End User License Agreement
End User License Agreement
Preview — These terms are provided for transparency during our pre-launch period. Final terms will be published at launch and may differ from what is shown here.
Effective Date: Upon launch Last Updated: May 28, 2026
This End User License Agreement (“Agreement,” “EULA”) is a legal agreement between you (“Practitioner,” “you,” “your”) and Clover IT Solutions of the Upstate, LLC (“Company,” “we,” “us,” “our”), a South Carolina limited liability company, for the use of the Undercurrent platform (“Platform,” “Service”).
By creating an account, accessing, or using the Platform, you agree to be bound by this Agreement. If you do not agree, do not use the Platform.
1. License Grant
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your professional advisory practice, subject to this Agreement and your active subscription.
This license does not include:
- The right to sublicense, resell, or distribute access to the Platform
- The right to modify, adapt, or create derivative works of the Platform
- The right to reverse-engineer, decompile, disassemble, or otherwise attempt to extract the source code, analytical framework, AI prompts, signal definitions, or architecture of the Platform
- Any ownership interest in the Platform or its intellectual property
2. What the Platform Is
Undercurrent is an organizational intelligence platform for fractional practitioners — consultants, advisors, and interim executives — who serve organizations in bounded, expertise-driven engagements. It is business intelligence for human interaction dynamics.
The Platform is an analytical engine, not a passive note-taking tool. When you enter observations from your engagements, the Platform actively processes them through a proprietary analytical methodology — extracting narrative patterns, assessing evidence against accumulated findings, building and maintaining a living analytical picture, decaying stale signals as time passes, and preparing you for client conversations. The picture compounds over time: each observation strengthens, challenges, or reframes what came before. The client never sees the Platform. They see a practitioner who is simply better prepared.
The Platform does not follow a predetermined path. Each observation reveals the next step. Each meeting debrief surfaces new questions. The picture builds iteratively, shaped by what you encounter in the field — not by a template imposed before the engagement began. You should not expect the Platform to produce a completed assessment on a fixed timeline. Confidence builds with evidence.
Who Is Responsible for What
This distinction governs the entire relationship between you and the Platform.
The Platform’s responsibility: We run the engine. The Platform actively processes your observations, maintains analytical rigor through evidence-based confidence levels, enforces engagement-level data isolation, and ensures your data is never shared, aggregated, or used for model training. The Platform is architecturally designed to keep every engagement hermetically sealed — your data is never visible to other practitioners, never crosses engagement boundaries, and never leaves the inference pipeline.
Your responsibility: You drive the engine. You decide what to observe and what to document. You decide what is appropriate to enter given your professional and contractual obligations to your clients. You interpret every output through your professional expertise. You bear full responsibility for what you communicate to clients and the decisions you make based on Platform outputs. This is the same professional responsibility you carry with any analytical instrument — the Platform makes you faster and deeper, but the judgment is yours.
3. Systems, Not People
This distinction is foundational. It governs everything the Platform does and everything you agree to by using it.
The Platform analyzes organizational systems. It does not assess individuals.
People are complex, irreducible parts of a system. They cannot be reduced to a behavioral score, a personality type, or a category. When the Platform identifies a pattern — say, that a particular stakeholder consistently goes quiet when a specific topic arises — it is mapping a dynamic within the system. It is describing how someone functions in a specific organizational context at a specific moment in time. It is not making a claim about who they are.
Organizational systems theory treats behavior as a function of the system, not the individual. The same person may behave entirely differently in a different system, under different leadership, with different pressures. The Platform reads the system. You interpret what that means for the people within it, using your professional judgment.
You agree to:
- Use insights to understand organizational systems, not to target individuals
- Exercise professional judgment in how you communicate findings to clients
- Recognize that observed patterns are hypotheses, not verdicts
- Not represent AI-generated outputs as your own original analysis without professional review
You agree not to:
- Characterize, profile, or evaluate individuals outside of their systemic context
- Generate outputs intended to support personnel actions (hiring, firing, disciplinary decisions)
- Treat observed patterns as fixed traits of the people involved
- Use the Platform in any way that would harm the individuals or organizations described in your data
4. AI Augmentation and Its Limits
The Platform uses artificial intelligence extensively. You must understand what that means — and what it does not.
What AI does: AI processes your observations through a curated methodology. It extracts narrative patterns, assesses observations against accumulated evidence, generates hypotheses, identifies emerging themes, synthesizes longitudinal pictures, processes audio transcriptions (including speaker diarization — automated identification of distinct speakers, which produces speaker embeddings that may constitute biometric identifiers under applicable state laws), and generates probing questions for meeting preparation. Your obligations relating to the recording and biometric processing of audio you upload are set out in the Terms of Use §3 and in Section 6 of this Agreement.
What AI does not do: AI does not think. It does not understand your clients. It does not have professional judgment. It produces outputs based on statistical patterns in language. Those outputs can be remarkably useful — and they can be remarkably wrong.
All AI outputs are suggestions that require your professional interpretation. The Platform presents hypotheses, not conclusions. Confidence levels are always visible.
AI can and will make mistakes. Outputs may be factually inaccurate, contextually inappropriate, overconfident in weak patterns, or blind to dynamics the data does not capture.
You bear professional responsibility for every insight you act on, every question you ask in a meeting, every recommendation you make to a client. The Platform sharpens your preparation. It does not replace your judgment.
5. Proprietary Framework
The Platform’s methodology is the proprietary intellectual property of Clover IT Solutions of the Upstate, LLC.
The Platform draws on published academic traditions — constructivist epistemology, the Critical Incident Technique, organizational systems theory, adaptive leadership, formation theory, organizational learning. These traditions are public. We did not invent them.
What is proprietary is the specific selection, combination, and encoding of those traditions into a unified system: which frameworks were chosen, why those and not others, how they speak to each other as an integrated lens, and how that integration is translated into computational structures — narrative markers, signal definitions, vocabulary mappings, and playbooks.
You agree not to:
- Attempt to extract, reconstruct, or reverse-engineer the framework
- Reverse-engineer, reconstruct, or systematically extract knowledge of the Platform’s methodology for the purpose of building competing products or services
- Disclose proprietary aspects of the methodology to third parties
- Scrape, mine, or systematically collect AI-generated outputs for the purpose of replicating the Platform’s capabilities
6. Your Data and Confidentiality
Ownership
All content you enter — observations, meeting debriefs, client profiles, player notes, working theories — is your data. You own it. We process it to provide the Service.
You may export your data at any time. You may request permanent deletion at any time.
Client Data
Data you enter about your clients is for your professional use only. The Platform has no relationship with your clients or the individuals described in your observations. Your professional and contractual obligations to your clients govern how you handle that information.
You agree to:
- Maintain appropriate confidentiality protections for client data
- Not share raw Platform outputs with client organizations without professional interpretation
- Comply with any non-disclosure or confidentiality agreements between you and your clients
- Before uploading any audio recording, provide legally adequate notice to and obtain all required consents from every individual on the recording, including consents required by applicable recording laws (including all-party / two-party consent jurisdictions) and biometric privacy laws (BIPA, CUBI, Washington H.B. 1493, and equivalents); and affirmatively attest to having done so at the time of each upload
Analytical Outputs
The Platform generates analytical outputs from your data — including but not limited to analytical signals, confidence assessments, organizational canon, thesis assessments, speech dynamics analysis, notable moment scoring, arc entries, and meeting briefings. These outputs are produced by the Platform’s proprietary methodology and provided to you as part of the Service.
You may use these outputs in your professional practice for the duration of your subscription. You may not extract, archive, or systematically collect analytical outputs for the purpose of replicating the Platform’s capabilities or building competing products.
The underlying methods, analytical frameworks, signal definitions, and scoring models that produce these outputs remain the exclusive intellectual property of the Company. Upon termination of your subscription, analytical outputs are deleted along with your data per Section 10.
No Model Training
Your content is never used to train, fine-tune, or provide feedback to any AI model. The Platform uses third-party AI models through their commercial inference APIs — stateless requests where the model receives input, generates a response, and the interaction is complete. The Platform’s architecture provides no mechanism to submit training data, feedback signals, or preference labels to any model provider. This is enforced by system design, not merely by policy.
Practitioner Isolation
Your data is never visible to, shared with, or accessible by other practitioners on the Platform. Each practitioner’s engagements exist in complete isolation, enforced at the database level through row-level security, at the application level through tenant guards, and at the processing level through organization-scoped transactions.
Engagement Isolation
Each client engagement is hermetically sealed. No data crosses engagement boundaries. One client’s data never influences another client’s analysis.
Aggregate Performance Data
The Platform does not currently aggregate data across practitioners or engagements. No anonymization-and-aggregation layer or cross-tenant reporting mechanism exists in the current architecture.
If we introduce aggregate pattern enrichment in the future — designed to learn from the structural shape of analytical patterns, never from narrative content — participation will be opt-in, granular, and revocable. A practitioner who never opts in loses no Platform capability. The Platform is fully functional at the individual practitioner level. We will notify you before any such capability is introduced and obtain your explicit consent before including your data.
We may collect anonymized metrics about the Platform’s own analytical performance — such as pipeline processing characteristics and output quality measurements — to maintain and improve the Service. This data describes how the engine performs, not what it processes. It contains no identifiable client information, practitioner content, or organizational details.
7. What the Platform Is Not
- Not a substitute for professional judgment. The Platform augments your expertise. It does not replace it.
- Not legal advice. Nothing in the Platform’s outputs constitutes legal guidance.
- Not an HR tool. The Platform is not designed for personnel decisions, performance reviews, or employment actions.
- Not a compliance system. The Platform does not monitor regulatory compliance.
- Not a client deliverable. The Platform is your private instrument. It is not designed to produce reports for your clients.
8. Limitation of Liability
To the maximum extent permitted by applicable law:
- The Platform is provided “as is.” We do not warrant that it will be uninterrupted, error-free, or suitable for any particular purpose.
- We are not liable for decisions you make based on Platform outputs. AI outputs may be inaccurate. You are responsible for evaluating them and exercising professional judgment.
- Our total liability for any claim arising under this Agreement is limited to the fees you paid us in the 12 months preceding the claim.
- We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost clients, reputational harm, or business interruption.
- Third-party dependencies. The Platform depends on third-party services including AI model providers, transcription services, database hosting, and application infrastructure. We are not liable for service interruptions, degraded performance, or unavailability caused by third-party service outages, API changes, or circumstances beyond our reasonable control, including natural disasters, acts of government, labor disputes, or failures of internet infrastructure.
9. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Platform and its outputs
- Your violation of this Agreement
- Your violation of any applicable law, regulation, or professional standard
- Any third-party claim arising from content you entered into the Platform
- Any claim by your clients or their employees related to your use of insights derived from the Platform
- Any claim by any individual whose voice appears on a recording you uploaded, including claims under federal or state recording laws or biometric privacy laws (BIPA, CUBI, Washington H.B. 1493, and equivalents), arising from your failure to obtain the notices, consents, or written authorizations required by Section 6 of this Agreement and Section 3 of the Terms of Use, including any pass-through claims asserted against the Company by our transcription subprocessor under its biometric data addendum
10. Export and Deletion
Export: You may export your data at any time through the Settings interface. Exported data includes observations, client profiles, player profiles, meeting debriefs, working theories, and canon data.
Deletion: You may request deletion of specific client engagements, specific records, or your entire account. Deletion requests are processed within 5 business days. Deleted data is permanently removed from production systems. Backup retention follows the schedule in our Privacy Policy.
Post-termination: After your subscription ends or your account is terminated, you have 30 days to export your data. After 30 days, all data is permanently deleted.
11. Term and Termination
This Agreement is effective as long as you maintain an active account.
We may terminate this Agreement immediately if you:
- Violate any material term of this Agreement
- Use the Platform to target individuals rather than understand systems
- Attempt to extract or reverse-engineer the proprietary framework
- Engage in any activity that could harm the Platform, its users, or the Company
Upon termination, your license ceases immediately. Sections 5, 8, 9, and 12 survive termination.
12. General
Governing Law. This Agreement is governed by the laws of the State of South Carolina, without regard to conflict of law principles. Disputes shall be resolved in the state or federal courts located in Greenville County, South Carolina.
Severability. If any provision is found unenforceable, the remaining provisions continue in full force.
Entire Agreement. This Agreement, together with the Terms of Use, Privacy Policy, and Refund Policy, constitutes the entire agreement between you and the Company regarding the Platform.
Changes. We may update this Agreement from time to time. We will notify you of material changes via email at least 30 days before they take effect. Continued use after changes take effect constitutes acceptance. If you do not agree, you must stop using the Platform.
Contact. For questions about this Agreement:
Clover IT Solutions of the Upstate, LLC Greenville, SC Email: legal@theundercurrentapp.com Web: https://undercurrentapp.ai