Terms of Service

Who This Agreement Is Between

This is a contract between:

• Franchise Risk Scanner (Franchise Risk Scanner, based in Plano, Texas)
• You (an individual or an authorized representative of the business or organization using Franchise Risk Scanner, referred to as "Customer")

This agreement starts when you upload a document for processing by the Franchise Risk Scanner AI Platform.

1. Definitions

Here are the key terms we'll use throughout:

• Franchise Risk Scanner AI Platform: The AI-powered DPA Risk Analyzer software service you're purchasing.
• Customer Data: All the information you and your users input into the Franchise Risk Scanner AI Platform.
• Users: You and anyone from your business or organization who uses Franchise Risk Scanner through your account.
• Output: The AI-generated analyses and reports that Franchise Risk Scanner produces in response to your information and requests.
• Third Party LLMs: The external AI language models (like GPT or Claude) that Franchise Risk Scanner uses to generate responses.
• Personal Data: Information that can identify specific people.
• Credits: Prepaid usage entitlements that allow the Customer to perform a specified number of analyses on the Franchise Risk Scanner AI Platform.
• Multi-Analysis Plan: A prepaid plan that includes a defined number of Credits, which may be used over the applicable term as disclosed at checkout.
• Order: The Customer's purchase confirmation, whether via online checkout or written agreement, specifying the services, pricing, and usage limits purchased.
• Checkout: The online purchase flow through which the Customer selects services, pricing, billing terms, and completes payment.

2. What You're Getting

Your Access to Franchise Risk Scanner

Starting on the date you agree to these terms, you can do the following with the Franchise Risk Scanner AI Platform:

• Access and use it for purchased services
• Allow the number of users specified in your order to use it
• Use it for your company's or organization's internal purposes only
• Give access to your affiliated companies

What We'll Do for You

At no extra charge, we'll:

• Provide support and maintenance
• Keep the platform running and available
• Install updates to fix bugs and improve performance
• Provide documentation for using the platform

Changes We Might Make

We may update Franchise Risk Scanner's features at any time, including removing features, as long as these changes don't significantly reduce the platform's overall quality.

3. Payment

Fees and Payment Information

• You'll pay the fees listed in your order or displayed at checkout.
• Keep your billing and payment information up to date.
• IMPORTANT: Fees are non-refundable.

Credits & Usage

If you purchase Credits or a Multi-analysis Plan:

• Credits are prepaid usage entitlements, not legal tender or stored value.
• Credits are consumed when an analysis is successfully processed.
• Credits may expire as disclosed at checkout or in the applicable plan description.
• Unused credits are non-refundable.

Payment Processing (Stripe)

• Payments are processed through Stripe, a third-party payment processor.
• By providing payment information, you authorize Franchise Risk Scanner and Stripe to charge your selected payment method for all applicable fees, taxes, and recurring charges (if applicable).
• Franchise Risk Scanner does not store full payment card details. Stripe processes payment data in accordance with its own terms and privacy policies.
• Your use of Stripe is subject to Stripe's Services Agreement, as amended from time to time.

Failed Payments, Disputes & Chargebacks

• If you don't pay for services, if a payment fails, is reversed, disputed, or is subject to a chargeback, we may decline, suspend, or terminate your access immediately.
• You agree not to initiate a chargeback or payment dispute without first contacting Franchise Risk Scanner in writing to attempt resolution. In any such case, you agree to allow us at least 15 calendar days to investigate and respond in writing to your concerns.
• You are responsible for all chargebacks, reversals, penalties, network fees, and administrative costs imposed by Stripe, card networks, or banks.
• We may submit these Terms of Service, service descriptions, usage logs, timestamps, IP address information, delivery records and communications between us to Stripe or payment networks to contest chargebacks and payment disputes.

Taxes

• The fees don't include sales taxes, VAT, GST, or similar charges—you're responsible for paying those.
• Where required by law (including in the EU and UK), VAT may be collected at checkout based on your billing location and VAT status.
• You agree to provide accurate billing and VAT identification information. Failure to do so may result in VAT being charged at the applicable standard rate.

Price Changes

We can change our pricing at any time without notice to you. If we change pricing, our new prices will be posted on our website. Price changes will not affect the value of your credits for any multi-analysis plans you may have purchased prior to our pricing change. However, for all subsequent purchases, the most current pricing posted on our website will apply.

4. Your Data, Security & Privacy

How We Use Your Data

• We only use your data to provide the Franchise Risk Scanner service you've purchased.
• We send your documents and prompts to third-party AI models (like GPT, Claude or Gemini) to generate responses.
• We encrypt all data when sending it to and from these AI models.
• Your data is NOT used to train the AI models (we've opted out of this with all our AI providers).
• We won't share your data with other Franchise Risk Scanner customers.

Usage Data We Collect

• We track how you use the platform (which features, how often, etc.) to improve the service.
• We use this to fix problems, understand what's working, and personalize your experience.
• We remove identifying information from this data before analyzing it.

Who Owns Your Data

• You own all the data you upload and all the AI-generated outputs.
• We treat your data as confidential.
• You give us permission to use your data only to provide the Franchise Risk Scanner service.

Anonymous data: We can create anonymous statistics from your usage that don't identify you or your company or organization, and we can use these for our business purposes.

How We Protect Your Data

• We maintain industry-standard security measures to protect your information.
• Despite our security measures, we can't guarantee 100% protection against hacking.
• If legally required, we may have to disclose your data to authorities (we'll notify you if this happens).

What We're NOT Responsible For

• The accuracy of information you upload.
• The accuracy of the information our AI-enabled platform generates.
• Your reliance on AI-generated outputs.

European Data Protection (EU/UK)

• Where EU or UK data protection law applies, each party acts as an independent controller, unless otherwise agreed in writing.
• Processing of personal data is governed by our Privacy Policy and any applicable Data Processing Addendum made available on our website.
• You confirm that you have a lawful basis to upload and process any Personal Data submitted to the platform.

Your Personal Information

• We collect personal information (like names, emails, payment details) only as needed to service your account.
• Our privacy policy posted on our website governs how we handle personal data.
• We may update our privacy policy as needed.

5. What You Need to Do (and Not Do)

Acceptable Use

You may NOT:

• Let third parties use your Franchise Risk Scanner access
• Share passwords or let multiple people use one account
• Share non-public features with outsiders
• Try to disable security features
• Use Franchise Risk Scanner to build a competing product
• Copy Franchise Risk Scanner's features or design
• Use bots or scrapers to collect information from Franchise Risk Scanner

If we suspect you're violating these rules, we can suspend your access immediately and take any further action we deem necessary.

Keeping Your Account Secure

• Protect your passwords and login information.
• Tell us immediately if you suspect unauthorized access.
• Try your best to stop any security breaches.

Following the Law

You must comply with all applicable laws when using Franchise Risk Scanner, including privacy and data protection laws.

For Non-Lawyers

If you're not a licensed lawyer or don't work under one's supervision: Don't rely solely on Franchise Risk Scanner's output as legal advice. Always have a qualified lawyer review the output, especially on critical and/or complex transactions.

Responsibility for Users

You're responsible for:

• Everything you and your users do with Franchise Risk Scanner
• Any use of your account, whether you authorized it or not

Your Rights to Upload Content

You confirm that you have the legal right to upload your data and documents to Franchise Risk Scanner and to let us process it as described in this agreement and on our website.

Marketing

We will not use your company name or logo in our marketing materials and website unless you authorize us in writing to do so.

6. Intellectual Property & Feedback

Who Owns What

• Franchise Risk Scanner owns the platform, software, interface, logos, and all related intellectual property.
• You own your uploaded data and the AI-generated outputs.
• This agreement doesn't give you ownership of Franchise Risk Scanner itself—just the right to use it.

Feedback and Suggestions

If you give us unsolicited ideas or suggestions for improving Franchise Risk Scanner:

• We can use them however we want.
• We don't have to keep them confidential.
• We don't have to pay you or credit you.
• They're not considered your trade secrets.

7. Confidential Information

What's Confidential

Confidential information includes:

• Any documents marked "confidential"
• Franchise Risk Scanner's documentation
• Any sensitive, non-public information
• Your customer data

Not Confidential

• Information you already had
• Information you developed independently
• Information that becomes public (not because of a breach)
• Information we approve for release
• Your feedback to us

Keeping Secrets

Both parties agree to:

• Only use confidential information for its intended purpose
• Not share it with employees or contractors unless necessary
• Not share it with third parties without written permission
• Protect it with at least reasonable care

If Required by Law

If required by law, we can disclose confidential information, but we'll notify you first and cooperate if you want to contest the disclosure.

After This Agreement Ends

Confidentiality obligations continue even after the agreement ends. When the agreement terminates, you must return or destroy our confidential information.

8. Promises & Disclaimers

What Franchise Risk Scanner Promises

We promise that:

• We own the Franchise Risk Scanner AI Platform or have the right to license it to you.
• We have the authority to grant you these usage rights.

If we break this promise: We'll either (1) secure your right to keep using Franchise Risk Scanner, (2) modify it to fix the problem, or (3) terminate the agreement and refund unused credits.

What You Promise

You promise that:

• You have the authority to enter this agreement.
• You've given us accurate information about yourself and your business or organization.
• You're an authorized representative of a legitimate business entity if representing one.

Important Disclaimers

EXCEPT AS STATED ABOVE, FRANCHISE RISK SCANNER IS PROVIDED "AS IS" WITH NO WARRANTIES.

This means:

• We don't guarantee Franchise Risk Scanner will be accurate, error-free, or uninterrupted.
• We can't guarantee complete security from hacking.
• We don't promise the outputs will be satisfactory.
• We have no control over the third-party AI models we use.
• Third-party integrations are provided "as is".

Critical Legal Disclaimer

THE AI-GENERATED OUTPUT IS NOT FORMAL LEGAL ADVICE.

• The output provides general information based on your documents.
• It may discuss legal topics but is NOT a substitute for a real lawyer.
• You must have a qualified lawyer review any output before relying on it.
• We're not liable for actions you take (or don't take) based on Franchise Risk Scanner's output.
• You're responsible for all decisions made using AI-generated content, which is probabilistic and should always be verified for accuracy.

9. Who Protects Whom (Indemnification)

We'll Protect You If...

Franchise Risk Scanner will defend you and cover your costs if someone claims your use of Franchise Risk Scanner violates their patent, copyright, or trademark rights.

But not if the claim is caused by:

• Your unauthorized use of Franchise Risk Scanner
• Your modification of the platform
• Your combination of Franchise Risk Scanner with other software we didn't provide

You'll Protect Us If...

You'll defend Franchise Risk Scanner and cover our costs if:

• You misuse the platform or violate these terms
• Content you upload violates someone's copyright, trademark, or privacy rights

We'll Both Protect Each Other If...

Each party will protect the other from claims arising from:

• Gross negligence, fraud, or intentional misconduct
• Data breaches or privacy law violations caused by that party

How This Works

If a claim happens:

• The protected party must notify the other party promptly
• The protecting party controls the defense and settlement
• The protected party must cooperate as needed
• The protecting party pays court costs, judgments, and reasonable legal fees

10. Limits on Liability

Maximum Dollar Amount

For most issues, neither party's total liability can exceed the service fees you paid in the previous 12 months.

This limit doesn't apply to:

• Data security obligations
• Confidentiality breaches
• Indemnification obligations

Types of Damages Excluded

Neither party is liable for:

• Lost profits
• Loss of business or business opportunities
• Consequential, indirect, special, incidental, or punitive damages

Exception: Confidentiality breaches can result in these types of damages.

Important Clarifications

• These limits apply even if we knew the damages were possible.
• These limits apply even if other remedies fail.
• These limits apply to claims based on contract, tort, negligence, or any other legal theory.
• Our pricing is based on these liability limits—they're a fundamental part of our deal.
• These limits also protect our employees, contractors, and affiliates.

11. Term & Ending This Agreement

How Long This Lasts

• Single-analysis Purchase: The initial term starts on the date you upload a document for processing and lasts for one year.
• Multi-analysis Purchase: The initial term starts on the date you upload your first document and lasts for one year after the date that the final credit is used.

Ending Early

• For breach: Either party can terminate with 30 days' written notice if the other party materially breaches (unless cured), but you will not be entitled to any refund for unused credits.
• For convenience: You can cancel anytime with 30 days' notice, but you will not be entitled to any refund for unused credits.

What Happens When It Ends

• You must immediately stop using Franchise Risk Scanner.
• You must delete all documentation.
• You will not be entitled to any refund for unused credits.
• Confidentiality, warranties, indemnification, and liability limits continue to apply.

12. Beta Features

Sometimes we'll offer experimental features designated as "beta," "pilot," or "preview."

For these beta features:

• We may start charging fees after an initial free period.
• We can discontinue or modify them at any time.
• Regular support, security, and warranty terms may not apply.
• Our liability is capped at USD $100.00.
• Your only remedy is to stop using the beta feature.
• We can use feedback however we want.

13. Other Important Terms

EU VAT & Invoicing

• For EU and UK customers, invoices will be issued electronically unless otherwise required by law.
• Where VAT is applicable, invoices will reflect VAT charged in accordance with EU VAT rules.
• If you provide a valid VAT identification number, VAT may be reverse-charged where permitted by law.
• You are responsible for retaining invoices for accounting and tax compliance purposes.

Independent Relationship

We're a vendor and you're a customer—neither party is the other's agent or partner.

How to Send Notices

• To you: We'll email your primary contact (effective 24 hours after sending).
• To us: Email support@franchiseriskscanner.com (effective 24 hours after sending).

Force Majeure

Neither party is in breach due to events beyond reasonable control (natural disasters, wars, strikes, government actions, etc.). This does not excuse payment obligations.

Assignment

You can't transfer this agreement without our written permission, except to affiliates or in connection with a merger or acquisition. We may transfer this agreement freely.

If Part of This Is Invalid

Invalid provisions will be interpreted to achieve their intent as closely as possible, and the remainder will remain in effect.

No Waiver

Failure to enforce a right immediately does not waive it.

Governing Law

This agreement is governed by the laws of the State of Texas, USA.

EU Venue Carve-Out

If you are established in the European Union and mandatory local law requires otherwise, you may bring claims in your country of establishment solely to that extent. All other disputes shall be resolved exclusively in the courts of Collin County, Texas, USA.

What Takes Priority

If there is a conflict:

1. Your specific order terms override these Terms.
2. These Terms override any other Franchise Risk Scanner policies.

Export Controls

You may not use Franchise Risk Scanner in violation of U.S., EU, or UK export or sanctions laws.

Entire Agreement

This agreement (plus your orders) is the complete agreement and supersedes all prior discussions.

Changes to These Terms

We may amend these terms by posting updates on our website. Amendments become effective 30 days after posting unless rejected in writing, in which case they apply at your next purchase.

Questions?

If you have questions about these terms, contact support@franchiseriskscanner.com.