Terms of Service

Last Updated: December 14, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a binding agreement between you ("Customer", "you", or "your") and FountainData Inc. ("FountainData", "we", "us", or "our"). By registering for, accessing, or using the FountainData Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity.

2. Description of Service

FountainData provides a product intelligence platform that aggregates customer feedback from various sources, uses artificial intelligence to analyze this data, and provides insights and workflow integrations (the "Service"). The Service is provided on a subscription basis (SaaS).

3. Account Registration

To access the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete account information.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Notify us immediately if you discover any security breaches or unauthorized use of your account.

4. User Content & Data Ownership

4.1 Your Data

You retain all rights, title, and interest in and to the data, text, files, and other content you upload, connect, or transmit to the Service ("Customer Data"). You are solely responsible for the accuracy, quality, integrity, and legality of Customer Data.

4.2 License to FountainData

You grant FountainData a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display Customer Data solely for the purpose of providing, maintaining, and improving the Service. This includes the right to process data via third-party AI providers (e.g., OpenAI) strictly for generating your specific insights.

4.3 Aggregated Data

We may collect and use aggregated, anonymized data derived from the Service for our business purposes, including benchmarking and creating statistical reports. This aggregated data will not identify you or any individual.

5. Acceptable Use Policy

You agree not to use the Service to:

• Upload or transmit any content that is unlawful, harmful, threatening, abusive, or otherwise objectionable.
• Reverse engineer, decompile, or disassemble any aspect of the Service.
• Attempt to bypass or break any security mechanism on the Service.
• Use the Service to train a competing machine learning model or product.
• Exceed reasonable request volume limits (rate limits) or interfere with the operation of the Service.

6. Subscription & Payment

• Fees: You agree to pay all fees in accordance with your selected subscription plan. Fees are non-refundable except as required by law.
• Automatic Renewal: Subscriptions renew automatically at the end of each billing cycle unless cancelled.
• Taxes: You are responsible for all applicable taxes associated with your use of the Service.

7. Confidentiality

"Confidential Information" means all non-public information disclosed by a party that is designated as confidential or reasonably should be understood to be confidential. Each party agrees to protect the other's Confidential Information with the same degree of care it uses to protect its own, but not less than reasonable care.

8. Limitation of Liability

To the maximum extent permitted by law, in no event shall FountainData be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses. Our total liability for any claim arising out of or relating to these Terms shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Term & Termination

These Terms remain in effect while you use the Service. You may terminate your account at any time. We may suspend or terminate your access to the Service for any breach of these Terms. Upon termination, your right to use the Service will immediately cease.

11. General Provisions

• Governing Law: These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles.
• Changes: We may modify these Terms at any time. If we make material changes, we will provide notice through the Service or by email.
• Entire Agreement: These Terms constitute the entire agreement between you and FountainData regarding the Service.

12. Contact Information