Terms of Service

Last Updated: September 4, 2026

These Terms of Service (the “Terms”) govern access to and use of the websites, applications, software, and related services provided by Poth Technologies, Inc. (“Poth,” “we,” “us,” or “our”), including services made available under the Poth Labs name (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you use the Services for an organization, you represent that you have authority to bind that organization, and “you” includes that organization.

If you and Poth enter into a signed order form, master services agreement, data processing agreement, or other written agreement covering the Services, that agreement controls to the extent it conflicts with these Terms.

1. Eligibility and Accounts

You must be legally able to enter into these Terms. You are responsible for accurate account information, maintaining the confidentiality of your credentials, and all activity under your account. You must promptly notify Poth at matthew@pothlabs.com if you suspect unauthorized access or credential compromise.

You may not share a personal login, circumvent access restrictions, disable security controls, or allow an unauthorized person to use your account. Multi-factor authentication must be used where Poth or the applicable identity provider makes it available or requires it.

2. Services and Commercial Terms

Poth may provide free, evaluation, pilot, or paid Services. The public marketing site does not itself create a paid subscription. Scope, fees, usage limits, service periods, support terms, and any service-level commitments for a paid engagement are stated in the applicable written order form or agreement. Unless a written agreement says otherwise, there is no guaranteed service level.

Poth may improve, modify, or discontinue features. We will use commercially reasonable efforts to provide notice before a material change that adversely affects an active paid engagement, where practicable.

3. Acceptable Use

You may use the Services only for lawful, authorized business purposes and in accordance with documentation and agreed limits. You must not:

• access or test systems, accounts, or data without authorization;
• introduce malware or intentionally interfere with availability or integrity;
• bypass rate limits, authentication, tenant boundaries, or other safeguards;
• upload content you do not have the right to process;
• use the Services to violate privacy, intellectual-property, employment, consumer-protection, export-control, or other applicable laws;
• use automated means to scrape or extract the Services except through an authorized interface; or
• resell, reverse engineer, or create a competing service from non-public portions of the Services except where applicable law does not permit that restriction.

We may investigate suspected misuse and suspend access when reasonably necessary to protect customers, the Services, or others. When practicable, we will limit a suspension to the affected account or function and notify the customer.

4. Customer Data and Instructions

“Customer Data” means information submitted to or accessed by the Services on your behalf. As between you and Poth, you retain your rights in Customer Data. You authorize Poth and its approved service providers to host, copy, transmit, transform, and otherwise process Customer Data only as necessary to provide, secure, support, and improve the Services; comply with documented instructions and applicable law; and prevent fraud or abuse.

You are responsible for having the necessary rights, notices, consents, and lawful basis for Customer Data and for configuring access appropriate to your users. Poth does not sell Customer Data. Poth does not use Customer Data to train general-purpose third-party AI models. Additional processing, retention, deletion, data-location, and subprocessor terms may be stated in a signed agreement or data processing addendum.

Our Privacy Policy explains how we process personal information collected through the Site and related interactions.

5. Security Commitments

Poth maintains administrative, technical, and organizational safeguards designed to protect the confidentiality, integrity, and availability of Customer Data. These safeguards include, as applicable to the service and agreed scope:

• encryption in transit using current transport-security protocols and encryption at rest for production data stores;
• logical tenant separation and role-based, least-privilege access controls;
• multi-factor authentication for critical administrative services where supported;
• change review, vulnerability management, security monitoring, backups, and incident-response procedures;
• access reviews and prompt revocation of access that is no longer required;
• vendor-risk review for material service providers; and
• independent security assessment and compliance activities proportionate to risk.

No system is perfectly secure. You remain responsible for securing your endpoints, identity provider, credentials, integrations, and the permissions you grant. More information about Poth’s current security program is available on our Security page and public Trust Center. Any certification or audit status is described as of its stated date and does not create a warranty beyond an express written agreement.

6. Security Incidents

Poth maintains procedures to identify, investigate, contain, and remediate security incidents. If Poth confirms unauthorized access to Customer Data within Poth’s control, we will notify the affected customer without undue delay and provide information reasonably available to support the customer’s response, subject to legal, security, and confidentiality constraints. A signed agreement may specify additional notification obligations.

You must report suspected vulnerabilities responsibly and must not access, alter, or retain another person’s data. Security reports may be submitted to matthew@pothlabs.com or through the vulnerability-disclosure channel published in Poth’s Trust Center.

7. Confidentiality

Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will use that information only to perform or exercise rights under the applicable agreement, protect it using reasonable care, and disclose it only to personnel and service providers who need it and are bound by confidentiality obligations. These obligations do not apply to information that the receiving party can document was already lawfully known, becomes public without breach, is independently developed, or is lawfully obtained without restriction.

If law requires disclosure, the receiving party will give advance notice where legally permitted and disclose only what is required.

8. Intellectual Property and Feedback

Poth and its licensors retain all rights in the Services, software, documentation, designs, and related technology. Subject to these Terms and any applicable written agreement, Poth grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the applicable service period.

You retain rights in Customer Data and outputs generated specifically from Customer Data, subject to third-party rights and applicable law. If you provide feedback, you grant Poth a perpetual, worldwide, royalty-free right to use it without identifying you or disclosing your confidential information.

9. Third-Party Services and AI Features

The Services may interoperate with third-party services selected or authorized by you. Their terms and privacy practices govern their systems. Poth is not responsible for a third-party service outside Poth’s control, but Poth remains responsible for its own obligations when using approved subprocessors to provide the Services.

AI-assisted outputs can be incomplete or inaccurate and should be reviewed before consequential use. You are responsible for decisions made using an output and must not rely on the Services as a substitute for professional legal, medical, financial, or other regulated advice.

10. Termination and Data Handling

You may stop using free Services at any time. Either party may terminate a paid engagement as stated in the applicable written agreement. Poth may suspend or terminate access for material breach, unlawful use, security risk, or nonpayment after any notice and cure period required by the applicable agreement or law.

Following termination, Poth will make Customer Data available for export or delete it as stated in the applicable agreement, Privacy Policy, retention schedule, and legal obligations. Residual encrypted backup copies may remain until overwritten under normal backup cycles and will remain protected while retained.

11. Disclaimers

Except for express commitments in a signed agreement, the Services are provided “as is” and “as available.” To the maximum extent permitted by law, Poth disclaims implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and warranties arising from course of dealing. Poth does not warrant that the Services will be uninterrupted or error-free or that every output will be accurate.

Some jurisdictions do not allow particular disclaimers, so those disclaimers apply only to the extent permitted by law.

12. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenues, goodwill, or data, arising from the Services or these Terms.

Except for amounts owed, misuse of the other party’s intellectual property, or liability that cannot lawfully be limited, each party’s aggregate liability arising from the Services and these Terms will not exceed the amount paid or payable to Poth for the affected Services during the 12 months before the event giving rise to liability. For free Services, Poth’s aggregate liability will not exceed US$100.

13. Indemnification

You will defend and indemnify Poth from third-party claims arising from Customer Data, your unlawful or unauthorized use of the Services, or your material breach of these Terms. Poth will provide prompt notice and reasonable cooperation, and you may not settle a claim in a way that admits fault by or imposes an obligation on Poth without Poth’s written consent.

Any Poth intellectual-property indemnity for paid Services will be stated in the applicable written agreement.

14. Changes to These Terms

Poth may update these Terms. We will post the updated version and revise the “Last Updated” date. If a change materially reduces a current paid customer’s rights, Poth will provide reasonable advance notice where practicable. Continued use after the effective date of an update constitutes acceptance, except where a signed agreement provides otherwise.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. The state and federal courts located in San Francisco County, California have exclusive jurisdiction over disputes arising from these Terms, and each party consents to those courts. Nothing in this section prevents either party from seeking urgent equitable relief to protect confidential information, security, or intellectual-property rights.

16. General

These Terms, the Privacy Policy, and any applicable signed agreement are the entire agreement concerning their subject matter. You may not assign these Terms without Poth’s written consent, except in connection with a merger or sale of substantially all assets. Poth may assign these Terms in connection with a corporate reorganization, merger, acquisition, or sale. Neither party is liable for delay caused by events beyond its reasonable control. If a provision is unenforceable, the remainder remains effective. Failure to enforce a provision is not a waiver. Electronic notices and signatures are effective.

17. Contact

Poth Technologies, Inc.
2261 Market Street
San Francisco, CA 94114, United States
Email: contact@pothlabs.com
Security: matthew@pothlabs.com