These Terms of Service ("Terms") govern your access to and use of convexent.com, the Convexent application, and related services (together, the "Services") provided by Supermod, Inc., doing business as Convexent ("Convexent," "we," "us," or "our"). By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of an organization, you agree to these Terms for that organization and represent that you have authority to bind it.
If you and Convexent have signed a separate written agreement covering the Services, including a service agreement or data-processing agreement, that agreement controls to the extent it conflicts with these Terms. Any order of precedence specified in those signed agreements applies.
1. Accounts
You must provide accurate information when creating an account and keep your login credentials confidential. You are responsible for all activity under your account and must notify us promptly of any unauthorized use.
2. License to use the Services
Subject to these Terms and payment of any applicable fees, Convexent grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes.
3. Acceptable use
You agree not to:
- Copy, modify, reverse engineer, decompile, or attempt to extract the source code of the Services, except as permitted by law.
- Resell, sublicense, or provide the Services to third parties, or use them to build a competing product.
- Interfere with or disrupt the integrity, security, or performance of the Services.
- Access the Services through automated means except through interfaces we provide.
- Upload content you do not have the right to use, or use the Services in violation of any law.
4. Your data
"Customer Data" means documents, extracted financial information, prompts, generated models, and other content you or your organization upload to or create in the Services, including Outputs. You retain all rights you hold in Customer Data you provide. Rights in Outputs are described in section 5. You grant Convexent a limited license to host, process, and display Customer Data solely to provide and support the Services. You are responsible for having the rights and consents needed to provide Customer Data to us. Our handling of personal information is described in our Privacy Policy.
5. Outputs and AI-generated content
Models, analyses, spreadsheets, and other outputs generated through the Services ("Outputs") are yours to use, subject to these Terms and any applicable signed customer agreement. You may retain, use, modify, and share exported Outputs, including after your access to the Services ends, subject to any applicable third-party rights. These rights do not transfer ownership of the underlying Services, templates, or other pre-existing materials, or guarantee that AI-generated content is unique or eligible for intellectual-property protection.
Outputs are tools to support your own analysis and may contain errors. Convexent does not provide investment, financial, accounting, tax, or legal advice. You are responsible for reviewing Outputs and for any decisions you make based on them.
6. Intellectual property
Convexent and its licensors own all rights to the Services, including software, templates, designs, and trademarks, subject to your rights in Customer Data and Outputs under sections 4 and 5. Except for the rights granted in these Terms, no rights are transferred to you. If you send us feedback or suggestions, we may use them without obligation to you.
7. Fees
Paid features are subject to the fees and payment terms in your order form or subscription. Unless stated otherwise, fees are non-refundable and exclusive of taxes.
8. Confidentiality
Each party will protect the other's non-public information disclosed in connection with the Services using at least reasonable care, and will use it only to perform under these Terms.
9. Third-party services
We use service providers to deliver the Services, including providers described in our Privacy Policy. Our use of those providers does not remove our obligations under these Terms or any applicable signed customer agreement. If you choose to connect a separate third-party product or integration, your use of that product is governed by your agreement with its provider. We do not control those separate products or their availability.
10. Termination
You may stop using the Services at any time. We may suspend or terminate your access if you violate these Terms or if required to protect the Services or comply with law. Sections that by their nature should survive termination will survive, including confidentiality obligations, your rights in Outputs, and applicable provisions of sections 4 through 6 and 11 through 14.
You may export Outputs using the available export features while you have access to the Services. To coordinate data return or deletion, contact security@convexent.com. Any access after termination, assistance with data return, and deletion scope and timing are governed by the applicable customer agreement. Retained copies in history, backups, diagnostics, and service provider systems are addressed in our Privacy Policy and applicable data-processing agreements.
11. Disclaimers
THE SERVICES AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, CONVEXENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CONVEXENT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICES. CONVEXENT'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO CONVEXENT FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100) IF YOU HAVE NOT PAID ANYTHING.
13. Indemnification
You will defend and indemnify Convexent against third-party claims arising from your Customer Data or your use of the Services in violation of these Terms or applicable law.
14. General
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. You may not assign these Terms without our consent. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. These Terms, together with any applicable order form and signed service or data-processing agreements, form the entire agreement between you and Supermod, Inc. regarding the Services, subject to the order of precedence described above.
15. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the effective date above. Continued use of the Services after changes take effect means you accept the updated Terms. Updates to these Terms do not amend a signed customer agreement except as provided in that agreement.
16. Contact us
Questions about these Terms can be sent to legal@convexent.com.