These Terms of Service ("Terms") govern your access to and use of OurFX (the "Service") operated by Aero Software, LLC ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.
1. Agreement to terms
By creating an account or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
2. Description of service
OurFX is an AI-powered RFP (Request for Proposal) response automation platform that helps sales teams:
- Manage product features and knowledge libraries
- Import and analyze RFP requirements
- Match requirements to product capabilities using semantic search
- Generate AI-assisted responses
- Collaborate on proposals
3. Account registration
Eligibility
You must be at least 18 years old to use the Service. By registering, you represent that you meet this requirement.
Account information
You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and update your information to keep it accurate
- Keep your password confidential and secure
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activities under your account
Team accounts
If you create a team, you are responsible for:
- Managing team member access and permissions
- Ensuring team members comply with these Terms
- Team billing and subscription management
4. Subscription and payments
Billing
- Subscriptions are billed monthly in advance via Stripe
- Prices are in US dollars and exclude applicable taxes
- You authorize us to charge your payment method on file
- Failed payments may result in service suspension
Cancellation
- You may cancel your subscription at any time from your account settings
- Cancellation takes effect at the end of the current billing period
- No refunds are provided for partial billing periods
- You retain access until the end of your paid period
Refunds
We generally do not provide refunds. Exceptions may be made at our sole discretion for:
- Technical issues preventing service use
- Billing errors
5. User content and data
Your content
You retain ownership of all content you upload to the Service, including:
- Product information and features
- RFP documents and requirements
- Custom prompts and templates
License to us
You grant us a limited license to use your content solely to:
- Provide and operate the Service
- Generate AI responses and matches
- Improve the Service (using anonymized, aggregated data only)
Your responsibilities
You are responsible for:
- Ensuring you have rights to upload all content
- Not uploading confidential information you are not authorized to share
- Backing up your own data
6. Acceptable use
You agree not to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights of others
- Upload malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to the Service or other accounts
- Use the Service to send spam or unsolicited communications
- Reverse engineer, decompile, or disassemble the Service
- Resell, sublicense, or redistribute the Service
- Use the Service in a way that could damage, disable, or impair it
- Harvest or collect user data without permission
- Impersonate another person or entity
- Use the Service for any illegal or fraudulent purpose
7. AI-generated content
The Service uses artificial intelligence to generate requirement-to-feature matches, draft RFP responses, and chat-based assistance. You acknowledge that AI-generated content may contain errors, inaccuracies, or omissions, should be reviewed and verified before use, does not constitute professional advice, and may not reflect the most current information. You are solely responsible for reviewing all AI-generated content before use, verifying its accuracy and appropriateness, and any decisions made based on AI-generated content.
8. Intellectual property
Our ownership
We own all rights to:
- The Service, including software, design, and features
- Our trademarks, logos, and branding
- Documentation and marketing materials
Restrictions
You may not:
- Copy, modify, or create derivative works of the Service
- Use our trademarks without written permission
- Remove any copyright or proprietary notices
9. Third-party services
The Service integrates with third-party services including:
- Stripe for payment processing
- OpenAI for AI features
- Supabase for infrastructure
Your use of these services is subject to their respective terms and privacy policies. We are not responsible for third-party service availability or conduct.
10. Termination
By you
You may terminate your account at any time by:
- Canceling your subscription
- Contacting us to request account deletion
By us
We may suspend or terminate your access if you:
- Violate these Terms
- Fail to pay subscription fees
- Engage in abusive or fraudulent behavior
- Pose a security risk to the Service or other users
Effect of termination
Upon termination:
- Your access to the Service will cease
- We may delete your data after 30 days
- Provisions that should survive termination will remain in effect
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR RELIABILITY OF RESULTS
We do not warrant that:
- The Service will be uninterrupted or error-free
- Defects will be corrected
- The Service is free of viruses or harmful components
- Results will meet your requirements
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- WE SHALL NOT BE LIABLE FOR LOSS OF PROFITS, DATA, USE, OR GOODWILL
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages.
13. Indemnification
You agree to indemnify and hold harmless Aero Software, LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: your use of the Service, your violation of these Terms, your violation of any third-party rights, content you upload to the Service
14. Governing law
These Terms shall be governed by the laws of the State of California, United States, without regard to conflict of law principles.
15. Dispute resolution
Informal resolution
Before filing any legal claim, you agree to contact us at john@aero.ws to attempt informal resolution.
Jurisdiction
Any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in California. You consent to the jurisdiction of these courts.
Class action waiver
You agree to resolve disputes with us on an individual basis and waive any right to participate in class actions.
16. Changes to terms
We may modify these Terms at any time. We will notify you of material changes by:
- Posting updated Terms on this page
- Updating the "Last updated" date
- Sending email notification for significant changes
Continued use of the Service after changes constitutes acceptance of the modified Terms.
17. General provisions
Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
Waiver
Our failure to enforce any provision does not constitute a waiver of that provision.
Entire agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
Assignment
You may not assign these Terms without our consent. We may assign our rights and obligations freely.
Force majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control.
18. Contact us
If you have questions about these Terms, please contact us: john@aero.ws