Terms of Service

1. Agreement and definitions

These Terms of Service (“Terms”) are a contract between Acquainto Inc., a Delaware corporation with offices at 18117 Biscayne Blvd, Suite 61395, Miami, FL 33160 (“Acquainto”, “we”), and the organization that creates an account (“Customer”, “you”). By creating an account or using the Service you agree to these Terms. If you accept on behalf of an organization, you confirm you have authority to bind it. If you have signed a separate agreement with us, that agreement controls where it conflicts with these Terms.

• Service: the Acquainto platform at app.acquainto.com, the API, the eFlow widget and hosted links, and related documentation.
• eFlow: a conversational survey or intake flow you create with the Service.
• Respondent: a person who answers an eFlow.
• Customer Content: eFlows, branding, settings, and other material you or your users create in the Service.
• Respondent Data: answers and session information collected from Respondents through your eFlows.
• Users: people you authorize to use the Service under your account.

2. The Service, accounts, and acceptable use

Access. Subject to these Terms, we grant you a non-exclusive, non-transferable right to use the Service during your subscription for your internal business purposes, including collecting information from Respondents through eFlows you publish.

Accounts. You are responsible for your Users, for keeping credentials confidential, and for everything done under your account. Account holders must be at least 18 years old. Tell us promptly at security@acquainto.com if you suspect unauthorized access.

Changes to the Service. We improve the Service continuously and may add, change, or retire features. We will give at least 30 days’ notice before retiring a feature that materially reduces the Service’s core functionality.

Acceptable use. You will not, and will not allow anyone to:

• Use the Service to collect information unlawfully, to deceive Respondents about who is asking or why, or to harass, discriminate, or harm
• Collect data from children under 13 without the consent the law requires, or protected health information without a signed Business Associate Agreement with us
• Send unsolicited messages, or invite Respondents who have not agreed to be contacted
• Upload malware, probe or interfere with the Service’s security, or access it other than through the interfaces we provide
• Exceed documented rate limits, share credentials, or resell the Service
• Reverse engineer the Service or use it to build a competing product
• Use output of the Service to make decisions with legal or similarly significant effects on a person without human review

Support. We provide support by email at support@acquainto.com and respond on business days, US Eastern time.

3. Your content and Respondent Data

Ownership. You own Customer Content and Respondent Data. We claim no rights in them beyond the license below.

License to us. You grant us a license to host, process, transmit, and display Customer Content and Respondent Data solely to provide the Service, to prevent or address service or security issues, and as otherwise required by law. We do not use your content to train models unless you opt in, as described in the Privacy Policy.

Your responsibilities. You are the controller of Respondent Data and decide what to ask and why. You will:

• Have a lawful basis to collect what your eFlows ask for, and provide Respondents with your own privacy notice
• Obtain any consent the law requires, including for sensitive information and for contacting Respondents
• Publish terms for Respondents where appropriate; Respondents are not parties to these Terms
• Comply with laws that apply to your use, including privacy, anti-spam, accessibility, and consumer-protection laws
• Not include in eFlows content that infringes others’ rights or that you have no right to use

Requests from Respondents. If a Respondent asks us to access or delete their data, we will refer them to you and help you respond; where you instruct us to delete or export data, we will do so promptly.

Support access. Our staff do not view your eFlow content or Respondent Data in the ordinary course of operating the Service. Staff access is restricted by role and administrative actions are recorded in an audit trail.

4. AI features

eFlows use large language models to decide what to ask next, interpret answers, and summarize results. Model output can be inaccurate, incomplete, or inconsistent, and the same input may produce different output. You are responsible for reviewing output before relying on it and for how you use it. AI features are provided as part of the Service and may change as underlying models change.

Conversation content is sent to a third-party model provider to be processed. We send an instruction with every request that the content not be retained or used to train models. We do not commit to a particular model provider, and which one serves a given request may change; the path is described at acquainto.com/subprocessors.

5. Plans, trials, and fees

Plans. Features, limits, and prices for each plan are described at acquainto.com/pricing. When an account reaches its plan’s monthly limit, collection stops until the limit resets or you move up a plan. There is no automatic overage charge.

Trials. A free trial lasts 14 days unless we say otherwise. Before it ends, choose a paid plan to keep using the Service. If you don’t, your account is disabled at the end of the trial: your eFlows become inactive and stop accepting new Respondents, and you can’t create or publish eFlows. Your Customer Content and Respondent Data are kept, so you can pick a plan and continue.

Payment. Paid plans are billed in advance, monthly or annually, through our billing providers. You authorize us to charge your payment method for recurring fees, applicable taxes, and any usage charges. Fees are in US dollars and exclude taxes, which you are responsible for except taxes on our income.

Renewal and cancellation. Subscriptions renew automatically for the same period unless you cancel before the renewal date in your account settings. Cancellation takes effect at the end of the current billing period, after which the account is disabled as described under Trials.

Refunds.

• First year of an annual plan: full refund if you cancel within 14 days of the initial purchase.
• Annual renewals: full refund of the renewal if you cancel within 30 days of the renewal date and have not used the Service since it renewed. “Used” means an eFlow received a new Respondent session, or you created, edited, or published an eFlow.
• Monthly plans and everything else: fees already paid are not refunded for partial periods, except where the law requires.

Refunds go to the original payment method, and the account is disabled when the refund is issued.

Late payment. If a payment fails, we will notify you and retry. If it remains unpaid after 14 days, we may disable the account, as described under Trials, until it is paid.

Price changes. We may change prices with at least 30 days’ notice by email. Changes apply from your next renewal after the notice period.

6. Term, suspension, and termination

Term. These Terms apply from the day you create an account until the account is deleted.

Termination by you. You can delete your account at any time in account settings.

Suspension and termination by us. We may suspend or terminate your account if you materially breach these Terms and do not cure the breach within 10 days of notice, if your use threatens the security or integrity of the Service or other customers, if payment remains overdue as described in section 5, or if required by law. We will give notice and, where practical, a chance to cure before termination.

Effect of termination. Your right to use the Service ends. You can export your Customer Content and Respondent Data before deleting your account, and for 7 days after termination on request. We delete account data within 7 days of deletion, as described in the Privacy Policy; copies held in encrypted backups expire on their own schedule. Sections 3 (ownership), 7, 8, 9, and 10 survive termination.

7. Privacy, security, and confidentiality

Privacy. Our Privacy Policy explains how we handle personal information and forms part of these Terms. For Respondent Data we act as your processor, on your instructions. We do not publish a standard data processing agreement; if your legal review requires one, write to privacy@acquainto.com and we will handle the request individually.

Security. We maintain administrative and technical safeguards designed to protect your data, including encryption in transit and at rest, access controls, and logging, as described in the Privacy Policy and at acquainto.com/trust. We will notify you without undue delay of a security incident affecting your data.

Confidentiality. Each party will keep the other’s non-public information confidential, use it only to perform under these Terms, and protect it with reasonable care. This does not apply to information that is public, already known, independently developed, or that must be disclosed by law (with notice to the other party where allowed). Customer Content and Respondent Data are your confidential information.

8. Intellectual property, feedback, and third-party services

Our property. The Service, including its software, models we build, templates we provide, documentation, and trademarks, belongs to Acquainto and its licensors. These Terms grant no rights in them except the right to use the Service. Templates from our library that you copy into your account may be used within the Service as part of your eFlows.

Feedback. If you send us suggestions, we may use them without obligation to you.

Third-party services. The Service can connect to services you choose, such as Google Sheets and webhook destinations. Your use of those services is governed by their terms, and we are not responsible for them. We use subprocessors to operate the Service, listed at acquainto.com/subprocessors; we remain responsible to you for their handling of your data.

9. Warranties, disclaimers, liability, and indemnity

Our warranty. We warrant that the Service will perform materially as described in our documentation. If it does not, your remedy is for us to correct the problem or, if we cannot within a reasonable time, to refund fees paid for the affected period on termination.

Disclaimer. EXCEPT AS STATED ABOVE, THE SERVICE IS PROVIDED “AS IS”. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE.

Limitation of liability. TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY. EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS IS LIMITED TO THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. That limit applies to every claim under these Terms, including a breach of confidentiality and a security incident affecting data. The only exceptions are a party’s indemnity obligations, your payment obligations, and liability that cannot be limited by law.

Your indemnity. You will defend and indemnify us against third-party claims arising from Customer Content, Respondent Data, your eFlows, or your use of the Service in breach of these Terms or the law.

Our indemnity. We will defend and indemnify you against third-party claims that the Service, as provided by us, infringes their intellectual property rights. If such a claim arises we may modify the Service, obtain a license, or terminate the affected part and refund prepaid fees for it. This does not cover claims arising from Customer Content, your combination of the Service with other things, or use in breach of these Terms.

Procedure. The indemnified party must notify the other promptly, give it control of the defense, and cooperate; the indemnifying party will not settle in a way that admits fault on the other’s behalf without consent.

10. Governing law, disputes, and general terms

Governing law and venue. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Disputes will be brought in the state or federal courts in Miami-Dade County, Florida, and each party consents to their jurisdiction.

Changes to these Terms. We may update these Terms. For material changes we will email account owners at least 30 days before they take effect; continued use after that date is acceptance. If you do not agree, delete your account before the changes take effect.

Notices. Notices to you go to your account owner’s email. Notices to us go to legal@acquainto.com or the address in section 1.

Assignment. You may not assign these Terms without our consent, except to a successor in a merger or sale of substantially all your assets, with notice. We may assign them in connection with a merger, acquisition, or sale of assets.

Export and sanctions. You will comply with US export and sanctions laws and will not use the Service from, or for the benefit of, a sanctioned country or person.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except payment obligations.

Publicity. We may identify you as a customer by name and logo unless you opt out by emailing us.

Entire agreement. These Terms, the Privacy Policy, and any order form are the entire agreement. If any provision is unenforceable, the rest remains in effect. No waiver is effective unless in writing. The parties are independent contractors.