Terms governing access to Poniq websites, waitlist, and the AI sales agent platform.
Effective Date: January 1, 2026
Last Updated: June 21, 2026
These Terms of Service (“Terms”) constitute a legally binding agreement between you (or the entity you represent, “Customer,” “you,” or “your”) and Poniq, Inc., an independent California corporation founded in 2025 (“Poniq,” “we,” “us,” or “our”). These Terms govern your access to and use of the Poniq websites (including poniq.ai and related sites, the “Site”), waitlist, account features, and the Poniq AI sales agent platform and related services (collectively, the “Service”).
By accessing or using the Site, joining the waitlist, creating an account, or using the Service (including deploying the embed on your website(s)), you agree to these Terms. If you do not agree, do not use the Site or Service. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization.
Poniq provides an AI-powered sales agent that customers embed on their websites (via a JavaScript snippet or other supported methods) to engage visitors in goal-driven conversations. The agent can qualify leads using configurable playbooks (vertical-specific templates for SaaS, medical/wellness, agencies, professional services, and others), handle objections, book meetings via calendar integrations, create structured records in connected CRMs, send payment links, log activity, escalate to live video or human takeover, and surface insights for playbook coaching and improvement.
Features, limits, pricing (typically per-site and/or conversation-based), support levels, and early-access terms are described on the Site, in your order or subscription confirmation, or in separate ordering documentation (an “Order”). Early access and waitlist participation are subject to availability and our discretion; registration does not guarantee access or specific pricing.
We may modify, suspend, or discontinue any part of the Service at any time, with or without notice, subject to any commitments in an active paid subscription.
You must be at least 18 years old (or the age of majority in your jurisdiction) and authorized to bind the organization you represent. You may not use the Service if you are barred from doing so under applicable law.
You are responsible for:
We may suspend or terminate accounts that provide false information, violate these Terms, or pose risk to the Service or other users.
Joining the waitlist or requesting early access does not create a binding obligation on Poniq to provide access, a specific launch date, pricing, or features. We may select participants, limit spots, change eligibility, or modify or cancel the early access program at any time. Any “founding member,” promotional, or discounted pricing applies only as expressly stated in writing for the applicable subscription term. Communications about launch timing are estimates only.
Our Acceptable Use Policy supplements this section with additional detail on lawful use, prohibited conduct, and enforcement. You agree not to, and not to permit any third party (including visitors to your sites or your users) to, use the Service to:
We may suspend or terminate access immediately for violations or suspected violations.
Conversations conducted by the AI agent, playbook suggestions, summaries, insights, intent scores, and other outputs are generated automatically using artificial intelligence and may be inaccurate, incomplete, biased, or inappropriate for your use case. Poniq makes no warranty regarding the accuracy, reliability, legality, or suitability of any AI output or playbook.
You are solely responsible for:
Poniq is a tool to assist your sales processes. It is not a substitute for professional legal, compliance, medical, financial, or other advice.
“Customer Data” means all data, content, and information (including Conversation Data, visitor personal information, playbooks, coaching notes, and configuration) that you or your visitors provide to or through the Service, or that we generate or process on your behalf in providing the Service.
You retain all rights, title, and interest in and to Customer Data (subject to the licenses granted below and any rights of visitors under applicable privacy law). You represent and warrant that you have all necessary rights, licenses, and consents to provide Customer Data to us and to authorize the processing described in these Terms and the Privacy Policy.
You grant Poniq a non-exclusive, worldwide, royalty-free, sublicensable license to host, copy, process, transmit, display, modify (as necessary to provide the Service, e.g., formatting or summarization), and otherwise use Customer Data solely as necessary to provide, operate, secure, improve, and support the Service for you, to generate aggregated/anonymized insights, and as otherwise permitted by these Terms or your written instructions. This license survives termination only as needed to wind down the Service or comply with legal obligations.
We may use aggregated or de-identified data derived from Customer Data for product improvement, research, and benchmarking, provided it does not identify you or your visitors.
Paid plans, conversation overages, per-site fees, and other charges are as described on the Site, in your Order, or in the dashboard at the time of purchase or renewal. All fees are in U.S. dollars and are non-refundable except as expressly stated in these Terms, your Order, or as required by law.
You authorize us (or our payment processor) to charge your designated payment method for all applicable fees. You are responsible for any taxes, duties, or similar charges (excluding taxes based on our net income). Late payments may accrue interest at the maximum rate permitted by law and may result in suspension of the Service.
We may change pricing or fees for renewal terms with reasonable advance notice (e.g., via email or in-app notice). Continued use after the effective date of a price change constitutes acceptance for the renewal term.
The Service integrates with or relies on third-party services you choose to connect (Pipedrive, Google services, Stripe, HelpScout, GoHighLevel, Zapier, n8n, webhooks, Cloudflare RealtimeKit, AI model providers, hosting/CDN providers, etc.). These are provided by independent third parties subject to their own terms, privacy policies, and service levels.
Poniq does not control and is not responsible or liable for any third-party service, including its availability, accuracy, security, data practices, changes, outages, or the acts or omissions of the third party. Your use of such services is at your sole risk and subject to your separate agreements with those providers. Any data you instruct us to send to a third party is transmitted “as is.”
Poniq and its licensors own all right, title, and interest in and to the Service, the Site, the software, documentation, playbooks templates (to the extent not customized by you), trademarks, logos, and all related intellectual property (collectively, “Poniq IP”). These Terms do not grant you any ownership interest in Poniq IP. Subject to these Terms and any Order, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes (or, for agency customers, to deliver services to your clients as permitted by your plan).
You own your Customer Data and any custom playbooks or content you create. You grant us the licenses set forth in Section 6.
Agency white-label or reseller rights, if any, apply only as expressly set forth in a separate written agreement or the applicable plan description.
Each party agrees to protect the other party’s non-public, confidential, or proprietary information (“Confidential Information”) using at least reasonable care and not to use or disclose it except as necessary to perform under these Terms or as authorized in writing. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was rightfully known prior to disclosure, is independently developed, or is rightfully received from a third party without restriction.
Our Privacy Policy describes our data practices and is not superseded by this section. The obligations survive termination for three (3) years (or longer for trade secrets).
You represent and warrant that:
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR AN APPLICABLE ORDER, THE SERVICE, SITE, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, OR MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR REVENUE, CONVERSION, OR BUSINESS OUTCOME.
PONIQ DOES NOT WARRANT THE RESULTS OF ANY AI-GENERATED CONTENT, PLAYBOOK, OR CONVERSATION. YOU ACKNOWLEDGE THAT AI SYSTEMS ARE INHERENTLY PROBABILISTIC AND THAT OUTPUTS MAY BE INACCURATE OR INAPPROPRIATE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PONIQ OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PONIQ’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO PONIQ FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS, LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
You will defend, indemnify, and hold harmless Poniq and its affiliates, and their respective officers, directors, employees, agents, and suppliers, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Poniq will provide prompt notice of any claim (provided that failure to provide prompt notice does not relieve you of obligations except to the extent materially prejudiced), reasonable cooperation, and control of the defense and settlement (provided that no settlement that imposes any obligation on Poniq or admits fault will be made without Poniq’s prior written consent).
Either party may terminate these Terms or any subscription in accordance with the terms of the applicable Order or by providing notice as specified for the plan (e.g., non-renewal).
We may suspend or terminate your access to the Service immediately, without notice, if we reasonably believe you have violated these Terms, your account poses a security or legal risk, you fail to pay amounts due, or as required by law.
Upon termination or expiration:
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles, except where prohibited by applicable consumer protection law.
Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Santa Clara County, California, and you consent to the personal jurisdiction and venue of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
We may modify these Terms from time to time. We will post the revised Terms on this page with an updated “Last Updated” date. For material changes affecting paid subscriptions, we will provide reasonable advance notice (e.g., email to the address associated with your account or in-app notification). Your continued use of the Site or Service after the effective date of the revised Terms constitutes acceptance of the changes, except where prohibited by law or your active Order.
These Terms, together with the Privacy Policy, Acceptable Use Policy, Subprocessor List, any DPA, and any Orders or additional terms referenced or accepted in connection with the Service, constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, representations, and understandings (including any prior terms on the legacy site).
If any provision is held invalid or unenforceable, the remaining provisions will continue in full force. The failure of either party to enforce any right or provision will not constitute a waiver.
You may not assign or transfer these Terms or any rights without our prior written consent; any attempted assignment in violation of this is void. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets.
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. No third-party beneficiaries are intended except as expressly stated.
Notices under these Terms may be provided by email (to the address on file or legal@poniq.ai / privacy@poniq.ai as appropriate), in-app notification, or posting on the Site, and will be deemed received when sent (for email with confirmation of delivery) or upon posting.
You agree to comply with all applicable export and import control laws. The Service may not be used in or exported to any country or by any person prohibited under U.S. export laws.
These Terms may be executed in counterparts or accepted electronically (including by click-through or continued use).
Poniq, Inc.
Attn: Legal
California, United States
Email: legal@poniq.ai
For privacy matters: privacy@poniq.ai