These Terms of Service (“Terms”) govern your use of the Falcon Sense platform, website, and related services (the “Service”), a Dunfair service (“we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account, accessing, or using the Service, you confirm that you are at least 16 years of age and agree to comply with these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Description of Service
Falcon Sense provides an AI-powered social intelligence and brand monitoring platform. The Service includes, but is not limited to:
- Monitoring and analysis of publicly available social media content, news, and online conversations.
- AI-driven insight generation, sentiment analysis, and competitive benchmarking.
- Dashboard visualization, alerts, and reporting tools.
- Conversational AI assistant for data queries and synthesis.
3. Account Registration
- You must provide accurate, current, and complete information during registration.
- You are responsible for maintaining the confidentiality of your account credentials.
- You are responsible for all activities that occur under your account.
- You must notify us immediately of any unauthorized use of your account.
4. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law.
- Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of the Service.
- Use the Service to harass, stalk, threaten, or otherwise violate the rights of others.
- Interfere with or disrupt the Service, servers, or networks connected to the Service.
- Access the Service through automated means (bots, crawlers) without our prior written consent.
- Resell, sublicense, or redistribute access to the Service without authorization.
- Use insights derived from the Service for illegal surveillance, discrimination, or activities that violate human rights.
5. Intellectual Property
5.1 Our Property
The Service, including its design, features, AI models, algorithms, code, trademarks, and documentation, is our exclusive intellectual property. Nothing in these Terms grants you any right, title, or interest in our intellectual property except as expressly stated.
5.2 Your Data
You retain ownership of all data you input into or generate through the Service (“Your Data”). You grant us a limited, non-exclusive license to process Your Data solely for the purpose of providing the Service. We do not use Your Data to train AI models or for any purpose other than delivering the Service to you.
6. Third-Party Data Sources
The Service collects and analyzes publicly available data from third-party platforms. We do not guarantee the accuracy, completeness, or availability of third-party data. Changes in third-party platform policies or availability may affect certain features of the Service.
7. Payment and Billing
- Pricing for the Service is determined through your Charter or subscription agreement.
- All fees are non-refundable unless otherwise specified in your agreement or required by law.
- We reserve the right to modify pricing with at least 30 days' notice. Price changes will not affect existing billing periods.
- Failure to pay may result in suspension or termination of your account.
8. Service Level and Availability
We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may perform scheduled maintenance or experience downtime due to circumstances beyond our control. We will make reasonable efforts to notify you of planned maintenance in advance.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
- WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE.
- OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Falcon Sense, Dunfair, and their officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.
11. Termination
- You may terminate your account at any time by contacting us or through your account settings.
- We may suspend or terminate your account if you violate these Terms or for any other reason with reasonable notice.
- Upon termination, your right to use the Service ceases immediately. Your Data will be retained for 90 days to allow retrieval, after which it will be permanently deleted.
12. Modifications to Terms
We may update these Terms periodically. Material changes will be communicated via email or prominent notice within the Service at least 30 days before taking effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Dunfair is incorporated, without regard to conflict of law principles.
14. Dispute Resolution
Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in accordance with the rules of the applicable arbitration authority in our jurisdiction.
15. Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
16. Contact
For questions about these Terms, please contact:
Falcon Sense — Legal Team
Email: legal@falconsense.co
A Dunfair Service