Terms of Service

Welcome to Cultural Analysis. These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or entity, referred to as "you," "your," or "Customer") and Cultural Analysis, Inc. ("Cultural Analysis," "we," "us," or "our") governing your access to and use of our Communication Intelligence Platform and related services (collectively, the "Services").

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.

Cultural Analysis provides an AI-powered Communication Intelligence Platform that helps organizations:

• Analyze communication patterns and trends across workplace tools
• Identify potential risks and compliance issues
• Measure organizational health and team dynamics
• Generate actionable insights for improving collaboration
• Track decision velocity and knowledge flow

Our Services integrate with various third-party communication platforms (such as Slack, Microsoft Teams, email systems) to collect and analyze communication metadata and patterns. The specific features available to you depend on your subscription plan.

Beta Features: We may offer beta or early access features that are still in development. Beta features are provided "as is" and may be modified or discontinued at any time without notice.

3.1 Account Creation

To access our Services, you must create an account by providing accurate, current, and complete information. You agree to update your information to keep it accurate and complete.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring that your account is used only by authorized personnel

3.3 Account Types

We offer individual and enterprise accounts. Enterprise accounts may have additional features, administrative controls, and custom terms as specified in a separate Enterprise Agreement.

4.1 Subscription Plans

We offer various subscription plans including free, professional, and enterprise tiers. Each plan has different features, usage limits, and pricing as described on our website or in your order form.

4.2 Free Trial

We may offer a free trial period for certain subscription plans. At the end of the trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

4.3 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated in these Terms
• You authorize us to charge your payment method for all applicable fees
• Prices may change with 30 days' notice; changes apply at your next renewal

4.4 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, except for taxes based on our net income.

4.5 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds will be provided for partial billing periods.

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Services in violation of any applicable laws or regulations
• Use the Services to monitor employees without proper notice and consent as required by law
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use the Services to develop a competing product or service
• Resell, sublicense, or provide access to the Services to third parties
• Upload malicious code, viruses, or harmful content
• Use the Services to harass, discriminate, or harm individuals
• Circumvent usage limits or access controls

6.1 Our Intellectual Property

The Services, including all software, algorithms, designs, text, graphics, logos, and other content, are owned by Cultural Analysis or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Services during your subscription term.

6.2 Restrictions

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of our software, unless laws prohibit those restrictions or you have our written permission.

6.3 Feedback

If you provide us with feedback, suggestions, or ideas about our Services, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate that feedback into our Services without any obligation to you.

7.1 Your Data

You retain all ownership rights in the data you provide to us or that we collect on your behalf through integrations ("Customer Data"). We do not claim ownership of your Customer Data.

7.2 License to Us

You grant us a limited license to access, process, and use your Customer Data solely to:

• Provide the Services to you
• Improve and develop our Services
• Generate aggregated, anonymized insights (which cannot be linked back to you)
• Comply with legal obligations

7.3 Aggregated Data

We may create aggregated, anonymized data derived from your use of the Services. Such aggregated data will not identify you or any individual and may be used by us for any lawful purpose.

7.4 Data Processing

Our processing of personal data is governed by our Privacy Policy and, for enterprise customers, our Data Processing Agreement.

8.1 Definition

"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.

8.2 Obligations

Each party agrees to:

• Protect the other party's Confidential Information using at least the same degree of care used to protect its own confidential information
• Use Confidential Information only for purposes of these Terms
• Not disclose Confidential Information to third parties except as necessary to perform under these Terms

8.3 Exceptions

Confidential Information does not include information that: (a) becomes publicly available through no fault of the receiving party; (b) was rightfully known prior to disclosure; (c) is independently developed; or (d) is rightfully obtained from a third party.

9.1 Our Warranties

We warrant that:

• The Services will perform substantially in accordance with our documentation
• We will use commercially reasonable efforts to maintain Service availability
• We have implemented appropriate security measures to protect your data

9.2 Disclaimer

We do not warrant that the Services will be uninterrupted, error-free, or completely secure. We do not warrant the accuracy, reliability, or completeness of any insights generated by the Services.

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THESE TERMS.

10.2 Cap on Liability

EXCEPT FOR BREACHES OF CONFIDENTIALITY, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, EACH PARTY'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10.3 Basis of the Bargain

The limitations of liability in this section reflect the allocation of risk between the parties and are an essential element of the basis of the bargain between us.

11.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Cultural Analysis and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including privacy rights
• Your Customer Data

11.2 Our Indemnification

We will indemnify and defend you from third-party claims alleging that the Services infringe any intellectual property rights, provided you promptly notify us of such claims and cooperate in the defense.

12.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us.

12.2 Termination by Us

We may suspend or terminate your access to the Services immediately if:

• You breach these Terms
• You fail to pay applicable fees
• We are required to do so by law
• We discontinue the Services (with 90 days' notice)

12.3 Effect of Termination

Upon termination:

• Your right to access the Services immediately ceases
• We will delete your Customer Data within 30 days, unless retention is required by law
• Provisions that by their nature should survive will survive termination

12.4 Data Export

You may request an export of your Customer Data prior to termination. We will provide your data in a standard format within a reasonable timeframe.

13.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms will be resolved as follows:

• Informal Resolution: We will first attempt to resolve disputes informally by contacting each other
• Arbitration: If informal resolution fails, disputes will be resolved by binding arbitration under the rules of the American Arbitration Association
• Exceptions: Either party may seek injunctive relief in court for intellectual property violations

13.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

We may modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top
• For material changes, we will provide at least 30 days' notice via email or in-app notification
• Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms

If you do not agree to the revised Terms, you must stop using the Services and cancel your account before the changes take effect.

If you have any questions about these Terms, please contact us:

• Email: legal@culturalanalysis.com
• General Inquiries: hello@culturalanalysis.com

Additional Provisions:

• Entire Agreement: These Terms constitute the entire agreement between you and Cultural Analysis regarding the Services
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect
• Waiver: Our failure to enforce any right or provision does not constitute a waiver
• Assignment: You may not assign these Terms without our consent; we may assign our rights freely