Terms
CUSTOMER AGREEMENT
THIS CUSTOMER AGREEMENT (“AGREEMENT”) CONTAINS THE TERMS FOR USE OF CERTAIN FLETCH PRODUCTS REFERENCED IN THE APPLICABLE ORDERING PAGE (“PRODUCT”) AND IS BETWEEN FLETCH, LLC., A DELAWARE LIMITED LIABILITY COMPANY HAVING A PLACE OF BUSINESS AT 100 ADMIRAL CALLAGHAN LN, #6415, VALLEJO, CA 94591 (“FLETCH”) AND THE PARTY AGREEING TO THE TERMS OF THIS AGREEMENT (“CUSTOMER”). ON THE DATE THE CUSTOMER EXECUTES AN ORDER FORM OR OTHER ORDERING DOCUMENT THAT REFERENCES THIS AGREEMENT, CLICKS AN "ACCEPT" OR SIMILAR BUTTON, OR OTHERWISE USES THE FLETCH PRODUCT (“EFFECTIVE DATE”), CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. CUSTOMER MAY NOT ACCESS OR USE THE FLETCH PRODUCT WITHOUT AGREEING TO THIS AGREEMENT FIRST.
LICENSE. Fletch hereby grants to Customer a royalty-free, nonexclusive, non-transferable internal use license to access, use, display, execute, and perform such Product, for its internal business purposes. Customer agrees that it will not (a) reproduce, modify, distribute, transfer, disclose, or make available to any third party any portion of the Product (or any related user manuals or documentation) in any form; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Product; (c) publish any performance or benchmark tests or analyses relating to the Product or the use thereof; (d) propagate any virus, worms, Trojan horses, or other programming routine intended to damage any system or data; or (e) access or use the Product for the purpose of building a competitive product or service or copying its features or user interface. Customer agrees that (a) the Product may contain a mechanism to disable use of the product after the end of the term; (b) Customer will not interfere with the date and time of any such disabling mechanism; and (c) Fletch shall not be responsible for loss or alteration of programs, data or other information resulting from use of the Product or the disabling mechanism, if any.
TITLE. Fletch shall retain all right, title and interest in the Product and in all intellectual property rights therein. No license or other rights of any kind are granted or conveyed except for the limited internal license expressly provided herein. Customer shall not offer, loan, transfer, encumber, sell or otherwise dispose of the Product to any third party. Customer shall have and retain any and all intellectual property rights in any and all data that it inputs into the Product and any output from and derivatives of the foregoing (“Customer Data”).
TERM AND TERMINATION. This Agreement is effective on the Effective Date and may be terminated by either party upon notice to the other party (“Term”). In the event of expiration or termination of this Agreement, those sections that by their nature are intended by the parties to survive shall survive and continue in effect to the extent necessary to protect the rights of the parties and Customer shall cease to have access to the Product.
DISCLAIMER OF WARRANTIES. Customer acknowledges that the Product is provided to Customer “AS IS” and any use of the Product is at Customer’s own risk. Fletch DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. CUSTOMER AGREES THAT FLETCH SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO CUSTOMER, ITS CUSTOMERS OR THIRD PARTIES ARISING UNDER THIS AGREEMENT IN EXCESS OF ONE HUNDRED DOLLARS ($100). IN NO EVENT WILL FLETCH BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES, IN CONNECTION WITH THE USE OF THE PRODUCT OR OTHER MATERIALS PROVIDED ALONG WITH THE PRODUCT OR IN CONNECTION WITH ANY OTHER CLAIM ARISING FROM THIS AGREEMENT, EVEN IF FLETCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CONFIDENTIALITY AND SECURITY. Each party agrees that all code, inventions, know-how, data, business, technical and financial information it obtains (“Receiving Party”) from the Disclosing Party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be Confidential Information due to the nature of the information disclosed. Any Fletch technology, performance information relating to the Product, and the terms and conditions of this Agreement shall be deemed Confidential Information of Fletch without any marking or further designation. In addition, all fees and pricing information will be Fletch’s Confidential Information. Any Customer Data shall be deemed Confidential Information of Customer without any marking or further designation. Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of the Receiving Party who had no access to such information; or (v) is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information may cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.
Fletch shall use all reasonable physical, technical, and administrative procedures to protect, safeguard and help prevent loss, misuse, and unauthorized access, disclosure, alteration or destruction of Customer Data, including Customer Confidential Information. Fletch will choose these safeguards based on the sensitivity of the information that is collected, processed, and stored and the current state of applicable technology. These safeguards may include, where appropriate, encrypting Customer Data, ensuring confidentiality, integrity, availability and resilience of the Fletch systems and services, ensuring that availability of and access to Customer Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organizational measures adopted by Fletch.
GENERAL PROVISIONS.
Reference Account; Data; and Access. Fletch may request Customer to provide a mutually agreeable reference quote to be used for marketing content or with the press. Fletch shall also use Customer’s name in its customer lists.
Governing Law and Venue. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles. Customer hereby expressly consents to the jurisdiction and venue of the courts located in San Francisco, California.
Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
No Assignment. This Agreement, and Customer’s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by Customer without Fletch’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
Notices. Each party must deliver all notices or other communications required or permitted under this Agreement in writing to the other party at the address listed below by courier, by certified or registered mail (postage prepaid and return receipt requested), or by a nationally-recognized express mail service. Each party may change its address for receipt of notice by giving notice of such change to the other party.
Injunctive Relief. Customer acknowledges that any breach of this Agreement by Customer would cause irreparable injury to Fletch for which monetary damages would not be an adequate remedy and, therefore, Fletch will be entitled to injunctive relief (including specific performance).
Export. Customer agrees not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Fletch, or any products utilizing such data, in violation of the United States export laws or regulations.
Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument.
Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by Customer and a duly authorized officer of the Fletch.
INFORMATION SECURITY
At Fletch, we take a Security-by-Design approach throughout our development process. Our product and solutions are designed to meet your data security needs, including access controls and encryption. If you have further questions, please contact security@fletch.ai.
CUSTOMER AGREEMENT
THIS CUSTOMER AGREEMENT (“AGREEMENT”) CONTAINS THE TERMS FOR USE OF CERTAIN FLETCH PRODUCTS REFERENCED IN THE APPLICABLE ORDERING PAGE (“PRODUCT”) AND IS BETWEEN FLETCH, LLC., A DELAWARE LIMITED LIABILITY COMPANY HAVING A PLACE OF BUSINESS AT 100 ADMIRAL CALLAGHAN LN, #6415, VALLEJO, CA 94591 (“FLETCH”) AND THE PARTY AGREEING TO THE TERMS OF THIS AGREEMENT (“CUSTOMER”). ON THE DATE THE CUSTOMER EXECUTES AN ORDER FORM OR OTHER ORDERING DOCUMENT THAT REFERENCES THIS AGREEMENT, CLICKS AN "ACCEPT" OR SIMILAR BUTTON, OR OTHERWISE USES THE FLETCH PRODUCT (“EFFECTIVE DATE”), CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. CUSTOMER MAY NOT ACCESS OR USE THE FLETCH PRODUCT WITHOUT AGREEING TO THIS AGREEMENT FIRST.
LICENSE. Fletch hereby grants to Customer a royalty-free, nonexclusive, non-transferable internal use license to access, use, display, execute, and perform such Product, for its internal business purposes. Customer agrees that it will not (a) reproduce, modify, distribute, transfer, disclose, or make available to any third party any portion of the Product (or any related user manuals or documentation) in any form; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Product; (c) publish any performance or benchmark tests or analyses relating to the Product or the use thereof; (d) propagate any virus, worms, Trojan horses, or other programming routine intended to damage any system or data; or (e) access or use the Product for the purpose of building a competitive product or service or copying its features or user interface. Customer agrees that (a) the Product may contain a mechanism to disable use of the product after the end of the term; (b) Customer will not interfere with the date and time of any such disabling mechanism; and (c) Fletch shall not be responsible for loss or alteration of programs, data or other information resulting from use of the Product or the disabling mechanism, if any.
TITLE. Fletch shall retain all right, title and interest in the Product and in all intellectual property rights therein. No license or other rights of any kind are granted or conveyed except for the limited internal license expressly provided herein. Customer shall not offer, loan, transfer, encumber, sell or otherwise dispose of the Product to any third party. Customer shall have and retain any and all intellectual property rights in any and all data that it inputs into the Product and any output from and derivatives of the foregoing (“Customer Data”).
TERM AND TERMINATION. This Agreement is effective on the Effective Date and may be terminated by either party upon notice to the other party (“Term”). In the event of expiration or termination of this Agreement, those sections that by their nature are intended by the parties to survive shall survive and continue in effect to the extent necessary to protect the rights of the parties and Customer shall cease to have access to the Product.
DISCLAIMER OF WARRANTIES. Customer acknowledges that the Product is provided to Customer “AS IS” and any use of the Product is at Customer’s own risk. Fletch DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. CUSTOMER AGREES THAT FLETCH SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO CUSTOMER, ITS CUSTOMERS OR THIRD PARTIES ARISING UNDER THIS AGREEMENT IN EXCESS OF ONE HUNDRED DOLLARS ($100). IN NO EVENT WILL FLETCH BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES, IN CONNECTION WITH THE USE OF THE PRODUCT OR OTHER MATERIALS PROVIDED ALONG WITH THE PRODUCT OR IN CONNECTION WITH ANY OTHER CLAIM ARISING FROM THIS AGREEMENT, EVEN IF FLETCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CONFIDENTIALITY AND SECURITY. Each party agrees that all code, inventions, know-how, data, business, technical and financial information it obtains (“Receiving Party”) from the Disclosing Party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be Confidential Information due to the nature of the information disclosed. Any Fletch technology, performance information relating to the Product, and the terms and conditions of this Agreement shall be deemed Confidential Information of Fletch without any marking or further designation. In addition, all fees and pricing information will be Fletch’s Confidential Information. Any Customer Data shall be deemed Confidential Information of Customer without any marking or further designation. Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information. The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of the Receiving Party who had no access to such information; or (v) is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information may cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.
Fletch shall use all reasonable physical, technical, and administrative procedures to protect, safeguard and help prevent loss, misuse, and unauthorized access, disclosure, alteration or destruction of Customer Data, including Customer Confidential Information. Fletch will choose these safeguards based on the sensitivity of the information that is collected, processed, and stored and the current state of applicable technology. These safeguards may include, where appropriate, encrypting Customer Data, ensuring confidentiality, integrity, availability and resilience of the Fletch systems and services, ensuring that availability of and access to Customer Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organizational measures adopted by Fletch.
GENERAL PROVISIONS.
Reference Account; Data; and Access. Fletch may request Customer to provide a mutually agreeable reference quote to be used for marketing content or with the press. Fletch shall also use Customer’s name in its customer lists.
Governing Law and Venue. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles. Customer hereby expressly consents to the jurisdiction and venue of the courts located in San Francisco, California.
Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
No Assignment. This Agreement, and Customer’s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by Customer without Fletch’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
Notices. Each party must deliver all notices or other communications required or permitted under this Agreement in writing to the other party at the address listed below by courier, by certified or registered mail (postage prepaid and return receipt requested), or by a nationally-recognized express mail service. Each party may change its address for receipt of notice by giving notice of such change to the other party.
Injunctive Relief. Customer acknowledges that any breach of this Agreement by Customer would cause irreparable injury to Fletch for which monetary damages would not be an adequate remedy and, therefore, Fletch will be entitled to injunctive relief (including specific performance).
Export. Customer agrees not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Fletch, or any products utilizing such data, in violation of the United States export laws or regulations.
Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument.
Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by Customer and a duly authorized officer of the Fletch.
INFORMATION SECURITY
At Fletch, we take a Security-by-Design approach throughout our development process. Our product and solutions are designed to meet your data security needs, including access controls and encryption. If you have further questions, please contact security@fletch.ai.
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Customer stories
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Feel the magic of threat forecasting. Fletch surfaces the 5% of threats that matter to you right now. You’ll have every detail about the threat, what to do about it and what to say.
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