Terms of Service

Terms of Use

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

These Terms of Use (“Terms”) govern your access to and use of the Undercurrent platform (“Platform,” “Service”) operated by Clover IT Solutions of the Upstate, LLC (“Company,” “we,” “us,” “our”), a South Carolina limited liability company.

By creating an account or using the Platform, you agree to these Terms and the End User License Agreement. If you do not agree, do not use the Platform.

1. Description of Service

Undercurrent is an organizational intelligence platform for fractional practitioners — consultants, advisors, and interim executives — who serve organizations in bounded, expertise-driven engagements.

The Platform provides AI-augmented engagement intelligence: it helps practitioners organize observations, track evolving hypotheses, and surface patterns in organizational dynamics. It is a private tool for the practitioner’s own use. It is not a client-facing deliverable, a reporting tool, or a dashboard for client organizations.

2. Account Registration

You must provide accurate, current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

Notify us immediately at support@theundercurrentapp.com if you believe your account has been compromised. One account per individual. Accounts are non-transferable.

3. Acceptable Use

You may use the Platform to:

Capture and organize observations from client engagements
Track working hypotheses and evolving patterns
Prepare for meetings and client interactions
Build longitudinal understanding of organizational dynamics

You may not use the Platform to:

Make personnel decisions about individuals (hiring, firing, performance management)
Generate outputs intended to target, evaluate, or characterize specific individuals
Share outputs directly with client organizations without professional interpretation
Reverse-engineer, decompile, or attempt to extract the Platform’s proprietary framework
Access the Platform on behalf of another person or organization without authorization
Upload audio of any individual from whom you have not obtained the recording and biometric-processing consents described below
Use the Platform for any unlawful purpose

The Platform analyzes organizational systems, not people. For the full terms governing this distinction, AI augmentation, and your professional responsibilities, see the End User License Agreement.

When you upload audio of a meeting or conversation, the Platform transcribes it using a third-party service (AssemblyAI) with speaker diarization — automated identification of distinct speakers. Speaker diarization produces speaker embeddings, which may qualify as biometric identifiers under the Illinois Biometric Information Privacy Act (BIPA), the Texas Capture or Use of Biometric Identifier Act (CUBI), the Washington biometric identifier statute (H.B. 1493), and similar laws.

By uploading audio, you represent and warrant that, before the recording was made and again before the recording is uploaded, you:

gave every individual on the recording legally adequate notice that they were being recorded and that the recording would be processed by an AI transcription service that performs speaker identification, including a brief written explanation of the purpose, the categories of data processed, and how to withdraw consent;
obtained any consents required by the recording laws of the jurisdictions in which the meeting occurred — including all-party / two-party consent jurisdictions such as California, Illinois, Florida, Maryland, Massachusetts, Pennsylvania, and Washington — and any consents required by applicable biometric privacy laws (BIPA, CUBI, H.B. 1493, and equivalents); and
have a written or recorded record sufficient to demonstrate those notices and consents on request.

You must affirmatively attest to the foregoing each time you upload audio. You may not upload audio for any individual from whom you have not obtained these consents. You bear sole responsibility for compliance with applicable recording and biometric privacy laws; the Company does not have a relationship with the individuals on your recordings and cannot evaluate the sufficiency of your consents.

4. Data Ownership

You own your data. We process it.

All observations, notes, client information, meeting debriefs, and other content you enter remain your property. We do not claim ownership of your content.

We use your content solely to provide the Service — including AI processing and pattern detection. We do not use your content to train AI models. We do not share your content with other users or third parties except as necessary to operate the Service.

Analytical outputs generated by the Platform from your content — including analytical signals, confidence assessments, organizational canon, and meeting briefings — are provided to you as part of the Service and are subject to the intellectual property terms in the EULA.

AI processing involves third-party model providers (currently Anthropic and Google) subject to their enterprise data processing terms. Their no-training and zero-retention commitments are flowed through to you in our Privacy Policy §4, and we will give at least 90 days’ advance notice before adding or replacing any AI subprocessor that processes your content.

For details on data handling, see our Privacy Policy.

5. Intellectual Property

The Platform’s methodology — including the specific selection, combination, and encoding of academic traditions into computational structures — is proprietary. The published academic traditions are public; their integrated encoding is not.

You may not copy, reproduce, reverse-engineer, or create derivative works based on the Platform’s methodology, AI prompts, signal definitions, or architecture. See the EULA for full terms.

6. Subscription and Billing

Access requires a paid subscription. New subscribers are covered by a first-month money-back guarantee as described in the Refund Policy. Subscription terms and pricing are presented at the time of purchase. Payment processing is handled by Stripe.

For refund terms, see our Refund Policy.

7. Termination

By you: Cancel your subscription and close your account at any time through account settings or by contacting support@theundercurrentapp.com.

By us: We may suspend or terminate your account if you violate these Terms or use the Platform in a manner that could harm other users or the Service.

After termination: You have 30 days to export your data. After 30 days, data is permanently deleted.

8. Limitation of Liability

The Platform is provided “as is” without warranties of any kind. We do not warrant that it will be uninterrupted, error-free, or that AI outputs will be accurate. The Platform depends on third-party services; we are not liable for interruptions caused by third-party outages or circumstances beyond our reasonable control. Our total liability is limited to fees paid in the 12 months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages.

You bear professional responsibility for decisions made based on Platform outputs.

9. General

Governing Law. These Terms are governed by South Carolina law. Disputes shall be resolved in Greenville County, SC courts.

Changes. We may update these Terms with 30 days’ notice. Continued use constitutes acceptance.

Entire Agreement. These Terms, the EULA, Privacy Policy, and Refund Policy constitute the entire agreement.

Contact: Clover IT Solutions of the Upstate, LLC Greenville, SC Email: legal@theundercurrentapp.com Web: https://undercurrentapp.ai