Terms of Service

Contents

FetchInsights terms of service (the “Terms”) are a legal contract between Advalis Inc., a Delaware corporation with its principal place of business at 3500 S. Dupont Hwy, Dover, DE 19901 (“FetchInsights”, “we” or “us”) and the person or entity executing these Terms (“you” or “your”). If you are a business (or an employee or representative of a company, business, or legal partnership), a law, accounting, or other professional services firm (or a partner, member, shareholder, employee, associate, counsel, or the client of a Professional Service Firm or Professional Filer who is authorized to use the Service (defined below) for your own account or benefit (“Client User”), you accept these provisions and the term “you” will refer to you (including you as the Professional Service Firm or Professional Filer), your business, company or partnership, or you as the Client User.

The Terms explain how you are permitted to use the FetchInsights Client Advisory Services (CAS) software and analytics platform provided by and through our cloud-based software platform and our website located at the URL https://fetchinsights.com/ (collectively, the “Site”). These Terms also govern your use of all the software, video, text, data, information, graphics, proprietary content, and more (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well …

These Terms are effective as of the date that you first click the “I Agree” box or otherwise accept the Terms and proceed to use the Service.

BY CLICKING THE “I AGREE” BOX OR OTHERWISE ACCEPTING THE TERMS AND PROCEEDING OR BY USING THE SERVICE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCEPT THE TERMS OR ACCESS OR OTHERWISE USE THE SERVICE.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS.

1. The Service

FetchInsights provides a cloud-based software platform that delivers Client Advisory Services (CAS) solutions to accounting firms, CPA firms, and professional service providers. Our software provides benchmarks, valuations, industry insights, and financial analysis tools to support professional firms in offering data-driven advice to their clients. FetchInsights does not provide financial, legal, or regulatory compliance services.

The Service delivers business intelligence insights but does not guarantee the accuracy, completeness, or timeliness of the provided benchmarks, financial reports, or valuation assessments. Users of the Service are responsible for interpreting the data and making independent business decisions. FetchInsights is not liable for any business outcomes, decisions, or actions taken based on the use of the Service.

The Service itself cannot and is not intended to provide financial, legal, or regulatory guidance or advice. Please consult a qualified professional before making business or financial decisions. THE CONTENT ON THE SITE AND THE SERVICE ARE NOT AND SHOULD NOT BE CONSIDERED LEGAL, FINANCIAL, OR BUSINESS ADVICE OR A SUBSTITUTE FOR OBTAINING PROFESSIONAL GUIDANCE FROM A QUALIFIED EXPERT.

2. Modifications

(a) Modifications to the Terms. FetchInsights can change, update, add, or remove provisions of these Terms at any time by prompting you to accept an updated or new version of these Terms. If you do not agree with any of the updated Terms, you must stop using the Service. If you stop using the Service and have prepaid for unused reports, you may contact FetchInsights to discuss your objections to the updated Terms and how to obtain a refund. In lieu of a refund, FetchInsights may instead agree that the Terms you originally agreed to will continue to apply to your use of the Service for those prepaid reports and that you have no further right to use the Service once those prepaid reports are exhausted.

(b) Changes and Updates to the Service. FetchInsights may make changes to the Service at any time, without notice. If you object to any changes to the Service, your sole recourse will be to cease using it. We also reserve the right to discontinue the Service at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Service.

(c) New Features. Certain features of the Service may be subject to additional terms of service, which shall be presented to you when you select such features. By accepting such terms or using the features, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such areas conflict with these Terms, the additional terms will govern.

3. Privacy; Data Processing Addendum

FetchInsights respects your privacy. Please review our Privacy Policy at https://fetchinsights.com/privacy-policy, which explains how we collect, use, and protect your data.

The Data Processing Addendum (DPA) is incorporated by reference into these Terms and governs our handling of personally identifiable information. FetchInsights may update the DPA provided that our obligations shall not be materially diminished except as required by applicable law.

4. Users of the Service

(a) Professional Firms. If you are an accounting firm, CPA firm, or another professional service provider using the Service to analyze client data, you are responsible for ensuring compliance with all applicable laws and regulations.

(b) Client Users. If you are a business utilizing FetchInsights directly, you acknowledge that the insights provided by FetchInsights are for informational purposes only.

FetchInsights disclaims any liability related to the accuracy, completeness, or interpretation of its data.

5. Use of the Service

(a) Grant of Limited License. FetchInsights grants you a non-exclusive, non-transferable, revocable license to use the Service for business intelligence and related services purposes only.

(b) Restrictions. You may not:

  • Copy, modify, or distribute the Service for commercial use.
  • Reverse engineer or attempt to access FetchInsights’ proprietary algorithms.
  • Use the Service in violation of any applicable laws.

6. Purchases and Refunds

All purchases made through FetchInsights are final and non-refundable unless explicitly stated otherwise in our refund policy. Requests for refunds must be received prior to utilizing the Service.

7. Payments

You agree to pay all applicable fees for the Service. FetchInsights reserves the right to suspend your accounts for firms if payment is not received in a timely manner. Access for clients may be granted or revoked at the discretion of their firm.

8. Rules of Conduct

By using the Service, you agree not to:

  • Use the Service for fraudulent or misleading purposes.
  • Attempt to access another user’s data without permission. Interfere with the proper functioning of the Service.
  • Violate any laws while using FetchInsights.

FetchInsights reserves the right to suspend accounts violating these rules.

9. Feedback

(a) Submission of Feedback

FetchInsights welcomes feedback, comments, suggestions, ideas, enhancement requests, or other communications regarding our Service (“Feedback”). By submitting Feedback, you acknowledge and agree that:

  • You are voluntarily providing the Feedback without any expectation of compensation, reimbursement, or recognition.
  • FetchInsights has the unrestricted right to use, modify, and implement the Feedback without any obligation to notify or compensate you.
  • Any Feedback you provide is not confidential and does not constitute proprietary information.

(b) License Grant to FetchInsights

By submitting Feedback, you grant FetchInsights a perpetual, irrevocable, worldwide, royalty-free, and fully transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and commercialize the Feedback in any manner, for any purpose, without restriction.

FetchInsights reserves the right to implement or reject Feedback at its sole discretion. We are under no obligation to act on any suggestions or to credit you in any form.

(c) Responsibility for Submitted Feedback

When submitting Feedback, you represent and warrant that:

  • Your Feedback does not contain confidential or proprietary information belonging to third parties.
  • You have all necessary rights to share the Feedback with FetchInsights.
  • The Feedback does not violate any intellectual property rights, privacy rights, or other legal rights of any third party.

(d) No Compensation or Recognition

You acknowledge that FetchInsights is not required to provide financial compensation, acknowledgment, or attribution for any Feedback submitted. Any decisions regarding the implementation of Feedback into the Service are made solely by FetchInsights.

(e) Community and Public Contributions

If you voluntarily share your experiences, insights, or testimonials about FetchInsights through social media, public forums, or other communication channels, you agree that FetchInsights may use such publicly shared information for promotional, marketing, or service improvement purposes.

10. Intellectual Property Rights

(a) Ownership of Content and Service.

All materials, software, technology, content, and data provided through the FetchInsights platform, including but not limited to proprietary algorithms, analytical insights, graphics, text, user interface design, scripts, and trademarks (collectively, the “Intellectual Property”), are owned exclusively by FetchInsights, its affiliates, or its licensors. All rights, title, and interest in the Intellectual Property remain with FetchInsights.

You acknowledge that these Terms do not grant you any ownership rights, nor do they provide you with any license or permission to use FetchInsights’ name, trademarks, service marks, logos, domain names, or other proprietary materials without prior written consent. Any unauthorized use, reproduction, distribution, or modification of the Service, including but not limited to data extraction or automated scraping of insights, benchmarks, or reports, is strictly prohibited.

(b) Limited License to Use the Service.

FetchInsights grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for lawful business purposes in accordance with these Terms. This license does not allow you to:

  • Copy, reproduce, republish, distribute, or sell any part of the Service or any Materials within the Service;
  • Modify, translate, adapt, merge, disassemble, decompile, reverse engineer, or create derivative works based on any aspect of FetchInsights’ proprietary software or analytical tools;
  • Remove any copyright, trademark, or other proprietary notices from any portion of the Service.

FetchInsights reserves the right to revoke this license at any time if you violate these Terms.

(c) User-Provided Content.

Any data, insights, or materials that you input into FetchInsights’ platform remain your property. However, by submitting any content, you grant FetchInsights a non-exclusive, worldwide, royalty-free license to store, analyze, process, and use the data solely to provide and improve its services.

11. Term and Termination

(a) Term of Agreement.

These Terms commence on the date you accept them and continue in effect while you use the Service or until terminated by either party.

(b) Termination by FetchInsights.

FetchInsights reserves the right to suspend, deactivate, or permanently terminate your account and access to the Service at its sole discretion, with or without cause, and with or without prior notice, if:

You violate any provisions of these Terms;

  • Your use of the Service poses a security risk, legal liability, or potential harm to FetchInsights or other users;
  • You fail to make timely payments for any subscription or service fees owed.

(c) Termination by You.

You may terminate your account at any time by contacting FetchInsights via the customer support page or by discontinuing use of the Service. Any prepaid fees or charges will not be refunded upon termination unless otherwise specified in a separate agreement.

(d) Effects of Termination.

Upon termination:

  • All licenses granted to you under these Terms will automatically end;
  • You must immediately cease all use of the Service;
  • FetchInsights may delete any stored data related to your account, subject to applicable legal retention requirements.
  • Certain sections of these Terms, including Intellectual Property Rights, Disclaimers, Limitation of Liability, and Indemnification, shall survive termination.

12. Links to Third-Party Sites

The FetchInsights platform may contain links to third-party websites, services, or applications (“Third-Party Sites”). These links are provided for convenience only, and FetchInsights does not endorse, control, or assume responsibility for any content, policies, or practices of Third-Party Sites.

By accessing a Third-Party Site through the Service, you acknowledge that:

  • FetchInsights is not responsible for any damages, losses, or issues arising from your use of Third-Party Sites;
  • Any interactions, purchases, or transactions made through Third-Party Sites are solely between you and the third party;
  • You are responsible for reviewing and complying with the terms and conditions of any Third-Party Site you visit.

FETCHINSIGHTS DISCLAIMS ANY LIABILITY ARISING FROM YOUR USE OF THIRD-PARTY SITES.

13. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) Service Provided “As Is”.

The FetchInsights Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise. FetchInsights makes no warranties that:

  • The Service will meet your specific business needs or expectations;
  • The Service will be available at all times, uninterrupted, secure, or error-free;
  • Any insights, reports, or recommendations provided by the Service will be accurate, complete, or reliable;
  • Any errors in the Service will be corrected.

(b) No Financial or Business Guarantees.

FETCHINSIGHTS MAKES NO GUARANTEES THAT THE USE OF THE SERVICE WILL RESULT IN IMPROVED BUSINESS PERFORMANCE, REVENUE, OR CLIENT OUTCOMES. YOU ARE SOLELY RESPONSIBLE FOR YOUR BUSINESS DECISIONS AND INTERPRETATION OF FETCHINSIGHTS’ DATA.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

FETCHINSIGHTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.

FETCHINSIGHTS’ TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO FETCHINSIGHTS IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

FETCHINSIGHTS IS NOT RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED ON ITS ANALYTICAL TOOLS, REPORTS, OR INSIGHTS.

15. Indemnity

You agree to indemnify, defend, and hold harmless FetchInsights, its affiliates, employees, officers, and directors from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from:

  • Your use of the Service;
  • Your violation of these Terms;
  • Your misuse of FetchInsights data or reports;
  • Any third-party claims resulting from your business decisions based on FetchInsights insights.

16. Local Laws

The Service is designed to comply with applicable laws in the United States. If you access or use the Service from outside the United States, you are solely responsible for ensuring compliance with local laws and regulations.

17. Dispute Resolution and Arbitration; Class Action Waiver

Any disputes between you and FetchInsights shall be resolved through binding arbitration in the State of Delaware.

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

18. Electronic Communications

By using FetchInsights, you consent to receive electronic communications from us, including updates, legal notices, and other important information.

  1. Consumer Notice

California residents may contact the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834 for further consumer rights information.

20. General

These Terms constitute the entire agreement between you and FetchInsights regarding your use of the Service.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

FetchInsights may assign its rights under these Terms without restriction.