End User License Agreement
This End User License Agreement (the "Agreement") is a legal agreement between you ("you" or "User") and Hickory Labs, Inc., doing business as Hickory & Company ("Hickory & Company," "we," "us"), governing your use of our software, websites, and related services (collectively, the "Software").
By accessing or using the Software, you agree to be bound by this Agreement. If you do not agree, do not access or use the Software.
If your employer has a written agreement with Hickory & Company, that agreement governs the relationship between Hickory & Company and your employer, and it controls over this Agreement to the extent of any conflict. This Agreement governs your individual use of the Software.
1. License grant
Subject to your compliance with this Agreement, Hickory & Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software for your internal business purposes, for the term of your authorization, and only through the account provisioned to you.
Access is provisioned and revoked by the organization that authorized you. Your license terminates automatically when that authorization ends.
2. Restrictions
You may not, and may not permit any third party to:
- Copy, modify, translate, or create derivative works of the Software;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code, model weights, or underlying structure of the Software, except to the extent this restriction is prohibited by applicable law;
- Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Software or your access credentials to any third party;
- Share your account credentials, or allow any person other than you to use your account;
- Use the Software to build a competing product or service, or to benchmark it for publication without our prior written consent;
- Circumvent or interfere with any security, access-control, data-loss-prevention, rate-limiting, logging, or audit feature of the Software;
- Use the Software to violate any law or regulation, infringe any third-party right, or transmit malicious code;
- Submit to the Software any data your organization's policies or applicable law prohibit you from disclosing to a service provider.
3. Your content and your responsibilities
"Customer Content" means data, prompts, files, and other material submitted to the Software by you or your organization. As between you and Hickory & Company, Customer Content belongs to your organization. Hickory & Company claims no ownership of it.
You grant Hickory & Company a limited license to host, process, transmit, and display Customer Content solely to provide and support the Software, and as described in our Privacy Notice.
You are responsible for:
- The accuracy, legality, and appropriateness of Customer Content you submit;
- Maintaining the confidentiality of your credentials and for all activity under your account;
- Reviewing outputs before relying on them, as described in §4.
4. AI outputs
The Software uses artificial intelligence, including large language models, to generate outputs. You acknowledge that:
- Outputs may be inaccurate. AI-generated outputs can be incomplete, incorrect, or misleading, and must be reviewed by a qualified person before being relied upon.
- Outputs are not professional advice. The Software does not provide legal, regulatory, compliance, accounting, tax, or financial advice, and does not substitute for the judgment of a qualified professional or for your organization's own supervisory, compliance, and recordkeeping obligations.
- You retain the decision. The Software supports human review; it does not replace it. Decisions made using the Software remain yours and your organization's.
- Outputs may not be unique. Similar inputs may generate similar outputs for other users, and Hickory & Company makes no representation that outputs are original or non-infringing.
5. Data handling and third-party models
The Software screens Customer Content through a data-loss-prevention (DLP) layer before any call to a hosted third-party model, and holds Customer Content in tenant-isolated storage. Hosted-model processing may occur outside your jurisdiction, as described in our Privacy Notice. Where your organization requires it, hosted-model processing can be constrained or disabled on a per-tenant basis.
The Software has no payment-rail integrations and is not intended for the submission of consumer financial-account information.
6. Intellectual property
The Software, and all intellectual property rights in it, are and remain the exclusive property of Hickory & Company and its licensors. This Agreement grants you a license, not a sale, and confers no rights other than those expressly granted in §1. Hickory & Company reserves all rights not expressly granted.
If you submit feedback, suggestions, or feature requests, Hickory & Company may use them without restriction or obligation to you.
7. Availability and changes
Hickory & Company may modify, update, suspend, or discontinue any part of the Software at any time. Service-level commitments, if any, are set out in the written agreement with your organization and are not part of this Agreement.
8. Term and termination
This Agreement is effective until terminated. It terminates automatically when your authorization to use the Software ends. Hickory & Company may suspend or terminate your access immediately if you breach this Agreement or if your use presents a security or legal risk.
On termination, you must stop using the Software. Sections 2, 3, 4, 6, 9, 10, 11, and 12 survive termination.
9. Disclaimer of warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HICKORY & COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HICKORY & COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY OUTPUT WILL BE ACCURATE OR COMPLETE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HICKORY & COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HICKORY & COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, the exclusions and limitations above apply only to the extent permitted.
11. Governing law and disputes
This Agreement is governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. The exclusive venue for any dispute arising out of or relating to this Agreement is the state and federal courts located in Utah County, Utah, and you consent to personal jurisdiction there.
12. General
This Agreement, together with our Privacy Notice, is the entire agreement between you and Hickory & Company regarding your individual use of the Software, and supersedes all prior understandings on that subject. If any provision is held unenforceable, the remaining provisions remain in full force. Any failure to enforce a provision is not a waiver of it. You may not assign this Agreement; Hickory & Company may assign it freely.
We may update this Agreement from time to time. We will post the revised Agreement at this URL with an updated effective date. Your continued use of the Software after the effective date constitutes acceptance.
13. Contact
Questions about these terms:
info@hickory.co · 1 866 697 6985
Hickory Labs, Inc. d/b/a Hickory & Company
1633 Innovation Way Ste 500
Lehi, Utah 84043