Terms of Use

Last Updated: August 17, 2024

Thank you for using Flextract!

These Terms of Use apply to your use of Flextract’s services for individuals, along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you and EntryDock, Inc., a Delaware company, doing business as Flextract, and they include important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms. 

Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.

Who we are

Flextract provides software tools to identify, classify, and extract information from Financial Documents. 

Registration and Access

Minimum Age. You must be at least 18 years old to use the Services. 

Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

Using Our Services

What You Can Do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Usage Policy, and any other documentation, guidelines, or policies we make available to you. 

What You Cannot Do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:

  • Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
  • Modify, copy, lease, sell or distribute any of our Services.
  • Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
  • Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
  • Use Output to develop models that compete with Flextract.

Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licenses that we’ve made available to you.

Corporate Domains. If you create an account using an email address owned by an organization (for example, your employer), that account may be added to the organization's business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organization has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organization’s administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account. 

Third Party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them. 

Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.

Content

Your Content. You may provide input, including Financial Documents and Data, to the Services (“Input”), and receive output from the Services based on the 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 our Services.

Ownership of Content. As between you and Flextract, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. 

Similarity of Content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output. 

Our Use of Content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. 

Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate and reliable. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that may be inaccurate or unreliable. 

When you use our Services you understand and agree:

  • Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
  • You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
  • 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 making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them without first ascertaining the accuracy of the information through other means. 
  • Flextract is not a consumer reporting agency as defined by the Fair Credit Reporting Act.

Usage Policies

When using any Flextract service, these rules apply:

  1. Comply with applicable laws—for example, don’t compromise the privacy of others, engage in regulated activity without complying with applicable regulations, or promote or engage in any illegal activity, including the exploitation or harm of children and the development or distribution of illegal substances, goods, or services.
  2. Don’t use our service to harm yourself or others—for example, don’t use our services to promote suicide or self-harm, develop or use weapons, injure others or destroy property, or engage in unauthorized activities that violate the security of any service or system. 
  3. Don’t repurpose or distribute output from our services to harm others—for example, don’t share output from our services to defraud, scam, spam, mislead, bully, harass, defame, discriminate based on protected attributes, sexualize children, or promote violence, hatred or the suffering of others.
  4. Don’t compromise the privacy of others, including: Collecting, processing, disclosing, inferring or generating personal data without complying with applicable legal requirements; Using biometric systems for identification or assessment, including facial recognition; Facilitating spyware, communications surveillance, or unauthorized monitoring of individuals
  5. Don’t perform or facilitate the following activities that may significantly impair the safety, wellbeing, or rights of others, including: Providing tailored legal, medical/health, or financial advice without review by a qualified professional and disclosure of the use of AI assistance and its potential limitations; Making high-stakes automated decisions in domains that affect an individual’s safety, rights or well-being (e.g., law enforcement, migration, management of critical infrastructure, safety components of products, essential services, credit, employment, housing, education, social scoring, or insurance); Facilitating real money gambling or payday lending; Engaging in political campaigning or lobbying, including generating campaign materials personalized to or targeted at specific demographics
  6. Respect our safeguards—don’t circumvent safeguards or safety mitigations in our services.

Our IP Rights

We and our affiliates own all rights, title, and interest in and to the Services.

Paid Accounts

Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received. 

Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights. 

Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

Termination and Suspension

Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

  • You breached these Terms or our Usage Policies.
  • We must do so to comply with the law.
  • Your use of our Services could cause risk or harm to Flextract, our users, or anyone else.

We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.

Discontinuation of Services

We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. 

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Limitation of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

FLEXTRACT’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

Indemnity

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

Dispute Resolution

YOU AND FLEXTRACT AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

MANDATORY ARBITRATION. You and Flextract agree to resolve any claims arising out of or relating to these Terms or our Services, and to finally settle all such disputes, by binding arbitration through the platform provided by New Era ADR (the “New Era Platform”) according to its rules and procedures for “Virtual Expedited Arbitrations” by a professional Neutral(s) with substantial experience in resolving commercial disputes (the “Neutral”). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The arbitral decision may be enforced in any court of competent jurisdiction. To the extent a claim cannot legally be arbitrated (as determined by an arbitrator in accordance with the paragraph below), the parties will bring the suit, action, or proceeding that cannot be arbitrated in the Chosen Courts and each party irrevocably submits to the exclusive jurisdiction of the Chosen Courts.

Any question or matter of arbitrability of a dispute shall be determined by the Neutral(s) assigned to, or chosen for, such dispute from the New Era ADR, Inc. panel of Neutrals. For clarity, this means any determination of (1) the enforceability of all or any provision of this Agreement including, but not limited to, any claim that all or any such provision is void or voidable, and (2) whether a dispute regarding the provisions of this Agreement shall be governed by arbitration, in each case, shall be determined solely by the Neutral(s) provided by New Era ADR Inc. and not in a court of law or other judicial forum. The parties agree and acknowledge that they are waiving their right to seek a determination of arbitrability in a court of law or other judicial forum.

A party shall initiate an arbitration through New Era ADR at https://app.neweraadr.com. The contact information for Provider shall be as set forth in the Notice Address and for Customer shall be as set forth in the Notice Address. For more information on initiating disputes, please go to New Era ADR’s Virtual Arbitration Help Center. For support when initiating a dispute, please contact support@neweraadr.com.

Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

General Terms

Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Changes to These Terms or Our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

  • Changes to the law or regulatory requirements.
  • Security or safety reasons.
  • Circumstances beyond our reasonable control.
  • Changes we make in the usual course of developing our Services.
  • To adapt to new technologies.

We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.

Delay in Enforcing These Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Trade Controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export. 

Entire Agreement. These Terms contain the entire agreement between you and Flextract regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and Flextract. 

Governing Law. New York law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of New York, New York.