Terms of Service

Last Updated: September 12, 2024

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Flyoverworks Inc. DBA Cultivate Labs (https://cultivatelabs.com)

When we say “Service”, we mean ARC (Analyst Research Companion), whether delivered within a web browser, desktop application, mobile application, or another format.

When we say “You” or “your”, we are referring to the people or organizations that own an account on ARC.

We may update these Terms of Service ("Terms") in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account.

Account Terms

  1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You may not use the Services for any purpose outlined in the use restrictions (Appendix), and you may not permit any of your users to do so, either.
  3. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
  4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payments, Refunds, and Plan Changes

  1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
  2. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
  4. Refunds may be granted on a case by case basis. Please contact [email protected] with your request.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. Within the Service in your account settings, we provide a simple no-questions-asked cancellation link. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact [email protected]
  2. All of your content will be inaccessible from the Service at the end of the current billing cycle within which you canceled. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
  4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Service for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Service to anyone for any reason at any time. We have this clause because statistically speaking, out of the thousands of accounts on our Service, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

  1. We make a promise to our customers to support our Service. That means when it comes to security, privacy, and customer support, we will continue to maintain any legacy Service. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Service because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
  2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Service itself.

Uptime, Security, and Privacy

  1. Your use of the Service is at your sole risk. We provide this Service on an “as is” and “as available” basis. We do not offer service-level agreements for this service.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Service. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. Please contact [email protected] to report a security incident or threat.
  4. Please see our privacy policy for information about how we use your data, third parties we use to augment our service, and your rights to ask for a copy or removal of your data.
  5. To the extent required by applicable law, as a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act, or in limited circumstances in the event of an emergency request. If a non-US authority approaches us for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If we are audited by a tax authority, we will only share the bare minimum billing information needed to complete the audit.
  6. Under the California Consumer Privacy Act (“CCPA”), Cultivate Labs is a “service provider”, not a “business” or “third party”, with respect to your use of the Service. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms, and our privacy policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use the Company’s Service in a way that violates the regulations.
  7. Cultivate Labs will process Personal Data in accordance with the GDPR requirements directly applicable to Cultivate Labs’ provision of the Service.

Copyright and Content Ownership

  1. All content posted on the Service must comply with U.S. copyright law.
  2. You give us a limited license to use the content posted by you and your users in order to provide the Service to you, but we claim no ownership rights over those materials. All materials you submit to the Service remain yours.
  3. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The Company or its licensors own all right, title, and interest in and to the Service, including all intellectual property rights therein, and you obtain no ownership rights in the Service as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us at [email protected] requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of the Company.

Features and Bugs

  1. We design our Service with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Service will meet your specific requirements or expectations.
  2. We also test all of our features extensively before shipping them. As with any software, our Service inevitably has some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee a completely error-free Service.

Service Adaptation and API Terms

  1. We may one day offer Application Program Interfaces (“API”s) for our service. Any use of the API, including through a third-party product that accesses the Service, is bound by these Terms plus the following specific terms:
    1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
    2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
    3. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Liability

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

If you have a question about any of these Terms, please contact [email protected]

Appendix: Use Restrictions

Restricted purposes

When you use our Service, you acknowledge that you may not:

  • Collect or extract information and/or user data from accounts which do not belong to you.
  • Circumvent, disable, or otherwise interfere with security-related features of the Service.
  • Trick, defraud, or mislead us or other users, including but not limited to making false reports or impersonating another user.
  • Upload or transmit (or attempt to upload or to transmit) viruses or any type of malware, or information collection mechanism, including 1×1 pixels, web bugs, cookies, or other similar devices.
  • Interfere with, disrupt, or create an undue burden on the Service or the networks or the Service connected.
  • Harass, annoy, intimidate, or threaten others, or any of our employees engaged in providing any portion of the Service to you.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
  • Use the Service in a manner inconsistent with any applicable laws or regulations.

Accounts found to be in violation of any of the above are subject to cancellation without prior notice.

How to report abuse

Violations can be reported by emailing [email protected] and should include detailed information about the account, the content or behavior you are reporting, and how you found it, including URLs or screenshots. If you need a secure file transfer, let us know and we will send you a link. We will not disclose your identity to anyone associated with the reported account.