Terms of Service

These Terms of Service (the "Terms") are a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Rapidflare, Inc. ("Rapidflare," "we," "us," or "our"), a company registered in Delaware, United States.

They govern your access to and use of our website at https://www.rapidflare.ai (the "Site"), the Rapidflare Dashboard at https://dashboard.rapidflare.ai (the "Dashboard"), the Rapidflare AI agents and copilots we make available (the "Agents"), and any other related products and services that link to these Terms (collectively, the "Services").

Rapidflare provides an AI platform for technical sales, product selection, and customer support. By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you are not permitted to use the Services and must discontinue use immediately.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

Relationship to negotiated agreements

Most Rapidflare customers are covered by a separately negotiated contract, and that contract — not this page — governs their relationship with us.

If you have entered into a separate written agreement with Rapidflare — including a Cloud Services Agreement, Master Services Agreement, Order Form, Statement of Work, Data Processing Agreement, or similar enterprise agreement (each, a "Negotiated Agreement") — then:

• The Negotiated Agreement governs your access to and use of the Services.
• These Terms apply only to the extent they address matters your Negotiated Agreement does not.
• In the event of any conflict or inconsistency between these Terms and a Negotiated Agreement, the Negotiated Agreement controls.

This means a Negotiated Agreement supersedes these Terms with respect to any subject it covers, including fees and payment, subscription term and renewal, cancellation and refunds, service levels and support, use and volume limits, warranties, limitations of liability, indemnification, intellectual property, confidentiality, data processing and retention, and governing law and venue.

These Terms apply in full to anyone who uses the Services without a Negotiated Agreement — including visitors to the Site, evaluation and trial users, and users of publicly accessible Agents.

Where Rapidflare Agents are made available to you through a third party's website, application, or support channel, your use may also be subject to that third party's own terms. Rapidflare is not responsible for those terms, and nothing here creates obligations on our part to you beyond the Services we provide.

Our services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

Except where expressly agreed in a Negotiated Agreement, the Services are not tailored to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or the Gramm-Leach-Bliley Act (GLBA). If your use would be subject to such laws, do not use the Services without a written agreement addressing them.

We reserve the right to change, modify, or remove the contents of the Services at any time and at our sole discretion. We have no obligation to update any information on the Services.

Intellectual property rights

Our intellectual property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright, trademark, and other intellectual property laws in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.

Your use of our services

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business purpose.

Except as set out in this section or elsewhere in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to make any other use of the Services, Content, or Marks, address your request to support@rapidflare.ai. If we grant permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owner or licensor and ensure that any copyright or proprietary notice remains visible.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of this section constitutes a material breach of these Terms and your right to use the Services will terminate immediately.

Your submissions

By sending us any question, comment, suggestion, idea, or feedback about the Services ("Submissions"), you agree that we may use and share such feedback for any purpose without compensation to you. This section does not apply to Content you provide to or receive from the Services, which is addressed under "Your content and AI output" below.

You warrant that your Submissions are original to you or that you have the necessary rights to provide them, that they do not constitute confidential information, and that they are not illegal, harassing, hateful, defamatory, obscene, abusive, discriminatory, false, or misleading.

User representations

By using the Services, you represent and warrant that: (1) you have the legal capacity to agree to and comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means except as we expressly permit; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.

Accounts and access

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@rapidflare.ai of any unauthorized use of your account or any other breach of security.

You may not share credentials with, or permit access by, anyone outside your organization, or otherwise make the Services available to multiple users in a manner that circumvents agreed user or volume limits.

Fees and payment

Fees, payment methods, billing cycles, invoicing, and applicable taxes are set out in your Negotiated Agreement or applicable Order Form. Where no Negotiated Agreement or Order Form applies, the Services are made available at no charge and we may modify or discontinue that availability at any time.

Where fees do apply, you agree to provide current, complete, and accurate billing and account information, and to update it promptly. Sales and other applicable taxes will be added where required. All payments are in US dollars unless otherwise agreed in writing.

Subscription and cancellation

Subscription term, renewal, cancellation, and any refund rights are governed by your Negotiated Agreement or Order Form. Where no such agreement applies, we may suspend or discontinue your access to the Services at any time.

To cancel a subscription or discuss your agreement, contact support@rapidflare.ai.

Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory, without written permission from us.
• Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that enforce limitations on use of the Services or the Content.
• Use any information obtained from the Services to harass, abuse, or harm another person, or to harass, intimidate, or threaten our employees or agents.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable law or regulation.
• Engage in unauthorized framing of, or linking to, the Services.
• Upload or transmit, or attempt to upload or transmit, viruses, Trojan horses, or other material that interferes with any party's use of the Services, or that modifies, impairs, disrupts, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send messages, or using any data mining, robots, scrapers, or similar data gathering and extraction tools, except through interfaces we expressly provide for that purpose.
• Delete any copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person, or use the account of another user.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Attempt to bypass any measures of the Services designed to prevent or restrict access.
• Copy or adapt the Services' software, or — except as permitted by applicable law — decipher, decompile, disassemble, or reverse engineer any software comprising any part of the Services.
• Use the Services to develop, train, or improve any product, service, or model that is directly or indirectly competitive with the Services, or to benchmark the Services for publication without our written consent.
• Make any unauthorized use of the Services, including collecting usernames or email addresses of users for the purpose of sending unsolicited email, or creating accounts by automated means or under false pretenses.

Any use of the Services in violation of the foregoing violates these Terms and may result in termination or suspension of your rights to use the Services.

Your content and AI output

You may provide input to the Services ("Input") and receive output from the Services based on that Input ("Output"). Input and Output are collectively "Content." You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to the Services.

Ownership. As between you and Rapidflare, and to the extent permitted by applicable law, you retain your ownership rights in Input and you own the Output. We assign to you all our right, title, and interest, if any, in and to Output.

Similarity of content. Due to the nature of the Services and of artificial intelligence generally, Output may not be unique and other users may receive similar output. Our assignment above does not extend to other users' output or to any third-party output.

Our use of content. We may use Content to provide, maintain, support, develop, and improve the Services, to comply with applicable law, to enforce our terms and policies, and to keep the Services safe. This includes reviewing conversations for quality — for example, investigating low-rated answers and building evaluation sets used to measure and improve the accuracy of the Services.

Training. We do not use your Content to train our models. Content is not used to train, fine-tune, or otherwise adjust the weights of any machine learning model, and we do not provide it to model providers for training. Quality evaluation as described above does not modify any model and is not training.

Accuracy. When you use the Services you understand and agree that:

• Output may not always be accurate. You should not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice.
• You are responsible for evaluating Output for accuracy and appropriateness for your use case, including human review as appropriate, before using or sharing it.
• You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as decisions about credit, education, employment, housing, insurance, legal matters, or medical care.
• The Services may produce incomplete, incorrect, or objectionable Output that does not represent Rapidflare's views. If Output references any third-party product or service, that does not mean the third party endorses or is affiliated with Rapidflare.

Data usage and retention

Purpose. Data provided by a customer is used for the sole purpose of delivering the Services.

Non-training assurance. We will not use customer proprietary data to train or fine-tune any machine learning or artificial intelligence model. Customer data is used to deliver the agreed Services and to measure and improve the quality of the Services, as described under "Your content and AI output" above.

Retention and deletion. We retain customer data only for as long as necessary to deliver the contracted Services. Following contract termination, customer data is deleted from our systems within sixty (60) days, unless legal or regulatory requirements dictate otherwise. The customer retains ownership of their data.

Data deleted on this schedule includes conversation transcripts and messages, session and interaction telemetry, end-user contact details captured through the Services, content supplied to us for ingestion, artifacts derived from that content such as embeddings and vector indices, observability traces held by our processors, feedback and quality records, and evaluation sets derived from your conversations. Evaluation sets are never used for training, and are never shared with or used to serve another customer.

Two categories are retained beyond that period. First, aggregated usage metrics and counts that contain no message content and identify no individual. Second, ordinary business records — billing and usage logs, support tickets, and sales records — which we keep as records of our business relationship rather than as part of the Services.

Personally identifiable information is deleted or de-identified as soon as it no longer has a business use, and in response to a verified request from a data subject where we have no legitimate business interest or legal obligation to retain it.

Security. We implement reasonable technical and organizational measures to safeguard the confidentiality and integrity of customer data. You acknowledge that no data transmission or storage system is entirely secure, and we cannot guarantee absolute security.

Where a Negotiated Agreement or Data Processing Agreement addresses these matters, that agreement controls.

Client applications

If you access the Agents through a Rapidflare client application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use that application on devices owned or controlled by you, strictly in accordance with these Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable law in connection with your use of the application; (4) remove, alter, or obscure any proprietary notice posted by us or our licensors; (5) make the application available over a network or other environment permitting access by multiple devices or users at the same time beyond your agreed limits; (6) use the application to create a product, service, or software that is directly or indirectly competitive with or a substitute for the Services; or (7) use the application to send automated queries to any website or to send unsolicited commercial email.

Services management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including reporting such user to law enforcement authorities; (3) refuse, restrict access to, or limit the availability of any of your Content or any portion of it, to the extent technologically feasible; (4) remove from the Services or disable files and content that are excessive in size or otherwise burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate proper functioning of the Services.

Privacy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

The Services are hosted in the United States. If you access the Services from a region with laws governing personal data collection, use, or disclosure that differ from those of the United States, then through your continued use of the Services you are transferring your data to the United States and consent to it being processed there.

Term and termination

These Terms remain in full force and effect while you use the Services.

Without limiting any other provision of these Terms, and subject to any Negotiated Agreement, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services — including by blocking certain IP addresses — to any person for any reason, including for breach of any representation, warranty, or covenant in these Terms or of any applicable law or regulation. We may terminate your use of or participation in the Services, or delete any content or information you posted, at any time and in our sole discretion.

If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

Modifications and interruptions

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time and for any reason without notice to you. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. Except as set out in a Negotiated Agreement, you agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases.

Where a Negotiated Agreement includes a service level commitment, that commitment governs.

Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

Limitation of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Where a Negotiated Agreement sets out a different limitation of liability, that limitation governs.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party arising out of: (1) your use of the Services; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Governing law and dispute resolution

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Any legal action of whatever nature brought by either you or us shall be commenced exclusively in the state or federal courts located in New Castle County, Delaware, and both parties consent to that jurisdiction and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in those courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms. In no event shall any claim, action, or proceeding related in any way to the Services be commenced more than one (1) year after the cause of action arose.

Where a Negotiated Agreement specifies a different governing law or venue, that agreement controls.

Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under any laws in any jurisdiction which require an original signature, or delivery or retention of non-electronic records.

California users and residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Do we make updates to these terms?

Yes. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time. We will indicate changes by updating the "Last revised" date at the top of this page, and the revised Terms are effective as soon as they are accessible. It is your responsibility to review these Terms periodically. Your continued use of the Services after revised Terms are posted means you accept them.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are expressly incorporated into these Terms by reference.

Miscellaneous

These Terms, together with any policies or operating rules we post on the Services, constitute the entire agreement between you and us except where a Negotiated Agreement applies, in which case that agreement and these Terms together constitute the entire agreement, and the Negotiated Agreement controls in the event of conflict.

Our failure to exercise or enforce any right or provision of these Terms does not operate as a waiver of that right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms or your use of the Services. You agree that these Terms will not be construed against us by virtue of our having drafted them.

How can you contact us about these terms?

To resolve a complaint regarding the Services, or to receive further information regarding use of the Services, email us at support@rapidflare.ai or contact us by post at:

Rapidflare, Inc. 325 S 1st St #120 San Jose, CA 95113 United States