Terms of Service
Effective Date: January 15, 2025
Welcome to Expertand. These Terms of Service ("Terms") govern your access to and use of the Expertand platform, including our website, applications, APIs, and related services (collectively, the "Service"). The Service is provided by More Better Ventures LLC, doing business as Expertand ("Expertand," "we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
These Terms incorporate by reference our Privacy Policy (and, where applicable, our Data Processing Addendum ("DPA")) as described in Section 17. If you do not agree, do not use the Service.
0. Definitions
"Account" means your registered user account.
"User Content" has the meaning in Section 3.
"Inputs" means the text, prompts, files, instructions, and other materials you submit to the Service (including User Content used as context).
"Outputs" means content generated by AI models via the Service based on Inputs.
"Third-Party Providers" means third parties whose services we integrate (including AI model providers, hosting, analytics, and payment processors).
"Order Form" means a mutually executed ordering document for enterprise services (if any).
If an Order Form conflicts with these Terms, the Order Form controls for that conflict.
1. Description of Service
Expertand is a platform that enables users to:
- Upload and manage content to create custom context for AI tools
- Build, configure, and deploy AI-powered tools and assistants
- Create prompts, rules, and workflows for AI interactions
- Share tools and contexts with team members and collaborators
- Designate experts and reviewers to review AI-generated content
- Save and organize content, outputs, and configurations
The Service integrates with third-party AI providers, including OpenAI, Anthropic, and Google (Gemini), to provide AI functionality.
We may update, change, or discontinue all or part of the Service (including features, models, and integrations) at any time. We will use commercially reasonable efforts to provide advance notice of material adverse changes where practicable.
2. Account Registration
To use certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activities that occur under your account
You must be at least 18 years old to use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.
You are responsible for all access credentials issued to your Account, including any API keys. You will promptly disable credentials you believe may be compromised.
2A. Suspension
We may suspend access to the Service (in whole or in part) immediately if we reasonably believe: (a) your Account is compromised; (b) your use poses a security risk to the Service or others; (c) you are in material breach of these Terms; or (d) suspension is required by law or a Third-Party Provider. We will use reasonable efforts to restore access promptly once the issue is resolved.
3. User Content
3.1 Your Content
"User Content" means any data, text, files, documents, images, or other materials you upload, submit, or create through the Service, including context materials, prompts, rules, and tool configurations.
You retain all ownership rights in your User Content. By uploading User Content, you grant Expertand a non-exclusive, worldwide, royalty-free license to use, copy, process, store, and display your User Content solely to:
- Provide, maintain, and improve the Service
- Enable the AI functionality you request
- Improve our prompts, service quality, and user experience
- Share with collaborators and reviewers you designate
We will use your User Content only as described in these Terms and our Privacy Policy.
Service Improvement. We may use (i) aggregated and de-identified usage data and telemetry to improve the Service, and (ii) User Content to improve the Service only to the extent permitted by your settings, your plan, or an applicable Order Form.
We do not use your User Content to train or fine-tune third-party foundation models on your behalf unless you explicitly enable such functionality (if offered) or agree in an Order Form.
If you share User Content with collaborators/reviewers, you understand they may view, copy, export, or retain that content outside the Service, subject to their own obligations.
3.1A Sensitive Data
You agree not to upload or process through the Service: (a) protected health information governed by HIPAA; (b) payment card data subject to PCI DSS; (c) Social Security numbers or government IDs; (d) children's personal information; or (e) other regulated or highly sensitive data, unless we have expressly agreed in writing (e.g., an Order Form and DPA) to support such processing.
3.2 Content Restrictions
You represent and warrant that:
- You own or have the necessary rights to your User Content
- Your User Content does not infringe any third-party rights
- Your User Content complies with all applicable laws
- Your User Content does not contain malicious code, viruses, or harmful material
You further represent and warrant that you have provided all required notices and obtained all required consents for any personal data included in User Content, including for sharing with Third-Party Providers as described in Section 6.
3.3 AI-Generated Outputs
"Outputs" means content generated by AI models through the Service based on your inputs and context. Subject to your compliance with these Terms, we assign to you all rights, title, and interest (if any) in Outputs generated for you. You are solely responsible for evaluating and using Outputs, including ensuring accuracy and compliance with applicable laws.
Outputs may be inaccurate, incomplete, or unsuitable, and may include content that is similar or identical to content generated for other users. We do not represent or warrant that Outputs are original, non-infringing, or fit for any particular purpose. You are responsible for obtaining any rights needed for your intended use of Outputs (including any necessary clearances).
3.4 Copyright; DMCA Policy (U.S.)
If you believe content on the Service infringes your copyright, you may submit a notice to our designated agent at:
DMCA Agent: Legal Department
Email: legal@expertand.com
Your notice must include information required under 17 U.S.C. § 512(c)(3). We may remove allegedly infringing content and may terminate repeat infringers in appropriate circumstances.
4. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party rights
- Generate, distribute, or facilitate illegal, harmful, or abusive content
- Attempt to circumvent safety measures of the Service or underlying AI models
- Reverse engineer, decompile, or attempt to extract source code from the Service
- Interfere with or disrupt the Service or its infrastructure
- Access the Service through automated means without authorization
- Impersonate any person or entity
- Use the Service for high-risk activities without appropriate safeguards
- Violate the usage policies of our third-party AI providers
Automation / APIs. Accessing the Service via our documented APIs or SDKs is permitted subject to your plan limits and documentation. Scraping, botting, or automated access to the web application outside our APIs is prohibited without our prior written consent.
High-Risk Uses. You must not use the Service for: (a) medical diagnosis or treatment decisions; (b) legal advice or legal filings; (c) employment, housing, insurance, or credit decisions; (d) emergency response; or (e) critical infrastructure or life-safety systems, unless you implement appropriate human oversight, testing, and safeguards and you alone remain responsible for outcomes.
5. Subscription and Payments
5.1 Plans and Pricing
The Service offers free, paid subscription, and enterprise tiers. Pricing, features, and usage limits for each tier are described on our website and may change from time to time. We will provide notice of material pricing changes.
Taxes. Fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, except for taxes based on our net income.
5.2 Billing
For paid subscriptions, you agree to pay all fees in accordance with the billing terms in effect at the time. Fees are non-refundable except as expressly provided in these Terms or required by law. We may charge integration or platform fees for certain features or enterprise deployments.
Auto-Renewal. Paid subscriptions automatically renew for successive periods equal to your then-current subscription term unless you cancel before renewal. By purchasing a subscription, you authorize us (and our payment processor) to charge your payment method on a recurring basis until you cancel.
Payment Failures. If payment is overdue, we may suspend or downgrade your access until payment is received. You remain responsible for all charges incurred through your Account.
Trials and Promotions. If you enroll in a free trial or promotional plan, additional terms may apply and will be disclosed at sign-up. At the end of a trial, your subscription may convert to a paid plan unless you cancel before the conversion date, where permitted by law.
5.3 Cancellation
You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will retain access to paid features until the end of that period.
No Proration. Unless required by law or expressly stated, we do not provide prorated refunds for partial subscription periods.
6. Third-Party AI Providers
The Service uses AI models from third-party providers including OpenAI, Anthropic, and Google. Your use of AI features is subject to the applicable usage policies of these providers. We are not responsible for the outputs, availability, or performance of third-party AI models.
When you use AI features, your inputs and context may be transmitted to these third-party providers to generate outputs. Please review Section 3 of our Privacy Policy for details on how data is processed.
Third-Party Providers may change their services, policies, or availability, which may impact the Service. We are not responsible for Third-Party Provider actions or omissions.
You acknowledge that Third-Party Providers may refuse or filter certain requests and that such refusals do not constitute a breach by Expertand.
7. Sharing and Collaboration
The Service allows you to share tools, contexts, and content with other users, including designated experts and reviewers. When you share content:
- You grant recipients the rights necessary to access and use the shared content
- You remain responsible for the content you share
- You should only share content you have the right to share
- Recipients may retain copies of shared content subject to these Terms
You are responsible for managing access permissions and reviewing what is shared. We are not responsible for actions taken by collaborators, reviewers, or other recipients of shared content.
8. Intellectual Property
The Service, including its software, design, features, and documentation, is owned by Expertand and protected by intellectual property laws. These Terms do not grant you any rights to use Expertand's trademarks, logos, or branding without prior written consent.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes.
Feedback. If you provide suggestions, ideas, or feedback, you grant Expertand a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without compensation or obligation to you.
8A. Beta Features
We may offer beta, preview, or experimental features. Beta features are provided "as is," may change or be discontinued at any time, and may have reduced reliability or support.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
AI-generated outputs may contain errors, inaccuracies, or inappropriate content. You are solely responsible for reviewing and validating all outputs before use. The Service is not intended to provide legal, medical, financial, or other professional advice.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPERTAND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Nothing in these Terms limits liability for fraud or other liability that cannot be limited under applicable law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Expertand and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.
We may, at our option, assume control of the defense of an indemnified claim (at your expense), and you agree to cooperate. You will not settle any claim that imposes liability or obligations on Expertand without our prior written consent.
12. Termination
We may suspend or terminate your access to the Service at any time for any reason, including violation of these Terms. You may terminate your account at any time through your account settings. Upon termination, your right to use the Service will immediately cease, and we may delete your User Content after a reasonable retention period.
For Cause. We may terminate immediately if you materially breach these Terms or if required by law or a Third-Party Provider.
For Convenience. We may terminate for convenience by providing reasonable notice where practicable.
Data Export Window. Where supported by the Service, you may export your User Content and configurations for up to thirty (30) days following termination, unless we are legally prohibited or termination was for cause due to unlawful conduct or security risk.
Deletion. After the export window, we may delete User Content from active systems within a reasonable time and may retain limited copies in backups for a limited period, consistent with our Privacy Policy and legal obligations.
13. Changes to Terms
We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website or through the Service. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.
Material Changes. For material changes, we will use reasonable efforts to provide advance notice (for example, via email or in-product notice).
No Retroactive Dispute Changes. Changes will not apply retroactively to disputes that arose before the change's effective date unless required by law.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
Arbitration Agreement and Class Action Waiver (IMPORTANT).
(a) Agreement to Arbitrate. Except as provided below, you and Expertand agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its applicable rules. The Federal Arbitration Act governs the interpretation and enforcement of this section.
(b) Small Claims. Either party may bring an individual action in small claims court if the claim qualifies and remains in that court.
(c) Injunctive Relief. Either party may seek injunctive or equitable relief in court to protect intellectual property rights or to prevent unauthorized access or misuse of the Service.
(d) No Class Actions. You and Expertand agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding.
(e) Arbitration Location/Format. If you are an individual consumer, arbitration may take place in the county of your residence, by videoconference, or in another mutually agreed location. For business users, arbitration will take place in Wilmington, Delaware unless the parties agree otherwise.
(f) Fees. AAA rules will govern payment of arbitration fees; however, if you are an individual consumer and demonstrate that fees would be prohibitive, we will consider paying or reimbursing reasonable fees as required by law.
(g) Opt-Out. You may opt out of arbitration by sending written notice to legal@expertand.com within thirty (30) days of first accepting these Terms, stating your name, account email, and intent to opt out. If you opt out, you agree to resolve disputes in the courts specified in subsection (h).
(h) Forum if Opt-Out / Not Enforceable. If you opt out or if this arbitration agreement is found unenforceable, exclusive jurisdiction and venue for disputes will be the state and federal courts located in Delaware, and both parties consent to personal jurisdiction there.
15. General Provisions
These Terms constitute the entire agreement between you and Expertand regarding the Service. If any provision is found unenforceable, the remaining provisions will continue in effect. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control (including internet outages, provider outages, labor disputes, natural disasters, or governmental actions).
Export and Sanctions. You may not use the Service if you are located in a jurisdiction subject to comprehensive sanctions or if you are prohibited from receiving services under applicable export control or sanctions laws.
Electronic Communications. You consent to receive communications electronically (e.g., email or in-product notices).
16. Notices
Legal notices to Expertand must be sent to:
More Better Ventures LLC (d/b/a Expertand)
Attn: Legal
Email: legal@expertand.com
We may provide notices to you via email, in-product notifications, or by posting to the Service.
17. Privacy; Data Processing
Our Privacy Policy describes how we collect, use, and share information. If you are a business customer and applicable law requires a Data Processing Addendum ("DPA"), we will make a DPA available upon request or via an Order Form. In the event of a conflict between the DPA and these Terms regarding personal data processing, the DPA controls.
18. Contact Information
For questions about these Terms, please contact us at:
More Better Ventures LLC
d/b/a Expertand
Email: legal@expertand.com
Website: expertand.com