Terms of Service

These Terms of Service (“Terms”) govern the use of the this+that products and services described below. They form a binding agreement between This and That Technologies, Inc., a Delaware corporation (“this+that”, “we”, “us”), and the entity or person who accepts these Terms (“Customer”, “you”). If you are accepting these Terms on behalf of an entity, you represent that you have authority to bind that entity, and references to “you” mean that entity. If you are accepting these Terms as an individual for personal, non-business use, Section 17 (Personal Use Customers) modifies the rest of these Terms as they apply to you.

Together with the Data Processing Addendum, the Sub-processor List, the Privacy Policy, the Assistant Privacy Policy, and any order form or written agreement that references these Terms (each, an “Order Form”), these Terms make up the entire agreement between you and us regarding the Service (the “Agreement”). If you and we sign a separate written agreement that references these Terms, that agreement controls in the event of conflict.

By creating an account, accessing the Service, or signing an Order Form, you agree to the Agreement.

1. The Service

1.1 What the Service is

this+that provides a business productivity service that connects to mailboxes, messaging platforms, calendars, and other systems Customer authorizes; extracts tasks and structured information from communications; surfaces work to Customer’s team; and runs Customer-configured workflows, including workflows that use generative AI. The Service includes our web application; any application programming interfaces we expose (including any Model Context Protocol or “MCP” server endpoints we host or make available); any desktop application, browser extension, Google Workspace add-on, or other client software, add-on, or extension we make available to access the Service; and any related documentation (together, “the Service”). Specific features and capabilities are described on our website and may evolve over time.

1.2 Provisioning

Subject to the Agreement and payment of applicable Fees, this+that grants Customer a non-exclusive, non-transferable, non-sublicensable right during the Term to access and use the Service for Customer’s internal business purposes.

1.3 Authorized Users

Customer may permit its employees, contractors, and agents acting on Customer’s behalf (“Authorized Users”) to access the Service under Customer’s account. Customer is responsible for the acts and omissions of its Authorized Users as if they were Customer’s own. Account credentials may not be shared. Customer will notify us promptly of any unauthorized access or use.

1.4 Updates

We may update, enhance, or modify features of the Service from time to time. We will not materially reduce the core functionality of the Service during a paid subscription term except as required by law or to address a security risk.

1.5 Client Software, Add-ons, and API Endpoints

Client Software and Add-ons. Where this+that makes desktop applications, browser extensions, Google Workspace add-ons, or other client software, add-ons, or extensions available for download or installation (“Client Software”), we grant Customer and its Authorized Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to install and use the Client Software on devices, browsers, or Google Workspace tenants owned or controlled by Customer or its Authorized Users, solely to access and use the Service for Customer’s internal business purposes. Customer may not (a) modify, reverse engineer, decompile, or create derivative works of the Client Software except to the extent applicable law expressly permits; (b) distribute, sell, sublicense, or rent the Client Software; or (c) remove or alter any proprietary notices in the Client Software. The Client Software may automatically download and install updates, and may stop working with prior versions of the Service or with prior operating system, browser, or Google Workspace versions; we will use commercially reasonable efforts to give notice of breaking changes in advance. Add-ons distributed through the Google Workspace Marketplace are also subject to the Marketplace’s terms of service to the extent those terms apply between Customer and Google.

APIs and MCP Server. Where this+that makes application programming interfaces or Model Context Protocol (“MCP”) server endpoints available, we grant Customer and its Authorized Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the Term to call those interfaces solely to access and use the Service for Customer’s internal business purposes, subject to any rate limits, usage caps, scopes, and security requirements we publish. Customer is responsible for the security of any credentials, tokens, or keys issued for API or MCP access, and for the acts and omissions of any agents or systems (including AI agents) that Customer authorizes to connect to the Service on its behalf as if they were Customer’s own.

General. The Client Software, the APIs, and the MCP server are part of the Service for all purposes of these Terms, including the warranties, disclaimers, indemnities, and limitations of liability.

1.6 How these Terms map to the in-product names

The Service uses friendlier names inside the product than the legal vocabulary in these Terms. The following mapping is provided for clarity and does not change the substance of any provision:

• Customer (the entity that contracts with us under these Terms) is, inside the Service, typically the Team Owner. For an individual on the Starter plan, the Customer and the Team Owner are the same person.
• Customer’s account (the Customer’s overall registration and tenant in the Service, as used throughout these Terms) is called the “Team” in the product interface, including for an individual on the Starter plan, who has a Team of one.
• Authorized Users (the people Customer permits to access the Service under Customer’s account) are called “Members” of the Team, with product roles such as Owner, Admin, Member, and Viewer.
• The in-product page called “Account” is the individual Member’s personal profile and settings page. It is not the same as the term “Customer’s account” as used in these Terms; the latter refers to the Customer’s overall registration and tenant.

2. Customer Accounts and Subscriptions

2.1 Accounts

To use the Service, Customer must register an account and provide accurate, current information. Customer is responsible for maintaining the confidentiality of its account credentials and for all activity that occurs under its account.

2.2 Subscription Plans

The Service is offered on a subscription basis. The plan, term, fees, user count, and any other commercial terms are set out in the applicable Order Form or on the Service’s pricing page at the time of purchase. Unless an Order Form states otherwise, subscriptions renew automatically for successive periods equal to the initial term. Either party may decline renewal by giving notice at least thirty (30) days before the end of the then-current term.

2.3 Free Tiers and Trials

We may offer free tiers, beta features, or trial periods. Free tiers and trials are provided “as is”, without warranty, and may be modified or discontinued at any time. The mutual confidentiality, customer data, security, and acceptable use obligations in these Terms apply during free use; the liability cap is the maximum that applies during free use.

3. Customer Data

3.1 Definition

“Customer Data” means all data and content that Customer or its Authorized Users submit to the Service, or that this+that accesses from third-party systems on Customer’s instruction, including the contents of mailboxes, messaging accounts, calendars, files, and any output generated by the Service from such inputs.

3.2 Ownership

As between the parties, Customer owns all rights in Customer Data. Customer grants this+that a worldwide, non-exclusive license to host, copy, transmit, process, display, and otherwise use Customer Data solely to provide and support the Service for Customer in accordance with the Agreement and the Documentation.

3.3 Data Processing Addendum

The processing of personal data within Customer Data is governed by the Data Processing Addendum, which is incorporated into these Terms by reference. In the event of any conflict between these Terms and the DPA regarding the processing of personal data, the DPA controls.

3.4 No Training

this+that will not use Customer Data to train, fine-tune, or otherwise improve any machine learning or generative AI model, whether our own or that of any third party, and whether the data is in identifiable, pseudonymised, anonymised, or aggregated form. This restriction is contractual and applies in addition to any restrictions imposed on our sub-processors. Aggregated operational telemetry that does not contain Customer Data (such as service uptime metrics and aggregate request volumes) is not subject to this restriction.

In-account personalization carve-out. Nothing in this Section prevents this+that from using Customer’s own data, including feedback any Authorized User provides inside the Service (for example, marking an extracted task as a hit or a miss), to personalize results within Customer’s account, including for Customer’s other Authorized Users on the same account. Personalization data derived from Customer’s account is not made available to any other Customer and is not used to train, fine-tune, or improve any shared or global model that serves other customers. Personalization data is deleted in accordance with the retention and deletion provisions of the DPA when the relevant Authorized User’s access ends or when the Agreement terminates, whichever applies.

3.5 Customer Responsibility

Customer is responsible for the lawfulness of Customer Data and for obtaining all necessary rights, consents, and notices required to permit this+that to process Customer Data under the Agreement.

3.6 Security

this+that maintains administrative, technical, and physical safeguards designed to protect Customer Data, as further described in the DPA and on our Security page. We submitted our SOC 2 Type I report for examination in 2026 and intend to begin a SOC 2 Type II observation period thereafter.

4. Acceptable Use

Customer will not, and will not permit any Authorized User or third party to:

(a) use the Service in violation of applicable law or any third party’s rights;

(b) reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent applicable law expressly permits;

(c) resell, sublicense, rent, lease, or otherwise commercially exploit the Service except as expressly permitted in the Agreement;

(d) introduce viruses, malware, or other malicious code into the Service, or attempt to gain unauthorized access to the Service or its underlying systems;

(e) use the Service to send spam, conduct unsolicited marketing, or violate any applicable anti-spam or consumer-protection law;

(f) circumvent or attempt to circumvent any technical limitations, rate limits, or security measures of the Service;

(g) use the Service to develop a competing product or to benchmark for the purpose of competitive analysis without our prior written consent; or

(h) use the Service in connection with high-risk activities where failure could lead to death, personal injury, or environmental damage.

5. Third-Party Services and AI Outputs

5.1 Third-Party Services

The Service integrates with third-party products and services that Customer chooses to connect, including for example Google Workspace (Gmail, Calendar, Chat, Drive, People), Microsoft 365 (Outlook, Teams, Calendar), Slack, Telegram, the Meta family (Instagram, Facebook Messenger, WhatsApp), and other systems we add over time. Customer authorizes us to access those third-party services through standard authorization flows (such as OAuth) and to read, write, or otherwise act on Customer’s account with each service as needed to provide the Service. Customer’s use of those third-party services is governed by the third party’s terms, and we are not responsible for third-party services or for any change in their availability or behavior. The third-party services Customer connects to the Service are not Sub-processors; they are services that Customer instructs us to interact with on Customer’s behalf.

5.2 AI Outputs

Some Service features use generative AI models, including models offered by third-party providers and accessed through Amazon Bedrock. Generative AI can produce inaccurate, incomplete, or otherwise inappropriate output. Customer is responsible for reviewing AI-generated output before relying on it for business decisions, sending it to third parties, or acting on it.

6. Fees and Payment

6.1 Fees

Customer will pay the fees set forth in the applicable Order Form or on the pricing page in effect at the time of purchase (“Fees”). Except as expressly stated in the Agreement or required by law, Fees are non-refundable.

6.2 Invoicing and Late Payment

Fees are billed in advance for the applicable subscription period. Undisputed amounts not paid when due accrue interest at one percent (1%) per month or the maximum rate permitted by law, whichever is lower.

6.3 Taxes

Fees do not include taxes. Customer is responsible for any sales, use, value-added, or similar taxes arising from the Agreement, other than taxes on this+that’s net income.

6.4 Suspension for Non-Payment

If Customer fails to pay undisputed Fees when due, we may, after providing at least ten (10) days’ written notice, suspend access to the Service until payment is received. We will not delete Customer Data during any such suspension.

7. Term and Termination

7.1 Term

The Agreement begins on the date Customer first accepts these Terms or signs an Order Form, and continues until terminated as described below.

7.2 Termination for Cause

Either party may terminate the Agreement for cause if the other party materially breaches the Agreement and fails to cure the breach within thirty (30) days after receiving written notice. Either party may terminate immediately upon written notice if the other party becomes insolvent, makes an assignment for the benefit of creditors, or becomes the subject of a bankruptcy or similar proceeding.

7.3 Termination for Convenience

Customer may cancel a paid subscription by following the cancellation instructions in the Service or by contacting support. Cancellation is effective at the end of the then-current subscription term unless an Order Form states otherwise. We do not refund pre-paid Fees for the unused portion of a subscription term except where termination is for our material breach.

7.4 Effect of Termination

On termination or expiration, Customer’s right to use the Service ends. We will make Customer Data available for export in a commonly used format for thirty (30) days after termination, after which we will delete Customer Data from production systems in accordance with the DPA. Backup copies may persist for up to ninety (90) days, after which they are deleted in the ordinary course. Provisions that by their nature should survive termination will survive.

8. Intellectual Property

8.1 Our Property

this+that and its licensors own all right, title, and interest in and to the Service, including all software, models, documentation, trademarks, and related materials, and all improvements thereto. Except for the rights expressly granted in the Agreement, no rights are granted to Customer.

8.2 Customer’s Property

Customer retains all rights in Customer Data and in Customer’s own trademarks and brand assets.

8.3 Feedback

If Customer or any Authorized User provides suggestions, comments, or other feedback about the Service (“Feedback”), Customer grants us a worldwide, royalty-free, perpetual, irrevocable license to use that Feedback to improve the Service. Feedback that Customer marks as confidential, or that is exchanged under a separate non-disclosure agreement, is treated as Confidential Information of Customer.

9. Confidentiality

9.1 Definition

“Confidential Information” means non-public information that one party (“Discloser”) discloses to the other (“Recipient”), whether in writing, orally, or otherwise, that is identified as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. Customer Data is Customer’s Confidential Information.

9.2 Obligations

Recipient will (a) use Confidential Information only to exercise its rights and perform its obligations under the Agreement; (b) protect Confidential Information using at least the degree of care it uses for its own confidential information of like importance, and in any event no less than reasonable care; and (c) disclose Confidential Information only to its employees, contractors, advisors, and affiliates who have a need to know and who are bound by confidentiality obligations no less protective than this section.

9.3 Exclusions

Confidentiality obligations do not apply to information that (a) is or becomes publicly available through no fault of Recipient; (b) was rightfully known to Recipient before receipt without confidentiality obligation; (c) is rightfully obtained from a third party without confidentiality obligation; or (d) is independently developed by Recipient without use of the Discloser’s Confidential Information.

9.4 Compelled Disclosure

If Recipient is required by law to disclose Confidential Information, Recipient will give Discloser prompt notice (where legally permitted) and reasonable cooperation so that Discloser may seek a protective order.

9.5 Term

Confidentiality obligations survive for three (3) years after termination of the Agreement, or, in the case of trade secrets and Customer Data, for as long as the information remains a trade secret or until the information is no longer Customer Data, respectively.

10. Representations and Warranties

10.1 Mutual

Each party represents and warrants that it has the legal authority to enter into the Agreement and that its performance will not violate any other agreement to which it is bound.

10.2 By this+that

We warrant that during a paid subscription, the Service will perform materially in accordance with its then-current documentation. Customer’s exclusive remedy, and our sole obligation, for breach of this warranty is for us to use commercially reasonable efforts to correct the non-conformity or, if we are unable to do so within a reasonable time, for either party to terminate the affected subscription and for us to refund any pre-paid Fees for the unused portion of the term.

10.3 By Customer

Customer represents and warrants that Customer has all necessary rights, consents, and notices to permit this+that to process Customer Data under the Agreement and that Customer’s use of the Service will comply with applicable law.

11. Disclaimers

EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 10, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, this+that DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR FIT FOR CUSTOMER’S PURPOSE.

12. Indemnification

12.1 By this+that

this+that will defend Customer against any third-party claim alleging that the Service, as provided by us and used in accordance with the Agreement, infringes the third party’s intellectual property rights, and will pay damages finally awarded by a court of competent jurisdiction or any settlement we approve. If the Service becomes, or in our reasonable opinion is likely to become, the subject of an infringement claim, we may, at our option: (a) procure for Customer the right to continue using the Service; (b) modify or replace the Service so that it is non-infringing; or (c) terminate the affected subscription and refund a pro-rata portion of pre-paid Fees for the unused portion of the term. This section does not apply to claims arising from (i) Customer Data; (ii) Customer’s combination of the Service with anything not provided by us, where the claim would not have arisen but for the combination; (iii) Customer’s use of the Service in violation of the Agreement; or (iv) modifications to the Service not made by us.

12.2 By Customer

Customer will defend us against any third-party claim arising from (a) Customer Data, including any claim that Customer Data infringes third-party rights or violates applicable law; or (b) Customer’s use of the Service in violation of the Agreement, and will pay damages finally awarded or any settlement Customer approves. Customer’s aggregate liability under this Section 12.2 is subject to the cap in Section 13.

12.3 Procedure

The party seeking indemnification will (a) promptly notify the indemnifying party of the claim (delay in notice does not relieve the indemnifying party of obligations except to the extent the delay is materially prejudicial); (b) give the indemnifying party sole control of the defense and settlement, provided that no settlement may impose any liability or admission on the indemnified party without the indemnified party’s prior written consent; and (c) reasonably cooperate in the defense.

12.4 Sole Remedy

This Section 12 states each party’s exclusive remedy and the other party’s sole liability for any third-party claim covered by it.

13. Limitation of Liability

13.1 Cap

EXCEPT FOR THE EXCLUSIONS IN SECTION 13.3, EACH PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO US UNDER THE AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. THIS CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS BETWEEN THE PARTIES, INCLUDING UNDER INDEMNIFICATION OBLIGATIONS.

13.2 Exclusion of Indirect Damages

EXCEPT FOR THE EXCLUSIONS IN SECTION 13.3, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.3 Exclusions

The limits in Sections 13.1 and 13.2 do not apply to (a) a party’s indemnification obligations for third-party intellectual property claims (Section 12.1) or third-party claims arising from Customer Data (Section 12.2); (b) a party’s breach of its confidentiality obligations (Section 9); (c) Customer’s failure to pay undisputed Fees; (d) either party’s gross negligence, willful misconduct, or fraud; or (e) liability that cannot be excluded under applicable law (including, where applicable, liability for death or personal injury caused by negligence).

13.4 Basis of the Bargain

The parties have agreed to the disclaimers, limitations, and exclusions in Sections 11 and 13 as a fundamental basis of the bargain, and the Fees reflect those allocations of risk. The limitations apply notwithstanding the failure of essential purpose of any limited remedy.

14. Governing Law and Dispute Resolution

14.1 Governing Law

The Agreement is governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14.2 Arbitration

Any dispute arising out of or relating to the Agreement that the parties cannot resolve through good-faith negotiation within sixty (60) days will be finally resolved by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. The arbitration will be conducted in English, in Wilmington, Delaware, by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. Each party will bear its own costs and an equal share of arbitrator fees, except that the arbitrator may award costs and reasonable attorneys’ fees to the prevailing party. This Section does not prevent either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property or Confidential Information.

14.3 No Class Actions

Each party agrees that any arbitration or proceeding will be limited to the dispute between the parties individually. Neither party may consolidate proceedings or participate as a representative or member of any class.

15. Changes to These Terms

We may update these Terms from time to time. For changes that materially reduce Customer’s rights or increase Customer’s obligations, we will provide at least thirty (30) days’ advance notice by email to the address on Customer’s account, by in-product notice, or by posting an updated version on our website with a revised effective date. If Customer objects to a material change, Customer may terminate the affected subscription by giving notice before the change takes effect, and we will refund pre-paid Fees for the unused portion of the term. Continued use of the Service after the effective date of a change constitutes acceptance of the change. Non-material changes (for example, clarifications, formatting, or updates that reflect new features that do not reduce Customer’s rights) take effect on posting.

16. Personal Use Customers

16.1 When this Section applies

This Section 16 applies if Customer is an individual using the Service wholly or mainly for personal, non-business purposes (a “Personal Use Customer”). Where this Section conflicts with another section of these Terms, this Section controls for Personal Use Customers. The other sections continue to apply except as modified here.

16.2 Modifications for Personal Use

For a Personal Use Customer:

(a) References to Customer and Authorized Users. “Customer” means the individual accepting these Terms. The provisions concerning Authorized Users do not apply, except that a Personal Use Customer remains responsible for any person to whom the Customer shares access credentials.

(b) Purpose of use. References in Section 1 to “internal business purposes” are read as “personal, non-business use.” Section 4 (Acceptable Use) continues to apply in full.

(c) Data processing roles. A Personal Use Customer is the data subject for personal data the Personal Use Customer submits about themselves and is the controller for personal data the Personal Use Customer submits about other identifiable individuals (for example, the names and email addresses of people the Personal Use Customer corresponds with). The Data Processing Addendum applies to the extent the Personal Use Customer is acting as a controller in respect of identifiable third parties; otherwise, the Privacy Policies govern.

16.3 Statutory Consumer Rights

Nothing in these Terms excludes or limits any right that the Personal Use Customer has under applicable consumer protection law that cannot lawfully be excluded or limited, including:

(a) for Personal Use Customers in the United Kingdom, rights under the Consumer Rights Act 2015 (including the implied terms that the Service will be of satisfactory quality, fit for any purpose made known to us, and provided with reasonable care and skill);

(b) for Personal Use Customers in the European Economic Area, rights under the EU Consumer Rights Directive (2011/83/EU), including any applicable right to cancel a distance contract within fourteen (14) days of conclusion (a Personal Use Customer who starts using the Service during the cancellation period acknowledges that the right to cancel may end when the Service has been fully performed); and

(c) for Personal Use Customers in the United States, rights under applicable state consumer protection law, including the California Consumer Privacy Act as amended.

To the extent any provision of these Terms (including warranty disclaimers, liability limits, indemnities, or dispute resolution provisions) cannot lawfully be enforced against the Personal Use Customer under applicable consumer law, that provision applies only to the maximum extent permitted by law.

16.4 Dispute Resolution for Personal Use Customers

Section 14.2 (Arbitration) and Section 14.3 (No Class Actions) do not apply to Personal Use Customers to the extent that mandatory consumer protection law gives the Personal Use Customer a non-waivable right to bring a claim in the courts of the Personal Use Customer’s place of residence or to participate in a class or representative action. In those cases, the Personal Use Customer may bring the claim in those courts, and we may bring claims against the Personal Use Customer only in the courts of the Personal Use Customer’s place of residence.

16.5 Cancellation and Refunds

Personal Use Customers may cancel a paid subscription at any time through the Service or by contacting support. Refund rights for Personal Use Customers are as required by applicable consumer protection law. Where consumer law gives the Personal Use Customer a right to a refund that exceeds Section 7.3 (Termination for Convenience), the consumer law right controls.

17. General

17.1 Notices

Notices to Customer may be given by email to the address on Customer’s account or by in-product notice. Notices to us must be sent to legal@thisandthat.chat, with a copy to This and That Technologies, Inc. at the address on our website.

17.2 Assignment

Neither party may assign the Agreement without the other party’s prior written consent, except that either party may assign the Agreement, on notice, in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets or equity. Any other purported assignment is void.

17.3 Independent Contractors

The parties are independent contractors. The Agreement does not create any partnership, joint venture, agency, or employment relationship.

17.4 Subcontractors

We may use sub-processors and subcontractors to provide the Service. The current list of sub-processors that process Customer Data is published at thisandthat.chat/subprocessors. We remain responsible for the acts and omissions of our sub-processors as if they were our own.

17.5 Force Majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbances, labor disputes, internet or telecommunications failures, or governmental action.

17.6 Severability and Waiver

If any provision of the Agreement is held unenforceable, the remaining provisions remain in effect. A party’s failure to enforce any provision is not a waiver of its right to do so later.

17.7 Entire Agreement

The Agreement is the entire agreement between the parties regarding the Service and supersedes all prior or contemporaneous agreements, proposals, or representations on that subject. Any pre-printed terms on a Customer purchase order or similar document are rejected and have no effect.

17.8 Order of Precedence

In the event of conflict among the documents that make up the Agreement, the following order of precedence applies, in descending order of priority: (a) any signed Order Form or written agreement that references these Terms; (b) the DPA; (c) these Terms; (d) the Privacy Policies; (e) the Sub-processor List.

17.9 Headings

Headings are for convenience only and do not affect interpretation.

Contact

Questions about these Terms? Email legal@thisandthat.chat.

Changelog

• June 9, 2026. Replaced the prior consumer Terms of Use (October 2023) with a B2B Terms of Service. Changed governing law from New York to Delaware. Moved dispute resolution from AAA to JAMS arbitration. Added mutual fee-based liability cap and exclusions. Added confidentiality. Added notice and objection rights for material changes. Broadened the Service definition and added Section 1.5 to cover desktop applications, browser extensions, Google Workspace add-ons, application programming interfaces, and the MCP server. Updated Section 5.1 to list the full set of customer-connected third-party services. Added an in-account personalization carve-out to Section 3.4 to permit personalizing results within Customer’s account (including across Customer’s Authorized Users on the same account) using Customer’s own data and feedback, without sharing that personalization across customers or using it to train shared models. Added Section 1.6 mapping the legal vocabulary (Customer, Customer’s account, Authorized Users) to the in-product names (Team Owner, Team, Members). Added Section 16 (Personal Use Customers) preserving statutory consumer rights under UK, EU, and US consumer protection law. Cross-referenced the DPA, Sub-processor List, and Privacy Policies.