Terms of Service

By accessing or using the Service you confirm that you have read, understood, and agree to be bound by these Terms and by any policies referenced in them, including our Privacy Policy. These Terms apply to every visitor, user, and account holder.

You are eligible to use the Service only if you are at least 18 years old and able to form a legally binding contract. If you use the Service on behalf of a business, organization, or other legal entity (a "Business"), you represent and warrant that you have the authority to bind that Business to these Terms, and "you" refers to both you individually and that Business. If you lack that authority, you must not use the Service on the Business's behalf.

GrantDuck is a software-as-a-service product that uses artificial intelligence, including models provided by Anthropic, to help small businesses discover potential grant opportunities and draft grant application materials. The Service may collect information about your Business, generate suggested matches, and produce draft text, answers, and supporting content based on the information you provide and your prompts. We describe how this information is processed in our Privacy Policy, which is incorporated into these Terms by reference.

The Service provides AI-generated assistance only. It is an informational and drafting tool. It does not provide professional, legal, financial, tax, accounting, or other licensed advice, and no attorney-client, fiduciary, or advisory relationship is created by your use of the Service. AI output is generated by automated systems and may be inaccurate, incomplete, outdated, fabricated, or unsuitable for your particular situation, and it may misstate eligibility, deadlines, requirements, amounts, or facts. You are solely responsible for independently reviewing, verifying, correcting, and approving all output before relying on it.

The Service does not submit grant applications on your behalf, does not interact with any grantor or funding body for you, and does not guarantee that you will discover any grant, qualify for any grant, receive any funding, or achieve any particular outcome. You alone are responsible for the accuracy and completeness of every application, for meeting all eligibility criteria and deadlines, and for reviewing and submitting every application yourself through the relevant grantor's own process. Any decision you make based on the Service is your own.

To use most features you must create an account and provide accurate, current, and complete information. You agree to keep that information up to date. You are responsible for safeguarding your login credentials and for all activity that occurs under your account, whether or not authorized by you. You must not share your credentials or permit any unauthorized person to access your account.

You agree to notify us immediately at granttruth@sethricks.org if you suspect any unauthorized access to or use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to maintain the confidentiality of your credentials or to secure your account. We may refuse, suspend, or cancel any account at our discretion as described in these Terms.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not, and will not permit anyone else to:

(a) access or use the Service in any way that violates any applicable law, regulation, or third-party right, including intellectual property, privacy, and contract rights;

(b) submit false, fraudulent, or misleading information, or use the Service to prepare or further any fraudulent grant application or other deceptive scheme;

(c) upload or transmit any malicious code, virus, or material that is unlawful, defamatory, harassing, abusive, or harmful;

(d) attempt to gain unauthorized access to the Service, other accounts, or any systems or networks connected to the Service, or probe, scan, or test the vulnerability of any system;

(e) interfere with, disrupt, overload, or impair the integrity or performance of the Service, or circumvent any rate limit, usage limit, security measure, or access control;

(f) reverse engineer, decompile, disassemble, or attempt to derive the source code, models, or underlying ideas of the Service, except to the extent this restriction is prohibited by applicable law;

(g) resell, sublicense, rent, lease, or otherwise commercially exploit the Service or provide it as a service bureau to third parties without our prior written consent; or

(h) use any robot, spider, scraper, crawler, headless browser, automated script, or other automated means to access, query, monitor, copy, harvest, or extract data, content, or output from the Service, or to create or submit prompts at machine scale, except through interfaces we expressly authorize in writing.

You acknowledge that automated access, scraping, credential sharing, abuse of free or trial features, evasion of usage limits, and similar abuse cause harm that is difficult to quantify, including degraded performance for other users, increased infrastructure and AI-model costs, and loss of the value of the Service. Accordingly, for each established violation of subsection (d), (e), (g), or (h) above, you agree to pay GrantDuck liquidated damages of USD $1,000 per violation, or our actual damages if greater and provable, as a reasonable estimate of harm and not as a penalty. This remedy is in addition to any other remedy available to us, including suspension or termination and injunctive relief, and does not require us to prove actual damages to recover the liquidated amount.

"Your Content" means the information, business profile data, prompts, instructions, files, and other material you submit to or generate through the Service. As between you and us, you retain all ownership rights you have in Your Content. We do not claim ownership of Your Content.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and create derivative works from Your Content solely as necessary to operate, provide, secure, maintain, and improve the Service for you, including by transmitting Your Content to the third-party providers described in Section 8 so that they can perform their functions. This license ends when Your Content is deleted from our active systems, except for residual copies retained in routine backups or as required by law.

You represent and warrant that you own or have all rights necessary to submit Your Content and to grant this license, and that Your Content and our permitted use of it do not violate these Terms or any law or third-party right. You are solely responsible for Your Content and for the consequences of submitting it.

The Service, including its software, design, text, graphics, logos, the "GrantDuck" name and marks, and all related intellectual property, is owned by GrantDuck or its licensors and is protected by intellectual property and other laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes during the term of these Terms.

Except for the rights expressly granted to you, we reserve all rights, title, and interest in and to the Service. You receive no rights by implication, estoppel, or otherwise. You may not remove, obscure, or alter any proprietary notices on the Service. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use them without restriction or obligation to you.

Certain features require payment. We offer paid subscriptions and one-time purchases of usage credit packs. All payments are processed by our third-party payment processor, Stripe; we do not store full payment card numbers. By providing payment information, you authorize us and Stripe to charge the applicable fees, taxes, and any other amounts to your selected payment method.

Subscriptions renew automatically. Unless you cancel before the end of the then-current billing period, your subscription will automatically renew for a successive period of the same length, and your payment method will be charged the then-current fee for that period. You may cancel auto-renewal at any time through your account settings or by contacting support; cancellation takes effect at the end of the current paid period, and you will retain access until then.

One-time credit packs are charged in full at purchase. Credits are a limited license to use paid features, have no cash value, are non-transferable, and may expire as stated at the time of purchase or in the Service. Prices may change; we will apply changes prospectively, and continued use after a price change that takes effect on renewal constitutes acceptance of the new price.

Except where required by law, all fees are non-refundable and are not prorated for partial periods, unused credits, or unused time, including following cancellation, suspension, or termination. We may, in our sole discretion and as a courtesy, grant refunds or credits in individual cases, but doing so does not obligate us to grant any future refund or credit.

If you initiate a chargeback, payment dispute, or reversal for a charge that we determine to be valid, we may suspend or terminate your account, revoke any associated credits or access, and recover the disputed amount, any fees we incur, and our reasonable costs of collection. We reserve the right to dispute any chargeback we believe to be improper, including by presenting records of your acceptance of these Terms and your use of the Service.

The Service relies on third-party providers to function, which may include, among others, Anthropic (AI model processing), Stripe (payments), Supabase (database and authentication), Google Firebase (hosting), and Brevo (email delivery). Your use of the Service may be subject to those providers' terms, and information you submit may be transmitted to and processed by them as needed to provide the Service. This list is the same set of subprocessors identified in our Privacy Policy, which describes what each provider processes and why; in the event of any conflict between that description and this Section, the Privacy Policy controls as to the handling of personal information.

Under the commercial terms applicable to GrantDuck's use of Anthropic's API, Anthropic does not use the prompts or outputs submitted through that API to train its models, and GrantDuck does not use your private business profile content or AI prompt content to train third-party foundation models, as further described in our Privacy Policy.

We do not control these third parties and are not responsible or liable for their acts, omissions, availability, security, accuracy, or performance, or for any interruption, delay, error, or loss arising from them. Any links to or integrations with third-party services are provided for convenience only and do not imply endorsement, and your dealings with any third party are solely between you and that third party.

THE SERVICE AND ALL CONTENT AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY OUTPUT, GRANT MATCH, ELIGIBILITY ASSESSMENT, OR DRAFT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR SUITABLE FOR ANY PURPOSE. YOU USE THE SERVICE AND ANY OUTPUT AT YOUR OWN RISK. WE MAKE NO WARRANTY AND ACCEPT NO RESPONSIBILITY REGARDING ANY GRANT, FUNDING, APPROVAL, OR OUTCOME. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GRANTDUCK OR ITS OPERATOR, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST FUNDING OR GRANTS, LOST BUSINESS, LOST GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF GRANTDUCK AND ITS OPERATOR, AFFILIATES, AND SUPPLIERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100). THESE LIMITATIONS APPLY IN THE AGGREGATE AND NOT PER CLAIM, AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you, in which case our liability is limited to the maximum extent permitted by law.

WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICE PROVIDES AI-GENERATED ASSISTANCE ONLY AND DOES NOT PROVIDE LEGAL, FINANCIAL, TAX, OR OTHER PROFESSIONAL ADVICE; THAT AI OUTPUT MAY BE INACCURATE, INCOMPLETE, OR UNSUITABLE; THAT WE DO NOT GUARANTEE ANY GRANT MATCH, ELIGIBILITY, FUNDING, OR OUTCOME; AND THAT YOU, NOT GRANTDUCK, ARE SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, CORRECTING, AND SUBMITTING EVERY APPLICATION YOURSELF. WE ARE NOT LIABLE FOR ANY LOSS ARISING FROM YOUR RELIANCE ON AI OUTPUT, A MISSED DEADLINE, A REJECTED OR UNSUCCESSFUL APPLICATION, OR ANY GRANT NOT AWARDED.

You agree to defend, indemnify, and hold harmless GrantDuck and its operator, affiliates, and suppliers from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your use or misuse of the Service, (b) Your Content, (c) your violation of these Terms or any law or third-party right, (d) any grant application or submission you prepare, submit, or rely upon, and (e) any dispute between you and any grantor, funder, or other third party. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us. You will not settle any matter affecting us without our prior written consent.

You may stop using the Service and close your account at any time. We may suspend, restrict, or terminate your access to all or part of the Service at any time, with or without notice, including if we reasonably believe you have violated these Terms, created risk or possible legal exposure for us or others, engaged in abuse or fraud, or failed to pay fees, or if we discontinue the Service.

Upon termination or account deletion, your license to use the Service ends and we will delete Your Content in accordance with our Privacy Policy, including the soft-delete and 14-day purge window described there, and subject to our backup and legal-retention practices. Sections that by their nature should survive termination will survive, including provisions on Your Content license, our intellectual property, fees owed, disclaimers, limitation of liability, indemnification, arbitration, and governing law. No fees are refundable upon termination except as required by law.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Informal resolution first. Before initiating arbitration, you and GrantDuck agree to try to resolve the dispute informally for at least 30 days after written notice of the dispute is sent to the other party (to you at your account email, and to us at granttruth@sethricks.org). The notice must describe the dispute and the relief sought. This informal-resolution requirement is a condition precedent to arbitration.

Agreement to arbitrate. You and GrantDuck agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding individual arbitration administered by a recognized, neutral arbitration provider under its applicable consumer or commercial rules then in effect, rather than in court, except as provided below. The arbitration will be governed by the Federal Arbitration Act. The arbitration will be conducted in the English language; may, at your election, be conducted by telephone, video, or written submissions, or in person in the county of your residence or another mutually agreed location; and the arbitrator's award may be entered in any court of competent jurisdiction. The arbitrator may award the same individual relief that a court could and must follow these Terms. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court has authority over the enforceability of the class-action waiver below. Each party is responsible for its own attorneys' fees except where the applicable rules or law provide otherwise; the allocation of arbitration filing, administrative, and arbitrator fees is governed by the administering provider's rules and applicable law.

Class-action waiver. YOU AND GRANTDUCK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim will be severed and litigated in court, while the remaining claims proceed in arbitration.

Small-claims carve-out. Notwithstanding the above, either party may bring an individual claim in a small-claims court of competent jurisdiction if the claim qualifies and remains in that court.

Injunctive relief carve-out. Either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property or unauthorized access rights, including violations of Section 4.

30-day opt-out. You may opt out of this arbitration agreement and class-action waiver within 30 days after first accepting these Terms by sending written notice to granttruth@sethricks.org with your name, account email, and a clear statement that you opt out of arbitration. If you opt out, the rest of these Terms still apply, and disputes will be resolved in the courts identified in Section 14.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Utah, United States, without regard to its conflict-of-laws principles, and, where applicable, by the Federal Arbitration Act. To the extent any dispute is not subject to arbitration and may be brought in court, you and GrantDuck consent to the exclusive jurisdiction and venue of the state and federal courts located in Utah, and you waive any objection to that venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

We may modify these Terms from time to time. If we make changes, we will update the effective date above and, where appropriate, provide additional notice through the Service. Changes are effective when posted, except that material changes will not apply retroactively. For material changes, we will require you to re-accept the updated Terms before continuing to use the Service, and your continued use after a change that does not require re-acceptance constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, power or internet failures, denial-of-service or other attacks, or the failure, interruption, or degradation of third-party providers, networks, or infrastructure on which the Service depends.

You consent to receive communications from us electronically, including by email to your account address and by notices posted within the Service, and you agree that such electronic communications satisfy any legal requirement that a communication be in writing. We may send you notices at the email associated with your account; you are responsible for keeping that address current. You may send notices to us at granttruth@sethricks.org. Notices are deemed given when sent (for email) or when posted (for in-Service notices).

If any provision of these Terms is held to be invalid, unlawful, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it will be severed, and the remaining provisions will remain in full force and effect.

These Terms, together with any policies and terms expressly referenced in them, including our Privacy Policy, constitute the entire agreement between you and GrantDuck regarding the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, on that subject. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer these Terms without our prior written consent; we may assign them freely. There are no third-party beneficiaries to these Terms.

If you have questions about these Terms or the Service, contact us through the support feature in the app or by email at granttruth@sethricks.org.