Version 1.0 · Effective July 4, 2026
These Terms of Service (the "Terms") govern access to and use of the Unfairly platform and related services (the "Service") provided by Unfairly, Inc., a Delaware corporation ("Unfairly"). These Terms form a binding agreement between Unfairly and the individual or entity that subscribes to or uses the Service ("Customer"). By clicking to accept these Terms, by executing an ordering document that references them, or by accessing or using the Service, Customer accepts these Terms. If the individual accepting these Terms does so on behalf of an entity, that individual represents that they are authorized to bind the entity, and "Customer" refers to that entity. A party that does not agree to these Terms may not use the Service.
"Agreement" means these Terms together with any Order and the Data Processing Addendum. "Authorized User" means an individual whom Customer permits to use the Service under a Seat. "Customer Data" means data, documents, and other content that Customer or its Authorized Users submit to the Service. "Documentation" means the usage materials Unfairly makes available for the Service. "Fees" means the amounts payable for the Service. "Order" means an online checkout, order form, or other ordering document for the Service. "Seat" means a single Authorized User license. "Subscription Term" means the period during which Customer is authorized to use the Service, as stated at checkout or in an Order.
2.1 Access. Subject to these Terms and payment of the Fees, Unfairly grants Customer a non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to access and use the Service for Customer's internal business purposes, for the number of Seats purchased.
2.2 Authorized Users. Each Seat is for one Authorized User. Customer may reassign a Seat to a new Authorized User, but Seats may not be shared or used concurrently by more than one individual. Customer is responsible for its Authorized Users' compliance with these Terms and for all activity under its account, and shall keep its account credentials confidential.
2.3 Changes to the Service. Unfairly may modify or enhance the Service from time to time. Unfairly will not materially decrease the core functionality of the Service during a paid Subscription Term.
2.4 Suspension. Unfairly may suspend Customer's or an Authorized User's access to the Service if Unfairly reasonably determines that the use poses a security risk to the Service or to others, violates Section 3, or may subject Unfairly to liability. Where practicable, Unfairly will give notice and an opportunity to remedy, and will restore access promptly once the issue is resolved. Suspension under this Section does not relieve Customer of its payment obligations.
Customer shall not, and shall not permit any Authorized User or third party to: (a) license, sublicense, sell, resell, rent, or lease the Service; (b) use the Service to store or transmit unlawful, infringing, or malicious material; (c) interfere with or disrupt the integrity or performance of the Service; (d) attempt to gain unauthorized access to the Service or its related systems; (e) reverse engineer or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by applicable law; or (f) exceed the number of Seats purchased.
Customer shall not submit to the Service any protected health information subject to the Health Insurance Portability and Accountability Act ("HIPAA"), or any other health, financial-account, or government-classified information subject to heightened regulatory requirements, unless Unfairly has separately agreed in a signed writing to receive such information (for example, under a Business Associate Agreement). The Service is general business software and is not offered or configured for regulated health data absent such an agreement.
5.1 Fees. Customer shall pay the Fees stated at checkout or in the applicable Order. Except as expressly provided, Fees are non-refundable and payment obligations are non-cancelable.
5.2 Billing. Fees are billed in advance for each Subscription Term through Unfairly's payment processor. By subscribing, Customer authorizes Unfairly to charge the payment method on file for the Fees, including for each renewal, until the Agreement terminates.
5.3 Taxes. Fees are exclusive of taxes. Customer is responsible for all sales, use, value-added, and similar taxes, excluding taxes based on Unfairly's net income. Where Unfairly is registered and required to collect such taxes, it will add them to the applicable invoice.
5.4 Late or failed payment. If a charge fails or an amount is past due, Unfairly may, following reasonable notice, suspend access to the Service until Customer pays all amounts due.
If Unfairly offers a free trial, Customer may use the Service without charge during the stated trial period. Unless Customer cancels before the trial ends, the subscription converts to a paid subscription at the price presented at signup, and Section 5 applies. Service provided during a trial is provided "as is" and without warranty.
7.1 Term. These Terms commence on the date Customer first accepts them and continue for the Subscription Term. Unless an Order states otherwise, the Subscription Term is one month and renews automatically for successive one-month periods.
7.2 Non-renewal. Either party may elect not to renew by providing written notice at least ten days before the end of the then-current Subscription Term. The election takes effect at the end of that period.
7.3 Termination for cause. Either party may terminate these Terms if the other party materially breaches them and fails to cure the breach within thirty days after receiving written notice of it.
7.4 Effect of termination. Upon termination, Customer's right to access the Service ends and all accrued but unpaid Fees become due. For thirty days after termination, Unfairly will make Customer Data available for export upon request, after which Unfairly may delete Customer Data in the ordinary course. Sections 1, 5 (for amounts accrued), 8 through 12, and 15 survive termination.
8.1 Ownership. As between the parties, Customer owns all Customer Data. Customer grants Unfairly a non-exclusive right to host, copy, process, and transmit Customer Data as necessary to provide the Service.
8.2 Processing. Unfairly processes Customer Data as a processor on Customer's behalf and only to provide, secure, and support the Service, to comply with law, or as Customer directs. Unfairly's Data Processing Addendum applies where Customer submits personal data and is incorporated into these Terms by reference.
8.3 Security. Unfairly will maintain administrative, technical, and organizational safeguards designed to protect Customer Data, including encryption of Customer Data in transit.
8.4 Aggregated data. Unfairly may use de-identified and aggregated data derived from use of the Service to operate and improve the Service, provided such data does not identify Customer, any Authorized User, or any individual.
9.1 Confidential Information. "Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential, including the Fees and other pricing terms.
9.2 Obligations. The receiving party shall protect the disclosing party's Confidential Information using at least reasonable care, shall not use it except to perform under these Terms, and shall not disclose it except to personnel and advisors who need to know it and are bound by confidentiality obligations. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was known to the receiving party without a duty of confidentiality, or is independently developed.
9.3 Compelled disclosure. The receiving party may disclose Confidential Information to the extent required by law, provided it gives reasonable prior notice where permitted.
Unfairly and its licensors own the Service, the Documentation, and all related software and intellectual property rights. Except for the rights expressly granted in Section 2, no rights are granted to Customer. If Customer provides suggestions or feedback regarding the Service, Unfairly may use them without restriction or obligation.
11.1 Authority. Each party warrants that it has the authority to enter into these Terms.
11.2 Disclaimer. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS," AND UNFAIRLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE RELIES ON THIRD-PARTY ARTIFICIAL-INTELLIGENCE MODELS AND CONNECTORS THAT UNFAIRLY DOES NOT CONTROL, AND UNFAIRLY DOES NOT WARRANT THAT OUTPUTS WILL BE ACCURATE, COMPLETE, OR ERROR-FREE. CUSTOMER IS RESPONSIBLE FOR EVALUATING AND VERIFYING OUTPUTS BEFORE RELYING ON THEM.
12.1 Exclusion. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Cap. EXCEPT FOR CUSTOMER'S PAYMENT OBLIGATIONS AND A PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY. This Section does not limit either party's indemnification obligations under Section 13.
13.1 By Unfairly. Unfairly will defend Customer against any third-party claim alleging that the Service, as provided by Unfairly and used in accordance with these Terms, infringes or misappropriates that third party's intellectual-property rights, and will indemnify Customer for amounts finally awarded or agreed in settlement. Unfairly has no obligation under this Section for any claim arising from (a) Customer Data, (b) modification of the Service by anyone other than Unfairly, (c) combination of the Service with products or services not provided by Unfairly, or (d) use of the Service in breach of these Terms. If the Service becomes, or Unfairly believes it may become, the subject of an infringement claim, Unfairly may at its option procure the right for Customer to continue using the Service, modify the Service so that it is non-infringing, or terminate the affected subscription and refund any prepaid, unused Fees. This Section states Customer's sole and exclusive remedy for any claim of infringement or misappropriation.
13.2 By Customer. Customer will defend Unfairly against any third-party claim arising from Customer Data or from Customer's use of the Service in breach of these Terms, and will indemnify Unfairly for amounts finally awarded or agreed in settlement.
13.3 Procedure. The indemnified party shall give prompt notice of the claim, allow the indemnifying party to control the defense, and provide reasonable cooperation. The indemnifying party shall not settle a claim in a manner that imposes liability or admission on the indemnified party without its consent.
Unfairly may revise these Terms by posting an updated version with a new effective date. For a Customer with an active subscription, the revised Terms take effect upon the next renewal of the Subscription Term, and Unfairly will provide reasonable notice of material changes. Continued use of the Service after the revised Terms take effect constitutes acceptance of them.
15.1 Governing law and venue. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware.
15.2 Assignment. Neither party may assign these Terms without the other party's prior written consent, except that either party may assign them to a successor in connection with a merger, acquisition, or sale of substantially all of its assets.
15.3 Notices. Notices to Unfairly may be sent to legal@unfairly.ai. Notices to Customer may be sent to the email address associated with its account.
15.4 Force majeure. Neither party is liable for any delay or failure to perform due to causes beyond its reasonable control.
15.5 Entire agreement. These Terms, together with any Order and the Data Processing Addendum, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous understandings. If any provision is held unenforceable, the remaining provisions remain in effect. A party's failure to enforce a provision is not a waiver of it. The parties are independent contractors.
15.6 Jury and class-action waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY, AND WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS.
Unfairly, Inc., 455 Market Street, Suite 1940 PMB 875030, San Francisco, CA 94105. Email legal@unfairly.ai. See also our Privacy Policy.