Terms of service

Order of precedence

If you enter into a separate master services agreement, order form, data processing addendum ("DPA"), or other written agreement with us that expressly governs your use of FillBase (collectively, "Enterprise Agreement"), the Enterprise Agreement controls over these Terms for the subject matter it covers.

For self-serve customers without an Enterprise Agreement, these Terms, our privacy policy, and the pricing or plan description in effect at signup govern your use. In case of conflict between these Terms and plan-specific terms on our website at checkout, these Terms control unless the checkout terms expressly state they override these Terms for that transaction.

The service

FillBase helps B2B teams complete security questionnaires and due diligence requests using AI-assisted workflows, including integrations such as Slack and connected knowledge sources (e.g. SOC 2 reports, policies, compliance tools).

We may modify, suspend, or discontinue features with reasonable notice when practicable. Material reductions to core functionality for paid plans will be communicated in advance where reasonably possible.

Unless stated in a separate SLA or Enterprise Agreement, we provide the service on a commercially reasonable efforts basis and do not guarantee uninterrupted availability, specific response times, or error-free operation.

Support

Standard support is available by email at [email protected] during our published business hours. Severity and response targets for paid plans may be described on our pricing page or in an Enterprise Agreement. Support does not include professional legal, compliance, or audit advice; you remain responsible for your regulatory and contractual obligations.

Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract.
• You are responsible for account credentials, invited users, and all activity under your workspace.
• You must provide accurate registration information and keep it current.
• If you register on behalf of an organization ("Customer"), you represent that you have authority to bind that organization to these Terms.
• Workspace administrators may control user access, roles, and connected integrations. You are responsible for provisioning and deprovisioning users and for permissions you grant within your organization.

Free plans and trials

We may offer free tiers, promotional credits, or time-limited trials. Trial and free-tier features, usage limits, and duration are described at signup or on our pricing page.

Unless otherwise stated, trials convert to a paid subscription at the end of the trial period at the then-current rate for the plan you selected unless you cancel before the trial ends. You authorize us to charge the payment method on file when the trial converts.

You may cancel a trial or paid subscription through your account settings at https://platform.fillbase.app or by emailing [email protected] before the renewal or conversion date to avoid charges for the next billing period.

Subscriptions, billing, and taxes

Paid plans are billed in advance on a monthly or annual cycle according to the plan you select on our pricing page, checkout flow, or order form.

Subscriptions renew automatically at the end of each billing period unless you cancel before renewal. By subscribing, you authorize us and our payment processor to charge recurring fees, applicable taxes, and any overages to your payment method on file until you cancel.

You must provide valid payment information and keep it current. If payment fails, we may retry, suspend access, or terminate your subscription after notice where required by law.

Fees are stated exclusive of taxes unless otherwise indicated. You are responsible for all applicable sales, use, VAT, GST, or similar taxes except taxes based on our net income. We may collect tax where required and will provide reasonable documentation.

Except where required by law or expressly stated in writing (including any refund policy on our pricing or checkout page), fees are non-refundable and we do not provide prorated refunds for partial periods. Downgrades take effect at the next renewal unless otherwise agreed.

We may change prices or plan features effective at your next renewal after at least thirty (30) days' notice (email or in-product). If you do not agree, cancel before the change takes effect. Continued use or renewal after the effective date constitutes acceptance.

You agree not to initiate chargebacks without first contacting us to resolve billing disputes in good faith. Fraudulent or abusive chargebacks may result in immediate suspension.

Usage limits and fair use

Your plan may include limits on seats, workspaces, questionnaires, storage, API calls, or AI usage. Current limits are described on our pricing page or in your order form.

We may throttle, restrict, or require an upgrade if usage materially exceeds plan limits or threatens service stability. We will use reasonable efforts to notify you before applying restrictive measures except in emergencies or abuse situations.

Customer content

You retain ownership of documents, questionnaires, and other materials you submit or connect ("Customer Content"). You grant us and our subprocessors a worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Content solely to provide, secure, and improve the service for your workspace, including generating answers and citations.

You represent and warrant that you have all rights necessary to submit Customer Content, that it does not infringe third-party rights, and that your use of FillBase complies with applicable law and any obligations you owe to data subjects or third parties.

You are solely responsible for reviewing AI-generated answers before sending them to buyers, auditors, regulators, or other third parties. FillBase assists your workflow; you remain responsible for accuracy, completeness, and final submissions.

Upon written request after termination, we will make Customer Content available for export for thirty (30) days where technically feasible, after which we may delete it subject to our retention policies and legal obligations.

Acceptable use

You agree not to:

• Use the service for unlawful purposes or to transmit malware, spam, or abusive content.
• Upload or process special categories of personal data (as defined under GDPR) or regulated health/financial data unless you have a lawful basis, appropriate safeguards, and our written agreement where required.
• Attempt to access other customers' data, circumvent access controls, or probe or disrupt our systems without authorization.
• Reverse engineer or decompile the service except to the limited extent expressly permitted by applicable law.
• Resell, white-label, or sublicense the service without our written consent.
• Use the service to develop a competing product using non-public aspects of FillBase.
• Scrape, crawl, or harvest the service except through documented APIs within published rate limits.

Third-party services and integrations

The service may connect to third-party products (e.g. Slack, Google Drive, compliance platforms). Your use of those products is governed by their terms and privacy policies. We are not responsible for third-party availability, security, or actions.

You authorize us to access third-party accounts you connect solely to provide the service. You may disconnect integrations at any time; some features may stop working as a result.

We do not control and are not liable for changes third parties make to their APIs or policies.

Privacy and data processing

Our privacy policy at https://fillbase.app/privacy describes how we collect and use personal data. For business customers in the EEA, UK, or Switzerland, or where otherwise required, a DPA is available on request at [email protected] or may be incorporated into an Enterprise Agreement.

When you submit Customer Content that includes personal data, you are typically the controller and we process it as your processor to deliver the service. You are responsible for providing any required notices and obtaining any required consents from data subjects.

We use subprocessors (hosting, AI, email, analytics, and payment providers) as described in our privacy policy or DPA. We impose contractual obligations on subprocessors appropriate to the nature of the data.

Security

We implement administrative, technical, and organizational measures designed to protect Customer Content, as described on our website or in security documentation we make available to customers.

You are responsible for securing your accounts, enforcing access controls, and configuring integrations appropriately. Notify us promptly at [email protected] if you suspect unauthorized access to your account.

If we become aware of a confirmed security incident affecting Customer Content in our systems, we will notify you without undue delay and provide information reasonably required for you to meet your regulatory obligations, consistent with our DPA or applicable law.

Beta and preview features

We may label certain features as beta, preview, or early access. Such features are provided as-is, may change or be withdrawn at any time, and may have additional limitations disclosed in-product. Beta features are excluded from any SLA unless expressly stated otherwise.

Our intellectual property

FillBase, our software, models, workflows, branding, documentation, and all related intellectual property are owned by us or our licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the service during your subscription for your internal business purposes.

You may not copy, modify, distribute, or create derivative works of our service or materials except as expressly permitted. All rights not expressly granted are reserved.

Feedback

If you provide suggestions, ideas, or feedback about FillBase, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate that feedback without restriction or compensation to you, subject to our privacy policy regarding personal data in feedback communications.

Publicity

Unless you opt out in writing or we agree otherwise in an Enterprise Agreement, we may identify you by name and logo as a customer on our website and marketing materials. You grant us a limited license to use your name and logo for that purpose. You may opt out at any time by emailing [email protected].

Confidentiality

Each party may receive non-public information from the other that is designated confidential or that reasonably should be understood to be confidential given its nature ("Confidential Information").

The receiving party will: (a) use Confidential Information only to perform under these Terms; (b) protect it with at least the same degree of care it uses for its own confidential information, and no less than reasonable care; and (c) not disclose it except to employees, contractors, and advisers who need to know and are bound by confidentiality obligations.

Confidential Information does not include information that is public without breach, independently developed, rightfully received without restriction, or required to be disclosed by law (with notice where permitted).

Disclaimers

EXCEPT AS EXPRESSLY SET OUT IN AN ENTERPRISE AGREEMENT OR SLA, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED OUTPUTS WILL BE COMPLETE, ACCURATE, OR SUITABLE FOR ANY PARTICULAR COMPLIANCE OR LEGAL PURPOSE.

Exclusive remedy

Your exclusive remedy for dissatisfaction with the service is to stop using it and cancel your subscription. The disclaimers and limitations in these Terms apply to the maximum extent permitted by applicable law.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100) IF YOU USE A FREE PLAN.

These limitations do not apply to liability that cannot be limited by law, your payment obligations, or either party's breach of confidentiality obligations (excluding Customer Content).

Indemnification

You will defend, indemnify, and hold harmless FillBase and its affiliates, officers, directors, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) Customer Content; (b) your use of the service in violation of these Terms or applicable law; or (c) your combination of the service with third-party products not provided by us, except to the extent caused by our gross negligence or willful misconduct.

We will defend you against third-party claims that the service, when used as authorized under these Terms, infringes a U.S. patent, copyright, or trademark, and pay damages finally awarded or agreed in settlement, provided you promptly notify us, give us sole control of the defense, and provide reasonable cooperation. If the service is or may be enjoined, we may procure rights, modify the service, or terminate affected access with a pro-rata refund of prepaid unused fees. This section states our sole obligation and your exclusive remedy for infringement claims.

Suspension, termination, and survival

You may cancel at any time through your account or by contacting [email protected]. Cancellation stops future renewals; access continues through the end of the current paid period unless otherwise stated.

We may suspend or terminate access immediately if you materially breach these Terms, fail to pay when due, pose a security or legal risk, or if we are required to do so by law. We will use reasonable efforts to notify you except where prohibited or where immediate action is necessary.

Upon termination, your right to use the service ends. Sections that by their nature should survive (including payment obligations accrued, Customer Content licenses granted to us for retained copies as permitted by law, confidentiality, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution) will survive termination.

Force majeure

Neither party is liable for delay or failure to perform due to events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, internet or utility failures, government actions, or failures of third-party hosting or AI providers, provided the affected party uses reasonable efforts to mitigate and resume performance.

Export and sanctions

You represent that you are not located in, organized under the laws of, or controlled by a person or entity subject to comprehensive U.S. sanctions, and that you will not use the service in violation of export control or sanctions laws. You will not permit access by prohibited parties identified on applicable government restricted-party lists.

Electronic communications

You consent to receive communications electronically (email, in-product notices, or postings on https://fillbase.app). You agree that electronic agreements, notices, and records satisfy any legal requirement that such communications be in writing, to the extent permitted by the U.S. Electronic Signatures in Global and National Commerce Act and similar laws.

Relationship of the parties

These Terms do not create a partnership, joint venture, agency, or employment relationship. Each party is an independent contractor. Neither party may bind the other without written consent.

Governing law and dispute resolution

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing a claim, you agree to contact us at [email protected] and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

Except for claims for injunctive relief, intellectual property enforcement, or amounts owed, any dispute arising out of these Terms or the service will be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, held in San Francisco, California, or by videoconference if agreed. Judgment on the award may be entered in any court of competent jurisdiction.

YOU AND FILLBASE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of class proceeding.

EITHER PARTY MAY SEEK RELIEF IN COURT FOR INJUNCTIVE OR EQUITABLE REMEDIES TO PREVENT UNAUTHORIZED USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION OR INTELLECTUAL PROPERTY. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL FOR DISPUTES SUBJECT TO THESE TERMS.

If you are a consumer in a jurisdiction that prohibits mandatory arbitration or class waivers, those restrictions apply to you only to the extent required by applicable law.

Changes to these Terms

We may update these Terms from time to time. We will post the revised version on this page and update the effective date. For material changes, we will provide at least thirty (30) days' notice by email to your account address or in-product notice before the change takes effect.

If you do not agree to the updated Terms, you must stop using the service and cancel before the effective date. Continued use or renewal after the effective date constitutes acceptance.

General

• These Terms, together with the privacy policy and plan terms in effect at signup, are the entire agreement between you and FillBase regarding the service and supersede prior oral or written understandings on the same subject, except an executed Enterprise Agreement.
• If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will remain in effect.
• Our failure to enforce a provision is not a waiver of our right to do so later.
• You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets with notice to you.
• There are no third-party beneficiaries under these Terms except as expressly stated.
• Headings are for convenience only and do not affect interpretation.

Notices

Notices to FillBase must be sent to [email protected] with a copy to [email protected], or by certified mail to Tendersight Inc., 166 Geary Street, San Francisco, CA 94133, United States. Notices to you may be sent to the email associated with your account or posted in the service. Notices are deemed received when sent (email) or on the third business day after mailing.

Contact

Tendersight Inc.

166 Geary Street, San Francisco, CA 94133, United States

Support: [email protected]

Legal: [email protected]

Website: https://fillbase.app

Application: https://platform.fillbase.app