Terms of Service

1. Agreement and Eligibility

These Terms of Service (the "Terms") are an agreement between you and ExecuFunction Inc. ("ExecuFunction," "we," "us," or "our"), the company that provides Siftable. "Siftable" is the product and service name. These Terms govern your access to and use of Siftable's software, websites, APIs, command-line tools, integrations, agent interfaces, and related services (collectively, the "Services").

By creating an account, clicking to accept these Terms, or using the Services, you agree to these Terms. If you do not agree, do not use the Services. Our Privacy Policy explains how we handle personal information; it is a notice, not part of these Terms unless applicable law provides otherwise.

You must be at least 18 years old and legally able to enter into this agreement. If you use the Services for a company or other organization, you represent that you have authority to bind that organization. In that case, "you" includes the organization.

2. The Siftable Service

Siftable provides software for organizing, retrieving, analyzing, and acting on information. Available features may include workspaces, tasks, calendars, projects, notes, contacts, datasets, AI-assisted workflows, APIs, command-line tools, integrations, and agent interfaces. The exact features available to you depend on your plan, configuration, location, and the features we make available.

Subject to these Terms and any applicable order or plan limits, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the applicable subscription or access period. You may use the Services only for your own internal personal or business purposes.

3. Accounts and Organizations

You must provide accurate account information and keep it current. You are responsible for safeguarding your credentials, personal access tokens, connected accounts, and devices, and for activity performed through your account unless caused by our breach of these Terms. Notify us promptly at security@execufunction.com if you believe your account has been compromised.

Organizations may authorize users to access a shared workspace. The organization is responsible for its authorized users and for configuring their access. An organization's administrators may manage the workspace, access or control content in it, change permissions, and remove users. If you join an organization-owned workspace, the organization's agreement and instructions may affect your use of that workspace.

4. Third-Party Services and Integrations

The Services may interoperate with third-party products that you choose to connect, such as calendar, identity, code-hosting, model-provider, or collaboration services. Your use of a third-party service is governed by your agreement with its provider. By enabling an integration, you authorize us to exchange data with that provider as needed to perform the functionality you request.

You are responsible for having the rights and permissions needed to connect each account and provide its data to Siftable. We do not control third-party services and are not responsible for changes to or unavailability of those services. You can disconnect supported integrations through the Services or the third-party provider, subject to the data-handling details in our Privacy Policy.

5. AI Features and Automated Actions

The Services use artificial intelligence and may send your instructions and relevant context to AI model providers to generate responses or perform requested work. In response to your Input, AI features may generate Output (both defined in Section 6.1). When you enable automation or an agent, the Services may also take actions on your behalf, including changing records or interacting with connected services.

AI Output and automated actions can be inaccurate, incomplete, delayed, or unexpected. You are responsible for choosing appropriate permissions and approval settings, reviewing Output and actions as appropriate for your use case, and deciding whether to rely on them. Do not use the Services as a substitute for qualified legal, medical, financial, or other professional advice. Do not use them where a failure or error could reasonably cause death, personal injury, or serious physical or environmental harm.

You authorize us to perform the actions you request or configure. You remain responsible for having authority to act on any data, account, or third-party system involved.

6. Customer Content, Input, Output, and Usage Data

6.1 Definitions and Ownership

"Customer Content" means Input, Output, and other information you or your authorized users submit to, store in, import into, or generate through the Services, including tasks, notes, contacts, datasets, documents, project records, and connected-service data. "Input" means prompts, instructions, queries, and other material you submit to AI features. "Output" means information, recommendations, classifications, code, or other material AI features generate for you in response to Input.

You retain your rights in Customer Content. As between you and ExecuFunction, and to the extent permitted by applicable law, you own Output generated for you. AI systems may produce the same or similar Output for different users, and Output generated for another user is not your Output. We do not represent that Output is eligible for intellectual-property protection or that it does not infringe another person's rights.

6.2 License to Operate the Services

You grant us a worldwide, non-exclusive, limited license to host, copy, transmit, display, modify, and otherwise process Customer Content, including Input and Output, only as needed to provide, secure, maintain, and support the Services; follow your instructions; comply with law; and enforce these Terms. This license ends when the relevant Customer Content is deleted from active systems, except to the extent we must retain it for legal, security, backup, or integrity purposes.

You represent that you have the rights, permissions, notices, and lawful basis needed to provide Input and other Customer Content to us and authorize our processing of Customer Content, including Input and Output, as described in these Terms and the Privacy Policy.

6.3 No AI Training

We do not use Customer Content, Input, or Output to train our machine-learning models or general-purpose third-party AI models. We use AI providers under business terms or settings intended to prevent provider training on this data. If you connect your own model-provider account, that provider's terms and your account settings govern its processing.

6.4 Usage Data

"Usage Data" means technical and operational data about how the Services are accessed and perform, such as feature events, request volume, latency, token consumption, device and browser information, error data, and security events. Usage Data does not include the substance of Customer Content, Input, or Output. We may use Usage Data to operate, secure, support, analyze, and improve the Services and may disclose it in aggregated or de-identified form that does not reasonably identify you.

7. Siftable Intellectual Property and Feedback

We and our licensors own the Services, including the software, interfaces, APIs, documentation, designs, trademarks, and related technology. Except for the limited right to use the Services under these Terms, no rights are granted to you.

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation. Feedback does not include Customer Content or your confidential information.

8. Acceptable Use

You may not use the Services to:

• violate law or another person's rights;
• access an account, system, or data without authorization;
• upload malware or other harmful code;
• interfere with, disrupt, probe, or bypass the security or operation of the Services;
• evade usage, billing, rate, or access limits;
• scrape or access the Services through automated means except through interfaces we expressly permit;
• send spam, abuse, harassment, or deceptive communications;
• misuse an integration, credential, connected service, or automated action;
• reverse engineer the Services except to the extent the law does not permit this restriction;
• resell, sublicense, or make the Services available to third parties without our written permission; or
• use the Services or Output to build or train a competing model or service, except with our written permission.

9. Fees, Billing, Renewal, and Cancellation

Some Services are free and others require a paid membership, usage funding, or both. Prices, included capacity, billing intervals, usage rates, and other commercial terms shown at purchase or in an order form are incorporated into these Terms. You authorize us and our payment processor to charge your selected payment method for amounts you approve, including recurring membership fees, taxes, one-time wallet funding, and opt-in automatic wallet recharges.

Paid memberships renew automatically for successive periods of the same length unless you cancel before the next renewal date. You may manage or cancel a subscription through the billing portal made available in the Services. Cancellation takes effect at the end of the current paid period unless we state otherwise at the time of cancellation.

Managed usage is charged against the applicable personal or organization USD usage wallet. Longer or variable-cost work may reserve a disclosed maximum before it runs, settle the actual charge afterward, and release any remainder. Organization funds are used before personal funds when the product indicates that order, and we require your authorization before eligible organization work uses personal funds. Purchased wallet funds roll forward while the account remains active. Promotional funds expire at the end of the stated grant period and have no cash value.

Except where required by law or expressly stated otherwise, fees are non-refundable and we do not provide credits for partial billing periods. We may change prices prospectively. We will provide advance notice of a price increase that affects an automatically renewing paid membership, and the new price will apply no earlier than the next renewal period after the notice.

10. Privacy and Data Processing

Our Privacy Policy describes how we collect, use, disclose, retain, and protect personal information. Available account controls let you export your account data, request account deletion, and restrict AI processing, and we keep records of the consents you give. If you and ExecuFunction sign an order form, data processing agreement, security addendum, or other agreement covering the Services, that document applies according to Section 18.8 below.

11. Service Changes

We may add, change, limit, or discontinue features. We will use reasonable efforts to provide advance notice when a change materially reduces the core functionality of a paid Service you are using, unless notice is impracticable because of a security issue, legal requirement, third-party dependency, or emergency. This section does not give us the right to reduce commitments in a separately signed agreement.

12. Suspension and Termination

You may stop using the Services at any time. You may cancel a paid membership as described in Section 9 and may request account deletion through available account controls or by contacting us.

We may suspend or limit access if we reasonably believe: you breached these Terms; your use creates a security, legal, payment, or operational risk; your account is compromised; suspension is needed to protect another customer or a third-party provider; or the law requires it. When reasonable, we will notify you and work to restore access after the issue is resolved.

We may terminate these Terms or your account for a material breach that is not cured after notice, or immediately for unlawful conduct, abuse, a serious security risk, or repeated violations. We may also discontinue the Services, in which case we will provide reasonable notice when practicable.

The Privacy Policy describes how we handle account deletion. Under these Terms, shared organization data, billing and transaction records, de-identified data, security records, backups, limited dataset or resumable-work evidence, and information we must retain for legal or integrity purposes may survive account deletion. Sections that by their nature should survive termination do survive, including Sections 6, 7, 9, and 13 through 18.

13. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES OR OUTPUT WILL BE ACCURATE, COMPLETE, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT CUSTOMER CONTENT WILL NEVER BE LOST. Nothing in these Terms excludes a warranty that cannot lawfully be excluded.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXECUFUNCTION'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS YOU PAID TO EXECUFUNCTION FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply to all theories of liability and even if a limited remedy fails of its essential purpose. They do not limit liability that cannot lawfully be limited.

15. Indemnification

You will defend, indemnify, and hold harmless ExecuFunction and its affiliates, officers, directors, employees, and agents from third-party claims, damages, losses, and reasonable legal fees arising from: (a) Customer Content; (b) your unlawful or unauthorized use of the Services; (c) your violation of another person's rights; or (d) your material breach of these Terms. We will give you prompt notice and reasonable cooperation. You may not settle a claim in a way that admits fault by or imposes obligations on us without our written consent. We may participate in the defense with counsel of our choice at our own expense.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware and applicable United States federal law, without regard to conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services, and each party consents to their personal jurisdiction and venue. Either party may seek injunctive or other equitable relief in any court with jurisdiction to protect its intellectual-property, confidential-information, or security interests.

17. Changes to These Terms

We may update these Terms. Immaterial changes, such as corrections or clarifications, may take effect when posted. For changes that materially affect your rights or obligations, we will provide direct notice by email, in-product message, or another reasonable method before the change takes effect. Material changes apply prospectively. We may require you to accept revised Terms before continuing to use the Services.

If you do not agree to revised Terms, you must stop using the Services and cancel any paid membership before the changes take effect. Changes to these public Terms do not override a separately signed agreement.

18. General Terms

18.1 Notices

We may send notices to the email address associated with your account, through the Services, or by posting them on our website when these Terms permit posting. Legal notices to us must be sent to legal@execufunction.com.

18.2 Assignment

You may not assign these Terms without our written consent. We may assign them in connection with a merger, reorganization, sale of assets, financing, or by operation of law.

18.3 Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.

18.4 Severability and Waiver

If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver.

18.5 No Agency or Third-Party Beneficiaries

These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship. There are no third-party beneficiaries.

18.6 Export Controls

You may not use the Services in violation of United States export-control or sanctions laws. You represent that you are not prohibited from receiving the Services under those laws.

18.7 Entire Agreement

These Terms and any documents expressly incorporated into them are the entire agreement between you and us about the Services and replace prior or contemporaneous agreements on that subject, except for a separately signed agreement.

18.8 Order of Precedence

If an order form or other agreement signed by ExecuFunction expressly governs your use of the Services, that agreement controls to the extent of a conflict with these Terms. A data processing agreement controls for its subject matter. An order form controls commercial details for the Services it purchases. These Terms otherwise control.

19. Contact

Questions about these Terms may be sent to legal@execufunction.com or hello@execufunction.com.