Terms of Service

By accessing or using the Unmatched platform, website, or any associated services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you (whether individually or on behalf of an entity) and Unmatched (“Company,” “we,” “us,” or “our”).

Unmatched is a people intelligence platform that provides tools for employee engagement surveys, performance management, 360-degree reviews, well-being tracking, exit surveys, and AI-powered analytics. The Service is provided on an “as is” and “as available” basis.

You expressly acknowledge and agree that your use of the Service is at your sole risk. The Company does not warrant that the Service will be uninterrupted, timely, secure, or error-free. Any reliance on the Service, including AI-generated insights, predictions, analytics, recommendations, and automated actions, is at your own risk.

AI-generated content and insights provided by the platform are for informational purposes only and should not be considered a substitute for professional human judgment, legal advice, medical advice, or any other professional counsel. You are solely responsible for any decisions or actions taken based on information provided by the Service.

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to any part of the Service, other accounts, or computer systems
• Interfere with or disrupt the integrity or performance of the Service
• Upload or transmit viruses, malware, or other malicious code
• Use the Service to collect or store personal data about individuals without their consent or in violation of applicable privacy laws
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service in any way that could damage, disable, or impair the Service

You retain ownership of all data you submit to the Service (“Your Data”). You are solely responsible for the accuracy, quality, integrity, and legality of Your Data and the means by which you acquired it.

You grant us a limited, non-exclusive license to use, process, and store Your Data solely for the purpose of providing and improving the Service. We will not sell Your Data to third parties.

You are responsible for ensuring that you have obtained all necessary consents, permissions, and authorizations from your employees and other individuals whose data you submit to the Service.

The Service includes AI-powered features that analyze data and generate insights, predictions, recommendations, and automated actions. You acknowledge that:

• AI-generated outputs may not always be accurate, complete, or appropriate
• You are responsible for reviewing and validating AI-generated content before acting on it
• Automated actions initiated by AI agents require your authorization and configuration
• The Company is not liable for any consequences arising from reliance on AI-generated outputs
• AI models may be updated periodically, which may change the nature or quality of outputs

Paid plans are billed in advance on a monthly basis. All fees are non-refundable except as required by law. We reserve the right to change pricing with 30 days' written notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

If payment fails, we may suspend access to the Service until payment is received. You are responsible for all taxes associated with your use of the Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of, or inability to access or use, the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or data
• Any decisions or actions taken based on AI-generated insights, predictions, or recommendations
• Any interruption, suspension, or termination of the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, 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.

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING AI-GENERATED CONTENT.

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party, including employees whose data you submit
• Your failure to obtain required consents for data processing

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. You may request export of Your Data within 30 days of termination.

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in New York County, New York.

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

If you have any questions about these Terms, please contact us at hello@unmatched.io.