Snapshot of the source text at fetch time, not a live mirror of the policy page.
Plain-English summary
This review of Grain's Terms of Service highlights several potential concerns for users. The terms include a mandatory binding individual arbitration clause, which limits your ability to resolve disputes in court or through class actions (risk_flags-1). The service is provided "as is" without extensive warranties (risk_flags-2), and Grain's liability for damages is capped at the subscription charges paid in the preceding twelve months (risk_flags-3). Grain also reserves the right to suspend or terminate the service, your account, and your data if they believe you have violated the terms (risk_flags-4). If you cancel your subscription early, you will not receive a refund and may be required to pay immediately any unpaid charges for the remainder of the subscription term (cancellation_renewal-3).
88% confidence
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Follow up on findings with grounded answers from this review. Not legal advice.
Risk Flags
6 findings
Critical issues with significant potential for user harm, such as broad rights to terminate accounts without notice, limitations on legal recourse, or sweeping data ownership clauses.
high95% confidence
Mandatory Arbitration
You agree that any dispute, claim, or controversy between you and Grain will be determined by mandatory binding individual arbitration, not class arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Why it matters: This limits your right to a trial in court, including the right to a jury, and restricts your ability to participate in class action lawsuits. Arbitration awards may have limited court review.
You agree that any dispute, claim, or controversy between you and Grain arising in connection with or relating in any way to these Agreements or to your relationship with Grain as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration.
The website and service are provided "as is" and "as available," without any warranties of any kind to the fullest extent permitted by law. Grain expressly disclaims all warranties, whether express or implied, including merchantability, title, fitness for a particular purpose, and non-infringement.
Why it matters: This means the service is provided without guarantees regarding its quality, suitability, performance, or that it won't infringe on third-party rights. You bear the risk of issues with the service.
THE WEBSITE AND THE SERVICE, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND GRAIN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CANCELLATION AND TERMINATION, paragraph 1 · Citation strength: strong
high95% confidence
Limited Liability
Grain's total liability to you or any third party for issues related to the service will not exceed the subscription charges you paid in the twelve months prior to the event causing liability.
Why it matters: This limits the amount of compensation you can receive from Grain for any damages or losses incurred, potentially leaving you responsible for significant costs beyond what you paid for the service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, GRAIN’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OR OTHERWISE IN CONNECTION WITH ANY SUBSCRIPTION TO, OR USE OR EMPLOYMENT OF THE SERVICE, SHALL IN NO EVENT EXCEED THE SUBSCRIPTION CHARGES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
CANCELLATION AND TERMINATION, paragraph 1 · Citation strength: strong
high95% confidence
Grain can change or suspend services at their discretion
Grain reserves the right to modify, suspend, or terminate the Service (or any part thereof), your account, or your rights to access and use the Service. This includes the removal or disablement of your data if they believe you have violated the terms.
Why it matters: This means your access to the service and your data could be interrupted or permanently lost if Grain believes you violated their terms, without them being liable to you.
Grain reserves the right to modify, suspend or terminate the Service (or any part thereof), Your Account or Your and/or Users’ and/or End-Users’ rights to access and use the Service, and remove, disable and discard any of Your Data if We believe that You, Users or End-Users have violated these Terms. This includes the removal or disablement of Your Data.
CANCELLATION AND TERMINATION, paragraph 1 · Citation strength: strong
medium95% confidence
Data Loss During Free Trial
Any service data you enter and any configurations or customizations made during your free trial will be permanently lost unless you purchase a subscription or export the data before the trial ends.
Why it matters: If you don't convert your free trial to a paid subscription or export your data, any work or information you've added during the trial will be permanently deleted.
ANY SERVICE DATA YOU ENTER INTO THE SERVICE, AND ANY CONFIGURATIONS OR CUSTOMIZATIONS MADE TO THE SERVICE BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICE AS COVERED BY THE TRIAL, PURCHASE THE APPLICABLE SERVICE, OR EXPORT SUCH SERVICE DATA, BEFORE THE END OF THE TRIAL PERIOD.
Terms of Service, paragraph 2 · Citation strength: strong
medium95% confidence
No Liability for Third-Party Services
Grain is not liable for any damage or loss caused by or in connection with your use of any third-party services, or your reliance on their privacy practices, data security processes, or other policies.
Why it matters: If you use third-party services integrated with Grain, Grain disclaims responsibility for any issues, damages, or data losses that arise from those third-party services. This means you bear the full risk of using them.
Grain is not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Other Services, or Your reliance on the privacy practices, data security processes or other policies of such Other Services.
DATA PRIVACY AND SECURITY; CONFIDENTIALITY, paragraph 1 · Citation strength: strong
Data Use
2 findings
How the company collects, uses, and shares your data, including for advertising, analytics, or with third parties.
medium95% confidence
Disclosure of Data for Legal or Protection Reasons
Grain may access or disclose information about you, your account, users, or end-users, including your data, to comply with the law, respond to legal requests, protect Grain's or its customers'/partners' rights or property, or if they believe it's necessary to protect personal safety or prevent law violations.
Why it matters: Your personal and account data may be shared with authorities or third parties without your direct consent in various legal, safety, or protective scenarios, potentially exposing your information.
Grain may also access or disclose information about You, Your Account, Users or End-Users, including Your Data, in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect Grain’s or its customers’ or partners’ rights or property, including enforcement of these Terms or other policies associated with the Service; (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.
DATA PRIVACY AND SECURITY; CONFIDENTIALITY, paragraph 1 · Citation strength: strong
medium90% confidence
Implied Consent for Recording Storage
By using recording capabilities within third-party service providers authorized by you, you are giving Grain consent to store recordings for any meetings or video conferences you join, if such recordings are stored in their systems.
Why it matters: This means your participation in recorded meetings via third-party services implicitly grants Grain permission to store those recordings, which could contain personal information, without explicit, per-instance consent.
You are responsible for compliance with all recording laws. By using the recording capabilities available within the third party service providers authorized by you, you are giving Grain consent to store recordings for any or all meetings or video conferences that you join, if such recordings are stored in our systems.
Terms of Service, paragraph 2 · Citation strength: strong
Cancellation and Renewal
2 findings
Terms related to subscription cancellation, automatic renewals, and associated refund policies.
medium90% confidence
Automatic Renewal of Subscription
Unless your account and subscription are terminated with 30 days' notice before the end of the current Subscription Term, your subscription will automatically renew for a term equivalent in length to the expiring one.
Why it matters: If you do not provide proper notice at least 30 days before your subscription ends, your subscription will automatically renew, and you will be charged for the next subscription term.
Unless Your Account and subscription to the Service is so terminated, Your subscription to the Service will renew for a Subscription Term equivalent in length to the then expiring Subscription Term.
CANCELLATION AND TERMINATION, paragraph 1 · Citation strength: strong
medium95% confidence
Immediate Payment Due Upon Early Termination
If you terminate your subscription or cancel your account early, or if Grain terminates it due to your violation, you must immediately pay any unpaid subscription charges associated with the remainder of that Subscription Term.
Why it matters: Even if you cancel early, you are still responsible for paying all remaining subscription charges for the entire term, which can result in unexpected costs.
If You terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to Section 2.5(c) or 7.4, in addition to other amounts You may owe Grain, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term.
CANCELLATION AND TERMINATION, paragraph 1 · Citation strength: strong
Gotchas
1 finding
Potentially overlooked clauses that could impact user rights or experience, but do not fit into other categories.
medium95% confidence
No Liability for Downgrade Loss
Downgrading your Service Plan may cause loss of content, features, or capacity, and Grain does not accept any liability for such loss.
Why it matters: If you downgrade your service plan, you might lose access to content, features, or storage capacity, and Grain will not be responsible for these losses.
Downgrading Your Service Plan may cause loss of content, features, or capacity of the Service as available to You under Your Account, and Grain does not accept any liability for such loss.
BILLING, PLAN MODIFICATIONS AND PAYMENTS, paragraph 1 · Citation strength: strong
Protections
1 finding
Commitments and features that protect user rights, enhance privacy, or offer consumer benefits.
Protection90% confidence
Advance Notice for Personal Data Hosting Outside US
If your principal location is within the United States, Grain will use commercially reasonable efforts to notify you at least thirty (30) days before choosing to host your Personal Data in data centers outside the United States.
Why it helps: This gives you advance notice if your data will be moved to a different country, allowing you to react or terminate your subscription if you do not agree.
If Your principal location is within the United States, we will use commercially reasonable efforts to notify You at least thirty (30) days before our election to host Personal Data provided to Grain in connection with use of the Service in data centers located outside the United States.
DATA PRIVACY AND SECURITY; CONFIDENTIALITY, paragraph 1 · Citation strength: strong
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