PLEASE READ THESE TERMS CAREFULLY. THEY ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND ALL FAIR CORPORATION. You accept them by checking the box or clicking “I agree” when you create an account, by accepting an invitation to a Sponsored Account, or by signing an Order Form that references them. If you don't agree, don't use the Service.
SECTION 45 CONTAINS A MUTUAL AGREEMENT TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION, AND WAIVERS OF CLASS ACTIONS AND JURY TRIALS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS (SECTION 45.8).
The short version. This summary is for convenience only. The full Terms below control.
Your data is yours. You can export it at any time and ask us to close your Account whenever you like.
A partner organization that pays for your Account doesn't get your data. You choose what to share, and you can revoke access.
We store and use your data, and what we derive from it, to provide, support, secure, and improve the Service. It's encrypted in transit, and our team can access it when needed (Section 12.5).
We don't sell your data, and we don't train AI models on it.
Some information and suggestions in the Service are worked out by algorithms, and some are generated by AI. They can be wrong, they aren't financial, legal, tax, or investment advice, and they don't replace your judgment.
The Service is offered only to businesses located in Illinois (Section 4.2).
Partner organizations agree to the rules in Section 24. We publish them so you can read them.
Disputes go to individual arbitration unless you opt out within 30 days.
Part A The Basics
1. Agreement to These Terms
1.1The contract. These Terms of Service (“Terms”) are a contract between you and All Fair Corporation (“All Fair,” “we,” “us,” or “our”). They govern your access to and use of our website at www.all-fair.com, our web application at app.all-fair.com, and related services (together, the “Service”).
1.2How you accept. You accept these Terms when you (a) check the box or click to agree when you create an Account, (b) accept an invitation to a Sponsored Account, or (c) sign or accept an Order Form that references these Terms. If you use our public website without an Account, these Terms apply to that use, and by continuing to use the website you agree to them.
1.3Accepting for a business. If you accept these Terms for a business or other organization, you confirm that you're authorized to bind it, and “you” means both you and that organization.
1.4Related documents. Our Privacy Policy explains how we handle personal information and is part of these Terms. If you're a Partner Organization, Section 24 and your Order Form also apply.
1.5If you don't agree to these Terms, don't use the Service.
2. Who We Are
2.1All Fair. All Fair Corporation is a Delaware corporation. It provides the Service and is the party to these Terms.
2.2Illuminating Impact. Illuminating Impact LLC is the venture studio that conceived All Fair and supports its development. It provides technology infrastructure and support services to All Fair, such as email, domain and server management, and hosting support, as well as consulting and advisory services. It isn't a party to these Terms. It handles personal information only on All Fair's behalf and under our Privacy Policy, and it's entitled to the protections these Terms give All Fair's affiliates in Sections 40 through 42.
2.3What we are not. All Fair is a technology company. We aren't a bank, lender, broker, payment processor, investment adviser, tax preparer, or consumer reporting agency, and we don't make lending or credit decisions (Section 39).
3. Definitions
In these Terms, the following words have these meanings. Other terms are defined where they first appear.
“Account” means an account for the Service.
“AI Features” means features of the Service that use machine learning or artificial intelligence models, including models provided by third parties.
“Authorized User” means an individual a Business allows to use its Account, such as an owner, employee, or bookkeeper.
“Business” means a business, sole proprietor, or other organization that has an Account to manage its own information in the Service.
“Connected Account” means a third-party account or service, such as a bank, accounting, or payment platform, that you authorize the Service to access.
“Order Form” means an order, statement of work, or similar document that references these Terms and is signed or accepted by a Partner Organization or another customer.
“Partner Organization” means an organization, such as a community development financial institution (CDFI) or business support organization, that has accepted Section 24 through an Order Form in order to support Businesses through the Service.
“Partner User” means an individual authorized by a Partner Organization to use the Service on its behalf.
“Privacy Policy” means the All Fair Privacy Policy at www.all-fair.com/privacy.
“Program Basics” means the limited information every Partner Organization receives about a Business it works with, as described in Section 19.2.
“Retained Record” means the Share Packages a Business sent to a Partner Organization, files the Partner Organization downloaded while it had access, together with the Partner Organization's own notes, which the Partner Organization may keep after a Sharing Grant ends, as described in Section 21.
“Sensitive Information” means Social Security numbers and other taxpayer identification numbers, government identification numbers, dates of birth, full financial account numbers, and account credentials.
“Service Outputs” means reports, dashboards, forecasts, insights, summaries, and other outputs the Service generates from Your Data.
“Share Package” means one or more files that a Business shares with a Partner Organization through the Service.
“Sharing Grant” means a Business's approval, given through the Service, allowing a Partner Organization to view specified areas of the Business's information, for example by accepting the Partner Organization's invitation or data request.
“Sponsored Account” means a Business's Account whose fees are paid in whole or in part by a Partner Organization, which is called its “Sponsor.”
“Third-Party Personal Information” means personal information about individuals other than you, such as your customers, employees, contractors, or vendors, that appears in Your Data.
“Workspace” means the part of the Service where a Business and a Partner Organization work together on information the Business has chosen to share.
“Your Data” means information you upload to, enter into, or connect with the Service, including documents, financial records, and your conversations with AI Features.
When these Terms say “you,” they mean a Business and its Authorized Users, or a Partner Organization and its Partner Users, as the context requires.
4. Eligibility
4.1Age and capacity. You must be at least 18 years old and able to form a binding contract.
4.2Business use in Illinois. The Service is for business use. It's currently available only to Businesses located in Illinois, and to Partner Organizations for their work with those Businesses. It isn't offered in California. By creating an Account, you confirm that your business is located in Illinois.
4.3Sanctions. You confirm that you aren't located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you aren't on a U.S. government restricted-party list, such as the Specially Designated Nationals List maintained by the Office of Foreign Assets Control (OFAC).
5. Changes to These Terms
5.1Updates. We may update these Terms from time to time. We'll post each new version with its effective date and keep previous versions available at www.all-fair.com/legal/archive.
5.2Material changes. If a change materially affects your rights or obligations (for example, a change to fees, to dispute resolution, or to how we use or share information), we'll notify you by email or in the Service at least 30 days before it takes effect and ask you to accept it. If you haven't accepted a material change by its effective date, we may pause your use of the Service until you do. You'll still be able to export Your Data, and you may close your Account.
5.3Other changes. Changes that don't materially affect you, such as clarifications or descriptions of new features, take effect when posted, and continuing to use the Service means you accept them.
5.4No retroactive changes to data use. We won't apply a change that expands how we use or share information we already hold unless you agree to that change.
5.5Existing disputes. A change to these Terms doesn't apply to a Dispute (defined in Section 45.1) that arose before the change took effect.
Part B Your Account
6. Creating and Managing Your Account
6.1Accurate information. Give us accurate, current, and complete information when you create your Account, and keep it up to date.
6.2Honest use. Don't create an Account for anyone else without their authorization, and don't create multiple Accounts to mislead anyone or to get around limits.
6.3Authorized Users. If you invite Authorized Users, you're responsible for what they do in your Account, for the permissions you give them, and for removing their access when they no longer need it.
6.4Sponsored Accounts. If you received your Account through a Sponsor, Section 19 also applies.
7. Account Security
7.1Credentials. Keep your login credentials confidential and don't share them. You're responsible for activity in your Account, except activity that results from our failure to meet our security obligations.
7.2Multi-factor authentication. When you sign in with a password, we also ask for a code we email to you, unless you've chosen to trust that browser, which lasts 30 days. If you sign in with Google, Google's own sign-in protections apply instead.
7.3Report problems. Tell us right away at info@all-fair.com if you believe someone has accessed your Account without authorization.
8. Suspension and Termination Procedures
8.1When we may act. We may suspend or terminate your access to the Service if:
- you materially breach these Terms, including Section 11 (Acceptable Use);
- your use creates a security risk to the Service or to others;
- we reasonably suspect fraud, harassment, infringement, or other unlawful activity;
- the law, a court, or a government authority requires it;
- fees you owe are more than 30 days overdue after we've notified you; or
- your Account has been inactive for 12 consecutive months.
8.2Notice and a chance to respond. Before we suspend or terminate your Account, we'll tell you why and give you at least 10 days to respond or fix the problem. We may act first and notify you promptly afterward if waiting would create a security risk, risk harm to others, violate the law, or allow suspected fraud to continue.
8.3Human review. A person, not only an automated system, reviews each decision to suspend or terminate an Account. If you disagree with a decision, reply to our notice or write to info@all-fair.com with “Account Review” in the subject line. We'll review the decision again and tell you the outcome.
8.4Inactive Accounts. Before closing an Account for inactivity, we'll email you at least 30 days in advance so that you can sign in or export Your Data.
8.5Your Data. Unless the law prevents it, you can export Your Data while your Account is suspended, and for the period described in Section 32.4 after it's terminated.
Part C Using the Service
9. What the Service Does
9.1The Service helps Businesses organize and understand their financial and operational information. Depending on your plan, you can upload documents such as bank statements, financial statements, invoices, and business tax documents; view dashboards, forecasts, and insights, including AI-generated insights; ask questions about your business in an AI chat; and work with Partner Organizations you choose to share information with.
9.2The Service doesn't move money, hold funds, process your customers' payments, prepare or file tax returns, or make lending or credit decisions.
10. Your License to Use the Service
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service during your subscription for your internal business purposes or, for a Partner Organization, to support Businesses as Section 24 permits.
11. Acceptable Use
You agree not to do any of the following, or help or allow anyone else to:
- use the Service in violation of any law or regulation, or for fraud or deception;
- upload information you don't have the right to upload, or that infringes or misappropriates anyone's rights;
- access, or attempt to access, any Account or information you aren't authorized to see;
- share login credentials, or let anyone who isn't an Authorized User or Partner User use the Service;
- harass, threaten, or intimidate anyone, including our staff;
- upload viruses or other harmful code, or interfere with, disrupt, or overload the Service;
- probe, scan, or test the vulnerability of the Service, or bypass its security, access controls, or rate limits, except as allowed by [our published vulnerability disclosure policy] or a written agreement with us;
- reverse engineer, decompile, or attempt to derive the source code, model weights, or non-public algorithms of the Service, except to the extent the law expressly permits;
- scrape, crawl, or extract data from the Service by automated means without our written permission;
- use the Service to build or train a competing product, or to benchmark it for a competitor;
- impersonate any person or misrepresent your affiliation with any person or organization; or
- use the Service or Service Outputs to discriminate unlawfully against anyone.
12. Your Data
12.1You own Your Data. As between you and All Fair, you keep all rights in Your Data.
12.2Your responsibilities. You're responsible for Your Data. You confirm that you have the rights and permissions needed to upload it and to let us process it as described in these Terms and the Privacy Policy.
12.3Our limited license. You grant All Fair a non-exclusive, royalty-free license to host, copy, process, transmit, and display Your Data only as needed to (a) provide, maintain, secure, and support the Service for you, and improve it; (b) share it as you direct, including through Sharing Grants and Share Packages; (c) create de-identified, aggregated data as described in the Privacy Policy; and (d) comply with the law. Our service providers may do these things for us under written contracts. This license ends when Your Data is deleted, including from backups and our change log, as described in the Privacy Policy. It continues only for de-identified, aggregated data, which doesn't identify you.
12.4What we don't do. We don't sell Your Data or use it for advertising. We don't use it to train AI models (Section 16.4). We won't use your name, logo, or information to promote All Fair without your permission.
12.5Our access to Your Data. All Fair personnel, and contractors acting for us (including Illuminating Impact), may access Your Data, including documents, financial records, and conversations with AI Features, when needed to provide, support, secure, and improve the Service and to comply with the law. For example, our team reviews documents you upload during onboarding to check how they were read. We limit this access to people who need it, and changes anyone makes to Your Data are logged.
13. Documents and Sensitive Information
13.1Upload what's needed. Financial documents often contain Sensitive Information. For example, a tax return shows a taxpayer identification number, and a bank statement shows a full account number. Upload only the documents you need for the features you use. You may redact information you don't need to share with us, such as dependents listed on a personal tax return.
13.2What not to upload. Unless a feature specifically asks for it, don't upload payment card numbers, passwords or security codes, or health or medical information.
13.3How we treat Sensitive Information. We protect Sensitive Information with the additional safeguards described in the Privacy Policy. We never provide Sensitive Information to Partner Organizations as data fields. However, a document you share with a Partner Organization, as a Share Package or through the documents area, is shared as it is, including any Sensitive Information it contains.
14. Information About Other People
14.1Your Data may include Third-Party Personal Information, such as the names of customers, employees, or vendors on bank statements or invoices.
14.2Our role. For Third-Party Personal Information, we act as your service provider (or processor). We process it only to provide the Service to you, on your instructions and as described in the Privacy Policy. We don't use it for our own marketing, we don't sell it, and we don't include it in benchmarks.
14.3Your role. You're responsible for giving any notice, and obtaining any consent or other legal basis, required to provide Third-Party Personal Information to us, and for responding to requests from those individuals. If one of them contacts us, we'll refer them to you where we can.
14.4Data processing addendum. If you need a data processing addendum, email info@all-fair.com.
15. Connected Accounts and Third-Party Services
15.1Connecting accounts. The Service doesn't connect to third-party accounts, such as your bank or accounting software, yet. Before it does, we'll update these Terms and the Privacy Policy to explain how connections work.
15.2Third parties are responsible for themselves. We don't control third-party services. We aren't responsible for their availability, accuracy, or security, or for how they collect, store, use, or disclose personal information, including information you give them directly. Their own terms and privacy policies govern those activities.
16. AI Features
16.1What they do. AI Features help extract information from documents, generate insights and forecasts, and answer questions about your business.
16.2Outputs can be wrong. Some information and suggestions in the Service are worked out by algorithms, and some are generated by AI. Outputs may be inaccurate, incomplete, or biased, and they may change as models change. They support your decisions; they aren't financial, legal, tax, or investment advice, and they don't replace your judgment. Review outputs before relying on them. You're responsible for your business decisions.
16.3Human review of automated decisions. If we make an automated decision that significantly affects your Account, such as a suspension based on fraud signals, you can ask for human review by writing to info@all-fair.com with “Automated Decision Review” in the subject line.
16.4No training on Your Data. We don't use Your Data to train or improve AI models. If we ever offer that, it will be opt-in, and we'll ask for your consent first.
16.5Model providers. AI Features run on models provided by third parties: Anthropic, with OpenAI as a backup. They process Your Data under their terms for business customers, which don't allow them to train their models on it, and they keep it for a limited time to detect misuse, as the Privacy Policy describes. When you use AI Features, you must also follow the usage policy of the provider whose model runs them: Anthropic's Usage Policy (www.anthropic.com/legal/aup) and OpenAI's Usage Policies (openai.com/policies/usage-policies).
16.6Similar outputs. AI Features may produce similar outputs for other users. You may use Service Outputs as described in Section 32, but we don't promise that they're unique to you.
17. Changes to the Service and Beta Features
17.1Changes. We may add, change, or remove features. If a change materially reduces the Service you've paid for during a prepaid term, you may cancel and receive a prorated refund of the prepaid fees for the rest of that term.
17.2Beta features. Features labeled beta, preview, or similar may be less reliable. They're provided “as is,” and we may change or end them at any time.
Part D Partner Organizations and Shared Workspaces
18. How Partner Relationships Work
18.1Partner Organizations, such as community lenders and business support organizations, use All Fair to advise and support small businesses. Some of them sponsor Businesses' Accounts.
18.2Sponsorship isn't access. Sponsorship pays for an Account; it never buys access to the Business's data. Apart from Program Basics (Section 19.2), a Partner Organization can see a Business's information only through a Sharing Grant that the Business approves. A sponsored-seat invitation shares nothing beyond Program Basics.
18.3Published partner obligations. Sections 18 through 23 describe what Businesses can expect. Section 24 sets out the obligations Partner Organizations accept. We publish those obligations here so that you can read the rules your partners have agreed to.
19. Sponsored Accounts
19.1Your Account is yours. If a Sponsor pays for your Account, you, not the Sponsor, are the Account holder. A Sponsor can't delete your Account, change your settings, or see your information beyond Program Basics, what you share with it, and what you exchange with it in the Service.
19.2Program Basics. Every Partner Organization you work with, including your Sponsor, receives your Program Basics: your business name; the names and email addresses of the people on your Account; the status and dates of your relationship with it and of any sponsorship; and which areas you've shared with it. It also sees the messages, tasks, and files you exchange with it in the Service. Program Basics never include financial records, transactions, documents, or Service Outputs.
19.3No penalty for declining. You don't have to share anything beyond Program Basics to keep your Sponsored Account. Declining or revoking a Sharing Grant won't close your Account, and Sponsors agree not to end a sponsorship because you declined or revoked optional sharing (Section 24.7).
19.4When a sponsorship ends. If your Sponsor ends a sponsorship, we'll tell you in the Service and by email at least 14 days before it ends. Ending a sponsorship doesn't end your Sponsor's access to the areas you've shared; you can revoke that access at any time (Section 21). Your Account and Your Data remain yours. You can move to a paid seat and carry on. If you don't, you keep full access for 7 days after the sponsorship ends; then your Account becomes read-only and stops being in active standing, and Section 32.4 applies.
19.5Program terms. A Sponsor's program may have its own eligibility rules or terms. Those are between you and the Sponsor.
20. Sharing Grants and Share Packages
20.1You decide. A Partner Organization may ask you for access in its invitation to join All Fair or, once you're connected, in a data request. An invitation lists the areas it asks to see, and accepting the invitation approves a Sharing Grant for them. A data request also lists areas; you choose which to approve, and you can add or remove areas before you do. Some areas include the information they're built from; for example, unit economics includes your sales, recipes and materials, and labor.
20.2Only you can approve. A Sharing Grant must be approved from your Account by you or by an Authorized User you've permitted to do so. Partner Users can't approve Sharing Grants for you.
20.3Standing access and Share Packages. A Sharing Grant may give the Partner Organization standing, view-only access to the approved categories as they update. You may also share files as Share Packages at any time; the Partner Organization can open and download them until you stop sharing them or the share expires.
20.4Duration. A Sharing Grant lasts until you revoke it. It doesn't expire on its own, and it doesn't end when a sponsorship ends.
20.5Visibility. Advisors → Access in your Account shows the areas you share, and your data export includes a log of what you've shared and when. We don't currently log when Partner Users view your information.
20.6Information that isn't shared as data. We don't provide Sensitive Information to Partner Organizations as data fields, and we don't share Third-Party Personal Information as individual records, except as it appears in the areas and documents you share (Section 13.3).
21. Revocation and Retained Records
21.1Revoke at any time. You can revoke a Sharing Grant at any time under Advisors → Access in your Account, or by emailing info@all-fair.com. Revocation stops new access through the Service right away; a viewing session the Partner Organization already has open ends within an hour.
21.2Revocation works going forward. Revocation stops future access. It can't recall information a Partner Organization already received. After revocation, the Partner Organization may keep only its Retained Record: the Share Packages you sent, files it downloaded while it had access, and its own notes. It may use the Retained Record only for record-keeping and to meet its legal obligations, and it must delete the Retained Record when those obligations end.
21.3What was shared. Your data export includes a log of the areas and files you've shared and when. To find out what a Partner Organization could see before you revoked its access, email info@all-fair.com.
21.4What revocation doesn't affect. Revocation doesn't affect aggregated, de-identified program reports produced before you revoked, your Account, or your other Sharing Grants.
22. Workspace Content and Partner-Provided Information
22.1Who owns what. Content you create or upload in a Workspace is Your Data. Content a Partner User creates, such as notes, belongs to the Partner Organization.
22.2Partner notes. A Partner Organization can keep notes about its work with you in the Service. Its notes are private to it: you don't see them in the Service, though All Fair staff can (Section 12.5).
22.3Partner-provided information. A Partner Organization can add its own references to your Account, such as a cohort or loan number. If you give it access to your onboarding, it can upload documents for you and help prepare your records, and nothing it prepares is added to Your Data until you approve it. The Partner Organization is responsible for having the right to provide what it uploads.
22.4More than one partner. You may work with more than one Partner Organization. Each has its own Sharing Grants, and no Partner Organization can see another's access, notes, or Share Packages.
23. Partner Organizations Are Independent
23.1Partner Organizations aren't All Fair's agents or employees. Their advice, programs, eligibility rules, and decisions are their own, and All Fair isn't responsible for them.
23.2A Partner Organization's handling of its Retained Records, and of any information it holds outside the Service, is governed by its own privacy policy and its agreements with you.
23.3If we reasonably believe a Partner Organization has misused information shared through the Service, we may suspend its access, and we'll tell the affected Businesses.
24. Additional Terms for Partner Organizations
This Section 24 applies to Partner Organizations and their Partner Users. A Partner Organization accepts it by signing or accepting an Order Form. If an Order Form conflicts with this Section, this Section controls unless the Order Form gives Businesses more protection. In this Section, “you” means the Partner Organization.
24.1Permitted Purpose. You may use information shared through the Service only to advise, provide technical assistance to, and administer programs for the Business that shared it (the “Permitted Purpose”).
24.2Prohibited uses. You must not use information shared through the Service:
- to make, or as a factor in, any lending, underwriting, credit, loan servicing, collection, or other eligibility decision about a Business or its owners, even if you also lend to that Business;
- for sale, rental, or any other exchange for value;
- for marketing unrelated to the program the Business participates in;
- to build profiles by combining it with other information, except as the Permitted Purpose requires;
- to attempt to re-identify de-identified or aggregated information; or
- by entering it into any artificial intelligence tool or service outside the Service.
24.3Onward disclosure. You must not disclose information shared through the Service to anyone, including your affiliates and funders, except:
- to your personnel and contractors who need it for the Permitted Purpose and are bound by confidentiality obligations at least as protective as this Section;
- in aggregated, de-identified reports in which every reported group includes at least 10 Businesses; or
- as required by law, after notifying the Business where the law permits.
24.4Partner Users. You're responsible for your Partner Users. You must (a) give access only to staff who need it for the Permitted Purpose, and not to staff who make lending or credit decisions about the Business; (b) require multi-factor authentication; (c) prohibit shared logins; and (d) remove access for departing staff within 2 business days.
24.5Security. You must maintain reasonable administrative, technical, and physical safeguards for information you access through the Service or keep in a Retained Record. You must notify All Fair at info@all-fair.com within 72 hours after discovering a security incident involving that information, and cooperate with us in notifying affected Businesses. You'll provide a written security attestation once a year if we ask.
24.6Revocation and Retained Records. You must honor revocations immediately; stop using information outside your Retained Record; use Retained Records only for record-keeping and to meet legal obligations; keep them only as long as those obligations require; and then delete them. Your own privacy notice must cover your Retained Records, for which you're independently responsible.
24.7Sponsorship commitments. As a Sponsor, you (a) receive only Program Basics unless a Business grants more; (b) must not end, or threaten to end, a sponsorship because a Business declined or revoked optional sharing; and (c) must give All Fair at least 14 days' notice before ending a sponsorship, unless your Order Form provides otherwise, so that we can notify the Business.
24.8Oversight. We may review your Partner Users' activity in the Service, ask for information reasonably needed to confirm that you're complying with this Section, and suspend your access if we reasonably believe you've breached it. We may tell affected Businesses about a breach.
24.9Responsibility. You're responsible for your and your Partner Users' compliance with this Section and with applicable law, and you'll provide the indemnity described in Section 42.2.
24.10Fees. Fees under your Order Form are for access to the Service and for seats. They aren't payment for access to any Business's information.
24.11Offboarding. When your Order Form ends, your Partner Users' access ends, your sponsored Businesses keep their Accounts (Section 19.4), and Sections 24.2 through 24.9 continue to apply to information you keep.
Part E Fees and Billing
25. Plans and Fees
25.1Some features require a paid subscription. Fees are shown on our pricing page or in your Order Form. They're stated in U.S. dollars and exclude taxes unless stated otherwise.
25.2Sponsored Accounts. While a sponsorship lasts, you won't be charged for the plan your Sponsor covers. Section 19.4 explains what happens when it ends.
26. Billing, Renewal, and Payment Processing
26.1Automatic renewal. Monthly and annual subscriptions renew automatically for the same period unless you cancel before the renewal date. We'll remind you at least [15] days before an annual subscription renews.
26.2Authorization. You authorize us and our payment processor to charge your payment method for fees and applicable taxes when they're due. If a payment fails, you keep full access for 7 days; after that, your Account becomes read-only, so you can still see and export Your Data, until the payment goes through.
26.3Payment processing. Payments are processed by Stripe, Inc. under its own terms and privacy policy. We don't store full payment card numbers.
26.4Invoiced customers. Partner Organizations and other customers with an Order Form are invoiced as the Order Form states.
27. Free Trials
If we offer a free trial, it becomes a paid subscription only if you've added a payment method and agreed to be charged. We'll remind you at least [3] days before the trial ends. We may limit free trials to one per Business.
28. Price Changes
We'll give you at least 30 days' notice before a price increase takes effect. The increase will apply from your next renewal. If you don't agree to it, you can cancel before then.
29. Cancellation and Refunds
29.1Canceling. You can cancel at any time in your settings or by writing to info@all-fair.com. Cancellation takes effect at the end of your current billing period, and you'll keep access until then.
29.2Refunds. Fees are non-refundable except where the law requires a refund or these Terms provide one (Sections 17.1 and 43.3). If you think you've been charged in error, tell us within 60 days of the charge and we'll investigate.
30. Taxes
You're responsible for taxes on your purchases, other than taxes on All Fair's income. Features that organize tax documents or display tax-related information don't provide tax advice.
Part F Intellectual Property
31. Our Intellectual Property
All Fair and its licensors own the Service, including its software, source code, text, design, user interface, algorithms, machine learning models, documentation, graphics, logos, and trademarks, and all improvements to them. These are protected by intellectual property laws. Except for the license in Section 10, these Terms don't give you any rights in the Service. Don't use our names or logos without our written permission.
32. Your Data, Exports, and Service Outputs
32.1Your Data. You can export Your Data at any time while you have an Account, in a standard machine-readable format. Owners and admins can download it as a spreadsheet under Settings → Data & Privacy. The export doesn't yet include the files you uploaded or your conversations with AI Features; for those, email info@all-fair.com.
32.2Service Outputs. You may view, download, and use Service Outputs in your business while your subscription or sponsorship is active. [After your Account ends, you won't have access to Service Outputs you didn't download.]
32.3Our technology. All Fair owns the Service, including its models, algorithms, software, and improvements, and de-identified, aggregated data derived from use of the Service. Your export rights don't extend to them.
32.4When your Account stops being in active standing. Your Account stops being in active standing when you close it or ask us to delete it, when a seat you pay for ends because you canceled it or it went unpaid, when a sponsorship ends and you don't move to a paid seat, or when we suspend or terminate it for a breach of these Terms. We delete Your Data 30 days after that, except as the Privacy Policy describes (for example, billing records and our change log). Until then, you can export Your Data or ask us for a copy at info@all-fair.com.
32.5Privacy rights. Nothing in this Section limits any right you have under applicable law to receive a copy of personal information we hold about you.
33. Feedback
If you send us ideas, suggestions, or other feedback, we may use them without any obligation to you. We won't identify you publicly as the source without your permission.
34. Copyright Complaints
34.1Designated agent. We respect intellectual property rights. If you believe material on the Service infringes your copyright, send a written notice to our designated agent: [agent name], All Fair Corporation, c/o Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713; email info@all-fair.com; phone [number].
34.2What a notice must include. Your notice must include:
- your physical or electronic signature;
- identification of the copyrighted work you claim is infringed;
- identification of the material you claim is infringing, with enough information for us to locate it on the Service;
- your name, address, telephone number, and email address;
- a statement that you have a good-faith belief that the use isn't authorized by the copyright owner, its agent, or the law; and
- a statement, under penalty of perjury, that the information in your notice is accurate and that you're the copyright owner or authorized to act for the owner.
34.3What we do. When we receive a valid notice, we'll remove or disable access to the material and promptly notify the user who provided it, including a copy of the notice.
34.4Counter-notice. If you believe material was removed by mistake or misidentification, you may send our designated agent a counter-notice. It must include your physical or electronic signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is located and will accept service of process from the person who sent the original notice or that person's agent.
34.5Restoration. We'll send a copy of a valid counter-notice to the person who sent the original notice. Unless that person tells us they've filed a court action seeking to restrain the alleged infringement, we'll restore the material no sooner than 10 and no later than 14 business days after we receive the counter-notice.
34.6Repeat infringers. In appropriate circumstances, we'll terminate the Accounts of users who repeatedly infringe others' copyrights.
Part G Privacy, Security, and Compliance
35. Privacy
Our Privacy Policy explains what information we collect, how we use and share it, and the choices you have. In short: we store and use your information to provide, support, secure, and improve the Service; we don't sell personal information; we don't train AI models on Your Data; and Partner Organizations see your information only through Program Basics and Sharing Grants you approve. If these Terms and the Privacy Policy conflict about how we handle personal information, the Privacy Policy controls.
36. Security
36.1Our safeguards. We maintain administrative, technical, and physical safeguards designed to protect Your Data, as described in the Privacy Policy. Your Data is encrypted in transit, and our database and file-storage provider encrypts it at rest. We make good-faith efforts to protect it, but no system is perfectly secure.
36.2Incidents. If we learn of a security incident that compromises Your Data, we'll notify you without unreasonable delay and as the law requires, and we'll tell you what happened and what we're doing about it.
36.3Your part. You're responsible for securing your devices, credentials, and Connected Accounts, and for information after you download it from the Service.
36.4Reporting vulnerabilities. Please report suspected vulnerabilities to info@all-fair.com.
37. Sanctions and Export Controls
You'll comply with U.S. sanctions and export control laws. You won't use the Service, or give access to it, in violation of those laws, including for the benefit of any person or place subject to comprehensive U.S. sanctions or any person on a U.S. restricted-party list. If we determine that an Account is subject to sanctions, we'll suspend it as the law requires.
38. Legal Requests and Unlawful Activity
We may preserve and disclose information, and cooperate with law enforcement, as described in the Privacy Policy. This includes when we believe in good faith that it's necessary to comply with the law or legal process; to protect the rights, safety, or property of our users, the public, or All Fair; or to investigate suspected fraud or illegal activity. Where the law allows, we'll notify you before disclosing Your Data in response to legal process.
Part H Disclaimers, Liability, and Indemnity
39. Not Professional Advice; Not a Financial Institution
39.1The Service and Service Outputs provide information and decision support. Some of it is worked out by algorithms, and some is generated by AI. They aren't financial, legal, tax, accounting, investment, lending, or other professional advice, and they don't replace your own judgment. Consult a qualified professional before making important decisions.
39.2All Fair isn't a bank, lender, broker, payment processor, investment adviser, tax preparer, or consumer reporting agency, and we don't make lending or credit decisions. Service Outputs aren't credit reports or credit scores, and no one may use them as a factor in deciding any individual's eligibility for credit, insurance, employment, or housing.
39.3Partner Organizations are independent, as described in Section 23.
40. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR THE PRIVACY POLICY, THE SERVICE AND SERVICE OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, ALL FAIR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT SERVICE OUTPUTS WILL BE ACCURATE OR COMPLETE, OR THAT DEFECTS WILL BE CORRECTED, AND WE DON'T GUARANTEE ANY LEVEL OF AVAILABILITY UNLESS A SIGNED ORDER FORM SAYS OTHERWISE.
WE AREN'T RESPONSIBLE FOR THIRD-PARTY SERVICES OR CONNECTED ACCOUNTS, OR FOR THE ACTS OR OMISSIONS OF PARTNER ORGANIZATIONS, INCLUDING HOW ANY THIRD PARTY COLLECTS, STORES, USES, OR DISCLOSES PERSONAL INFORMATION.
41. Limitation of Liability
41.1Excluded damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
41.2General cap. EXCEPT AS SECTION 41.3 PROVIDES, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU OR ON YOUR BEHALF, INCLUDING BY A SPONSOR, FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) US$30, ONE MONTH OF A SEAT.
41.3Exceptions. The limits in Sections 41.1 and 41.2 don't apply to (a) a party's gross negligence, willful misconduct, or fraud; (b) your obligation to pay fees; (c) obligations under Section 42 (Indemnification); (d) a Partner Organization's breach of Section 24; or (e) liability that can't be limited under applicable law.
41.4Where the law differs. Some jurisdictions don't allow certain exclusions or limitations. In those jurisdictions, these limits apply to the fullest extent the law allows.
41.5Affiliates. These limits also protect All Fair's affiliates, including Illuminating Impact LLC. The total liability of All Fair and its affiliates together won't exceed the amount in Section 41.2.
42. Indemnification
42.1By Businesses and other users. You'll defend, indemnify, and hold harmless All Fair, its affiliates (including Illuminating Impact LLC), and their officers, directors, employees, and agents from third-party claims, and from related losses, damages, and reasonable attorneys' fees, arising from (a) Your Data, including any claim that you lacked the right to provide Third-Party Personal Information; (b) your use of the Service and of Service Outputs, including decisions you make based on them; (c) information you share with Partner Organizations or others through the Service, and your dealings with them; (d) your violation of these Terms or the law; or (e) your infringement of anyone's rights. This doesn't apply to the extent a claim results from All Fair's breach of these Terms, negligence, or misconduct.
42.2By Partner Organizations. Each Partner Organization will defend, indemnify, and hold harmless All Fair, its affiliates, and affected Businesses from third-party claims, and from related losses, damages, and reasonable attorneys' fees, arising from the Partner Organization's or its Partner Users' breach of Section 24 or misuse of information shared through the Service.
42.3Process. The party seeking indemnity will promptly notify the indemnifying party of the claim, reasonably cooperate, and let the indemnifying party control the defense. The indemnifying party won't settle a claim in a way that admits fault by, or imposes obligations on, the other party without that party's written consent.
Part I Term and Termination
43. Term, Termination, and Survival
43.1Term. These Terms apply from when you first accept them until your Account is closed and any Order Form has ended.
43.2Closing your Account. You can close your Account at any time by writing to info@all-fair.com. Closing your Account ends your Sharing Grants. It doesn't relieve you of obligations incurred before it closes, such as fees for past periods.
43.3Termination by All Fair. We may suspend or terminate your Account as described in Section 8. We may also end these Terms for any reason on 30 days' written notice, in which case we'll refund any prepaid fees for the period after termination.
43.4Effect of termination. When your Account closes, your access ends, subject to the export rights in Section 32.4; unpaid fees for past periods become due; your Sharing Grants end, and Section 21 applies to Retained Records; and we'll handle Your Data as described in the Privacy Policy.
43.5Survival. Provisions that by their nature should survive termination will survive, including Sections 12.3 (as to de-identified data), 21, 24.2 through 24.9, 31, 32.3 through 32.5, 39 through 42, and 44 through 52.
Part J Dispute Resolution
44. Governing Law and Informal Resolution
44.1Governing law. These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law rules. The Federal Arbitration Act governs Section 45.
44.2Talk to us first. Before starting an arbitration or court case, the party with a Dispute must send the other a written notice describing it and the relief sought. Send notices to All Fair at info@all-fair.com and All Fair Corporation, c/o Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713; we'll send notices to the email address for your Account. We'll both try in good faith to resolve the Dispute for 60 days after the notice is received. Any deadline to bring a claim is paused during that period.
45. Agreement to Arbitrate
45.1Mutual agreement. You and All Fair agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including their formation, performance, or breach (a “Dispute”), that isn't resolved informally will be resolved by final and binding individual arbitration, except as Section 45.6 provides. Either party may start arbitration. This Section 45 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and is intended to be valid, irrevocable, and enforceable to the fullest extent permitted by 9 U.S.C. § 2.
45.2Administrator and rules. The American Arbitration Association (“AAA”) will administer the arbitration under its [Commercial Arbitration Rules] in effect when the arbitration begins, as modified by this Section. The rules are available at adr.org.
45.3Arbitrator and authority. A single arbitrator will decide the Dispute. The arbitrator decides all questions about the interpretation, scope, validity, and enforceability of this Section, except that a court decides questions about Sections 45.5 and 45.9. The arbitrator may award any individual relief that a court could award and must issue a reasoned written decision.
45.4Location and format. Hearings will take place by video conference unless either party asks for an in-person hearing. An in-person hearing will take place in Cook County, Illinois, or, if you prefer, in the county of your principal place of business.
45.5Individual claims only; no class actions; no jury. YOU AND ALL FAIR MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING IT, AND ONLY TO THE EXTENT NEEDED TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. YOU AND ALL FAIR EACH WAIVE THE RIGHT TO A TRIAL BY JURY.
45.6Exceptions. Either party may (a) bring an individual claim in small claims court if the claim qualifies, and (b) ask a court for an injunction or other equitable relief to protect intellectual property or confidential information, or to stop unauthorized access to or use of the Service.
45.7Fees. Each party pays AAA fees as the AAA rules provide, except that [for a Dispute in which you seek less than US$25,000, All Fair will pay all AAA filing, administrative, and arbitrator fees unless the arbitrator finds your claim frivolous or brought for an improper purpose]. Each party pays its own attorneys' fees unless the law or the arbitrator's award provides otherwise.
45.8Right to opt out within 30 days. You may opt out of this agreement to arbitrate by emailing info@all-fair.com from your Account's email address within 30 days after you first accept these Terms. Include “Arbitration Opt-Out” in the subject line and your name and business name in the message. Opting out doesn't affect any other part of these Terms. If you opt out, Section 45.10 applies to Disputes.
45.9Multiple similar claims. If [25] or more similar Disputes are filed against All Fair by, or with the help of, the same law firm or coordinated group within [90] days, they will be administered under the AAA's rules for multiple case filings, in batches of up to [100] Disputes, with one arbitrator for each batch. [Confirm current AAA supplementary rules.]
45.10Courts. If you opt out under Section 45.8, if a Dispute isn't subject to arbitration, or if a court decides that Section 45.5 can't be enforced as to a particular claim, that claim will be decided only in the state or federal courts located in Cook County, Illinois, and you and All Fair consent to the personal jurisdiction of those courts. If Section 45.5 can't be enforced as to a claim, that claim must be severed and decided by a court, and the rest of this Section 45 still applies.
45.11Changes to this Section. If we make a material change to this Section 45, the change won't apply to a Dispute that arose before it took effect, and you may reject the change by emailing info@all-fair.com within 30 days after we notify you of it.
Part K General Terms
46. Entire Agreement and Order of Precedence
These Terms, the Privacy Policy, and any Order Form are the entire agreement between you and All Fair about the Service and replace any earlier agreements on that subject. If they conflict, (a) the Privacy Policy controls on how we handle personal information; (b) Section 24 controls on protecting Businesses' information, unless an Order Form gives Businesses more protection; and (c) otherwise, an Order Form controls over these Terms for the services it covers.
47. Assignment
You may not assign or transfer these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, and we'll notify you if we do. Any successor must honor the Privacy Policy for information collected under it, as the Privacy Policy describes.
48. Force Majeure
Neither party is responsible for failures or delays caused by events beyond its reasonable control, such as natural disasters, war, terrorism, pandemics, government action, labor disputes, or failures of the internet, utilities, or third-party hosting. This doesn't excuse payment obligations.
49. Severability and Waiver
If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted, and the rest of these Terms will remain in effect, subject to Section 45.10. A failure to enforce any provision isn't a waiver of it.
50. Notices and Electronic Communications
50.1Notices to you. We may send notices to the email address for your Account or through the Service. Email notices are received when sent, unless we receive a notice that delivery failed.
50.2Notices to us. Send legal notices to info@all-fair.com and to All Fair Corporation, c/o Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713.
50.3Electronic communications. You agree to receive agreements, notices, disclosures, and other communications from us electronically, and you agree that electronic communications and signatures satisfy any legal requirement that they be in writing or signed.
51. Relationship of the Parties; Third-Party Beneficiaries
You and All Fair are independent contractors. These Terms don't create a partnership, joint venture, agency, or employment relationship. No one other than you and All Fair has rights under these Terms, except that (a) All Fair's affiliates may rely on Sections 40 through 42, and (b) [a Business may enforce Sections 24.1 through 24.7 directly against a Partner Organization that breaches them with respect to that Business's information].
52. Interpretation
Headings and the plain-language summary at the beginning of these Terms are for convenience only and don't limit or change these Terms. “Including” means “including without limitation.”
53. Contact Us
All Fair Corporation
Email: info@all-fair.com, for support, privacy, security, and legal notices
Mail: All Fair Corporation, c/o Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713
Website: www.all-fair.com · App: app.all-fair.com
