Terms of Service

Welcome, and thank you for your interest in Underflow, Inc. ("Underflow," "we," or "us"). These Terms of Service ("Terms") govern your access to and use of Underflow's software, platform, and related services, including the website useunderflow.com (collectively, the "Service"). By using the Service, you agree to these Terms.

Please also read our Privacy Policy, which explains how we collect, use, disclose, and process personal data.

1. Access and use

1.1 Provision of Access

Underflow is submission management software for insurance teams. The Service connects to your email inbox, reads submission emails and attachments, extracts data from insurance documents, identifies what's missing, and handles follow-ups. Subject to your compliance with these Terms, Underflow grants you a limited, non-exclusive, non-transferable right to access and use the Service.

1.2 Service Modes

The Service may be used in different modes:

• Copilot: Underflow extracts data, flags gaps, and drafts follow-up emails for your review. You review and send.
• Autopilot: Underflow extracts data, flags gaps, drafts, and sends follow-up emails automatically without manual review. You are responsible for any emails sent in Autopilot mode.

1.3 Model Training

Underflow will not use your Content to train, or allow any third party to train, any AI models, unless you have explicitly agreed to such use.

2. Email integration

2.1 Email Access

To use the Service, you must connect your email inbox (Microsoft Outlook or Google Gmail). By connecting your inbox, you grant Underflow permission to:

• Read incoming emails and attachments
• Access email metadata (subject, sender, recipient, timestamps)
• Create draft emails in your inbox
• Send emails on your behalf (if Autopilot is enabled)
• Move emails between folders
• Create and manage folders

2.2 Your Responsibility

You represent and warrant that you have the authority to grant Underflow access to the email inbox you connect, and that your use of the Service complies with your organization's policies and any applicable laws.

2.3 Autopilot Mode

If you enable Autopilot mode, Underflow will automatically send follow-up emails without your manual review. You acknowledge that you are solely responsible for any emails sent automatically, including their content, timing, and recipients. You should review and configure Autopilot settings carefully before enabling this feature.

3. Your content

3.1 Inputs and Outputs

You may provide inputs to the Service ("Inputs"), including emails, attachments, and documents. The Service generates outputs based on your Inputs ("Outputs"), including extracted data, gap lists, draft emails, and submission records. Inputs and Outputs are collectively "Content."

3.2 Ownership

As between you and Underflow, you retain ownership of your Inputs. Subject to your compliance with these Terms, Underflow assigns to you all right, title, and interest in Outputs generated specifically for you.

3.3 License to Underflow

By submitting Inputs to the Service, you grant Underflow a limited license to use, process, and store your Content solely to provide the Service to you, comply with applicable law, enforce our terms and policies, and keep the Service safe.

3.4 Your Representations

You represent and warrant that you have all rights, licenses, and permissions necessary for Underflow to process your Inputs under these Terms, including any insurance documents, personally identifiable information, or third-party content contained therein.

4. AI limitations

You acknowledge that Outputs are generated by artificial intelligence and machine learning technology. AI has inherent limitations, including:

• Outputs may contain errors, inaccuracies, or misleading information
• Data extraction from documents may be incomplete or incorrect
• Gap identification may miss items or flag false positives
• Draft emails may require editing before sending
• The Service may not understand all document formats or handwriting

You are responsible for reviewing and verifying all Outputs before relying on them or sending any communications. Underflow is not liable for any errors in Outputs or any decisions made based on Outputs.

5. Use restrictions

Except to the extent such restriction is prohibited by applicable law, you may not:

• Reverse engineer, disassemble, decompile, or attempt to derive the source code of the Service
• Reproduce, modify, or create derivative works of the Service
• Rent, lease, lend, sell, or sublicense the Service
• Remove any proprietary notices from the Service
• Use the Service to develop or train a competing product
• Probe, scan, or attempt to penetrate the Service's security
• Harvest, scrape, or extract data from the Service except as intended
• Use the Service in any manner that violates applicable laws or third-party rights
• Use the Service to process health information (PHI/HIPAA), payment card data (PCI), or other specially regulated data categories
• Send spam, phishing, or malicious content through the Service
• Knowingly permit any third party to do any of the foregoing

6. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction, whichever is higher, to use the Service. By agreeing to these Terms, you represent and warrant that:

• You are at least 18 years old or the age of majority in your jurisdiction
• You have not previously been suspended or removed from the Service
• Your use of the Service complies with all applicable laws
• If entering these Terms on behalf of an organization, you have the legal authority to bind that organization

7. Accounts

To access the Service, you must register for an account. You agree to provide accurate, complete, and current information and to keep it updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

If you believe your account has been compromised, notify us immediately at security@useunderflow.com.

8. Payment

8.1 Fees

Certain features of the Service require payment. Before paying any fees, you will have an opportunity to review and accept the applicable fees. All fees are in U.S. Dollars and are non-refundable except as required by law or as otherwise specified.

8.2 Billing

If you purchase a subscription, you authorize Underflow to charge your payment method on a recurring basis until you cancel. You are responsible for keeping your payment information current.

8.3 Price Changes

Underflow reserves the right to change pricing. We will provide reasonable notice of price changes before they take effect.

9. Intellectual property

The Service, including all software, algorithms, models, designs, and documentation, is owned by Underflow and protected by intellectual property laws. These Terms do not grant you any rights to Underflow's trademarks, logos, or branding.

You may provide feedback, suggestions, or ideas about the Service ("Feedback"). You grant Underflow a perpetual, irrevocable, royalty-free license to use Feedback for any purpose without obligation to you.

10. Termination

10.1 By You

You may terminate your account at any time by contacting us or using the account settings. Termination does not entitle you to a refund of any prepaid fees.

10.2 By Underflow

Underflow may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. We may terminate for cause if you breach these Terms, fail to pay fees, or engage in conduct that harms Underflow or other users.

10.3 Effect of Termination

Upon termination, your right to use the Service ends. We may delete your Content after termination unless legally required to retain it. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, and dispute resolution.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Underflow does not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service or servers are free of viruses or harmful components.

Underflow does not provide insurance, legal, or professional advice. The Service is a tool to assist with submission management, not a substitute for professional judgment. You are solely responsible for your underwriting decisions.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDERFLOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.

UNDERFLOW'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO UNDERFLOW IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless Underflow and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service, (b) your Content, (c) your violation of these Terms, or (d) your violation of any third-party rights.

14. Disputes

14.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

14.2 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@useunderflow.com and attempt to resolve the dispute informally for at least 60 days.

14.3 Jurisdiction

Any disputes not resolved informally shall be brought exclusively in the federal or state courts located in San Francisco, California. You consent to personal jurisdiction in these courts.

15. Miscellaneous

15.1 Entire Agreement

These Terms, including the Privacy Policy, constitute the entire agreement between you and Underflow regarding the Service and supersede all prior agreements.

15.2 Assignment

You may not assign these Terms without Underflow's prior written consent. Underflow may assign these Terms at any time without notice.

15.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.4 No Waiver

Underflow's failure to enforce any provision of these Terms is not a waiver of its right to enforce that provision later.

15.5 Changes to Terms

Underflow may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms or by email. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

15.6 Contact

For questions about these Terms, contact us at legal@useunderflow.com.