These Terms govern your use of Produck. They form an agreement between Produck, Inc., a Delaware corporation (“Produck”, “we”, “us”), and the organization that signs an Order Form referencing them or otherwise uses the Service (“Customer”, “you”). If an Order Form conflicts with these Terms, these Terms prevail unless the Order Form expressly says otherwise for a specific provision.
Access. Subject to these Terms and the applicable Order Form, we grant you a non-exclusive, non-transferable right to access and use the Service during the Term, for your internal business purposes.
What the Service does. Produck captures feedback from the people who use your product, including voice recordings, transcripts, session replays, annotations, and technical context such as console output and network activity. It runs AI-assisted interviews with those people inside your product, and turns what it learns into written outputs such as design documents and pull requests.
Users. You may permit your employees and contractors to use the Service as Authorized Users. You are responsible for their actions and for keeping account credentials secure.
Support. We provide reasonable support by email and through any channel named in your Order Form. Where an Order Form includes named personnel or a stated meeting cadence, that commitment is described in the Order Form and is advisory in nature.
Improving the Service. We may use data generated through the Service in aggregated and de-identified form to operate, secure, and improve Produck. We do not use your Customer Content or your Output to train publicly available foundation models, and we do not disclose either to other customers.
Feedback. If you send us suggestions about Produck itself, we may use them without restriction or obligation to you.
You will not, and will not permit anyone else to:
End User consent. This obligation matters more than most, because of what Produck does. The Service records and transcribes conversations with your End Users. You are responsible for providing the notices and obtaining the consents that applicable law requires for that recording, transcription, and subsequent processing, in every jurisdiction where your End Users are located. You will not enable a capture surface for any End User from whom the necessary consent has not been obtained. We give you configuration controls over when and to whom an ask appears; the decision to deploy them lawfully is yours.
Suspension. We may suspend access if your use threatens the security, integrity, or availability of the Service, or if required by law. We will tell you, and restore access once the cause is resolved.
Our handling of personal data is described in our Privacy Policy. Where we process personal data on your behalf, we act on your documented instructions, and we use subprocessors to deliver the Service, including cloud hosting and AI model providers. We maintain administrative, technical, and physical safeguards appropriate to the nature of the data.
Prohibited data. You will not submit to the Service any government identification numbers, payment card data, protected health information, or other data subject to heightened regulatory obligations, unless we have agreed to receive it in writing.
Credits. Fees paid under an Order Form are applied to your account as Credits. Credits are drawn down as you use the Service, based on the usage metrics shown to you in-product. A Credit is consumed only when a unit of work completes; conversations an End User abandons, runs that fail, and work we re-run are not charged.
Validity. Unused Credits do not expire during the Term, but they are non-refundable and do not carry over beyond expiration or termination unless your Order Form says otherwise.
Usage beyond your balance. Once your Credit balance is spent, the Service continues and usage is charged at our then-current rates, which are shown in-product and available on request. We may change those rates; a change does not apply retroactively to a balance you have already purchased.
Payment. Amounts are due as stated in your Order Form, in US dollars, without set-off. Where your Order Form provides for automatic recurring payment, you authorize us to charge the payment method you supply for fees as they fall due. Overdue amounts may accrue interest at 1.5% per month, or the maximum the law allows, whichever is lower.
Taxes. Fees exclude taxes. You are responsible for any sales, use, VAT, GST, or similar taxes, other than taxes on our income.
Term. These Terms begin when you first accept them or use the Service, and continue for the period stated in your Order Form. Unless the Order Form says otherwise, the subscription renews automatically for successive periods of the same length, unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current period.
Termination for cause. Either party may terminate if the other materially breaches and does not cure within thirty (30) days of written notice. We may terminate immediately for breach of Section 2, for infringement of our intellectual property, or where continuing would expose us to legal liability.
Effect. On termination your access ends and fees accrued to that date remain payable. For thirty (30) days afterwards we will make your Customer Content and Output available for export; after that we may delete it in the ordinary course. Sections 2, 4, 7, 8, 9, 10, 11, 12, and 13 survive.
Each party represents that it has the authority to enter into these Terms. You further represent that you have all rights, notices, and consents needed for us to process your Customer Content and to interview your End Users as described in Section 2, and that your use of the Service complies with applicable law.
We represent that we will provide the Service with reasonable skill and care, and that we will not materially reduce its core functionality during a paid Term.
Except as expressly stated in Section 6, the Service is provided “as is”, and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
AI-generated output. Produck uses AI models to conduct interviews, summarize what it hears, and draft documents and code. These outputs can be incomplete, inaccurate, or misleading, and different runs can produce different results from the same inputs. They are an input to your judgment, not a substitute for it. You are responsible for reviewing any Output before relying on it, and you should not treat it as legal, financial, medical, or other professional advice.
Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised such damages were possible.
Each party’s total liability arising out of or relating to these Terms will not exceed the fees you paid or owed us in the twelve (12) months before the event giving rise to the claim.
These limits do not apply to your payment obligations, to either party’s indemnification obligations, or to liability that cannot be limited by law.
By us. We will defend you against a third-party claim that the Service, used as permitted, infringes that party’s intellectual property rights, and will pay damages finally awarded or agreed in settlement. If the Service becomes subject to such a claim, we may modify it, obtain a licence, or terminate the affected subscription and refund any prepaid, unused fees.
By you. You will defend us against a third-party claim arising from your Customer Content, from your use of the Service in breach of these Terms, or from a failure to obtain the End User notices and consents described in Section 2, and will pay damages finally awarded or agreed in settlement.
Indemnification is conditioned on the indemnified party giving prompt notice, allowing the indemnifying party to control the defence, and providing reasonable cooperation.
Each party may receive non-public information of the other. The receiving party will use it only to perform under these Terms, will protect it with at least reasonable care, and will disclose it only to people who need it and are bound by similar obligations. These duties do not apply to information that is public without breach, already known without a duty of confidence, independently developed, or required to be disclosed by law, provided the receiving party gives prompt notice where legally permitted.
Ours. We own the Service and all intellectual property in it, including the software, models we develop, interfaces, and documentation. No rights are granted except those expressly stated here.
Yours. You own your Customer Content. As between you and us, you also own the Output — the transcripts, session replays, analyses, design documents, and code the Service produces for you — and may use it without restriction. You grant us a limited licence to host, process, and transmit Customer Content and Output for the purpose of providing the Service, and to use aggregated, de-identified data as described in Section 1.
Governing law. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules. The state and federal courts located in San Francisco County, California have exclusive jurisdiction, and each party consents to that jurisdiction.
Changes. We may update these Terms. If a change materially reduces your rights, we will give notice at least thirty (30) days before it takes effect, and it will apply from your next renewal. Continued use after a change takes effect is acceptance of it.
Assignment. Neither party may assign these Terms without the other’s written consent, except to a successor in a merger, acquisition, or sale of substantially all assets.
Subcontractors. We may use subcontractors and subprocessors to deliver the Service, and remain responsible for their performance.
Publicity. We may identify you as a customer using your name and logo, unless you tell us in writing not to.
Other. If a provision is unenforceable, the rest remain in effect. A failure to enforce a right is not a waiver of it. These Terms, together with the Order Form and Privacy Policy, are the entire agreement on this subject. Notices to us may be sent to [email protected].
Questions about these Terms can go to [email protected], or to Produck, Inc., 680 2nd Street, San Francisco, CA 94107.
Portions of this agreement are adapted from the Common Paper Cloud Service Agreement, used under CC BY 4.0.
