Terms of Service

Nov 18, 2025

UNUSUAL TERMS OF SERVICE

Last Updated: 11/18/25

These Terms of Service ("Terms") govern access to and use of the services provided by Pacific Intelligence Works, Inc. d/b/a Unusual ("Unusual," "we," "us," or "our"). By accessing or using the Services, you ("Customer," "you") agree to these Terms. If you do not agree, do not use the Services. These Terms incorporate any applicable Order Form, Statement of Work ("SOW"), and Data Processing Addendum ("DPA"), as well as our Privacy Policy.

1) The Services

1.1 Overview

Unusual provides an "AI Relations" platform that (a) probes and analyzes responses from third-party large language models about your brand, products, customers, and positioning; (b) surfaces insights and recommendations; and (c) optionally hosts reference content for AI systems on a subdomain you control (e.g., ai.yourdomain.com) or a location we provision (collectively, the "Services").

1.2 Definitions

Customer Content: text, data, images, links, prompts, meeting notes, brand docs, product info, and other materials you or your users provide to or through the Services (including materials we host for you on "Content for AI" pages).

Insights/Outputs: analyses, recommendations, scores, drafts, or other content the Services generate or return.

Order Form: any ordering document executed by the parties that references these Terms.

1.3 Changes to the Services

We may improve, modify, or discontinue features at any time. If we make material changes that significantly reduce core functionality, we will provide notice.

2) Accounts & Access

2.1 Registration and Responsibilities

You must provide accurate account information and maintain the security of your credentials. You are responsible for all activities under your account.

2.2 Eligibility

You must be at least 18 years old and authorized to bind the Customer entity.

3) Subscriptions, Renewals, Fees, and Taxes

3.1 Subscription Term and Billing

Unless otherwise stated in an Order Form, subscriptions renew month-to-month and auto-renew until canceled. Fees are billed via our payment processor (e.g., Stripe) at the start of each term. Prepaid amounts are non-refundable except as required by law or expressly stated otherwise.

3.2 Cancellations

You may cancel renewal at any time, effective at the end of the then-current term.

3.3 Late Fees; Suspension

We may suspend or limit the Services for non-payment after reasonable notice.

3.4 Taxes

Fees are exclusive of taxes. You are responsible for all sales, use, VAT/GST, and similar taxes (excluding taxes on our income).

4) Customer Content; Hosting; No Sensitive Data; Data Usage Rights

4.1 License to Host and Use

You grant Unusual a worldwide, non-exclusive, royalty-free license to host, reproduce, display, and modify Customer Content solely to operate, maintain, secure, and improve the Services; provide support; comply with law; and as otherwise permitted in these Terms.

4.2 Our Data Usage Rights

We may use Customer Content (including inputs, outputs, usage patterns, interactions, and feedback) to:

(a) Service Operation and Improvement: Operate, maintain, secure, debug, and improve the Services and our other products and services;

(b) Model Training and Development: Develop, train, test, fine-tune, and improve our artificial intelligence models, machine learning systems, and algorithms, which may be used to provide services to other customers;

(c) Aggregated Data: Aggregate, anonymize, or de-identify Customer Content to create aggregated statistics, insights, benchmarks, and analytics ("Aggregated Data"). We own all Aggregated Data and may use, disclose, license, and exploit Aggregated Data for any purpose without restriction, including product development, research, marketing, and commercial purposes;

(d) Usage Analytics: We own all usage data, analytics, telemetry, and insights derived from your use of the Services.

Safeguards: We will not use Customer Content to train models in a manner that would cause Insights/Outputs provided to other customers to reproduce your proprietary or confidential information in identifiable form. However, you acknowledge that AI models learn patterns, concepts, and general knowledge from all training data collectively.

4.3 Ownership

Between the parties, you own Customer Content (including any "Content for AI" pages and approved copy). We own the Services and all related intellectual property (software, documentation, algorithms, AI models, platform, know-how, trademarks, copyrights, patents, trade secrets, and all other intellectual property).

4.4 Your Responsibilities

You are solely responsible for the accuracy, legality, and approvals of Customer Content and any publication or reliance on Insights/Outputs. You agree to review and approve any drafts or recommendations before using them in production or external communications.

4.5 No Sensitive or Regulated Data

Do not upload or provide regulated/sensitive data (e.g., PHI, PCI, precise geolocation, data about children, special categories of personal data) unless a signed addendum expressly authorizes such processing.

5) Third-Party Providers; Models; Subprocessors

5.1 Third-Party Services

The Services may send prompts and context to third-party model providers (e.g., LLM APIs) and use cloud and analytics vendors. Use of third-party services is subject to their terms. We maintain a current list of subprocessors on our website.

5.2 Configuration; "No-Training" Settings

Where supported by a provider, we configure API settings or contract terms to disable provider training on your prompts/outputs; provider policies vary and remain under the provider's control.

6) AI Output Disclaimers; No Professional Advice

6.1 No Warranty on Outputs; Hallucinations

AI can be wrong. INSIGHTS/OUTPUTS ARE PROVIDED "AS IS" AND MAY CONTAIN ERRORS, INACCURACIES, OR HALLUCINATIONS. UNUSUAL MAKES NO REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED) AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR LEGALITY OF INSIGHTS/OUTPUTS. YOU ARE RESPONSIBLE FOR INDEPENDENTLY REVIEWING AND VALIDATING INSIGHTS/OUTPUTS BEFORE USE.

6.2 No Professional Advice

Insights/Outputs are not legal, medical, financial, or other professional advice.

7) Acceptable Use

You will not: (a) violate laws; (b) infringe IP or rights of publicity/privacy; (c) submit malware or harmful code; (d) attempt to access without authorization, probe, or overload the Services; (e) circumvent technical controls; (f) use the Services to make or support unlawful automated decisions about individuals without required notices/consents; or (g) use scraping or data harvesting on the Services except as expressly allowed.

8) Confidentiality

8.1 Definition

"Confidential Information" means non-public information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party") that is marked confidential or would reasonably be understood as confidential, including business plans, strategies, pricing, product roadmaps, customer lists, technology, source code, algorithms, AI models, training data, and financial information.

8.2 Obligations

The Receiving Party agrees to:

(a) Protect Confidential Information using at least the same degree of care used for its own confidential information (but no less than reasonable care);

(b) Use Confidential Information only to exercise rights and perform obligations under these Terms;

(c) Not disclose Confidential Information except to employees, contractors, advisors, and service providers with a legitimate need to know who are bound by confidentiality obligations at least as protective as this Section 8;

(d) Promptly notify Disclosing Party of any unauthorized use or disclosure.

8.3 Exceptions

Confidential Information does not include information that:

(a) Is or becomes publicly available through no breach of these Terms;

(b) Was lawfully known before disclosure;

(c) Is lawfully obtained from a third party without confidentiality restrictions;

(d) Is independently developed without use of Confidential Information; or

(e) Must be disclosed pursuant to law or court order (provided Receiving Party gives reasonable advance notice to allow Disclosing Party to seek protective measures).

8.4 Duration

Confidentiality obligations survive for three (3) years after termination of these Terms, except for trade secrets, which remain confidential for as long as they qualify as trade secrets under applicable law.

9) Privacy; Roles; Data Requests

9.1 Roles

For Customer account data within the Services, we typically act as a processor/service provider to Customer. For our own marketing sites, sales operations, billing, and support, we act as a controller.

9.2 Privacy Policy

Our Privacy Policy describes how we handle personal information.

9.3 Data Subject Requests and Deletion

When acting as processor/service provider, we will assist Customer in responding to data subject requests and will delete or return personal data upon termination per the DPA and your instructions.

10) Intellectual Property; Feedback

10.1 IP in the Services

We and our licensors own all right, title, and interest in and to the Services and all related intellectual property, including but not limited to: the Services, underlying technology, software, algorithms, AI models, machine learning systems, platform, architecture, know-how, trademarks, service marks, logos, copyrights, patents, trade secrets, proprietary processes, training methodologies, and all other intellectual property rights. Nothing in these Terms transfers any ownership rights to you.

10.2 Feedback

If you provide feedback, you grant us a perpetual, worldwide, irrevocable, royalty-free license to use it without restriction.

11) Warranties; Disclaimers

11.1 Mutual Warranties

Each party represents and warrants that:

(a) It is duly organized, validly existing, and in good standing under the laws of its jurisdiction;

(b) It has full power and authority to enter into and perform these Terms;

(c) These Terms constitute a legal, valid, and binding obligation enforceable against it;

(d) Execution and performance do not violate any law, regulation, or agreement to which it is a party;

(e) It will comply with all applicable laws in performing under these Terms.

11.2 Customer Warranties

You additionally represent and warrant that:

(a) You have obtained all necessary consents, rights, and permissions from individuals before providing their personal information to us or inputting it into the Services;

(b) You will not use deceptive, unfair, or unlawful practices in using the Services;

(c) Your use of Customer Content and Insights/Outputs does not and will not infringe any third party's intellectual property or other rights.

11.3 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 11.1 AND 11.2, THE SERVICES AND ALL INSIGHTS/OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

12) Indemnities

12.1 Customer Indemnity

You will defend, indemnify, and hold harmless Unusual and our affiliates, officers, directors, and employees from and against third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) Customer Content; (b) your use or publication of Insights/Outputs; or (c) your breach of these Terms.

12.2 Unusual Indemnity

We will defend and indemnify you against third-party claims alleging that the Services (excluding Customer Content, your configurations, and third-party components) directly infringe a U.S. patent, copyright, or trademark, or misappropriate a trade secret. Our obligations are conditioned on your prompt notice and cooperation. As our remedy we may modify, replace, or terminate the affected feature and refund any prepaid, unused fees for that feature.

12.3 Exclusions

We have no obligations for claims to the extent arising from Customer Content, combinations with non-Unusual items, your modifications, or use not in accordance with the documentation.

12.4 Indemnification Procedures

An indemnified party must:

(a) Promptly notify the indemnifying party in writing of any claim for which indemnity is sought (but failure to do so relieves the indemnifying party only to the extent the indemnifying party is materially prejudiced by the delay);

(b) Grant the indemnifying party sole control of the defense and settlement of the claim, provided that the indemnifying party may not settle in a manner that: (i) admits liability or wrongdoing on behalf of the indemnified party; (ii) imposes obligations on the indemnified party; or (iii) requires payment by the indemnified party, without the indemnified party's prior written consent; and

(c) Reasonably cooperate with the indemnifying party in the defense at the indemnifying party's expense.

The indemnified party may participate in the defense with counsel of its own choosing at its own expense.

12.5 Sole Remedy

THIS SECTION 12 STATES EACH PARTY'S SOLE AND EXCLUSIVE REMEDY AND THE OTHER PARTY'S ENTIRE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

13) Limits of Liability

13.1 Types of Damages

To the fullest extent permitted by law, neither party is liable for indirect, special, incidental, consequential, exemplary, or punitive damages (including lost profits, revenue, savings, or data), even if advised of the possibility.

13.2 Cap

Each party's aggregate liability arising out of or related to the Services is limited to the amounts paid or payable by Customer to Unusual for the Services in the one (1) month immediately preceding the event giving rise to the claim. If no fees have been paid, the liability cap is $1,000.

13.3 AI Output Specific

UNUSUAL SHALL NOT BE LIABLE FOR CLAIMS OR DAMAGES ARISING FROM INSIGHTS/OUTPUTS (INCLUDING HALLUCINATIONS), EXCEPT TO THE LIMITED EXTENT CAUSED BY OUR WILLFUL MISCONDUCT.

13.4 Exceptions

The limitations in this Section 13 do not apply to: (a) a party's breach of Section 8 (Confidentiality); (b) a party's indemnification obligations under Section 12; (c) our obligation to pay any refunds owed; (d) your payment obligations; or (e) liability that cannot be excluded or limited under applicable law.

14) Suspension; Termination; Effects

14.1 Suspension

We may suspend the Services for non-payment, security risk, or violations of these Terms, after reasonable notice where practicable.

14.2 Termination for Cause

Either party may terminate for material breach if the breach remains uncured 30 days after written notice.

14.3 Termination at Renewal

Either party may elect not to renew at the end of any term.

14.4 Effect of Termination

Upon termination, your right to access the Services ceases. We will, upon request and subject to the DPA, make Customer Content export available for a reasonable period and then delete Customer Content from active systems, subject to legal holds and standard backups.

14.5 Survival

The following provisions survive termination or expiration of these Terms: Sections 4.2 (Our Data Usage Rights), 4.3 (Ownership), 6 (AI Output Disclaimers), 7 (Acceptable Use - to the extent violations occurred during the term), 8 (Confidentiality), 10 (Intellectual Property), 11.3 (Disclaimer), 12 (Indemnities), 13 (Limits of Liability), 15 (Export; Sanctions), 18 (Assignment; Notices; Entire Agreement; Miscellaneous), 19 (Dispute Resolution; Governing Law), and any other provisions which by their nature should survive, including all payment obligations accrued prior to termination.

15) Export; Sanctions; Anti-Corruption

You will comply with U.S. and other applicable export control and sanctions laws and not use or provide access to the Services in restricted regions or to prohibited parties. You will comply with applicable anti-corruption and anti-bribery laws.

16) Publicity

Customer grants Unusual a non-exclusive, worldwide, royalty-free license to use Customer's name, logos, and word marks to identify Customer as a customer of the Services on Unusual's websites, product UI, pitch and sales decks, case studies/one-pagers, white papers, social media, conference materials, RFP/procurement responses, and investor communications. Unusual will follow Customer's reasonable brand guidelines if provided.

Unusual may describe the nature of the engagement at a high level (e.g., industry, product lines, general use cases) but will not disclose Customer Confidential Information, pricing, or non-public results without Customer's prior written approval.

Quotes/testimonials, detailed case studies naming Customer, or press releases require Customer's prior written approval (email is sufficient).

Customer may opt out of name/logo use at any time by emailing founders@unusual.ai; Unusual will stop new uses promptly and remove name/logo from Unusual-controlled web properties within 10 business days. For avoidance of doubt, Unusual may retain and continue to distribute historical materials (e.g., already-printed decks, previously posted conference videos) created before receipt of the opt-out, and may keep archival copies.

Nothing in this section creates or implies endorsement by Customer. All goodwill arising from use of Customer's marks inures to Customer.

17) Beta Features; Free Trials

From time to time, we may offer beta or trial features ("Beta"). Beta is provided as-is without support or warranties and may be discontinued at any time. You assume all risk for use of Beta and agree to provide feedback.

18) Assignment; Notices; Entire Agreement; Miscellaneous

18.1 Assignment

Neither party may assign these Terms without the other party's prior written consent, except either party may assign to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets (with notice).

18.2 Notices

Notices to Unusual must be sent to founders@unusual.ai with a copy to our registered address. We may provide notices to the email associated with your account.

18.3 Force Majeure

Neither party is liable for delays or failures in performance (except for payment obligations) to the extent caused by events or circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, terrorism, riots, war, civil unrest, government actions or restrictions, labor disputes, or failures of the Internet, telecommunications, or third-party hosting providers. The affected party shall promptly notify the other party of the force majeure event. If the force majeure event continues for more than 60 days, either party may terminate these Terms upon written notice.

18.4 Entire Agreement; Order of Precedence

These Terms together with any Order Form, SOW, and DPA constitute the entire agreement and supersede prior agreements on the subject matter. Conflicts are resolved in the following order: Order Form, DPA, SOW, these Terms.

18.5 Waiver; Severability

Failure to enforce is not a waiver. If any provision is unenforceable, the remainder remains in effect.

18.6 Counterparts; Electronic Signatures

These Terms may be executed in one or more counterparts (including by electronic signature, DocuSign, or scanned/PDF signature), each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic signatures shall have the same legal effect as original signatures.

18.7 Attorneys' Fees

In any legal action, arbitration, or other proceeding to enforce rights under these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses from the non-prevailing party.

19) Dispute Resolution; Governing Law

19.1 Informal Resolution

Before filing any claim, the parties will confer in good faith for 30 days after written notice (email sufficient) to attempt to resolve the dispute.

19.2 Arbitration; Dispute Resolution

Except for claims seeking preliminary, temporary, or permanent injunctive relief to protect confidential information or intellectual property rights, or claims brought in small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (and, if applicable, the AAA Mass Arbitration Supplementary Rules) before a single arbitrator in Wilmington, Delaware, applying Delaware substantive law (without regard to conflicts of law principles). The Federal Arbitration Act (9 U.S.C. §§ 1-16) governs this provision, and the arbitrator—not any court—shall decide all issues of arbitrability, including scope, enforceability, formation, and whether claims are subject to arbitration. All claims must be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative action; the arbitrator may not consolidate claims or otherwise preside over any form of representative or class proceeding. The parties agree to keep the existence, content, and outcome of any arbitration confidential except as necessary to enforce the award or as required by law. Each party shall bear its own attorneys' fees and costs, except that the prevailing party may be awarded reasonable attorneys' fees and costs as determined by the arbitrator or court. For any claim not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware, and each party irrevocably waives any right to a jury trial.

19.3 Mass-Arbitration Management (AAA)

If 25 or more substantially similar arbitration demands are filed against a party by the same or coordinated counsel, the parties agree that AAA's Mass Arbitration Supplementary Rules will apply to promote efficiency and fairness, which may include staged filings, bellwether proceedings, batching, and reasonable fee allocations consistent with those Rules and applicable law. The arbitrator(s) may stay non-bellwether claims pending resolution of bellwethers.

19.4 Severability

If any portion of this Section 19 is found unenforceable as to a particular claim or remedy, that portion will be severed and the remainder enforced to the fullest extent permitted by law. If the class/representative action waiver is found unenforceable as to a claim, then that claim (and only that claim) must be litigated in court and not in arbitration.