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Terms of Service

Last Updated: 2024-06-26

Introduction

Better, PBC (“we,” “us,” “our”) operates Unize including specific services such as www.unize.org (“Unize Website”), app.unize.org (“Unize App”), and api.unize.org (“Unize AI API”). Collectively, these are referred to as the “Services.” The following terms of service (“Terms” or “Agreement”) govern the relationship between us and the person or entity using or accessing the Services we offer, including their authorized users such as employees, consultants, and agents (collectively referred to as “Customer,” “User,” “you,” or “your”).

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you disagree with any part of these Terms, then you do not have permission to access our Services.

Account Creation and Security

  1. You must be 13 years old or older to create an account with us.
  2. Account registration must be done by a human, not by a “bot” or any automated service. Accounts found to violate this rule will be subject to investigation and potential account termination.
  3. You are only allowed to create one account under your legal name.
  4. You must provide accurate information when you create an account with any of our Services.
  5. You are responsible for maintaining the confidentiality of your password and are liable for the actions that you take when using your account. If you suspect or become aware of any unauthorized access to your account or a security breach, you must inform us immediately.
  6. You may never use another user’s account without permission.
  7. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your content, including but not limited to, copyright laws.

Ownership

We hold ownership of all rights, including all intellectual property rights inherent in the Services, Documentation, and any technology, templates, materials or software used to provide the Services. The name “Unize,” Unize’s logo, and the product names associated with the Services offered by Unize (“Mark” or collectively “Marks”) are trademarks of Better, PBC, and no right or license is granted to use them. You may not use the Services’ names or trademarks without our prior written consent. Without our prior written consent, using a Mark constitutes trademark infringement and unfair competition in violation of federal and state laws.

While we retain all intellectual property rights related to the Services and Marks, please note that you, as the user, retain ownership of any text, photo, video, and files (collectively called “Content”) that you upload to the Services and content you produce by using our Services. 

The following is a non-exhaustive list of our Marks. The absence of a product or service name or logo from this list does not constitute a waiver of trademark or other intellectual property rights.

  • Unize
  • unize.org
  • Unize App
  • Unize AI
  • Unize API
  • Unize AI API
  • api.unize.org
  • app.unize.org

For more information on how to use our Marks contact [email protected].

User Rights

Subject to your compliance with all the terms and conditions of this Agreement, we hereby grant you a non-exclusive, non-sublicensable, non-transferable right to access and use the Services and any related documentation provided by us. 

You may not use the Services for any purposes beyond the scope of access granted under this Agreement. You are prohibited from engaging in any of the following activities, either directly or indirectly:

(a) Copying, distributing, manufacturing, adapting, creating derivative works of, translating, localizing, porting, or otherwise modifying any of the Services, Documentation, or Confidential Information, in whole or part. 

(b) Disassembling, decompiling, reverse engineering, decoding, adapting, or attempting to discover the source code of any of Services’ software, or their underlying ideas, algorithms, or trade secrets.

(c) Using the Services to create or develop competing products or services, including training competing artificial intelligence models, unless expressly authorized by us in writing.

(d) Encumbering, sublicensing, transferring, renting, leasing, time-sharing, or using the Services in any service bureau arrangement or for the benefit of any third party.

(e) Using or permitting the transmission, transfer, export, re-export, or other transfer of any product, technology, or information obtained under this Agreement (or any direct product thereof) in violation of export control laws or regulations of the United States or any other relevant jurisdiction.

(f) Allowing any third party to engage in any of the aforementioned prohibited actions.

Data Collection and Usage

You retain ownership over all rights to (a) Personal Data and Content, in any form or medium, that you submit, post, or otherwise transmit through the Services; and (b) outputs generated by the Services specifically from your Personal Data and Content inputs, which are made available to you through your use of the Services.
You explicitly acknowledge and agree that we are not responsible for maintaining the accuracy of the Content nor liable for any damage, deletion, or destruction of any Content that occurs as a result of its use in connection with the Services. It is your responsibility to maintain backups and safeguard your Content.
To learn about your rights to your Personal Data and Content, please review our Privacy Policy.
Our Rights to Your Data

By using our Services, you hereby grant us a non-exclusive, perpetual, irrevocable, worldwide license to use, display, modify, distribute, perform, and reproduce your Content solely to the extent necessary for provisioning and improving the Services. This includes the right to:

  1. Use, store, and display your Content as necessary to provide and optimize our Services.
  2. Publish, publicly perform, or publicly display your Content, if you choose to make it visible to others.
  3. Monitor, modify, translate, and reformat your Content only to the extent necessary for provisioning the Services, such as adapting it to technical requirements.
  4. Sublicense your Content to third parties, solely to the extent necessary for the proper functioning and enhancement of our Services.

Enforcement and Removal of Content. We reserve the right to remove, block, or permanently delete your publicly available Content if it violates our Terms of Service, other policies, applicable laws, or regulations, or if it negatively affects our Services or other users. We are committed to fostering a safe and positive user environment but cannot guarantee that all content will align with every user’s values.

Content of Others. Our Services provide you with access to publicly available content owned by other users. You may not use this content without obtaining prior written consent from its rightful owner or as expressly permitted by law. The views expressed in user content do not necessarily represent those of Better, PBC, and we do not verify the accuracy or reliability of any user-generated content.

Third-Party Resources. Our Services may include links to third-party websites, apps, or features. Access to any third-party resources is provided solely as a convenience to you, and we are not responsible for the contents or services on any linked third-party resource.

To know about your rights, visit our Privacy Policy.

AI Training

We will not engage in, nor allow any third-party to engage in, the use of any non-public Content to train, refine, or otherwise optimize any generative artificial intelligence model—including, but not limited to, those models used in our Services or for the benefit of third-party entities—without obtaining your consent.

Usage Data

Usage Data, or data that shows how you use the Services, is collected in a way that removes personal identifiers, ensuring it cannot be traced back to you. We may utilize anonymized Usage Data for internal analytics and business purposes, including to extract generalized insights or patterns derived from Usage Data for the purpose of improving the Services’ performance or functionality.

Any materials produced using Usage Data are our sole and exclusive property.

Marketing

We may inquire if users would like to be featured in marketing-related materials. If you provide written consent to be featured, you grant us the non-exclusive right to use your name, logo, and trademarks in publicity, including, but not limited to, displaying your name, logo, or trademark on our website and marketing materials.

We will ask for your consent before sending you any direct marketing; you can opt-out and withdraw your consent any time.

Digital Millennium Copyright Act

We respect the intellectual property rights of others and expect everyone to do the same. Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), we will respond expeditiously to notices of alleged copyright infringement on our Services that are reported to us.
We prohibit copyright infringing activities on our Services and will, if properly notified of infringing Content, expeditiously remove or disable access to such Content. Upon receipt of the notice, we will take whatever action, in our sole discretion, is deemed appropriate, including removing or disabling access to the Content without prior notice, to the extent it is technologically possible given the nature of our Services.
Notifying Us of Copyright Infringement
If you are a copyright owner, or agent thereof, please report alleged copyright infringement taking place on or through our Services by completing a DMCA notice of alleged infringement. For your notice to be valid under the DMCA, it must contain substantially the following information:
  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
  3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  4. Adequate information by which we can contact you (such as your name, postal address, telephone number, and email address).
  5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the written notice is accurate.
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Your DMCA notice must be submitted to our DMCA Agent using the following contact information:
Legal Name: Better, PBC
Email: [email protected]
Phone: 6502736362
Address: 1503 Alturas Drive, Burlingame, CA 94010

DMCA notices should be submitted to Better, PBC via email. Upon receipt of a notice, we will promptly remove the challenged Content from our Services. Once Content is removed, we will promptly inform any affected user(s).

Please be aware that if you knowingly materially misrepresent that material or activity in our Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) pursuant to the DMCA.
Issuing a Counter Notice

If you believe your Content was removed by mistake, you may submit a counter notice with us. For your counter notice to be valid under the DMCA, it must contain substantially the following information: 

  1. Your physical or electronic signature.
  2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  3. A statement under penalty of perjury by you that you have a good faith belief that the material identified was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number.
  5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.

Your DMCA counter notice must be submitted to our DMCA Agent using the following contact information:

Legal Name: Better, PBC

Email: [email protected]

Phone: 6502736362

Address: 1503 Alturas Drive, Burlingame, CA 94010

DMCA counter notices should be submitted to Better, PBC via email. Upon receipt of a counter notice, within 10–14 business days, we will restore access to challenged Content unless the original DMCA notice sender informs Better, PBC that it has filed a court action against the counter notice filer.

Please be aware that if you knowingly materially misrepresent that material or activity on our Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) pursuant to the DMCA.

Feedback

You may, from time to time and at your sole discretion, provide suggestions, comments, or other feedback relating to the Services (collectively, "Feedback") to us. Should we request your assistance, you agree to reasonably assist us in addressing any errors, issues, or defects in the Services you identify. You hereby irrevocably assign to us all rights, title, and interest in and to the Feedback, including but not limited to any ideas, know-how, concepts, techniques, or other intellectual property rights contained therein. We may use such Feedback for any purpose without obligation for attribution or compensation. You acknowledge that we are not required to implement or use any Feedback and that all Feedback becomes our sole property and shall be treated as our confidential information.

Confidentiality

The User recognizes and agrees that in the normal course of accessing and utilizing the Services, information considered sensitive, including but not limited to, business affairs, products, intellectual property, trade secrets, third-party confidential data, and other proprietary details (collectively referred to as “Confidential Information”), may be made available or disclosed by one party (in this role, the “Disclosing Party”) to the other (in this role, the “Receiving Party”). Such Confidential Information may be communicated orally, in written format, electronically, or through other media formats, and shall be regarded as confidential by the Receiving Party regardless of its designation or identification as such.

Confidential Information expressly excludes data that: (i) is in the public domain at the time of disclosure or subsequently enters the public domain through no fault of the Receiving Party; (ii) is already known to the Receiving Party at the time of its disclosure; (iii) is received from a third party legitimately and without confidentiality obligations after the commencement of this Agreement; or (iv) is independently derived by the Receiving Party without reliance on or reference to any Confidential Information of the Disclosing Party.

The Receiving Party agrees to accept and treat all Confidential Information with the highest degree of care, employing all reasonable measures to safeguard such information against unauthorized use, publication, or disclosure. Except as explicitly permitted by this Agreement, the User is prohibited from utilizing, possessing, publishing, or disclosing any Confidential Information without the express written consent of the Disclosing Party. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information. In such cases, the Receiving Party cannot be held liable for these incidents. Should such an interception occur, the Receiving Party shall immediately notify the Disclosing Party of the breach and conduct an investigation to determine how the unauthorized interception of Confidential Information occurred and inform the Disclosing Party of the result of said investigation. The Receiving Party shall take all necessary measures including, but not limited to, enhancing their security and safety measures to prevent future occurrences. 

Upon the expiration or termination of this Agreement, the Receiving Party is obligated to either immediately return all copies of the Disclosing Party's Confidential Information, in whatever format these may exist, or destroy such copies and provide a written certification confirming their destruction to the Disclosing Party.

The duty to maintain confidentiality of the Confidential Information commences on the Effective Date of this Agreement and lasts for a period of five years following its termination or expiration, except in cases where any of the Confidential Information qualifies as a trade secret under applicable law. In such instances, the obligations of confidentiality shall persist indefinitely until such time as the information no longer qualifies as a trade secret under relevant legal standards.

Billing

When you elect to purchase Services from us, you are required to provide complete and accurate billing information, including a valid payment method ("Payment Method"). You agree that we will charge the Payment Method for any applicable fees listed for the Services at the time of your purchase as well as any applicable taxes. Importantly, the following conditions apply depending on the nature of the billing for specific Services:

  1. Recurring Subscription Fees: Fees designated as recurring are billed automatically at the start of each renewal period. This process will continue unless and until you cancel your subscription. You must pay these fees upfront for each billing period, starting with the Initial Term (date of purchase) and continuing through any subsequent renewal terms.
  2. Usage-Based Fees: Fees based on usage are on a top-up basis. You can buy credits at any time and credit purchases will be charged to your Payment Method. As you use the Services, your consumption will be deducted from the available credits.

We will notify you at least 30 days in advance of any changes in fees, including for both recurring and usage-based charges, before such changes take effect. Should you disagree with any changes in the fees, you have the option to cancel your subscription prior to the commencement of the next renewal term or cease your usage of our usage-based Services.

Subscription cancellations can be made at any time, but must be executed at least 24 hours before the last day of the current term to avoid charges for the next period. Access to the Services will continue through the end of the paid term.

Additional fees may apply for additional Services or features, which we will communicate to you for your approval before these charges are applied. In case of Payment Method failure, we may either downgrade your Services or suspend your access until we receive a successful payment.

All fees are non-refundable, except as required by law.

We are not responsible for errors made by third-party payment processors in processing your fees. It remains your responsibility to maintain accurate and up-to-date Payment Method information. Please review your order carefully before confirmation to ensure understanding of these terms, especially regarding recurring and usage-based fees.

Service Changes and Termination

You may request to delete your account at any time via your account settings page.


We may change our Services, stop providing our Services, or stop providing particular features of our Services to you or to our users generally.


We may permanently or temporarily terminate or suspend your access to our Services without notice or liability, without cause or for any reason, including if in our sole discretion you violate any provision of these Terms.


Upon termination, you continue to be bound by these Terms.

Warranty Disclaimer

ALL SERVICES, CONTENT, AND DOCUMENTATION ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. WHILE WE STRIVE FOR YOUR SATISFACTION, WE CANNOT PROMISE THAT OUR SERVICES WILL MEET EVERY INDIVIDUAL NEED. BETTER, PBC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION ON THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, TIMELINESS AND COMPLETENESS OF ANY INFORMATION AVAILABLE ON THE SERVICES. BETTER, PBC SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SERVICES.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD BETTER, PBC HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES RELATED TO YOUR VIOLATION OF THESE TERMS OR THE USE OF THE SERVICES AND INFORMATION WE PROVIDED.

Liability

NEITHER BETTER, PBC NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE INFORMATION AT OUR SERVICES, NOR THE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES OF BETTER, PBC, ARE LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICES OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE USE OF THE SERVICES OR A LINKED WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES OR A LINKED WEBSITE, WHETHER OR NOT BETTER, PBC IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, DATA OR HARMFUL CODE THAT MAY AFFECT YOUR EQUIPMENT OR ANYONE ELSE’S EQUIPMENT, ANY INCOMPATIBILITY BETWEEN THE SERVICE’S FILES AND YOUR BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, OR ANY FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE. BETTER, PBC DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES OR A LINKED WEBSITE. THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY LINKED WEBSITES ARE NOT NECESSARILY INVESTIGATED, VERIFIED, MONITORED OR ENDORSED BY BETTER, PBC. THE PUBLISHED INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTION OF OUR SERVICES OR A LINKED WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BETTER, PBC SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION PUBLISHED IN ANY OF OUR SERVICES AND LINKED WEBSITES. BETTER, PBC MAY MAKE IMPROVEMENTS OR CHANGES TO THE SERVICES AT ANY TIME.

General Provisions

This Agreement represents the complete and exclusive statement of the understanding between the parties, superseding all prior agreements, negotiations, and discussions relating to the subject matter herein.

Changes to the Terms of Service

We reserve the right to make changes to this Agreement at any time in our sole discretion. When we do, we will let you know by appropriate means such as by posting the revised agreement on this page with a new “Last Updated” date. Any changes to this Agreement will become effective when posted unless indicated otherwise. We encourage visitors to frequently check this page for any changes to the Terms of Service. Your continued use of the Services after any change in this Terms of Service will constitute your acceptance of such change.

Choice of Law

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. Any legal action or proceeding arising under these Terms of Service will be brought exclusively in courts located in California, and you hereby irrevocably consent to the personal jurisdiction and venue therein.

Terms Waiver and Severability

Any waiver of any provision contained in these Terms shall not be deemed to be a waiver of any other right, term or provision of these Terms of Service. If any provision in these Terms of Service shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

California Residents

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Contact

If you have any questions about these Terms, please contact us at [email protected].

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