Terms of Service

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1. Agreement to These Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and P10Y Software, Corp. (“P10Y,” “we,” “us,” or “our”) governing your access to and use of P10Y’s software platform and related services. By creating an account, completing checkout, accessing or using the Services, or authorizing any individual to access or use the Services on your behalf, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Use of the Services is subject to P10Y’s Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy, these Terms shall control.

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2. Definitions

For purposes of these Terms, the following definitions apply:

• “Services” means P10Y’s cloud-based software platform for analyzing software engineering productivity, including dashboards, analytics, APIs, reports, benchmarking features, and related support services.
• “Customer” means the legal entity that registers for, purchases, or uses the Services.
• “Authorized Users” means employees or contractors authorized by Customer to access the Services.
• “Customer Data” means source code, metadata, survey responses, and other data submitted to the Services by or on behalf of Customer.
• “Derived Data” means aggregated, anonymized, or transformed data generated from Customer Data that cannot reasonably be used to identify Customer, its codebases, or its personnel.
• “Research Activities” means academic or scientific research, benchmarking studies, and publications conducted by P10Y, including collaborations with academic institutions.
• “Research Data” means anonymized and aggregated data used solely for Research Activities.

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3. Commercial Services

P10Y provides the Services as a commercial offering intended for internal business use by Customers and their Authorized Users. The Services are made available through a cloud-based platform and are purchased through P10Y’s online checkout. Pricing, subscription terms, renewal periods, and service tiers are presented at the time of purchase or renewal. In addition to the cloud-based Services, P10Y may offer enterprise subscriptions or on-premise deployments under separate written agreements, which may include subscription agreements, order forms, and statements of work. Any such separate agreements shall govern in the event of a conflict with these Terms.

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4. Authorized Users and Account Responsibility

Customer is responsible for all access to and use of the Services under its account, including all actions taken by its Authorized Users. Customer is responsible for maintaining the confidentiality of account credentials, API keys, and access tokens and for promptly notifying P10Y of any unauthorized access or suspected security incident. Customer remains fully responsible for all activity occurring through its account, whether authorized or unauthorized.

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5. Research Activities and Opt-Out Structure

To improve the accuracy, reliability, and effectiveness of the Services, P10Y conducts ongoing Research Activities using anonymized and aggregated data derived from use of the Services. These Research Activities support continuous model improvement, cross-customer benchmarking, and the advancement of software engineering productivity research, including collaborations with academic institutions.. By default, Customers participate in Research Activities as described in this Section. Participation in Research Activities does not affect ownership of Customer Data and does not permit disclosure of identifiable Customer information. Customer may opt out of Research Activities at any time by contacting support@p10y.com. Upon receipt of a valid opt-out request, P10Y will flag Customer’s account so that Customer Data is no longer used for Research Activities. Aggregated and anonymized data generated prior to the opt-out may continue to be retained. Opting out of Research Activities does not affect Customer’s access to the core Services unless participation in Research Activities is technically required for specific features, in which case P10Y will notify Customer.

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6. Data Usage and Rights

Customer retains all right, title, and interest in Customer Data. P10Y may access, process, and store Customer Data solely for the purpose of providing, operating, supporting, and securing the Services and for complying with applicable law. P10Y does not sell Customer Data and does not disclose Customer Data to third parties except as permitted under these Terms or as required by law. P10Y retains all rights in Derived Data. Derived Data may be used by P10Y for product improvement, model training, benchmarking, analytics, and other internal or commercial purposes, provided that such Derived Data does not reasonably identify Customer, its codebases, or its personnel. Research Data is anonymized, aggregated, and non-reversible and is used solely in connection with Research Activities, subject to the opt-out rights described above.

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7. Intellectual Property

P10Y retains all right, title, and interest in and to the Services, including the platform, algorithms, models, scoring methodologies, benchmarks, analytics, documentation, and all related intellectual property. Except as expressly stated in these Terms, no rights are granted to Customer. Customer is granted a limited, non-exclusive, non-transferable license to use the outputs of the Services solely for Customer’s internal business purposes. Customer may not reverse engineer, decompile, or attempt to derive the underlying models or methodologies, use the Services to develop competing products or services, train third-party systems using outputs from the Services, or publicly represent Service outputs as guarantees or factual determinations without appropriate context.

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8. Publication of Research Results

P10Y may publish results derived from Research Activities provided that all published data is anonymized and aggregated and that no Customer, codebase, or individual is identifiable. Customers participating in Research Activities will be given an opportunity to review publications solely to confirm that no confidential or identifiable information is disclosed. Publication rights do not apply to Customers who have opted out of Research Activities.

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9. Acceptable Use

Customer and its Authorized Users agree to use the Services only for lawful purposes and in accordance with these Terms. Customer shall not misuse the Services, interfere with their operation, circumvent security or access controls, introduce malicious code, or use the Services in a manner that violates applicable law or misrepresents the nature or purpose of the Services.

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10. Decision-Support Disclaimer

The Services provide analytical decision-support tools intended to assist, not replace, human judgment. Outputs generated by the Services are indicators derived from statistical and algorithmic analysis and do not constitute professional, legal, or managerial advice. Customer remains solely responsible for decisions made based on use of the Services.

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11. Disclaimer of Warranties

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, P10Y disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

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12. Limitation of Liability

To the maximum extent permitted by law, P10Y shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to the Services. P10Y’s total liability for any claim arising under these Terms shall not exceed the amounts paid by Customer to P10Y during the three (3) months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so these limitations may not apply in full.

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13. Term and Termination

These Terms remain in effect for as long as Customer accesses or uses the Services. Customer may terminate its use of the Services at any time by discontinuing access. P10Y may suspend or terminate Customer’s access for violation of these Terms or applicable law. Provisions relating to data usage, intellectual property, disclaimers, and limitation of liability shall survive termination.

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14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in Delaware, except where prohibited by law.

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15. Contact Information

P10Y Software, Corp. 1401 Lavaca St, No. 150 Austin, TX 78701 United States Email: support@p10y.com