Terms of Service

Effective Date: July 28, 2025

These Terms of Service (the "Terms") govern access to and use of the Service. By creating an account, clicking "I agree," or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization; "Customer," "you," and "your" refer to that organization (or to you as an individual, if not using on behalf of an organization).

If you do not agree to these Terms, do not use the Service.

1. The Service; No Legal, Credit, or Compliance Advice

TryDocu enables users to upload bank statements and similar documents, extract transactions, categorize activity (including income and NSF events), generate summaries and risk flags (including potential manipulation indicators), and export results (e.g., CSV/XLSX). Outputs are generated using automated processing (heuristics, optional OCR) and are intended to assist knowledgeable users. Outputs are not legal, financial, credit, compliance, or accounting advice, are not a substitute for professional judgment, and are not final credit, lending, or tenancy decisions. You are solely responsible for reviewing outputs, verifying accuracy, and complying with applicable laws.

Not a Consumer Reporting Agency. Firebrain does not provide "consumer reports" or act as a "consumer reporting agency" under the Fair Credit Reporting Act (FCRA). You agree not to use the Service or outputs as a consumer report or in any manner that would cause Firebrain to be deemed a consumer reporting agency. If you use outputs in any eligibility determinations (e.g., lending or tenancy), you must ensure full compliance with all applicable laws (e.g., FCRA, ECOA, Fair Housing laws, UDAAP), and you must not rely on the Service as the sole source for any adverse decision.

2. Eligibility; Accounts

Minimum Age. You must be at least 16 years old to use the Service.

Registration. You must provide accurate account information and keep it updated. You are responsible for safeguarding your credentials and for all activities under your account.

Authorized Users. If you grant access to others (e.g., your team), you are responsible for their use and compliance with these Terms.

3. Customer Data; Ownership; License

Customer Data. "Customer Data" means documents, data, content, and other information you (or your Authorized Users) upload to or process via the Service (e.g., PDF/image/CSV bank statements), and any personal information contained therein.

Ownership. As between the parties, you retain all rights to Customer Data.

License to Firebrain. You grant Firebrain a nonexclusive, worldwide, royalty‑free license to host, copy, process, transmit, display, and create derivative works from Customer Data solely as necessary to provide, secure, maintain, and improve the Service; to prevent fraud and abuse; to comply with law; and as otherwise permitted by these Terms.

Derived/De‑identified Data. Firebrain may generate and use de‑identified, aggregated, or statistical data derived from Customer Data and Service usage ("Aggregated Data") to operate, analyze, and improve the Service, provided that Aggregated Data does not identify you or any natural person.

4. Your Responsibilities; Legal Use

You are responsible for:

5. Acceptable Use

You will not, and will not allow others to:

We may suspend or limit the Service immediately for violations of this Section or if necessary to protect the Service or others.

6. Privacy; Data Processing

Your use of the Service is subject to our Privacy Policy at trydocu.com/privacy.

If you are a business customer and we process personal information on your behalf, the parties may enter into a Data Processing Addendum (DPA) incorporating appropriate processor/service‑provider obligations and cross‑border transfer mechanisms (e.g., SCCs/UK Addendum). In the U.S., to the extent applicable, we act as your service provider/processor (e.g., under CPRA, GLBA Safeguards) and will not sell or share personal information for cross‑context behavioral advertising.

7. Security; Data Retention

We implement administrative, technical, and physical safeguards appropriate to the nature of Customer Data (e.g., encryption in transit/at rest, access controls, audit logging, vulnerability management). No system is 100% secure, and we cannot guarantee absolute security.

Retention. Unless otherwise stated in your plan or Order, uploaded documents are retained by default for 90 days from upload. You may delete earlier through available features or request deletion (subject to legal/audit requirements). Backups and logs may persist for a limited time.

8. Third‑Party Services; Sub‑processors

The Service may rely on third‑party providers (e.g., hosting, storage, OCR, logging, analytics, billing, communications). Our current sub‑processors are listed at trydocu.com/subprocessors. Third‑party services may have their own terms and privacy policies; we are not responsible for them.

9. Plans, Fees, Taxes, and Billing

Plans & Orders. Fees are as listed at checkout, in your online plan selection, or in an order form executed by you and Firebrain (each, an "Order"). Fees may include subscriptions (e.g., monthly) and/or per‑document charges.

Billing. You authorize us and our payment processor to charge all fees to your payment method on the schedule in your Order. All fees are non‑cancelable and non‑refundable unless required by law or expressly stated otherwise in an Order.

Changes. We may modify plan features or pricing prospectively with reasonable notice; changes take effect on your next billing cycle or renewal unless otherwise stated.

Taxes. Fees are exclusive of taxes; you are responsible for all applicable taxes (excluding our income taxes).

10. Free Trials; Beta Features

We may offer free or trial access and features marked as "beta," "preview," or similar. Such features are provided AS IS without support or SLA and may be modified or discontinued at any time.

11. Intellectual Property; Feedback

Firebrain IP. The Service, software, documentation, and all related intellectual property are owned by Firebrain and its licensors. No rights are granted except as expressly stated in these Terms.

Feedback. You grant Firebrain a perpetual, irrevocable, worldwide, royalty‑free license to use and incorporate any feedback or suggestions you provide without restriction.

12. Confidentiality

"Confidential Information" means non‑public information disclosed by a party that is designated as confidential or should reasonably be considered confidential. Customer Data and our non‑public Service information are Confidential Information. Each party will use the other's Confidential Information only to fulfill its obligations under these Terms and will protect it using at least reasonable care. Exclusions apply for information that is public, received lawfully from a third party, independently developed, or required to be disclosed by law (with notice if lawful).

13. Disclaimers

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIREBRAIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. FIREBRAIN DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR‑FREE, ACCURATE, OR UNINTERRUPTED, OR THAT ERRORS WILL BE CORRECTED.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

NO INDIRECT DAMAGES. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS/REVENUE/GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

CAP. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO FIREBRAIN FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

EXCLUSIONS. The foregoing limitations do not apply to: (a) your payment obligations; (b) your indemnification obligations; (c) either party's violation of the other party's intellectual property rights; or (d) liability that cannot be limited by law.

15. Indemnification

You will defend, indemnify, and hold harmless Firebrain and its affiliates, officers, directors, employees, and agents from and against any third‑party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service in violation of these Terms or law; (b) Customer Data (including allegations that Customer Data was collected or used unlawfully or infringes rights); or (c) any decisions or actions you take based on outputs.

16. Term; Suspension; Termination

Term. These Terms begin when you first use the Service and continue until terminated.

Suspension. We may suspend or limit the Service if (i) you breach these Terms; (ii) your use poses a security risk; (iii) required by law; or (iv) fees are overdue.

Termination. Either party may terminate for material breach not cured within 30 days after written notice. You may stop using the Service at any time; termination does not relieve you of accrued fees.

Effect. Upon termination, your access to the Service ends and we will delete or return Customer Data per Section 7 (subject to legal retention). Sections intended to survive (including 3–5, 7–8, 11–15, 17–20) will survive.

17. Modifications to the Service or Terms

We may modify the Service and these Terms from time to time. If we make material changes to these Terms, we will provide notice (e.g., by email or in‑Service). Continued use after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

18. Government Use

The Service is commercial computer software. If accessed by or on behalf of a government, use, duplication, or disclosure is subject to restrictions set forth in applicable regulations.

19. Export Controls; Sanctions

You represent that you are not located in, organized under the laws of, or ordinarily resident in any embargoed country and are not a denied party. You will comply with all applicable export control and sanctions laws.

20. Publicity (Business Customers)

Unless you notify us in writing to the contrary, we may use your name and logo to identify you as a customer on our website and marketing materials. You may revoke this permission by written notice.

21. Dispute Resolution; Arbitration; Class Action Waiver

Informal Resolution. Before filing a claim, the parties will attempt to resolve disputes informally.

Binding Arbitration. Except for claims that qualify for small claims court, any dispute 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 Commercial Arbitration Rules. The seat of arbitration will be San Francisco, California, and the language will be English. Judgment on the award may be entered in any court of competent jurisdiction.

Class/Representative Actions Waiver. Disputes must be brought in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding.

30‑Day Opt‑Out. You may opt out of arbitration by sending written notice to david@firebrain.co within 30 days after you first accept these Terms; your notice must include your name, the email address associated with your account, and a clear statement that you opt out of arbitration. If you opt out, you agree to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.

22. Governing Law; Venue

These Terms are governed by the laws of the State of California, without regard to conflicts of law principles. Subject to the arbitration provision above, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California.

23. Miscellaneous

Entire Agreement. These Terms (and any Orders, the Privacy Policy, and any applicable DPA) are the entire agreement between you and Firebrain regarding the Service.

Order of Precedence. If there is a conflict, an executed Order controls, then a DPA (for processing), then these Terms, then documentation.

Assignment. You may not assign these Terms without our prior written consent; any prohibited assignment is void. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure. Neither party is liable for delays or failures due to events beyond reasonable control.

Notices. We may provide notices via the Service, email, or your account portal. You will send legal notices to david@firebrain.co.

Severability; Waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed; the rest remains in effect. Our failure to enforce a provision is not a waiver.

Independent Contractors. The parties are independent contractors; these Terms do not create a partnership, joint venture, or agency relationship.

No Third‑Party Beneficiaries. These Terms create no rights for third parties.

24. Contact

Questions about these Terms? Contact david@firebrain.co.