Terms of Use and Data Privacy

1. Description of Service

Our Service provides tools to:

• Design conversational surveys and interview flows

• Deploy conversational data collection experiences

• Analyze conversational data through visual and interactive analytics

The Service is intended for organizational research, strategic insights, and related internal business purposes.

We may update or modify the Service from time to time, including adding, changing, or removing features.

2. Eligibility & Accounts

To use the Service, you must:

• Be at least 18 years old.

• Have the authority to enter into these Terms, whether on your own behalf or as an authorized representative of an organization.

You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. You agree to promptly notify us of any unauthorized use of your account.

3. Acceptable Use

You agree that you will not:

1. Use the Service in violation of any applicable law or regulation.

2. Use the Service to collect, upload, or process:

   • Sensitive personal data (e.g., health/medical information, financial account numbers, government IDs, precise geolocation, or information about minors), or

   • Confidential or material nonpublic information.
     We do not request and ask that you do not provide such data through the Service.

3. Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.

4. Interfere with or disrupt the Service or servers or networks connected to the Service.

5. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Service, except as permitted by law.

We reserve the right to suspend or terminate access to the Service for violations of these Terms.

4. Intellectual Property

All rights, title, and interest in and to the Service (including software, documentation, logos, and trademarks) are owned by Blendification LLC or our licensors and are protected by intellectual property laws.

Customer Content.
You retain all rights to the content and data you or your organization submit to the Service, including conversational responses, uploaded materials, and derived datasets specific to your organization (“Customer Content”).

You grant us a non-exclusive, worldwide, royalty-free license to host, process, and use Customer Content solely to:

• Provide, maintain, and improve the Service

• Secure and protect the Service

• Comply with applicable law

We do not claim ownership of Customer Content.

5. Third-Party Services & AI Providers

The Service may rely on third-party infrastructure and AI model providers, such as:

• Cloud hosting and databases (e.g., AWS, including Amazon Cognito and DynamoDB)

• Large language model providers (e.g., OpenAI, Groq, AWS Bedrock or similar)

We use these providers to process conversational data and generate insights. We contractually require that such providers maintain appropriate security and confidentiality protections.

Where required, your use of certain features may also be subject to the third-party provider’s terms and privacy policies. We are not responsible for third-party services we do not control.

6. Fees & Payment (if applicable to self-service users)

If your web app has only enterprise access and not self-serve billing, you can delete or simplify this.

If you purchase paid features or subscriptions, you agree to pay the applicable fees described at the time of purchase. Unless otherwise stated, fees are:

• Billed in advance, and

• Non-refundable, except as required by law.

We may change pricing and plans with reasonable notice to you.

7. Disclaimers

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free; or

• The insights, analytics, or outputs produced by the Service will be accurate, complete, or suitable for any particular decision-making purpose.

You are responsible for evaluating and using the outputs of the Service within your own professional judgment and context.

8. Limitation of Liability

To the maximum extent permitted by law:

• We will not be liable for any indirect, incidental, consequential, special, or punitive damages, or loss of profits, revenue, or data, arising out of or related to your use of the Service.

• Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you actually paid us for use of the Service in the three (3) months preceding the claim, or (b) USD $100.

Some jurisdictions do not allow limitations of certain liabilities, so parts of this section may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Blendification LLC, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Service,

• Your violation of these Terms, or

• Your violation of any rights of another person or entity.

10. Changes to the Service & Terms

We may update or change the Service or these Terms from time to time. When we make material changes, we will update the “Last updated” date and may provide additional notice (e.g., in-app notice or email).

If you continue to use the Service after the updated Terms become effective, you agree to be bound by the updated Terms.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of Colorado, without regard to its conflicts of laws principles.

Any disputes arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Colorado, and you and we consent to the personal jurisdiction of those courts.