Terms of Service

Effective Date: January 21, 2026.

These Terms of Service ("Terms") constitute a legally binding agreement between you (whether an individual or an entity) and the operator of the PunchKit service ("PunchKit", "we", "us" or "our"). By accessing, browsing, or using the PunchKit website, mobile applications, services and related content (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to all of the terms and conditions contained in these Terms, then you are expressly prohibited from using the Service and must discontinue use immediately.

Eligibility and Registration. The Service is offered only to persons who can form legally binding contracts under applicable law. By registering for an account or otherwise using the Service you represent and warrant that you are at least eighteen (18) years of age, have the authority to bind any entity for which you act, and will provide true, accurate, current and complete information when prompted and will maintain and promptly update such information to keep it true, accurate, current and complete. You are solely responsible for all activity that occurs under your account and for safeguarding the privacy of your credentials.

Account Obligations and Conduct. You agree to use the Service in compliance with all applicable laws, rules and regulations. You shall not use the Service for any unlawful, fraudulent, infringing or abusive purpose, or to collect information about others without their consent. You will not interfere with or disrupt the integrity or performance of the Service or the data contained therein. You are solely responsible for the content you create, upload, display, transmit or otherwise make available through the Service, including any digital assets, images, text, or data ("User Content"). You grant PunchKit a worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to host, use, copy, modify, distribute, publicly display and perform, and translate such User Content for the purpose of operating, providing, and improving the Service and delivering advertisements and content to you and other users, subject to our Privacy Policy.

Payments, Fees and Billing. Certain aspects of the Service may be subject to payment of fees. By subscribing to a paid plan you authorize PunchKit (or its third-party payment processors) to charge the payment method you designate at the time of purchase for all recurring charges and fees incurred in connection with your use of the Service. Fees are non-refundable except as expressly set forth in these Terms or as required by law. You are responsible for all taxes and duties associated with your purchases, other than taxes based on PunchKit's net income. PunchKit reserves the right to change its fees or impose new fees at any time upon reasonable notice to you; continued use of the Service after such changes constitutes acceptance of the new fees.

Intellectual Property Rights. The Service and all materials provided by PunchKit, including, without limitation, the technology, software, user interface, visuals, text, graphics, logos, and trade names are protected by copyright, trademark, trade secret and other intellectual property rights and laws. Except for the limited license expressly granted herein, PunchKit and its licensors retain all right, title and interest in and to the Service and all related intellectual property rights. You may not copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Service except as expressly authorized in these Terms or with PunchKit's prior written consent.

Privacy and Data. Your privacy is important to us. Our collection and use of personal information are governed by our Privacy Policy, which is incorporated herein by reference. You acknowledge and agree that PunchKit may collect, store and use information about you and your customers, including personal data, electronic identifiers, and usage information, and that we may process such information in accordance with applicable law and our Privacy Policy. By using the Service you grant PunchKit the right to use aggregated, de-identified data derived from your use of the Service for any lawful business purpose, including improving the Service, benchmarking, analytics and marketing.

Security. PunchKit employs commercially reasonable administrative, technical, and physical safeguards designed to protect the availability, confidentiality and integrity of data in our possession. However, no method of transmission over the Internet or method of electronic storage is completely secure. PunchKit does not warrant that any information you transmit to the Service will be free from unauthorized access, disclosure, alteration or loss. You are responsible for maintaining the security of your account credentials and for implementing reasonable security measures on your end to prevent unauthorized access to your account.

Third Party Services and Links. The Service may contain links to third-party websites, resources, services, or features that are not owned or controlled by PunchKit. PunchKit does not endorse and is not responsible or liable for the availability, accuracy, completeness, suitability or legality of such external sites or resources. Your dealings with third parties are solely between you and such third parties and you agree that PunchKit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

Warranty Disclaimer. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PunchKit AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PunchKit DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PunchKit, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO PunchKit DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER, EXCEPT WHERE APPLICABLE LAW PROHIBITS SUCH LIMITATION.

Indemnification. You agree to indemnify, defend and hold harmless PunchKit and its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and costs of investigation, arising out of or in any way connected with (a) your access to or use of the Service; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any rights of a third party or applicable law.

Termination. PunchKit may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including for violation of these Terms or for non-payment of fees. Upon termination, your right to access and use the Service will immediately cease and PunchKit may delete or deactivate your account and User Content without liability. The provisions of these Terms that by their nature should survive termination shall survive including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law and Dispute Resolution. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which PunchKit is incorporated, without regard to conflict of law principles. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located within that jurisdiction, and you hereby submit to the personal jurisdiction of those courts. Notwithstanding the foregoing, PunchKit may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Modifications to the Service and Terms. PunchKit reserves the right, at its sole discretion, to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. PunchKit may also revise these Terms from time to time. We will use reasonable efforts to provide notice of material changes, for example by posting notice on the Service or by emailing the address associated with your account; however, it is your responsibility to review these Terms periodically. Your continued use of the Service following the posting of changes to these Terms constitutes acceptance of those changes.

Severability and Waiver. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. The failure of PunchKit to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that or any other right or provision.

Entire Agreement. These Terms constitute the entire agreement between you and PunchKit regarding the subject matter hereof and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter of these Terms.

Contact. If you have any questions about these Terms, please contact us at hellopunchkit@gmail.com.