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Terms of Service

Draft, not in effect. This text is awaiting legal review and is not yet binding. Bracketed tags mark open items.

Effective date: [YYYY-MM-DD] · Version: [YYYY-MM-DD]

1. Who we are and what these terms cover

SplitSpoon is operated by [SplitSpoon LLC], a [State] limited liability company ("SplitSpoon", "we", "us"). "These terms" means this document together with the Acceptable Use Policy and the Refund & Credits Policy, which are part of it (§17). Where only the Terms of Service is meant, we say "this document". "This agreement" means these terms together with the other documents listed in §17. These terms govern your use of the SplitSpoon web application, portal and related services (the "Service"). The Service is used through the web app. Our servers' programming interface exists only to serve the web app; we do not offer it to customers for their own scripts or programs. [owner: confirm, as in the Acceptable Use Policy §5] The Service reads boring logs and similar subsurface documents with AI. It lets you review and edit the extracted data, and it produces logs, sections, site plans and data exports.

The Service is for professional and business use. By creating an account you confirm that you are at least 18 and that you use the Service for your work. If you use it on behalf of a company, you confirm you may bind that company to these terms, and "you" includes it. [owner: decide who owns an account opened for a company. Either "An account opened for a company belongs to the company; on its written request, with proof of authority, we may transfer the account or its unspent purchased credits to another person at the company", or "Accounts and credits belong to the individual account holder; a company that needs shared access should not use one person's account".]

You confirm that you are not in, or ordinarily resident in, a country or region under comprehensive U.S. sanctions. You are not on a U.S. government restricted-party list, and you are not owned 50% or more, directly or indirectly, by one or more persons on such a list, or otherwise controlled by such a person. You will tell us at once if that changes. If it does, or if sanctions law comes to apply to you, we may suspend your account at once and end this agreement by notice, with no cure period, as for your breach (§9A). You will not use or export the Service in breach of U.S. export or sanctions law. During the beta, you must be in the United States. The invitation request form asks you to confirm this. [verify: this is a self-attestation, not a geolocation or sanctions screen; built on prep/int, not yet deployed.] [lawyer: sanctions and export wording]

2. Accounts and access

  • During the beta, accounts are by invitation. An invitation code is personal. It expires 30 days after we issue it, unless we tell you a different date when we send it (see §11 and the Beta Program Terms).
  • Each account is for one person. Do not share your sign-in.
  • Keep your password, vault passphrase and recovery key safe. If you turn on two-factor sign-in, it is required every time you sign in.
  • For security we may sign an account out of every device. You can do the same yourself with "Sign out everywhere".

3. Your vault and what we can read

Your projects are encrypted in your browser with your vault key before they reach our servers. We cannot read them. If you lose both your vault passphrase and your recovery key, we cannot recover your projects.

Your projects are the only thing we cannot read. Three things need plaintext:

  • Job files. While a run is in progress and for your retention period afterwards (§10), your uploaded documents, page images, extraction checkpoints and extracted results are stored encrypted under a key our servers hold, so that our servers can read them. Unwrapped keys exist only in the memory of our API and extraction worker, for the request or job that needs them. We do not open job files ourselves unless you send us a page, and they are deleted on your retention setting.
  • AI extraction. The pages you submit are rendered to images and sent to the AI provider for your chosen quality tier, which reads them as plaintext.
  • AI Layer Correlation. It sends the decrypted boring summaries for that request to the AI provider you choose, for that request only. The project file itself is never sent and stays encrypted with your vault key.

4. AI providers and their retention

We use third-party AI providers (Anthropic and OpenAI) to process the pages you submit. Providers may keep inputs and outputs for up to 30 days for abuse monitoring under their own policies. The Max+ quality tier uses a model whose provider keeps inputs and outputs for 30 days regardless of any zero-retention arrangement. The app shows this notice before you choose Max+. Our security page (splitspoon.ai/security.html) lists the providers and their current retention.

5. AI output is a draft; professional responsibility stays with you

AI extraction can misread a page: a depth, a blow count, a soil description, a water level. The Service flags low-confidence fields and project inconsistencies to help you check. Those flags do not catch every error.

  • A qualified professional checks every value before it is used. Before any output of the Service goes into a report, a design, a recommendation or any other work product, a qualified professional on your side must review each value against the source document. That duty is yours. We do not perform it, and the flags do not replace it.
  • The Service is a drafting and data tool. It does not give engineering, geological or other professional advice. Nothing it produces is sealed, certified or checked by a licensed professional. Any estimate it shows is a tool for your judgment, not a finding. This includes groundwater depth estimates from public aquifer surfaces and values derived from standard correlations.
  • The seal and the report are yours. Any report, log, drawing or design that uses the output is your work product. You, and the professional who signs or seals it, are solely responsible for it, as if you had prepared every value yourself.
  • Safety-critical decisions. Do not rely on the output for any decision that affects life, safety, structural stability or the environment unless you have first checked the values it rests on against the source documents.
  • No reliance by others. The output is for you. Your clients and other third parties may not rely on it as coming from us.
  • Exports. Exports do not show which values you reviewed. Review before you export or send. [owner: code gap CG-EXPORTMARK would allow "Exports made while fields are unreviewed are marked as such"]

[lawyer: is this as strong as it can be for engineers who put the output into sealed reports; does the "no reliance by others" line need a matching indemnity in §14; does any state's professional-practice law limit it?]

6. Your content

  • You own your content. "Your content" means the documents you upload, your projects, the data extracted from your documents, and your exports.
  • The licence you give us. You let us host, copy, process and send your content to our service providers only as needed to run, secure and support the Service for you, to keep backups, to act on a report you send us, to enforce these terms and to comply with law.
  • Your rights to upload. You confirm you have the right to upload what you submit. This includes any permission you need from your clients, and any confidentiality duty you owe them.
  • What we don't do. We do not sell your content. We do not use your documents to train AI models. [verify: kept. The code cannot answer it; it rests on the AI providers' contract terms, to be checked before publishing.]
  • Personal data in your content. Your documents may hold personal data, such as the name of a property owner, a driller or a client contact. For that data, you decide why and how it is processed, and we process it only on your behalf, as your processor or service provider. Our Data Processing Addendum (the "DPA") applies automatically whenever your content includes personal data. You do not need to sign it separately. [lawyer: is acceptance of these Terms enough to form the DPA, or must it be signed on request?]
  • Copyright complaints. If you believe content in the Service infringes your copyright, send a written notice to our designated agent: [owner: register a DMCA agent with the U.S. Copyright Office]. Send copyright notices only to that agent. The notice must identify the work, the material you say infringes it and where it is, your contact details, a statement that you believe in good faith that the use is not authorised, and a statement, under penalty of perjury, that the notice is accurate and that you own the right or may act for its owner. Sign it. When we receive a valid notice, we remove or disable access to the material we can reach and tell the account holder. We can queue removal of one run's source, pages, result and scratch files. Projects are encrypted with a key we never hold, so for that material we may only be able to act on the account. [verify: per-run removal is built on prep/int, not yet deployed; the worker performs permanent deletion.]
  • Counter-notices. An account holder may send our designated agent a counter-notice with the details the law requires. If we receive a valid counter-notice, we send it to the person who complained, and we restore the material in 10 to 14 business days unless they tell us they have filed a court action. [lawyer: reconcile this restore promise with permanent per-run file removal before using that action for a takedown; the code cannot restore files or page nonces after the worker has removed them.] We terminate, in appropriate circumstances, the accounts of repeat infringers. [owner: today that means a permanent suspension; the code has no operator-started deletion] [lawyer: DMCA section 512 wording, counter-notice steps, and whether the safe harbour fits a service whose stored projects we cannot read]

7. Credits, pricing and payment

Section 7 summarises our Refund & Credits Policy, which is part of these terms and sets out the full rules. Where the policy adds detail that this section does not mention, the policy's detail applies.

  1. Prepaid credits. The Service is paid for with prepaid credits. Credits are units of Service. At purchase they are priced at US$0.01 each. You buy credits in packs through our payment processor, Stripe. Taxes are added where required. Credits pay for the Service's AI work: extraction runs, and smaller AI requests such as re-reading a field or AI Layer Correlation. Credits are not money. They cannot be withdrawn, and they cannot be moved to another account. When we refund or recover credits, each credit is worth the amount paid for its purchase divided by all the credits that purchase added, bonus included.
  2. Quotes and approval. Before a run we show a quote, and you approve it. When you approve a quote in the app, the app sends that figure with the run as your approved maximum. If the run would cost more than your approved maximum, we ask again before charging, and nothing is held until you approve the new figure. A run started without an approved maximum is capped at the quote we work out when it starts, and charged its metered cost up to that cap.
  3. What a run costs.
    • A run that fails costs nothing. Its hold is released, and its incomplete output is not delivered.
    • If you resume a failed run, the resumed run is charged its metered cost across both attempts, including the work done before it failed, and never more than the quote you approved for that run.
    • A run you cancel is charged for the pages completed before the cancel. A cancel with no completed pages costs nothing.
    • A run that finishes is charged its metered cost, and never more than the quote it started with.
    • If our own systems interrupt a run, it ends as failed, or, if it has completed pages, it is settled like a cancel for those pages. [verify]
    • A run you pause and do not resume within 7 days is treated as cancelled: you pay for the pages completed. You can resume a paused run only while its files are kept (§10). Credits held by a paused run count as reserved by a run in progress (§7.5). [verify: code gap CG-HOLDAGE: resuming reuses the open hold and restarts the 7-day clock, so a pause-and-resume loop keeps held credits from expiring; a hold-age cap counted from when the hold was created would end that]
    • Re-running pages at a higher quality tier is charged as stated in the app when you choose it. [verify: kept. The price rule is an owner decision (10-11, ESCAL) but no escalation code exists yet, so this line must not be published until it is built.]
  4. Price changes. We give at least 30 days' notice by email before a price change takes effect. A run already quoted keeps its quoted price. If a price rise takes effect, you may, within 30 days after it takes effect, ask us to refund the purchased credits you bought before we announced it that are still unexpired and unspent when you ask, and we will refund them, valued as §7.1 says. [owner: or keep the old per-page prices for credits bought before the notice]
  5. Expiry.
    • Purchased credits expire 12 months after the date of the purchase (calendar months, UTC). This includes any bonus credits that came with the pack.
    • Credits are spent oldest first.
    • Credits reserved by a run in progress do not expire during that run.
    • Expiry is applied once a day, so expired credits may still show for up to a day after their date.
    • If we suspend your account for a reason other than your material breach or a payment dispute, we restore, on request made within 60 days after the suspension ends, the purchased credits that expired during the suspension. Restored credits stay purchased credits of their original purchase, and they expire as long after the restore as the suspension lasted. [verify: code gap CG-EXPIRYPAUSE — an operator restore of expired purchased lots, with its own expiry date]
    • Granted credits (credits we add to your account without a purchase) pay for the same AI work as purchased credits. Granted credits do not expire while the beta runs. When the beta ends, Beta Program Terms §7 says what happens to them, and we will tell you at least 30 days before any change takes effect. [owner: confirm 30 days]
  6. Refunds. We do not refund purchases, including unused and expired credits, except as §7.4, §9A and §15 provide or where the law requires a refund. We do not refund where the law forbids it (§9A). If we do refund a payment, we remove the matching credits from your balance, in proportion to the amount refunded. If those credits are already spent, the money still goes back, but we pause runs on the account, and you cannot schedule a deletion, until the credits are made up from a later purchase or we write them off. We do not show a negative balance; any amount still owed is recorded separately. [lawyer: state rules on unredeemed balances and expiry; see the questions below]
  7. Payment disputes. If you dispute a payment with your bank, we freeze the account and suspend it while the dispute is open. If the dispute is decided for us, the freeze lifts. If it is decided against us, we remove the credits from that purchase, or their unspent remainder, and the account stays suspended until we review it. If a payment is reversed, refunded at your bank's request or charged back after you have used the credits it bought, you still owe us for the Service you used. We may recover that amount from any other credits in your account, including granted credits, and we may keep the account suspended until it is paid. Credits we recover are valued as §7.1 says. Today, when we remove credits for a refund or a lost dispute and the purchase's own credits are gone, we take other credits in your account, granted credits included, and each one taken reduces what you owe by the value of one credit of the refunded purchase (§7.1). [owner: code gap CG-CLAWVALUE — so that granted credits we remove do not reduce what you owe in money] We may also recover it by invoice or through collection. [lawyer: whether this is enforceable alongside the card networks' dispute rules]
  8. Spending limits. For the first 7 days after an account is created, purchases are limited to US$100 (10,000 credits, not counting bonus credits), and runs may spend at most 10,000 credits. Limits on pages per run and per day also apply. Write to us to raise a limit. At every account age, purchases are also limited to US$50 in any rolling 24 hours by default. You may raise this to US$200 by ticking the box on the Billing tab; unticking returns to US$50 immediately. Email support to request an operator-approved custom limit, up to US$100,000. A custom limit overrides the checkbox until an operator clears it. Lowering a limit does not cancel a purchase already in progress. [owner: CG-DAYCAP/O1 built locally on prep/int; not yet deployed] [lawyer: whether credits are prepaid access (31 CFR 1010.100(ff)) or stored value (Fla. Stat. §560.103)]
  9. Deletion. Unused credits, purchased or granted, are forfeited when your account is deleted and are not refunded (§9), except as §7.4, §9A and §15 say. [owner: forfeit only after an email that names the unused purchased balance, or refund it]
  10. Promotions. We do not offer a free trial. Any promotional credits we offer will come with their own stated terms. [verify: TRIAL_ENABLED unset in production]

8. Acceptable use

Our Acceptable Use Policy is part of these terms, and you must follow it. In short, you will not upload material that is unlawful or that you have no right to submit; get around security, encryption, limits or account restrictions; probe, scan, overload, reverse engineer or scrape the Service; try to reach another customer's data or misuse the AI; use the Service to build a competing dataset or model; share an account or resell access; or break the usage terms of our AI providers. The policy also sets out how to report a security problem in good faith, the fair-use limits, and what we may do if it is broken.

9. Suspension, deletion and inactive accounts

  • Suspension. We may suspend an account for:
    • a breach of these terms;
    • a payment dispute or non-payment;
    • a security risk to you, other customers or us.
    We usually show the reason in the app. We may suspend without notice where there is a security risk or the law requires it. A suspended account can still view its account and billing pages. If we suspend your account for your breach and have not lifted the suspension within 30 days, you may ask us in writing to end this agreement. We then end it as for your breach, and §9A says what we refund.
  • Deleting a suspended account. We may delete an account that we have suspended for a serious or repeated breach of these terms, after 30 days' notice. §9A says what we refund when we do. [verify: CG-OPDEL built 10-13 on prep/int, not yet deployed: an admin schedules it with at least 30 days' notice, mailed with the reason] §9A says when you can export first.
  • Deleting your account. You can request deletion in Settings while your account is active.
    • Deletion happens after a 30-day grace period. Signing in during that period, or pressing Cancel, cancels the request.
    • You cannot schedule a deletion yourself while a run is in progress or paused with credits still held, while a payment dispute is open, while a refunded amount is still owed (§7.6), or while your account is suspended. In those cases, write to us. We delete the account once the run ends, the amount is settled or written off, or the dispute, breach or other reason for the suspension is resolved. If only a run is in the way, we delete it no later than 90 days after your request. [verify: CG-OPDEL built 10-13 on prep/int, not yet deployed. The sweep still waits while credits are held, so the 90-day bound needs the run to end first]
    • When the 30-day (720-hour) grace period ends, we delete your account records, your sign-in and the key that protects your job files. Stored files are purged within 30 days after that. The account records include your balance ledger, purchase records, audit trail and mail. Your encrypted projects are deleted too. We never held the vault key that encrypts them.
    • We may keep the records we need for an open payment dispute, an amount you owe, or a legal claim, use them only for that purpose, and delete them once it is settled. [lawyer: legal-hold wording, e.g. "to establish, exercise or defend legal claims"] [owner: code gap CG-RECORDS — today the purge keeps nothing]
    • Our encrypted database backups are not rewritten. Until they age out, normally up to 12 months after the deletion, they still hold a copy of your account, audit and billing records. Our hosting provider also keeps 7 daily images of the server disk, and we keep 4 weekly snapshots, so a copy can last about 4 weeks. These images are protected by the provider's access controls, not by our offline backup key. Stripe keeps its own records of your payments. [owner: the code deletes billing and audit records at purge. To keep them for tax or dispute purposes instead, the purge must change first.] [lawyer: which records must we keep after deletion?]
    • Unused credits are forfeited on deletion, except as §7.4, §9A and §15 say.
  • Inactive accounts. If an account has had no sign-in for 12 months and has no credits left, we may warn you by email. If nothing changes, we may delete it at 15 months, as described above. [owner: no job does this today, and no operator can start a deletion either; build an inactivity sweep, or keep this as a right we do not yet use]

9A. Ending the agreement

  • Either of us may end this agreement on 30 days' notice. Until the end date you can sign in, use your credits and export your work. If your account is suspended, you cannot use credits during that time, but before we delete the account we let you sign in and export your projects for at least 14 days, unless the suspension is for fraud, payment fraud or an attack on the Service. [verify: code gap CG-SUSPEXPORT — a suspended account cannot open or export projects today] After the end date, we delete your account as §9 describes, within 90 days, without waiting for a request. If something listed in §9 stops you scheduling a deletion yourself, we delete it once §9 says we can. [verify: CG-OPDEL built 10-13 on prep/int, not yet deployed]
  • We may end this agreement at once, by notice, for your material breach of these terms that you have not cured within 10 days of our notice. No cure period applies to fraud, a security risk, a breach of law, or the sanctions case in §1. §9 governs deleting the account, and the export period in the first bullet applies.
  • You can also end it by deleting your account (§9), where §9 lets you schedule it.
  • If we end it for any reason other than your breach, or we stop offering the Service, we refund your unexpired, unspent purchased credits, valued as §7.1 says. [owner: or give you 60 days to use them] [lawyer: notice period, and whether a refund or a use period is the better remedy]
  • If we end this agreement for your breach, we refund your unexpired, unspent purchased credits, less any amount you owe us and our reasonable costs caused by the breach, unless the breach was fraud, payment fraud or an attack on the Service (trying to break into it, take it down, or reach another customer's data). We tell you how we worked out any costs we deduct. [owner: or keep forfeiture, limited to those listed breaches] [lawyer: penalty risk in FL]
  • We do not refund where the law forbids it. Where sanctions law requires us to block an amount, we hold it as that law requires and pay it only when the law allows.
  • Granted credits are never refunded.

10. Retention

  • Uploaded documents, rendered page images and extraction checkpoints are kept 7 days after the run ends (finished, failed or cancelled), by default; you can set 0 to 30 days in Settings. Files of a paused run are kept for the same period from when it paused, and for at least 1 day.
  • For your projects we keep the last 20 versions and one per day for the last 30 days, and prune the rest.
  • Encrypted database backups are kept as 30 daily and 12 monthly copies, so a record can normally remain in a backup for up to 12 months. Our hosting provider also keeps 7 daily images of the server disk, and we keep 4 weekly snapshots, so a copy can last about 4 weeks. These images are protected by the provider's access controls, not by our offline backup key. [owner: code gap CG-SNAP — the 4 weekly snapshots are pruned by hand, and monthly dumps are pruned by count, not age]
  • The full retention table is in the Privacy Policy and on our security page (splitspoon.ai/security.html). For personal data in your content, the DPA applies.

11. Beta and changes to the Service

The Service is in an invite-only beta. While it is, our Beta Program Terms also apply to you. They cover invitations, granted credits, feedback and what happens when the beta ends. We may add, change or remove features, and we do not promise any particular uptime. We will try to give notice of changes that materially reduce what you can do.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. THIS INCLUDES MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE ACCURACY OF AI OUTPUT.

13. Limitation of liability

TO THE EXTENT THE LAW ALLOWS:

  • WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA.
  • OUR TOTAL LIABILITY FOR ALL CLAIMS IS LIMITED TO THE GREATER OF (A) WHAT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE FIRST CLAIM AND (B) US$100.
  • THESE LIMITS APPLY TO EVERY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF WE WERE TOLD THE DAMAGE WAS POSSIBLE.
  • NOTHING IN §12 OR THIS §13 EXCLUDES OR LIMITS OUR LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FOR FRAUD, WHERE THE LAW DOES NOT ALLOW IT TO BE EXCLUDED OR LIMITED. THIS DOES NOT AFFECT §14. [lawyer: whether §14 must yield to UCTA for UK customers; ties to CG-COUNTRY]

[lawyer: cap, carve-outs, enforceability; FL/TX express-negligence and conspicuousness]

14. Indemnity

YOU WILL DEFEND AND INDEMNIFY SPLITSPOON AGAINST THIRD-PARTY CLAIMS ARISING FROM YOUR CONTENT, FROM RELIANCE BY YOU OR ANYONE ELSE ON OUTPUT YOU USED (INCLUDING ANY REPORT, DESIGN OR DECISION THAT USES IT), OR FROM YOUR BREACH OF THESE TERMS. THIS INCLUDES CLAIMS THAT THE OUTPUT WAS WRONG, AND CLAIMS THAT OUR OWN NEGLIGENCE, ALONE OR TOGETHER WITH ANYONE ELSE'S, CAUSED OR CONTRIBUTED TO THE ERROR, WHETHER THAT NEGLIGENCE IS ONLY ALLEGED OR IS PROVEN. This does not cover a claim to the extent it is caused by our breach of these terms or the DPA (other than an error in AI output), by our gross negligence, wilful misconduct or fraud, or by a claim that the Service itself, rather than your use of its output, infringes a third party's intellectual property. We will tell you promptly about a claim; a delay excuses you only to the extent it harms your defence. You will control its defence with counsel we reasonably approve, and we may take part with our own counsel at our cost. If a claim also alleges something this section does not cover, you defend the whole claim until a final judgment or settlement decides it, and we then repay the reasonable defence costs fairly attributable to the part that is not covered. If you do not take up the defence within 15 days of our notice, we may control it ourselves, and you pay our reasonable costs to the extent the claim is covered. You may not settle a claim without our written consent unless the settlement fully releases us and admits no fault for us. We will not settle a claim at your cost without your consent. [lawyer: FL/TX express-negligence and conspicuousness]

15. Changes to these terms

We may update these terms. This section applies to every document listed in §17, and they share one version number. We will tell you by email, and in the app, before the new version takes effect. The new terms apply once you accept them. A change is material if it reduces your rights or adds to your duties; our notice will say whether we consider a change material. We give at least 14 days' notice before a new version takes effect. If you do not accept a material change, you may close your account within 30 days after the new version takes effect, and we refund the unexpired, unspent purchased credits you bought before the notice, valued as §7.1 says. We make the refund during the deletion grace period, before your records are deleted. We remove the refunded credits when we pay the refund. If you then cancel the deletion, the refund stands, the credits stay removed, and you must accept the current version to use the Service. Expiry dates do not change while an update waits for your acceptance; you can accept at any time. [owner: confirm Stripe can refund a charge up to 12 months old; if not, name another refund channel] [lawyer: whether an exit only for material changes is enough to bind users to unilateral updates] Until you accept the current version, you can still sign in and view your account, but the Service will not let you make changes, except accepting the new terms, signing out everywhere, and requesting or cancelling deletion. Exports and other read-only views keep working.

16. Governing law and disputes

These terms and the other documents listed in §17 (together, "this agreement") are governed by the laws of [State], without regard to its conflict-of-law rules, except where DPA §12 requires the Standard Contractual Clauses' own law. The state and federal courts in [County], [State] have exclusive jurisdiction over any dispute arising from or relating to this agreement or the Service, and each party submits to them, except that either party may seek an injunction in any competent court to protect its intellectual property or the security of the Service, and except where DPA §12 says otherwise. [lawyer: a mandatory forum keeps the jury waiver; CA and GA refuse pre-dispute waivers; Fla. Stat. §685.101-.102 below US$250,000] [lawyer: arbitration or class-action waiver?]

EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE.

17. General

  • The documents. Our agreement with you is made up of:
    • this document;
    • the Acceptable Use Policy (splitspoon.ai/acceptable-use.html), which is part of these terms;
    • the Refund & Credits Policy (splitspoon.ai/refund.html), which is part of these terms;
    • the Data Processing Addendum (splitspoon.ai/dpa.html), which applies when your content includes personal data;
    • the Beta Program Terms (splitspoon.ai/beta.html), which apply during the invite-only beta;
    • any quote you approve in the app, which controls only the price of that run.
    Together these are the whole agreement between you and us.
  • Which document wins. If they conflict:
    1. the DPA wins on the processing of personal data;
    2. then the Beta Program Terms win on beta matters;
    3. then these terms, which include the Acceptable Use Policy and the Refund & Credits Policy. If this document and one of those two policies conflict, this document wins, except as §7 says for the policy's added detail.
  • Documents that describe our practices (splitspoon.ai/privacy.html and splitspoon.ai/security.html). The Privacy Policy and the security page describe how we work. They are not part of this agreement. The security measures we are bound to are in DPA Annex B. [lawyer: this order of precedence, and whether the security page's "What we don't do" items should bind, through Annex B]
  • Survival. Ending this agreement, however it ends, does not affect any right or claim either of us had before it ended. These also survive the end of this agreement and the deletion of your account: sections 3, 5, 6, 7.6, 7.7, 9 (what we delete, what we keep and why), 10, 12, 13, 14, 16 and 17; the refunds owed under §7.4, §9A and §15; §9A on deleting your account after the end date; Acceptable Use Policy §5 on competing models; and any amount you owe us. After the end, the licence in §6 covers only keeping backups, keeping reports you sent us, keeping the records §9 allows, and complying with law. The Beta Program Terms §3 feedback licence also survives, and so does the DPA, for as long as we hold customer personal data.
  • You may not assign these terms without our consent. We may assign them in a merger or sale of our business; we will email you first.
  • If a clause is unenforceable, the rest still applies.
  • Notices to us go to hello@splitspoon.ai; security reports go to security@splitspoon.ai.
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