Terms of Use

By accessing www.float.com website (the "Website") or the float.com online scheduling service (the "Service") you agree to be bound by the following terms and conditions.

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Copyright notices

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The works of authorship contained in this Website, including but not limited to all design, text, and images, are owned, except as otherwise expressly stated, by Pixel Paddock, LLC, a New York limited liability Company (the “Company”).

Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the Company’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the Company’s proprietary rights. You are granted permission to display on your computer, print and download the content on this Website for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded. The Website or service content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, other than as expressly set forth in these Terms of Use, without the Company’s express prior written authorization.

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Trademark notices

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The trademarks, service marks, logos, slogans and domain names referenced on the Website and Service (the “Marks”), including but not limited to “Pixel Paddock”, “Float Schedule”, “Float” and the Float logo, are either common-law service marks or trademarks or registered service marks or trademarks of the Company, or third party Marks licensed to the Company, and are protected by trademark laws in the United States and other countries, and international laws and treaties. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the Website. You are not permitted to use any Marks displayed on the Website, metatags or any other “hidden text” utilizing Marks of the Company and its licensors, without prior written permission of the Company or such third party who may own the Mark.

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Definitions

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“User Content” means any data, text, files, information, or other materials submitted, uploaded, or otherwise provided by you through the Website or the Service.

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“AI Features” means any functionality that uses automated systems, machine learning models, or artificial intelligence to generate content, suggestions, insights, or outputs based on User Content.

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“AI Output” means any content, recommendations, or other results generated by the AI Features.

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“Third-Party Services” means any third-party software, services, or technology used in connection with the Service, including third-party artificial intelligence providers.

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User Content

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You retain all rights, title, and interest in and to your User Content. By submitting User Content through the Website or the Service, you grant the Company a non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, modify, and transmit such User Content solely for the purpose of providing, maintaining, and improving the Service, including the AI Features.

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General conditions

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1. The Website and the Service are provided “as is” and “as available”. The Company does not provide any warranties and representations regarding the website and services. The Company disclaims all warranties and representations of any kind with regard to use or inability to use the website and services, including any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for any particular purpose. the Company will not be liable for any delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defect in this website and the services. no license to the user is implied in these disclaimers.
2. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
3. Under no circumstances will the Company be liable for any lost profits, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages arising out of any reliance on the website, the service or any portion thereof, regardless of whether the Company has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort, (including negligence), strict liability, or otherwise. the Company may discontinue or make changes in the information, products or services described herein or made available on the website at any time without prior notice to you and without any liability.
4. To the extent that to create or maintain a free or subscription account, you assume full responsibility for any loss or damage you may incur due to failure to safeguard your account details or passwords.
5. The Website may be interfered with by numerous factors outside the Company’s control, including but not limited to Internet disruptions, and failures of any data or telecommunications equipment, system or network used in connection with the Website. The Company assumes no liability for disruptions of the Website or the Service.
6. You acknowledge that the entire risk arising out of the use and performance of the Website and the Service, remains with you to the maximum extent permitted by law.
7. The Company does not guarantee that the website is secure or impregnable. The Company will not be responsible in the event of security breach or infiltration of its security systems, provided that the Company has used reasonable efforts to prevent any such breach or infiltration.
8. This limitation of liability applies to all claims arising from or relating to the AI Features and AI Output.
9. Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.
10. The Website may contain links to third party websites. The Company does not have control over third-party websites or their information collection practices and the practices of third-party websites are not covered by these Terms of Use or the Company’s Privacy Policy. We recommend that you consult the terms of use and privacy policies of the third-party websites or contact the websites directly for information about their practices.

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‍Sanctions Compliance and Prohibited Jurisdictions

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‍Customer represents and warrants that:Float may suspend or terminate access immediately, without liability, if continued service would violate applicable law. Float may implement technical controls, including geo-blocking, to enforce compliance.

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1. Customer is not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. economic or trade sanctions administered by OFAC, including but not limited to the Russian Federation, Iran, North Korea, Syria, Cuba, and the Crimea, Donetsk, and Luhansk regions of Ukraine, as updated from time to time.
2. Customer is not listed on any U.S. government restricted party list, including the OFAC Specially Designated Nationals and Blocked Persons List (SDN List), and is not owned or controlled by any such person.
3. Customer will not access or use the Services from within any prohibited jurisdiction or in violation of applicable U.S. export control or sanctions laws.

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As between you and the Company, you own the AI Output generated for you through the Service, subject to your compliance with these Terms. You acknowledge that AI Output may not be unique and that similar or identical outputs may be generated for other users.

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AI Features Disclaimer

The AI Features are provided on an “as is” and “as available” basis. AI Output is generated automatically and may be inaccurate, incomplete, misleading, or inappropriate. The Company does not guarantee the accuracy, reliability, or suitability of any AI Output.

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You are solely responsible for reviewing, validating, and determining the appropriateness of any AI Output before relying on or using it. AI Output is not intended to constitute legal, financial, medical, or other professional advice.

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No Reliance on AI Output

You acknowledge and agree that any reliance on AI Output is at your own risk. The Company will not be liable for any decisions, actions, or omissions made by you based on AI Output.

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‍AI Outputs

Acceptable Use of AI Features

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You agree not to use the AI Features to generate or disseminate unlawful, harmful, infringing, or abusive content, or to violate any applicable laws or third-party rights. You may not use the AI Features to attempt to reverse engineer, extract, or misuse any underlying models or systems.

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No Training on Customer Data

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The Company will not use User Content or AI Output from paid or enterprise accounts to train, fine-tune, or improve any artificial intelligence models, except where such data has been aggregated and de-identified such that it cannot reasonably be associated with you or any individual.

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Confidentiality of User Content and AI Output

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The Company will treat User Content and AI Output as confidential information and will not disclose it to third parties except as necessary to provide the Service, comply with applicable law, or as otherwise permitted under these Terms or an applicable Enterprise Agreement.

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No Warranty of Non-Infringement for AI Output

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The Company does not represent or warrant that any AI Output will be original, non-infringing, or free from third-party rights. You are responsible for ensuring that your use of AI Output does not violate any applicable laws or third-party rights.

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Third-Party Services

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The Service may incorporate or rely on Third-Party Services, including third-party artificial intelligence providers. The Company does not control and is not responsible for the performance, availability, or practices of Third-Party Services.

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Billing, upgrades, downgrades, and refunds

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1. A valid credit card is required for paying accounts unless an alternate payment method has been agreed to prior to upgrading by contacting [email protected]. Free accounts are not required to provide a credit card number. The Service is billed in advance on a monthly or annual basis.
2. An upgrade from the free trial to any paying plan will end your free trial. You will be billed for your first month or year immediately upon upgrading.
3. For any upgrade in plan level, your credit card that you provided will automatically be charged the new rate. Downgrades in plan level will automatically be charged the new rate on your next billing cycle. There is no prorating for downgrades in between billing cycles.
4. Refunds are processed as outlined in our Refunds & Cancellation Policy.
5. Downgrading your Service may cause the loss of content, features, or capacity of your account. The Company does not accept any liability for such loss.

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Account suspension, termination, and cancellation

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1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. The account owner can cancel the account at any time by clicking on the account settings link in the global navigation bar at the top of the screen. The general settings page provides a delete link at the bottom of the page.
2. All of your content will be scheduled for deletion from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. You can temporarily suspend your account for up to six months without charge by contacting [email protected].
5. The Company reserves the right to suspend or terminate the Services provided to you without notice, in the event that payment is refused on a credit card that you have provided for the purpose of payment, or if we have cause to believe that you have violated these Terms of Use or the Company’s Privacy Policy, or in the event the Company believes that suspension or termination is necessary or advisable for the purpose of compliance with applicable law. Termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account.
6. In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. The user’s access to and use of the Company Website, and the terms of the above disclaimers are governed by the laws of the State of New York.
7. The Company may suspend or restrict access to the AI Features if it reasonably determines that such use violates these Terms, applicable law, or poses a security or legal risk.

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Privacy

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The terms and conditions of the Company’s Privacy Policy as may be in effect from time to time, apply to collection and use of your information and is made a part of these Terms by this reference.

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Security Measures

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The Company will implement and maintain commercially reasonable administrative, technical, and organizational measures designed to protect User Content against unauthorized access, disclosure, or misuse.

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Indemnification

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You agree to indemnify and hold the Company, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representative and Company licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Website and the Service; (ii) content you submit, post, transmit or otherwise make available via the Website and the Service; (iii) your violation of these Terms & Conditions of Use or the Company’s Privacy Policy including any claims arising from your use of or reliance on AI Output.

Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification will survive termination or expiration of these Terms.

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Order Forms and Enterprise Agreements

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If you have entered into a written order form, master services agreement, or other agreement with the Company governing your use of the Service (“Enterprise Agreement”), that Enterprise Agreement will control in the event of any conflict with these Terms of Use.

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AI Addendum

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The Company may make available an AI-specific addendum governing the use of AI Features. If applicable, such addendum will form part of these Terms.

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Please send any questions you have about our Terms of Use to [email protected].