Terms of Service for Unearth (unearth.systems)

By creating an account, starting a trial, or using any part of the Services, you represent that you are at least 18 years of age (or the legal age of majority in your jurisdiction) and possess the legal authority to enter into this agreement. If you do not agree to all of these Terms, you must immediately cease using the Services.

Unearth provides an ambient networking platform that includes user profile management, client-side QR contact exchange, and automated optical character recognition (OCR) powered by third-party artificial intelligence engines to extract contact details from business card images.

Ephemeral Image Processing: You acknowledge and agree that images uploaded for business card scanning are processed in real-time by third-party services (including OpenAI and automated workflow processors like n8n) and are not persistently stored on Unearth servers. Unearth retains only the extracted text metadata saved to your personal Unearth Vault.

Third-Party Data Rights: You represent and warrant that you have all necessary rights, consents, and permissions to upload images of physical business cards and process the contact information of third parties through the Services. Unearth assumes no liability for privacy or data protection violations resulting from user-submitted content.

Unearth does not guarantee that your data will be permanently stored, retrievable, uncorrupted, or preserved.

Sole Responsibility for Backups: You acknowledge and agree that you are solely responsible for maintaining independent backups of all contacts, parsed text, notes, or profile information stored in or extracted through your Unearth Vault. You are strongly advised to regularly export your contacts (via CSV or vCard) to an off-platform storage system.

Data Loss & Server Outages: Unearth shall have no liability or responsibility to you or any third party for any loss of data, failure to save data, database corruption, accidental deletion, system downtime, third-party hosting outages (including Supabase, Stripe, Vercel, or n8n), or network transmission failures.

Data Retrieval: In the event of a system crash, account termination, database migration error, or service interruption, Unearth is under no legal obligation to restore, recover, or recreate any lost contact records or Vault data on your behalf.

The Services are provided entirely on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise.

Artificial Intelligence Limitations: You acknowledge that contact extraction relies on automated machine-learning models (gpt-4o-mini). Unearth does not guarantee the accuracy, completeness, or reliability of any text, phone numbers, emails, or names parsed by the AI. You are solely responsible for verifying the accuracy of any data extracted into your Vault prior to relying on or exporting such information.

Service Interruptions: Unearth makes no guarantee that the Services will be uninterrupted, error-free, secure, or completely free of bugs, server downtime, or third-party API outages.

7-Day Free Trial: If you enroll in a 7-day free trial requiring credit card entry, your payment method on file will be authorized for $0.00 today. Unless you cancel your subscription at least 24 hours before the end of the 7-day trial period through your account billing portal, your trial will automatically convert into a paid recurring monthly subscription ($9.99/month or designated annual rate).

Auto-Renewal: All subscriptions automatically renew at the end of each billing cycle unless cancelled prior to the renewal date. You authorize Unearth (via Stripe) to charge your payment method for the applicable subscription fees.

Refund Policy: All charges are non-refundable except where required by applicable law. Unearth does not provide pro-rated refunds for partial monthly billing periods, unused scan quotas, or data loss incidents.

Scan Quotas: Monthly scan limits reset at the beginning of each billing cycle. Unused scans do not roll over to subsequent months unless explicitly purchased as an Event Scan Pack.

You agree not to:

• Use the Services to harvest, scrape, or process contact information for unsolicited spam, illegal marketing, harassment, or unlawful tracking.
• Reverse-engineer, decompile, or attempt to extract the source code or proprietary API workflows of Unearth.
• Upload content or images containing malware, offensive material, illegal content, or unauthorized trade secrets.
• Attempt to bypass or manipulate user scan counts, rate limits, subscription tiers, or administrative security controls.

To the maximum extent permitted by applicable law, in no event shall Unearth, its founders, officers, directors, employees, affiliates, agents, or third-party suppliers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

• Loss or corruption of contact data, Vault entries, or exported files;
• Loss of profits, revenue, goodwill, or business opportunities;
• Inaccurate contact information or failed contact exchanges;
• Unauthorized access to or alteration of your transmissions or Vault data;
• Third-party API outages, hosting failures, or termination of third-party services.

In no event shall Unearth’s aggregate liability for all claims arising out of or relating to these Terms or the use of the Services exceed the greater of: (a) the total amount paid by you to Unearth in the twelve (12) months immediately preceding the claim, or (b) one hundred US dollars ($100.00 USD).

You agree to defend, indemnify, and hold harmless Unearth and its operators from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt (including attorney’s fees) arising from:

• Your use or misuse of the Services;
• Your failure to maintain independent backups of your data;
• Your violation of any provision of these Terms;
• Your violation of any third-party right, including privacy, publicity, or intellectual property rights;
• Any third-party claim that data or business card information uploaded by you violated applicable privacy laws (e.g., GDPR, CCPA).

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be settled by binding individual arbitration rather than in court.

Class Action Waiver: You and Unearth 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.

Unearth reserves the right to suspend or terminate your account and access to the Services at its sole discretion, without notice, for conduct that Unearth believes violates these Terms, harms other users, or creates financial or legal risk for Unearth. Upon termination, your right to access your Vault and any stored contact data immediately ceases, and Unearth may permanently delete your data without liability.

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Unearth reserves the right to modify these Terms at any time. Updated versions will be posted to unearth.systems/terms with a revised “Last Updated” date.