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Plain-English summary
Grain's terms include an agreement to arbitrate claims, which means disputes may be resolved outside of court. Service data entered during a free trial can be permanently lost unless a subscription is purchased or data is exported before the trial ends. Beta Services are provided without liability for harm or damage. Failure to pay subscription fees within five days of notice can lead to suspension or termination of service. Downgrading a service plan will not result in refunds or credits and may lead to a loss of features or content.
89% confidence
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Follow up on findings with grounded answers from this review. Not legal advice.
Risk Flags
3 findings
Critical terms that can significantly harm users, often hidden or difficult to understand. These include limitations on legal recourse, broad rights to terminate accounts, and one-sided indemnity clauses.
high95% confidence
Mandatory Arbitration Clause
The terms include your agreement to arbitrate claims.
Why it matters: You agree to arbitrate claims, which means disputes may be resolved outside of court, limiting your ability to sue or participate in class-action lawsuits.
Your use of and access to the website and products and services and associated software(collectively, the “SERVICES”) of GRAIN INTELLIGENCE, inc.,(“GRAIN”) and its subsidiaries (collectively, the “GRAIN” or “we” or “us” or “our”) is conditioned upon your compliance with and acceptance of these terms or service (the “terms”), which include your agreement to arbitrate claims.
Title: Terms of Service | Grain, paragraph 3 · Citation strength: strong
medium95% confidence
Loss of Service Data from Free Trial
Any service data entered during a free trial will be permanently lost unless a subscription is purchased, the applicable service is purchased, or such data is exported before the end of the trial period.
Why it matters: If you use a free trial, any data you enter or configurations you make will be permanently lost unless you explicitly purchase a subscription or export the data before the trial ends, potentially causing loss of work or information.
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.
Title: Terms of Service | Grain, paragraph 36 · Citation strength: strong
medium90% confidence
Beta Services Offered Without Liability
Grain may make Beta Services available, which are for evaluation purposes, not production use, are not supported, and may entail no liability for any harm or damage arising out of or in connection with a Beta Service.
Why it matters: Using Beta Services means you accept them for evaluation, not production, without support, and that Grain will not be liable for any harm or damage from their use.
Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Beta Services becomes generally available without the applicable Beta Services designation. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.
Title: Terms of Service | Grain, paragraph 37 · Citation strength: strong
Data Use & Privacy
5 findings
This section reviews how your data is collected, processed, and shared. Key concerns include monetization of user data, extensive third-party sharing, and weak data protection commitments.
medium90% confidence
Third-Party Access to Your Data
Grain and the service providers used to assist in providing the Service have the right to access your account and use, modify, reproduce, distribute, display, and disclose your data solely as necessary to provide the Service, including in response to support requests.
Why it matters: Your data, including personal data, can be accessed, used, modified, reproduced, distributed, displayed, and disclosed by Grain and its service providers for service delivery and support purposes.
You agree that Grain and the service providers We use to assist in providing the Service to You shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Service, including, without limitation, in response to Your support requests. Any third party service providers We utilize will only be given access to Your Account and Your Data as is reasonably necessary to provide the Service and will be subject to (a) confidentiality obligations which are commercially reasonable and substantially consistent with the standards described in Section 3.
**3. DATA PRIVACY AND SECURITY; CONFIDENTIALITY**, paragraph 3 · Citation strength: strong
medium95% confidence
Data Disclosure for Legal Compliance and Protection
Grain may access or disclose information about you, your account, users, or end-users, including your data, to comply with the law, respond to lawful requests or legal process, protect Grain's or its customers' or partners' rights or property, including enforcement of these Terms or other policies, or act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.
Why it matters: Grain may disclose your data and information about you, your account, users, or end-users to comply with legal obligations, protect its rights or property, or to ensure personal safety, which could lead to your data being shared with authorities or other third parties.
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.
**3. DATA PRIVACY AND SECURITY; CONFIDENTIALITY**, paragraph 4 · Citation strength: strong
medium90% confidence
Consent to Store Recordings
By using recording capabilities available within authorized third-party service providers, you give Grain consent to store recordings for any meetings or video conferences you join, if such recordings are stored in Grain's systems.
Why it matters: If you use recording features with third-party service providers, you are giving Grain permission to store those recordings in their systems, potentially including sensitive content from your meetings or video conferences.
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.
Title: Terms of Service | Grain, paragraph 38 · Citation strength: strong
low90% confidence
Use of Third-Party Services for Data Handling
Your access and use of third-party services are governed solely by their terms and conditions, and Grain does not endorse or take responsibility for aspects of these services, including how they handle data (including Your Data).
Why it matters: When you use other services linked or connected through Grain, their own terms and privacy practices apply, and Grain is not responsible for how those third-party services handle your data or for any issues that arise from their use.
If You decide to enable, access or use Other Services, be advised that Your access and use of such Other Services is governed solely by the terms and conditions of such Other Services, and We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Other Services, including, without limitation, their content or the manner in which they handle data (including Your Data) or any interaction between You and the provider of such Other Services. You irrevocably waive any claim against Grain with respect to such Other Services.
**3. DATA PRIVACY AND SECURITY; CONFIDENTIALITY**, paragraph 11 · Citation strength: strong
low90% confidence
License for User Feedback
Grain has a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to incorporate into the Service, or otherwise use, any suggestions, enhancement requests, recommendations, or other feedback received from users or third parties acting on their behalf.
Why it matters: Any suggestions or feedback you provide can be freely used by Grain in their product and services without any compensation or restriction, and they have an irrevocable right to do so globally.
Grain shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You Users, or End-Users, or other third parties acting on Your behalf.
**3. DATA PRIVACY AND SECURITY; CONFIDENTIALITY**, paragraph 9 · Citation strength: strong
Cancellation & Renewal
3 findings
This section examines the ease of canceling services, potential for automatic renewals, and refund policies. Concerns often arise from difficult cancellation processes, non-refundable terms, or unclear renewal mechanisms.
medium90% confidence
Suspension or Termination for Non-Payment
If you fail to pay your Subscription Charges or charges for other services within five (5) days of notice of payment being due or delinquent, or if you do not update payment information upon request, Grain may suspend or terminate access to and use of the Service by you, users, and end-users.
Why it matters: Failure to pay subscription fees or update payment information within five days of notice can lead to the suspension or termination of your access to the service and its use by all associated users.
If You fail to pay Your Subscription Charges or charges for other services indicated on any Form referencing these Terms within five (5) days of Our notice to You that payment is due or delinquent, or if You do not update payment information upon Our request, in addition to Our other remedies, We may suspend or terminate access to and use of the Service by You, Users and End-Users.
**6. BILLING, PLAN MODIFICATIONS AND PAYMENTS**, paragraph 1 · Citation strength: strong
medium95% confidence
No Refunds for Downgrading Service Plan
No refunds or credits for Subscription Charges or other fees or payments will be provided if you elect to downgrade your Service Plan.
Why it matters: If you downgrade your service plan, you will not receive any refunds or credits for the subscription charges or other fees you have already paid.
No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to downgrade Your Service Plan.
**6. BILLING, PLAN MODIFICATIONS AND PAYMENTS**, paragraph 3 · Citation strength: strong
medium95% confidence
Loss of Features on Downgrade
Downgrading your Service Plan may cause a 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.
Why it matters: Downgrading your service plan could result in losing access to content, features, or overall service capacity, and Grain is not liable for any resulting loss.
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.
**6. BILLING, PLAN MODIFICATIONS AND PAYMENTS**, paragraph 3 · Citation strength: strong
Gotchas
1 finding
This section highlights less obvious but important clauses that may impact user rights or responsibilities. These include unexpected fees, strict rules on acceptable use, or limitations on service guarantees.
low85% confidence
Updates to Service Features at Any Time
Any new or modified features added to or augmenting or otherwise modifying the Service or other updates, modifications or enhancements to the Service are subject to these Terms and Grain reserves the right to deploy updates at any time.
Why it matters: Grain can make changes to service features and functions at any time, which may alter your experience or the capabilities of the service without specific prior notice beyond these terms.
Any new or modified features added to or augmenting or otherwise modifying the Service or other updates, modifications or enhancements to the Service (“Updates”) are also subject to these Terms and Grain reserves the right to deploy Updates at any time.
Title: Terms of Service | Grain, paragraph 19 · Citation strength: strong
Protections
3 findings
This section highlights clauses that are beneficial to the user, such as strong data privacy commitments, clear refund policies, or guarantees of service availability.
Protection90% confidence
Protection of Confidential Information
You and Grain will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care.
Why it helps: Both parties are committed to protecting confidential information, ensuring a standard of reasonable care against unauthorized access or disclosure.
Subject to the express permissions of these Terms, You and Grain will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care.
**3. DATA PRIVACY AND SECURITY; CONFIDENTIALITY**, paragraph 1 · Citation strength: strong
Protection90% confidence
Security Safeguards for Your Data
Grain will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality, and integrity of Your Data. These safeguards include encryption of Your Data in transmission, except for certain Other Services that do not support encryption, which You may link to through Service at Your election.
Why it helps: Grain commits to protecting your data with commercially reasonable safeguards, including encryption during transmission, which enhances data security and privacy.
Grain will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality, and integrity of Your Data. These safeguards include encryption of Your Data in transmission, except for certain Other Services that do not support encryption, which You may link to through Service at Your election.
**3. DATA PRIVACY AND SECURITY; CONFIDENTIALITY**, paragraph 2 · Citation strength: strong
Protection90% confidence
Notification of Data Hosting Location Changes
If your principal location is within the United States, Grain will use commercially reasonable efforts to notify you at least thirty (30) days before electing to host Personal Data provided to Grain in connection with use of the Service in data centers located outside the United States. If you are entitled to this notice and do not wish to have your Personal Data hosted in such other country or territory, you may terminate your subscription and account with immediate effect upon written notice to Grain within thirty (30) days of your receipt of such notice.
Why it helps: You receive advance notice if your Personal Data might be hosted outside the US, giving you the option to terminate your subscription and account if you object to the change.
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. If You are entitled to this notice and do not wish to have Your Personal Data hosted in data centers located in such other country or territory, You may terminate Your Subscription and Your Account with immediate effect upon written notice to Grain within thirty (30) days or Your receipt of such notice.
**3. DATA PRIVACY AND SECURITY; CONFIDENTIALITY**, paragraph 6 · Citation strength: strong
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