AppExtractAI

Terms of Use

Effective Date: August 1, 2024

Entity: Maxwell Singer d/b/a AppExtractAI ("AppExtractAI", "we", "us", or "our")

Contact: mac@appextractai.com

Plain‑English Summary (not part of the contract): AppExtractAI helps programs extract structured fields from application materials. It's an assistive tool. You must keep a human in the loop and you're responsible for all decisions. Outputs can be wrong or incomplete. Don't upload data you're not authorized to process. We don't use your Customer Data to train models. Liability is limited and disputes go to individual arbitration (with a 30‑day opt‑out).

1) Acceptance; Eligibility; Accounts

These Terms of Use (the "Terms") are a binding agreement between you and AppExtractAI. By creating an account, clicking "I agree", or using the Services, you accept the Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization; "Customer" and "you" refer to that organization. You must be at least 18 and have the legal right to process the data you upload.

2) Definitions

  • "Services" means our websites, applications, APIs, and related support.
  • "Customer Data" means content you or your users submit to the Services (e.g., application PDFs, spreadsheets, notes, metadata) and the personal information contained therein.
  • "Output" means results generated by the Services (e.g., extracted fields, summaries, classifications).
  • "User" means any individual you permit to access the Services under your account.
  • "Sensitive Data" means special categories under applicable law (e.g., government IDs, financial account numbers, health/medical data, biometric data) and data regulated by sectoral rules (e.g., HIPAA, FERPA) unless we have agreed in writing to process it.

3) License; Restrictions

We grant you a limited, non‑exclusive, non‑transferable license to access and use the Services solely for your internal admissions/residency evaluation workflows and in compliance with these Terms and all laws.

You will not (and will not allow others to):

  • (a) reverse engineer, decompile, or attempt to extract source code or model weights;
  • (b) use the Services to develop competing products;
  • (c) resell, sublicense, or provide the Services to third parties except to your employees/contractors acting on your behalf;
  • (d) interfere with or disrupt the Services;
  • (e) upload malware or illegal content;
  • (f) use the Services to make automated decisions without meaningful human review;
  • (g) violate third‑party terms (e.g., ERAS/SFMatch/Thalamus/Workday) or applicable equal opportunity and anti‑discrimination laws;

4) Your Responsibilities; Human‑in‑the‑Loop

AppExtractAI is an assistive tool. You are solely responsible for (i) obtaining all necessary rights and lawful bases to process Customer Data; (ii) configuring the Services; (iii) reviewing, validating, and correcting all Outputs prior to use; and (iv) decisions you make using the Services. You will not rely on the Services as the sole basis for eligibility, selection, hiring, or sanctions. You will maintain policies and records demonstrating compliance with applicable employment, education, and anti‑discrimination laws and any residency‑match rules.

5) Customer Data; Ownership; Model Training

You retain all right, title, and interest in Customer Data and Output, as between you and us. You grant us a non‑exclusive license to host, process, and display Customer Data and Output solely to provide and support the Services (including security, quality, troubleshooting, and usage analytics). We do not use Customer Data or Output to train or improve our models. We may use aggregated or de‑identified information that does not identify you or any individual to improve and develop the Services.

6) Third‑Party Services and Model Providers

The Services may rely on cloud providers and model providers (e.g., LLM APIs). We are not responsible for third‑party services we do not control, but we contractually bind our subprocessors to appropriate confidentiality and security obligations. Your separate third‑party terms may also apply.

7) Security; Incident Notice

We implement reasonable administrative, technical, and physical safeguards designed to protect Customer Data. If we become aware of unauthorized access to Customer Data in our possession (a "Security Incident"), we will notify you without undue delay and provide information we reasonably can, consistent with law and security.

8) Confidentiality

"Confidential Information" means non‑public information disclosed by a party that is designated confidential or that a reasonable person would understand to be confidential, including Customer Data. Each party will use the other's Confidential Information only to fulfill its obligations under these Terms and will protect it using reasonable care.

9) Beta Features

We may offer features identified as beta, preview, or experimental. Beta features are provided "AS IS" without commitments, may be modified or discontinued, and may be subject to additional terms.

10) Fees; Taxes

If the Services are paid, you agree to pay fees per the ordering document, plus applicable taxes. Late amounts may accrue interest at 1.5% per month (or the maximum legal rate).

11) Term; Suspension; Termination

These Terms begin when you accept and continue until terminated. Either party may terminate for convenience on 30 days' written notice, or for cause if the other party materially breaches and fails to cure within 30 days after notice (10 days for fee failures). We may immediately suspend or restrict access if (i) required by law or a third‑party provider, (ii) there is a Security Incident or risk to the Services, or (iii) you breach these Terms. Upon termination, we will delete Customer Data in accordance with Section 14 (Data Retention) and our Privacy Policy, subject to legal holds and backups.

12) NO WARRANTIES; AI SPECIFIC DISCLAIMER

THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. OUTPUTS MAY BE INACCURATE, INCOMPLETE, OR MISLEADING. YOU ARE RESPONSIBLE FOR INDEPENDENTLY REVIEWING AND VALIDATING ALL OUTPUTS PRIOR TO USE.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR (A) YOUR PAYMENT OBLIGATIONS; (B) YOUR INDEMNIFICATION OBLIGATIONS; OR (C) YOUR BREACH OF SECTION 3 (RESTRICTIONS), EACH PARTY'S TOTAL LIABILITY UNDER THESE TERMS IS LIMITED TO THE GREATER OF (i) AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (ii) US $100. NOTHING EXCLUDES LIABILITY FOR WILLFUL MISCONDUCT OR WHERE PROHIBITED BY LAW.

14) Data Retention and Deletion

We retain Customer Data only as necessary to provide the Services and to comply with law. Unless otherwise agreed in a data processing agreement, we delete Customer Data within 30 days after account termination, subject to reasonable backup retention (up to 35 additional days). You can request deletion at any time; we will process it consistent with law and technical feasibility.

15) Indemnification

You will defend, indemnify, and hold harmless AppExtractAI and its affiliates, officers, directors, employees, and agents from and against all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your Customer Data; (b) your use of the Services or Outputs; or (c) your breach of these Terms or violation of law.

16) Export; Sanctions; Government Use

You will comply with all export control and sanctions laws. The Services are commercial computer software; U.S. Government users receive only those rights set forth in these Terms per FAR 12.212 and DFARS 227.7202.

17) Modifications to the Terms or Services

We may modify the Terms or Services to reflect changes in technology, law, or business. If a change materially harms your rights, we will provide notice and the change will take effect no sooner than 30 days after notice. Your continued use after the effective date constitutes acceptance.

18) Governing Law; Venue

These Terms are governed by the laws of the State of New York, without regard to conflicts‑of‑law rules.

19) Dispute Resolution; Arbitration; Class‑Action Waiver

Mandatory Arbitration. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by JAMS under its Streamlined Rules. The seat will be New York, New York.

Class Waiver. You and we agree to bring claims only in an individual capacity and not as a class member or representative.

Injunctive Relief. Either party may seek temporary injunctive relief in court to protect Confidential Information or intellectual property.

30‑Day Opt‑Out. You may opt out of arbitration by sending written notice to mac@appextractai.com within 30 days of first accepting these Terms.

20) Notices; Contact

Legal notices must be sent to mac@appextractai.com. Routine communications may be sent to your registered email address.

21) Miscellaneous

These Terms constitute the entire agreement and supersede prior understandings on the subject. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. You may not assign these Terms without our prior written consent; we may assign to an affiliate or in connection with a merger, acquisition, or asset sale. No waiver is effective unless in writing.

Copyright 2024 Maxwell Singer. All Rights Reserved

Email mac.singer@appextractai.com, with any questions, issues, or suggestions.