Marketing / Content · tryprofound.comProfound
Graded against 804 verified platforms, from its own policy text. Automated assessment against a published rubric — not legal advice.
“During the Term, subject to Customer’s compliance with the terms of this Agreement, Customer may access and use the Services only for Customer’s internal business purposes in accordance with the Documentation, this Agreement, and any limitations set forth in the applicable Order. The foregoing license includes the right to access, view, and use the reports,…”
Partially verified: Terms of Service assessed · Privacy Policy pending. Everything below comes only from what was read in full.
Watch: indemnity liability
Start here. These are the highest-risk verified clauses AIRIN found in the platform's own policy text.
This clause waives liability for indirect, special, incidental, consequential, and other enumerated categories of damages for both parties and their suppliers/licensors, except for Excluded Claims, thereby limiting the remedies available for losses arising out of or related to the Agreement.
This clause caps each party's total aggregate liability arising out of or related to the Agreement at the amounts paid or payable by Customer in the 12 months prior to the claim, except for Excluded Claims, thereby establishing a financial ceiling on recoverable damages.
This clause declares that the liability waivers and caps apply regardless of the form of action and survive even if any limited remedy fails of its essential purpose, reinforcing the enforceability and breadth of the limitations.
Scores derived from 13 enriched findings — same verbatim citations as below. AI-generated, not legal advice.
- Profound's training terms are conditional — check the tier, opt-out, and enterprise exceptions before relying on protection.
- Your outputs and prompts are explicitly yours — Profound's terms include affirmatively protective IP language.
- Data handling is conditional — 1 privacy or retention clause warrant review before using Profound at scale.
Derived from AI-enriched analysis of the verified findings below — informational only, not legal advice.
How to read this page: Overall risk rates what Profound's own policy terms mean for your prompts, outputs, and data. The benchmark bands below grade those same verified terms relative to peers — a platform in a risky-by-default category can rate HIGH risk and still grade STRONG against its peer set. Both trace to the cited findings.
Policy benchmark
rubric v1.0 — how this is scoredBased on 61 verified, verbatim-cited findings below — read the citations.
privacy assessment pending — privacy policy not yet verified This lens receives a band only once its source document has been captured and read in full.
Know where this document lives? Point us to the URL or PDF and the pipeline will verify it.
Automated assessment against a published rubric — not legal advice.
Partially verified — Terms of Service — Verified (read in full, 49 findings); Privacy Policy — Capture under review. Findings below are from fully-read, verified documents only; remaining core documents are pending capture.
Needs review
A core policy document is captured but requires review before AIRIN can mark the corpus fully verified.
- Terms of ServiceVerified - read in full - 49 citationsstaticLast captured 2026-08-28
- Privacy PolicyCompleteness unconfirmedstatic
Only citation-backed plan differences are shown here; absent cells mean AIRIN has not verified a tier-specific claim.
Customer grants Profound a non-exclusive, worldwide, royalty-free, non-sublicensable (except to contractors/service providers), non-transferable license to access and use Customer Data — including queries submitted through the Services — solely to provide the Services and to derive or generate Telemetry, defining the scope of Profound's data use rights.
" Customer hereby grants Profound a non-exclusive, worldwide, royalty-free, fully paid-up, non-sublicensable (except to contractors and service providers), non-transferable (except as set forth in Section 18.1) right to access and use any ma..."
Grants Customer a license to access and use the Services solely for internal business purposes during the Term, subject to compliance with the Agreement, Documentation, and Order limitations, and expressly includes the right to use outputs, reports, and content generated through the Services including third-party platform responses.
" During the Term, subject to Customer’s compliance with the terms of this Agreement, Customer may access and use the Services only for Customer’s internal business purposes in accordance with the Documentation, this Agreement, and any limit..."
This clause restricts U.S. government end-users' rights to use, duplicate, reproduce, release, modify, disclose, or transfer Profound Technology and related documentation by subjecting them to the terms of the Agreement in accordance with FAR 12.212 and DFARS 227.7202, limiting government rights to those provided under the commercial license.
" Elements of the Profound Technology may include commercial computer software. If the user or licensee of the Profound Technology is an agency, department, or other entity of the United States Government, the use, duplication, reproduction,..."
This clause restricts modifications to the Agreement to written, signed amendments by authorized representatives or electronic means provided by Profound, expressly rejects Customer purchase orders or business forms as having any legal effect or amending power, and reserves Profound's right to notify Customer of updates, establishing the exclusive method for altering the contractual relationship.
" Except as otherwise expressly set forth in this Agreement, any amendments, modifications, or supplements to this Agreement must be in writing and signed by each Party’s authorized representatives or, as appropriate, agreed through electron..."
Obligates Customer to pay Fees as specified in each Order in U.S. dollars within 30 days of invoice unless otherwise agreed, establishes that renewal Fees are at then-current rates regardless of prior discounts, and states all Fees are non-refundable except as provided in the Mitigation section — defining payment terms and conditions tied to Order tier.
" Customer will pay the fees for the Profound Technology set forth in each Order (“ Fees ”). All Fees will be paid in U.S. dollars unless otherwise provided in the Order. Fees are invoiced as described in the Order. Unless the Order provides..."
This clause imposes obligations on Customer to comply with all applicable U.S. and foreign export and import laws, includes representations and warranties that Customer is not on prohibited party lists or subject to embargoes, restricts use of Profound Technology in violation of export controls, and prohibits submission of export-controlled information to the Services.
" Customer will comply with all relevant U.S. and foreign export and import Laws in using any Profound Technology. Customer: (a) represents and warrants that it is not listed on any U.S. government list of prohibited or restricted parties or..."
This clause carves out from Profound's indemnification obligations infringement resulting from Customer modifications, unauthorized use, combination with third-party items, Customer settlements or admissions without consent, and use during Trials and Betas or free evaluation periods.
" Profound’s obligations in this Section 13 do not apply: (a) to infringement or misappropriation resulting from Customer’s modification of Profound Technology or use of Profound Technology in combination with items not provided by Profound ..."
This clause grants Profound the right, in response to actual or potential IP infringement claims, to choose among three mitigation options—procuring continued use rights, modifying the technology, or terminating the Agreement with a refund—as alternatives to or in satisfaction of its indemnification obligations.
" In response to an actual or potential claim relating to infringement, misappropriation, or violation of intellectual property rights, if required by settlement or injunction or as Profound determines necessary to avoid material liability, ..."
Evidence appendix
Showing priority citations first. The full appendix is available for audit trails; not every citation is a severe risk.
" Customer hereby grants Profound a non-exclusive, worldwide, royalty-free, fully paid-up, non-sublicensable (except to contractors and service providers), non-transferable (except as set forth in Section 18.1) right to access and use any materials that Customer (including its Users) inputs or makes available to Profound, including any queries submitted through the Services (collectively, “ Customer Data ”) to: (a) provide the Services and as permitted under this Agreement; (b) to derive or generate Telemetry."
Customer grants Profound a non-exclusive, worldwide, royalty-free, non-sublicensable (except to contractors/service providers), non-transferable license to access and use Customer Data — including queries submitted through the Services — solely to provide the Services and to derive or generate Telemetry, defining the scope of Profound's data use rights.
AI-generated interpretation, not legal advice.
" Except as otherwise expressly set forth in this Agreement, any amendments, modifications, or supplements to this Agreement must be in writing and signed by each Party’s authorized representatives or, as appropriate, agreed through electronic means provided by Profound. The terms in any Customer purchase order or business form will not amend or modify this Agreement and are expressly rejected by Profound; any of these Customer documents are for administrative purposes only and have no legal effect. Notwithstanding the foregoing, Profound may from time to time notify Customer of updates to this Agreement (including by displaying a notification on the Services). Such updated version of this Agreement will become effective on a going forward basis at the start of the first Order Renewal Term occurring at least 60 days after the date on which Profound provided such notice to Customer."
This clause restricts modifications to the Agreement to written, signed amendments by authorized representatives or electronic means provided by Profound, expressly rejects Customer purchase orders or business forms as having any legal effect or amending power, and reserves Profound's right to notify Customer of updates, establishing the exclusive method for altering the contractual relationship.
AI-generated interpretation, not legal advice.
" EXCEPT FOR LIABILITY ARISING FROM EXCLUDED CLAIMS (AS DEFINED BELOW) NEITHER PARTY (NOR ITS SUPPLIERS OR LICENSORS) WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THEIR POSSIBILITY IN ADVANCE."
This clause waives liability for indirect, special, incidental, consequential, and other enumerated categories of damages for both parties and their suppliers/licensors, except for Excluded Claims, thereby limiting the remedies available for losses arising out of or related to the Agreement.
AI-generated interpretation, not legal advice.
" EXCEPT FOR LIABILITY ARISING FROM EXCLUDED CLAIMS, EACH PARTY’S (AND ITS SUPPLIERS’ AND LICENSORS’) ENTIRE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED IN AGGREGATE THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO PROFOUND PURSUANT TO THIS AGREEMENT DURING THE 12 MONTHS PRIOR TO THE DATE ON WHICH THE APPLICABLE CLAIM GIVING RISE TO THE LIABILITY AROSE UNDER THIS AGREEMENT."
This clause caps each party's total aggregate liability arising out of or related to the Agreement at the amounts paid or payable by Customer in the 12 months prior to the claim, except for Excluded Claims, thereby establishing a financial ceiling on recoverable damages.
AI-generated interpretation, not legal advice.
" The waivers and limitations in this Section 12 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose."
This clause declares that the liability waivers and caps apply regardless of the form of action and survive even if any limited remedy fails of its essential purpose, reinforcing the enforceability and breadth of the limitations.
AI-generated interpretation, not legal advice.
" Nothing in this Agreement prohibits either Party from making disclosures, including of Customer Data and other Confidential Information, if required by Law, subpoena, or court order, provided (if permitted by Law) it notifies the other Party in advance and cooperates in any effort to obtain confidential treatment."Permalink to this finding →
This clause creates an exception to confidentiality obligations by permitting either party to disclose Confidential Information (including Customer Data) if required by law, subpoena, or court order, subject to advance notice to the other party and cooperation in seeking confidential treatment where legally permitted.
AI-generated interpretation, not legal advice.
" Customer is responsible for its Customer Data, including its content and accuracy, and will comply with applicable Laws when using the Services, including those that apply to Customer Data. Customer represents and warrants that it has made all disclosures, provided all notices, and has obtained all rights, consents, and permissions necessary for Profound to access and use Customer Data and exercise the rights granted to it in this Agreement without violating or infringing Laws, third-party rights, or terms or policies that apply to the Customer Data."Permalink to this finding →
Imposes obligations on Customer to ensure its Customer Data complies with applicable law, including that all necessary consents, notices, and permissions have been obtained to allow Profound to access and use Customer Data as granted in the Agreement — constituting a warranty and compliance obligation regarding data legality.
AI-generated interpretation, not legal advice.
" During the Term, subject to Customer’s compliance with the terms of this Agreement, Customer may access and use the Services only for Customer’s internal business purposes in accordance with the Documentation, this Agreement, and any limitations set forth in the applicable Order. The foregoing license includes the right to access, view, and use the reports, information, content, insights, responses and outputs generated through the Services (including responses returned by answer engines or other Third-Party Platforms in connection with prompts submitted through the Services), and other materials made available through the Services from time to time (“ Service Content ”) for Customer’s internal business purposes."
Grants Customer a license to access and use the Services solely for internal business purposes during the Term, subject to compliance with the Agreement, Documentation, and Order limitations, and expressly includes the right to use outputs, reports, and content generated through the Services including third-party platform responses.
AI-generated interpretation, not legal advice.
" Profound may immediately suspend Customer’s access to any or all of the Profound Technology if: (a) Customer breaches Section 2.4 (Restrictions) or Section 5 (Customer Obligations); (b) Customer’s account is 30 days or more overdue; (c) changes to Laws or new Laws require that Profound suspend the Profound Technology or otherwise may impose additional liability on the part of Profound; or (d) Customer’s actions risk harm to any of Profound’s other customers or the security, availability, or integrity of any of the Profound Technology. Where practicable, Profound will use reasonable efforts to provide Customer with prior notice of the suspension (email sufficing)."Permalink to this finding →
Grants Profound the right to immediately suspend Customer's access to the Profound Technology upon breach of Restrictions or Customer Obligations, non-payment overdue by 30+ days, legal changes requiring suspension, or risk of harm to other customers or platform integrity — establishing enforcement and remedial suspension rights.
AI-generated interpretation, not legal advice.
" Customer will indemnify and hold harmless and, at Profound’s request will defend, Profound from and against any third-party claim, including any damages and costs awarded against Profound (including reasonable attorneys’ fees) or agreed in a settlement resulting from the claim, to the extent (a) alleging facts that, if true, would result in Customer’s breach of Section 5 (Customer Obligations), or (b) relating to Customer’s business practices or use of Service Content."
This clause obligates Customer to indemnify and hold harmless Profound (and defend at Profound's request) against third-party claims arising from Customer's breach of its obligations under Section 5 or relating to Customer's business practices or use of Service Content, including awarded damages, costs, and attorneys' fees.
AI-generated interpretation, not legal advice.
" EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 9.1 (MUTUAL WARRANTIES), THE PROFOUND TECHNOLOGY, ANY SUPPORT, OR TECHNICAL SERVICES, AND ALL OTHER PROFOUND SERVICES ARE PROVIDED “AS IS”. PROFOUND, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. PROFOUND DOES NOT WARRANT THAT CUSTOMER’S USE OF THE PROFOUND TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. PROFOUND IS NOT LIABLE FOR DELAYS, FAILURES, OR PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE PROFOUND’S CONTROL. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES WILL BE LIMITED TO THE SHORTEST LEGALLY PERMITTED PERIOD. Without limiting the foregoing, and notwithstanding anything to the contrary in this Agreement, Customer acknowledges and agrees that: (a) the Services and Service Content are not professional advice; (b) the Services and Service Content may include inaccurate or erroneous information; (c) Customer is responsible for independently evaluating the Service Content and any other information Customer receives from the Services; and (d) due to the changing nature of AI Platforms and Third-Party Platforms, Profound does not guarantee the Services will support or be compatible with specific AI Platforms and Third-Party Platforms."
Disclaims all express, implied, statutory, or other warranties beyond those in Section 9.1, including merchantability, fitness for purpose, title, and non-infringement, and specifically disclaims any warranty of uninterrupted or error-free service or against data loss — broadly limiting Profound's warranty liability to the maximum extent permitted.
AI-generated interpretation, not legal advice.
" The Services may support integration with third-party platforms, add-ons, services, or products not provided by Profound (“ Third-Party Platforms ”). Use of any Third-Party Platforms integrated with or made available through the Services is subject to Customer’s agreement with the relevant provider and not this Agreement. Profound does not control and has no liability for Third-Party Platforms, including their security, functionality, operation, availability, or interoperability with the Profound Technology or how the Third-Party Platforms or their providers use Customer Data. By enabling a Third-Party Platform to interact with the Profound Technology, Customer authorizes Profound to access and exchange Customer Data with such Third-Party Platform on Customer’s behalf. To the extent an integration with a Third-Party Platform requires that Profound use Customer’s access credentials for such Third-Party Platform, Customer: (a) agrees to provide such credentials, (b) represents and warrants that Customer has all necessary rights to provide such credentials, and (c) authorizes Profound to use such credentials on Customer’s behalf in connection with the provision of the Services."Permalink to this finding →
Disclaims Profound's liability for Third-Party Platforms integrated with or available through the Services, noting that their use is governed by separate customer agreements with the relevant providers, and that Profound does not control how Third-Party Platforms use Customer Data — limiting Profound's responsibility for third-party data handling.
AI-generated interpretation, not legal advice.
" This Agreement is governed by the laws of the State of Delaware and the United States without regard to conflicts of laws provisions that would result in the application of the laws of another jurisdiction and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to this Agreement will be the state and United States federal courts located in Delaware and both Parties submit to the personal jurisdiction of those courts."
This clause establishes Delaware law as the governing law of the Agreement, excludes conflicts-of-laws rules and the UN Convention on the International Sale of Goods, and requires both parties to submit to personal jurisdiction in Delaware state and federal courts, creating binding forum and choice-of-law obligations.
AI-generated interpretation, not legal advice.
" Customer will not (and will not permit anyone else to), directly or indirectly, do any of the following: (a) provide access to, distribute, sell, or sublicense the Services, Service Content, or related content or technology provided by or on behalf of Profound (collectively, “ Profound Technology ”) to a third party (other than Users); (b) use the Profound Technology to develop a similar or competing product or service or to provide products or services to a third party; (c) reverse engineer, decompile, disassemble, or seek to access the source code or non-public APIs to the Profound Technology, except to the extent such a restriction is not permitted under applicable Law (and then only with prior notice to Profound); (d) modify or create derivative works of the Profound Technology or copy any element of the Profound Technology; (e) remove or obscure any proprietary notices in the Profound Technology; (f) publish benchmarks or performance information about the Profound Technology; (g) interfere with the operation of the Profound Technology, circumvent any access restrictions, or conduct any security or vulnerability test of the Profound Technology; (h) transmit any viruses or other harmful materials to the Profound Technology; (i) use the Profound Technology to take any action that risks harm to others; (j) intentionally harm the security, availability, or integrity of the Profound Technology; or (k) access or use the Profound Technology in a manner that violates any relevant local, state, federal or international laws, regulations, caselaw, or conventions, including those related to data privacy or data transfer, international communications, or export of data (“ Law ”)."
Prohibits Customer from sublicensing, distributing, or selling the Profound Technology, using it to develop competing products, reverse engineering, accessing source code, removing proprietary notices, or otherwise exceeding the licensed scope — establishing hard boundaries on permitted use of the platform.
AI-generated interpretation, not legal advice.
" Profound may include Customer and its trademarks in Profound’s customer lists and promotional materials but will cease further use at Customer’s written request."Permalink to this finding →
This clause grants Profound a permission to use Customer's name and trademarks in promotional materials and customer lists, while also establishing a restriction that Profound must cease such use upon Customer's written request, creating a revocable marketing right.
AI-generated interpretation, not legal advice.
" Customer will pay the fees for the Profound Technology set forth in each Order (“ Fees ”). All Fees will be paid in U.S. dollars unless otherwise provided in the Order. Fees are invoiced as described in the Order. Unless the Order provides otherwise, all Fees are due within 30 days of the invoice date. Fees for Order Renewal Terms are at Profound’s then-current rates, regardless of any discounted pricing in a prior Order. All Fees are non-refundable except as may be set out in Section 13.4 (Mitigation)."
Obligates Customer to pay Fees as specified in each Order in U.S. dollars within 30 days of invoice unless otherwise agreed, establishes that renewal Fees are at then-current rates regardless of prior discounts, and states all Fees are non-refundable except as provided in the Mitigation section — defining payment terms and conditions tied to Order tier.
AI-generated interpretation, not legal advice.
" Upon expiration or termination of this Agreement, Customer’s rights to access, and Profound’s obligations to provide, the Profound Technology will cease. Following the date of expiration or earlier termination of this Agreement, Profound will promptly return or delete Customer Data and other Customer Confidential Information (defined below), provided that Profound may retain copies of Customer Data and other Confidential Information (a) as permitted under this Agreement, (b) as necessary to comply with applicable law, and (c) to the extent contained in standard backups, subject to this Agreement’s confidentiality provisions."
Upon expiration or termination, Customer's access rights cease and Profound must promptly return or delete Customer Data and Confidential Information, subject to exceptions permitting retention as allowed under the Agreement, as required by law, or in standard backups — establishing post-termination data deletion and retention obligations.
AI-generated interpretation, not legal advice.
" Elements of the Profound Technology may include commercial computer software. If the user or licensee of the Profound Technology is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Profound Technology or any related documentation of any kind, including technical data and manuals, is restricted by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Profound Technology was developed fully at private expense. All other use is prohibited."
This clause restricts U.S. government end-users' rights to use, duplicate, reproduce, release, modify, disclose, or transfer Profound Technology and related documentation by subjecting them to the terms of the Agreement in accordance with FAR 12.212 and DFARS 227.7202, limiting government rights to those provided under the commercial license.
AI-generated interpretation, not legal advice.
Common questions about Profound's policies
- Who owns the content you create with Profound?
- You own outputs — with license carve-outs — based on 1 verified finding from Profound's published policy. Informational only, not legal advice.
- Can you use Profound's output commercially?
- Commercial use allowed — based on 1 verified finding from Profound's published policy. Informational only, not legal advice.
Clause detail — protections, your obligations, and coverage
Every clause below is a verbatim quote from Profound's own published policy, read in full and linked to its exact location. Protections and user obligations are reported separately from risk because they are different kinds of clause — an obligation on you is not a risk to your data. Informational only, not legal advice.
✅ Protections found
14 verified clausesClauses in Profound's policies that work in your favour — commitments the platform made to you.
- Confidentiality
“As Recipient, each Party will: (a) hold Confidential Information in confidence and implement reasonable measures to prevent its disclosure to third parties except as permitted in this Agreement, including Section 4.2 (Use of Customer Data); and (b) only use Co…”
This clause obligates each party as Recipient to hold Confidential Information in confidence, implement reasonable protective measures, use it only as permitted, and delete it upon Discloser's request, with a carve-out p…
📍 § 14.2Jump to exact text → - Moderation & enforcementterms can change anytime
“Except as otherwise expressly set forth in this Agreement, any amendments, modifications, or supplements to this Agreement must be in writing and signed by each Party’s authorized representatives or, as appropriate, agreed through electronic means provided by…”
This clause restricts modifications to the Agreement to written, signed amendments by authorized representatives or electronic means provided by Profound, expressly rejects Customer purchase orders or business forms as h…
- Terms changes: advance notice promised
📍 § 18.6Jump to exact text → - Indemnity & liabilityindemnity direction
“In response to an actual or potential claim relating to infringement, misappropriation, or violation of intellectual property rights, if required by settlement or injunction or as Profound determines necessary to avoid material liability, Profound may at its o…”
This clause grants Profound the right, in response to actual or potential IP infringement claims, to choose among three mitigation options—procuring continued use rights, modifying the technology, or terminating the Agre…
📍 § 13.4Jump to exact text → - Data retentiondeletion rights & post-termination survival
“Upon expiration or termination of this Agreement, Customer’s rights to access, and Profound’s obligations to provide, the Profound Technology will cease. Following the date of expiration or earlier termination of this Agreement, Profound will promptly return o…”
Upon expiration or termination, Customer's access rights cease and Profound must promptly return or delete Customer Data and Confidential Information, subject to exceptions permitting retention as allowed under the Agree…
📍 § 10.3Jump to exact text → - Confidentiality
““ Confidential Information ” means information disclosed to the receiving Party (“ Recipient ”) under this Agreement that is designated by the disclosing Party (“ Discloser ”) as proprietary or confidential or that should be reasonably understood to be proprie…”
This clause defines 'Confidential Information' to include information designated as proprietary or confidential or reasonably understood to be so, and specifies that Profound's Confidential Information includes the Agree…
📍 § 14.1Jump to exact text → - Moderation & enforcement
“Either Party may terminate this Agreement (including the Order) immediately upon written notice if the other Party: (a) fails to cure a material breach of this Agreement (including, where Customer is the breaching Party, a failure to pay Fees) within 30 days a…”
Grants either party the right to terminate the Agreement immediately upon written notice if the other party fails to cure a material breach within 30 days, ceases operations without a successor, or enters insolvency proc…
📍 § 10.2Jump to exact text →
+ 8 more verified clauses of this kind on this platform, cited in full in the report.
📋 Rules you must follow
3 verified clausesWhat Profound requires of YOU. These are your obligations, not risks to your data or IP, so they are cited here and excluded from this platform's risk rating.
- Moderation & enforcementconduct restrictions
“Customer will not (and will not permit anyone else to), directly or indirectly, do any of the following: (a) provide access to, distribute, sell, or sublicense the Services, Service Content, or related content or technology provided by or on behalf of Profound…”
Prohibits Customer from sublicensing, distributing, or selling the Profound Technology, using it to develop competing products, reverse engineering, accessing source code, removing proprietary notices, or otherwise excee…
📍 § 2.4Jump to exact text → - Commercial useconduct restrictions
“Elements of the Profound Technology may include commercial computer software. If the user or licensee of the Profound Technology is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modificatio…”
This clause restricts U.S. government end-users' rights to use, duplicate, reproduce, release, modify, disclose, or transfer Profound Technology and related documentation by subjecting them to the terms of the Agreement…
📍 § 18.12Jump to exact text → - Moderation & enforcementconduct restrictions
“Customer will comply with all relevant U.S. and foreign export and import Laws in using any Profound Technology. Customer: (a) represents and warrants that it is not listed on any U.S. government list of prohibited or restricted parties or located in (or a nat…”
This clause imposes obligations on Customer to comply with all applicable U.S. and foreign export and import laws, includes representations and warranties that Customer is not on prohibited party lists or subject to emba…
📍 § 18.11Jump to exact text →
What the policies actually cover
8 topics- Product telemetry & usage tracking1 clause
- Government & law-enforcement disclosure1 clause
- Damages & liability cap1 protective6 clauses
- Indemnity direction3 protective5 clauses
- Terms can change at any time1 protective2 clauses
- Deletion rights & post-termination survival1 protective1 clause
- Auto-renewal & cancel window2 clauses
- Conduct restrictions3 obligations3 clauses
28 further verified clauses are cited on this page but not yet assigned a topic.
Cross-clause notes
The Terms of Service, § 2.2 describes rights the platform takes in user content, and the Terms of Service, § 7 describes disclosure of data to third parties or subprocessors. Both clauses are in force at the same time — read them together.
Automated cross-reference against the published rubric — not legal advice.
Clause intelligence
Canonical clauses and stance patterns extracted from the same gate-verified citations shown on this page.
The clause includes sublicensable, transferable, or assignable rights.
“Customer hereby grants Profound a non-exclusive, worldwide, royalty-free, fully paid-up, non-sublicensable (except to contractors and service providers), non-transferable (except as set forth in Section 18.1) right to access and use any materials that Customer (including its Users) inputs or makes available to Profound, including any queries submitted through the Services (collectively, “ Customer Data ”) to: (a) ...”Open source citation
The clause includes sublicensable, transferable, or assignable rights.
“Customer will not (and will not permit anyone else to), directly or indirectly, do any of the following: (a) provide access to, distribute, sell, or sublicense the Services, Service Content, or related content or technology provided by or on behalf of Profound (collectively, “ Profound Technology ”) to a third party (other than Users); (b) use the Profound Technology to develop a similar or competing product or se...”Open source citation
The clause includes sublicensable, transferable, or assignable rights.
“Customer hereby grants Profound a non-exclusive, worldwide, royalty-free, fully paid-up, non-sublicensable (except to contractors and service providers), non-transferable (except as set forth in Section 18.1) right to access and use any materials that Customer (including its Users) inputs or makes available to Profound, including any queries submitted through the Services (collectively, “ Customer Data ”) to: (a) ...”Open source citation
The clause includes sublicensable, transferable, or assignable rights.
“Customer will not (and will not permit anyone else to), directly or indirectly, do any of the following: (a) provide access to, distribute, sell, or sublicense the Services, Service Content, or related content or technology provided by or on behalf of Profound (collectively, “ Profound Technology ”) to a third party (other than Users); (b) use the Profound Technology to develop a similar or competing product or se...”Open source citation
The clause includes sublicensable, transferable, or assignable rights.
“Customer hereby grants Profound a non-exclusive, worldwide, royalty-free, fully paid-up, non-sublicensable (except to contractors and service providers), non-transferable (except as set forth in Section 18.1) right to access and use any materials that Customer (including its Users) inputs or makes available to Profound, including any queries submitted through the Services (collectively, “ Customer Data ”) to: (a) ...”Open source citation
Tier matrix
Plan-level conditions detected from citation-backed clauses. Empty tiers mean AIRIN has not captured decisive tier language yet.
| Tier | Surface | Verdict | Risk | Citations |
|---|---|---|---|---|
| All applicable tiers | commercial use | worsens | HIGH | 12 |
| All applicable tiers | confidentiality | conditional | MEDIUM | 1 |
| All applicable tiers | data retention | conditional | MEDIUM | 9 |
| All applicable tiers | indemnity liability | conditional | MEDIUM | 2 |
| All applicable tiers | privacy data use | conditional | MEDIUM | 4 |
| All applicable tiers | subprocessors data sharing | conditional | MEDIUM | 4 |
| Free | indemnity liability | conditional | MEDIUM | 6 |
| Free | prompt ownership | worsens | HIGH | 6 |
| Free | training use | worsens | HIGH | 1 |
| Team / Business | indemnity liability | conditional | MEDIUM | 5 |
Policy evolution
Open full timelineBefore/after stance changes across captured policy versions. When no material delta exists yet, AIRIN shows the latest citation-backed stance events instead.
legal burden changed from medium/indemnity to medium/liability limited.
“Customer will indemnify and hold harmless and, at Profound’s request will defend, Profound from and against any third-party claim, including any damages and costs awarded against Profound (including reasonable attorneys’ fees) or agreed in a settlement resulting from the claim, to the extent (a) alleging facts that, if true, would result in Customer’s breach of Section 5 (Customer Obligations), or (b) relating to Customer’s business practices or use of Service Content.”Before citation
“Trials and Betas are optional and either Party may terminate Trials and Betas at any time for any reason. Trials and Betas may be inoperable, incomplete, or include features that Profound may never release, and their features and performance information are Profound’s Confidential Information. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, PROFOUND PROVIDES NO WARRANTY, INDEMNITY, OR SUPPORT FOR TRIALS AND BETAS, AND ITS LIABILITY FOR TRIALS AND BETAS WILL NOT EXCEED US$50. 17. Publicity . Profound may include Customer and its trademarks in Profound’s customer lists and promotional materials but will cease further use at Customer’s written request. 18. General Terms . 18.1 Assignment. Neither Party may assign this Agreement without the prior consent of the other Party, except that either Party may assign this Agreement in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all its voting securities or assets to which this Agreement relates to the other Party involved in such transaction. Any non-permitted assignment is void. This Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns. 18.2 Governing Law, Jurisdiction and Venue. This Agreement is governed by the laws of the State of Delaware and the United States without regard to conflicts of laws provisions that would result in the application of the laws of another jurisdiction and without regard to the United Nations Convention on the International Sale of Goods.”After citation
legal burden changed from medium/liability limited to medium/indemnity.
“EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 9.1 (MUTUAL WARRANTIES), THE PROFOUND TECHNOLOGY, ANY SUPPORT, OR TECHNICAL SERVICES, AND ALL OTHER PROFOUND SERVICES ARE PROVIDED “AS IS”. PROFOUND, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. PROFOUND DOES NOT WARRANT THAT CUSTOMER’S USE OF THE PROFOUND TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL MAINTAIN CUSTOMER DATA WITHOUT LOSS. PROFOUND IS NOT LIABLE FOR DELAYS, FAILURES, OR PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE PROFOUND’S CONTROL. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT ANY STATUTORILY REQUIRED WARRANTIES WILL BE LIMITED TO THE SHORTEST LEGALLY PERMITTED PERIOD. Without limiting the foregoing, and notwithstanding anything to the contrary in this Agreement, Customer acknowledges and agrees that: (a) the Services and Service Content are not professional advice; (b) the Services and Service Content may include inaccurate or erroneous information; (c) Customer is responsible for independently evaluating the Service Content and any other information Customer receives from the Services; and (d) due to the changing nature of AI Platforms and Third-Party Platforms, Profound does not guarantee the Services will support or be compatible with specific AI Platforms and Third-Party Platforms.”Before citation
“Customer will indemnify and hold harmless and, at Profound’s request will defend, Profound from and against any third-party claim, including any damages and costs awarded against Profound (including reasonable attorneys’ fees) or agreed in a settlement resulting from the claim, to the extent (a) alleging facts that, if true, would result in Customer’s breach of Section 5 (Customer Obligations), or (b) relating to Customer’s business practices or use of Service Content.”After citation
Latest stance: liability limited on indemnity liability
“If Customer receives access to Profound Technology or features thereof on a free or trial basis or as an alpha, beta, or early access offering (“ Trials and Betas ”), use is permitted only for Customer’s internal evaluation during the period designated by Profound (or if not designated, 30 days). Trials and Betas are optional and either Party may terminate Trials and Betas at any time for any reason. Trials and Betas may be inoperable, incomplete, or include features that Profound may never release, and their features and performance information are Profound’s Confidential Information. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, PROFOUND PROVIDES NO WARRANTY, INDEMNITY, OR SUPPORT FOR TRIALS AND BETAS, AND ITS LIABILITY FOR TRIALS AND BETAS WILL NOT EXCEED US$50.”Open timeline citation
Latest stance: third party or vendor sharing on commercial use
“Customer will not (and will not permit anyone else to), directly or indirectly, do any of the following: (a) provide access to, distribute, sell, or sublicense the Services, Service Content, or related content or technology provided by or on behalf of Profound (collectively, “ Profound Technology ”) to a third party (other than Users); (b) use the Profound Technology to develop a similar or competing product or service or to provide products or services to a third party; (c) reverse engineer, decompile, disassemble, or seek to access the source code or non-public APIs to the Profound Technology, except to the extent such a restriction is not permitted under applicable Law (and then only with prior notice to Profound); (d) modify or create derivative works of the Profound Technology or copy any element of the Profound Technology; (e) remove or obscure any proprietary notices in the Profound Technology; (f) publish benchmarks or performance information about the Profound Technology; (g) interfere with the operation of the Profound Technology, circumvent any access restrictions, or conduct any security or vulnerability test of the Profound Technology; (h) transmit any viruses or other harmful materials to the Profound Technology; (i) use the Profound Technology to take any action that risks harm to others; (j) intentionally harm the security, availability, or integrity of the Profound Technology; or (k) access or use the Profound Technology in a manner that violates any relevant local, state, federal or international laws, regulations, caselaw, or conventions, including those related to data privacy or data transfer, international communications, or export of data (“ Law ”).”Open timeline citation
Latest stance: third party or vendor sharing on data retention
“As Recipient, each Party will: (a) hold Confidential Information in confidence and implement reasonable measures to prevent its disclosure to third parties except as permitted in this Agreement, including Section 4.2 (Use of Customer Data); and (b) only use Confidential Information to fulfill its obligations and exercise its rights in this Agreement. At Discloser’s request, Recipient will delete all Confidential Information, except, in the case where Profound is the Recipient, Profound may retain the Customer’s Confidential Information to the extent permitted or required to continue to provide the Profound Technology as contemplated by this Agreement. Recipient may disclose Confidential Information to its employees, agents, contractors, and other representatives having a legitimate need to know (including, for Profound, the subcontractors referenced in Section 18.10), provided it remains responsible for their compliance with this Section 14 and they are bound by written agreements (or, in the case of professional advisers like attorneys and accountants, ethical duties) imposing confidentiality and non-use obligations no less protective than this Section 14.”Open timeline citation
Latest stance: sublicensable or transferable on prompt ownership
“Customer hereby grants Profound a non-exclusive, worldwide, royalty-free, fully paid-up, non-sublicensable (except to contractors and service providers), non-transferable (except as set forth in Section 18.1) right to access and use any materials that Customer (including its Users) inputs or makes available to Profound, including any queries submitted through the Services (collectively, “ Customer Data ”) to: (a) provide the Services and as permitted under this Agreement; (b) to derive or generate Telemetry.”Open timeline citation
Capture recency
- Terms of Service:Last captured 2026-08-28· verified 2026-08-28
- Privacy Policy:Last captured 2026-08-28· verified 2026-08-28
Dates state when our pipeline captured and verified each document — not when the vendor last changed it. Documents are re-scanned on a recurring cadence; a document verified once says so until a re-scan confirms it again.
↑ 278 more findings this quarter vs last (331 vs 53). First scan: June 2026.
Compare and stack are saved in your browser. Open compare · View your stack. A correction triggers an automated re-read of Profound's policies — no human edits the data.
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We haven't yet verified Profound's Privacy Policy. Point us at the official page and our pipeline will attempt to capture and read it in full. Submissions are candidates only — nothing is published until it passes the same verification gates as every other document on this site.
Every finding above is a verbatim quote from Profound's own published policy, captured to an immutable snapshot and read in full through a two-gate verification pipeline. Confidence labels and any analysis are AI-generated and informational only — not legal advice.
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