Terms of Service

01 The Service

Whitewater OS is a multi-tenant, subscription software service for running a business: projects and tasks, structured meetings, scorecards and metrics, goals and priorities, organizational charts, recurring work, and AI-assisted features. We host and operate the Service; you and your Authorized Users access it over the internet. We may improve, add, or modify features over time; we will not materially degrade the core functionality of your paid plan during a subscription period without notice.

02 Accounts and security

To use the Service you need an account with a verified email address. You may sign in with email and password, a supported identity provider (Google, Microsoft, or GitHub), or passkeys. You agree to: (a) provide accurate registration information and keep it current; (b) keep credentials confidential and not share accounts; (c) be responsible for activity under your account; and (d) notify us promptly at [email protected] of any suspected unauthorized use. We may require re-verification before security-sensitive actions. You must be at least 16 years old to use the Service.

03 Organizations and administrator authority

Each workspace belongs to an Organization. Organization administrators (including the roles the Service designates as admin or higher) control the Organization: they invite and remove Authorized Users, set roles and per-member permissions, configure features, manage the subscription, export the Organization's data, and can archive (delete) the Organization.

By using the Service as a member of an Organization, you acknowledge that: (a) content you create in that Organization's workspace is the Organization's business record, controlled by the Organization; (b) the Organization's administrators can access, modify, export, and delete workspace content, subject to the Service's permission model; and (c) if your membership ends, the Organization keeps its records, with your personal identity removable as described in the Privacy Policy.

The Customer is responsible for its Authorized Users' compliance with these Terms and for the lawfulness of the data it and its Authorized Users put into the Service.

04 Subscriptions, trials, and billing

4.1 Trial. New Organizations receive a 30-day free trial of the Pro plan. No payment method is required to start. If you subscribe during the trial, paid service (and billing) starts immediately upon checkout. If the trial ends without a subscription, the Organization enters read-only mode: existing data remains visible and exportable, but changes are disabled until a subscription is active. We do not delete data for non-subscription or non-payment.

4.2 Plans and fees. The Pro plan is $19.99 per seat per month (current pricing is always stated at checkout and in the product's billing settings). A seat is an active member of your Organization; your subscription quantity is set from your live member count at checkout and updated as your membership changes, so your invoice reflects your actual seats (mid-cycle changes may be prorated by our payment processor). Enterprise plans (including SLAs and custom terms) are available by contacting sales; where an Enterprise agreement conflicts with these Terms, the Enterprise agreement controls.

4.3 Payment processing. All payments are processed by Stripe through Stripe-hosted checkout and billing-portal pages. Your card details are provided directly to Stripe and never touch our servers. You authorize recurring charges for your subscription and any consented metered usage. You are responsible for applicable taxes, which will be added where required.

4.4 Metered AI usage. Each plan includes an AI usage allowance (stated in the product's billing settings). By default, when your Organization reaches its included allowance, AI features stop: you are never billed for overage unless an Organization administrator has expressly enabled overage billing. With overage enabled, usage beyond the allowance is metered per usage event and billed through Stripe in arrears at the rates stated in the product. We may apply platform-level usage limits to protect the Service; if a legitimate need exceeds them, contact us.

4.5 Price changes. We may change prices or included allowances with at least 30 days' notice to Organization administrators. Changes take effect at your next billing period after the notice period; continued use after that constitutes acceptance. Price changes never apply retroactively.

4.6 Cancellation and refunds. You may cancel at any time through the billing portal. Cancellation takes effect at the end of the current billing period: you keep paid access until then, and the Organization then enters read-only mode. Fees are non-refundable (we do not prorate partial periods) except where required by law or where we choose, in our sole discretion, to issue a refund. Metered usage already incurred is billed regardless of cancellation.

4.7 Non-payment. If payment fails and is not cured, the Organization enters read-only mode. We do not delete data for non-payment; deletion happens only as described in Section 11.

05 Acceptable use

You will not, and will not permit anyone to:

• use the Service to store, transmit, or process content that is unlawful, infringing, defamatory, or that violates the rights (including privacy and intellectual-property rights) of others;
• use the Service to develop or transmit malware, conduct phishing, or engage in fraud;
• probe, scan, or test the vulnerability of the Service, bypass authentication or tenant isolation, or access another Organization's data;
• abuse the AI features, including attempting to circumvent usage limits or safety measures, using them to generate unlawful or harmful content, or using them in violation of Anthropic's usage policies applicable to the underlying models;
• scrape, harvest, or bulk-extract data from the Service other than through your own Organization's export features;
• resell, sublicense, rent, or provide the Service to third parties as a service bureau, or use it to build a competing product;
• interfere with the Service's operation or impose an unreasonable load on its infrastructure;
• misrepresent your identity or affiliation, or send spam or unsolicited messages through Service features (including invitations and notification emails).

We may suspend access (of an Authorized User or an Organization) where reasonably necessary to address a violation of this section, a security risk, or a legal requirement. Where practicable, we will notify you and work with you to restore access promptly.

06 Customer content and intellectual property

6.1 Your content. As between you and Whitewater, the Customer owns all data, files, and content that it and its Authorized Users submit to the Service ("Customer Content"). You grant Whitewater a limited, non-exclusive license to host, store, process, transmit, and display Customer Content solely as needed to provide, secure, and support the Service (including processing through the subprocessors identified in the Privacy Policy, such as sending AI-feature content to Anthropic when AI features are used). We acquire no other rights in Customer Content, and we do not use it for advertising or to train AI models.

6.2 Our IP. Whitewater owns the Service, its software, design, and documentation, and all related intellectual property. We grant the Customer a limited, non-exclusive, non-transferable right for its Authorized Users to access and use the Service during the subscription term, subject to these Terms. No rights are granted except as expressly stated.

6.3 Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you. (In-product response ratings on AI answers are feedback under this section.)

6.4 Export. Organization administrators can export the Organization's data from the Service at any time while it is accessible (including in read-only mode).

6.5 Publicity. We may identify the Customer by name and logo in our customer lists and marketing materials, consistent with any brand guidelines the Customer provides. The Customer may revoke this permission at any time by notice to [email protected]. Revocation applies prospectively: we will stop new uses promptly and remove the Customer from our website and digital customer lists within a commercially reasonable time, but we are not required to recall materials already distributed.

07 AI features

The Service includes AI-powered features (an assistant and coach personas) built on large language models provided by Anthropic. You understand and agree that:

• AI output is informational, not professional advice. It may be inaccurate, incomplete, or outdated despite appearing confident. It is not business, legal, financial, tax, medical, or other professional advice, and no output creates an advisor-client relationship. You are responsible for evaluating AI output and for all decisions and actions you take based on it.
• The AI assistant operates under the requesting user's own permissions and requires explicit user confirmation before making changes to workspace data. You are responsible for changes you confirm.
• AI-generated output may be similar to output generated for others; to the extent we hold any rights in output generated for you, we assign them to the Customer, subject to Anthropic's terms applicable to the underlying models.
• AI usage is subject to your plan's allowance and the metered-billing rules in Section 4.4, and to reasonable platform limits.
• Content submitted to AI features is processed as described in the Privacy Policy.

08 Third-party services

The Service interoperates with third-party services: Stripe for payments, and Google, Microsoft, or GitHub if you choose social sign-in. Your use of a third-party service is governed by that provider's own terms and privacy policy. We are not responsible for third-party services, but we are responsible for our subprocessors' handling of your data as described in the Privacy Policy.

09 Availability and support

We operate the Service with commercially reasonable skill and care, including redundant multi-region database infrastructure, continuous monitoring, and alerting. However, the Pro plan is provided without a service-level agreement: we do not guarantee uninterrupted or error-free operation, and scheduled or emergency maintenance may cause downtime. Contractual uptime commitments (SLAs) are available on Enterprise plans via contact-sales.

Support is provided in English via [email protected] and the in-product help and support-ticket features, during reasonable business hours, on a commercially reasonable basis.

10 Term, suspension, and termination

10.1 Term. These Terms apply from your first acceptance and continue while you have an account or an active Organization.

10.2 Termination by you. You may cancel your subscription (Section 4.6), delete your Organization (Section 11), or request account erasure (Privacy Policy, Section 9) at any time.

10.3 Termination or suspension by us. We may suspend or terminate access: (a) for material breach of these Terms that is not cured within 14 days of notice (or immediately for breaches that cannot be cured or that create legal exposure or security risk, including violations of Section 5); (b) if required by law; or (c) upon discontinuation of the Service entirely, with at least 90 days' notice and export availability. Non-payment is handled by read-only mode (Section 4.7), not termination.

10.4 Effect of termination. Sections that by their nature should survive (including 4 for accrued fees, 6, 7, 12, 13, 14, 16, and 17) survive termination.

11 Data retention and deletion after termination

We do not delete Organization data on any automatic schedule; deletion occurs on the Customer's explicit request or, after termination, at our discretion as follows. If your subscription ends or the agreement terminates (other than through the Customer's own deletion request), the Organization's data will remain retrievable (in read-only mode, with export available) for at least 90 days after the termination. Beyond that 90-day window, the Organization's data is liable to be deleted at any time at our discretion; we do not commit to any deletion schedule, and data may be retained until we delete it or the Customer requests deletion. If we discontinue the Service entirely, the notice-and-export window in Section 10.3 applies.

If an Organization administrator deletes the Organization, a 30-day restoration window applies, after which the Organization's data (database records, uploaded files, and AI-processing files) becomes eligible for permanent deletion as described in the Privacy Policy; the 90-day guarantee above does not apply to data the Customer has asked us to delete. We may retain billing, audit, and legal-compliance records as described in the Privacy Policy.

12 Warranty disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHITEWATER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT AI OUTPUT WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA (EXCEPT FOR DATA-DELETION OBLIGATIONS WE EXPRESSLY UNDERTAKE), EVEN IF ADVISED OF THE POSSIBILITY; AND (b) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE FEES THE CUSTOMER PAID TO WHITEWATER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (ii) ONE HUNDRED US DOLLARS ($100).

THE CAP IN (b) DOES NOT APPLY TO: THE CUSTOMER'S PAYMENT OBLIGATIONS; A PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 14; OR A PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INFRINGEMENT OF THE OTHER PARTY'S INTELLECTUAL-PROPERTY RIGHTS. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14 Indemnification

The Customer will defend, indemnify, and hold harmless Whitewater and its members, officers, and employees from and against any third-party claim, and resulting damages, costs, and reasonable attorneys' fees, arising from: (a) Customer Content, including claims that it infringes or misappropriates third-party rights or violates law; (b) the Customer's or its Authorized Users' use of the Service in violation of these Terms or law; or (c) decisions or actions taken in reliance on AI output. We will promptly notify you of any such claim and reasonably cooperate (at your expense); you may control the defense with counsel of your choosing, provided you do not settle in a way that imposes obligations on us without our consent.

15 Changes to these Terms

These Terms are versioned, and your acceptance of a specific version is recorded in the Service. We may update the Terms as the Service and the law evolve. For material changes, we will give Organization administrators at least 30 days' notice by email or in-product notice, and the Service will present the updated Terms for re-acceptance at sign-in. If you do not accept a materially updated version, you may not continue to use the Service; your remedy is to cancel (Section 4.6) and export your data (Section 11). Non-material changes (such as clarifications and typo fixes) may take effect on posting with the version history reflecting them.

16 Export controls and sanctions

You represent that you and your Organization are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive US sanctions, and are not on any US government restricted-party list (including the OFAC SDN list). You will not use, export, or re-export the Service in violation of US export-control or sanctions laws.

17 Governing law and dispute resolution

17.1 Governing law. These Terms are governed by the laws of the State of Georgia, USA, excluding its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of Sections 17.3–17.6.

17.2 Informal resolution first. Before starting arbitration or filing suit, the complaining party will send written notice describing the dispute, and the parties will attempt in good faith to resolve it within 30 days.

17.3 Binding individual arbitration. Except as provided in Sections 17.4 and 17.5, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including its expedited procedures where they apply), before a single arbitrator. The seat of arbitration is DeKalb County, Georgia; hearings may be conducted by videoconference where the rules allow. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator decides all issues, except that a court of competent jurisdiction decides the enforceability of the class-action waiver in Section 17.6.

17.4 Carve-outs. Either party may (a) bring an individual claim in small-claims court if it qualifies there, and (b) seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

17.5 30-day opt-out. You may opt out of the arbitration agreement (Section 17.3) and the class-action waiver (Section 17.6) by emailing [email protected] within 30 days of your first acceptance of these Terms, stating your Organization name, your account email, and that you opt out of arbitration. Opting out does not affect any other provision of these Terms.

17.6 Class-action waiver. All disputes must be brought in the parties' individual capacities only, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding; the arbitrator may not consolidate claims of different parties or preside over any form of class or representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim (and only that claim) will proceed in court under Section 17.7 rather than in arbitration.

17.7 Court proceedings. Any dispute not subject to arbitration (because a party validly opted out, a carve-out applies, or Section 17.6 is held unenforceable as to a claim) will be brought exclusively in the state or federal courts located in or serving DeKalb County, Georgia, and each party consents to the personal jurisdiction and venue of those courts. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL in any such proceeding to the extent permitted by law.

18 General

• Entire agreement. These Terms, the Privacy Policy, and any Enterprise agreement (if applicable) are the entire agreement about the Service and supersede prior discussions. Terms on a Customer purchase order or vendor form do not apply unless we sign them.
• Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all assets with notice to us. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Independent parties. The parties are independent contractors; these Terms create no partnership, joint venture, or agency.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (including internet or infrastructure-provider outages, acts of God, war, or government action), except for payment obligations.
• Notices. We give notice to Organization administrators' account emails or in-product; you give notice to [email protected]. Email notice is effective when sent.
• Severability; waiver. If a provision is unenforceable, it will be reformed to the minimum extent necessary and the rest remains in effect. A failure to enforce is not a waiver.
• Headings and summaries. The "In plain language" summaries are aids to readability; the full text of each section controls.

Whitewater Intelligence LLC · 2965 Flowers Rd S, Suite 250, Chamblee, GA 30341, USA · [email protected]