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Terms of Service

Effective Date: January 1, 2026 | Last Updated: January 1, 2026 | Next Review: January 1, 2027

1. Acceptance of Terms

These Terms of Service ("Terms") are a binding agreement between you and Baseplate Tech Inc. ("Hindsight," "we," "us," or "our"), a Delaware corporation doing business as Hindsight, governing your use of the Hindsight platform — available at usehindsight.com and the application at app.usehindsight.com — and all related services (the "Service").

By accessing or using the Service, you agree to these Terms. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.

Definitions:

  • "Customer" — the company or organization subscribing to Hindsight
  • "Authorized User" — individuals permitted by a Customer to access the Service
  • "Interview Participant" — individuals invited to participate in a win-loss interview through the Service

2. Description of the Service

Hindsight provides an AI-powered platform for win-loss analysis and competitive intelligence, including:

  • AI-guided win-loss interviews with buyers and evaluators
  • CRM integration and deal data analysis
  • AI-generated insights, reports, and competitive intelligence
  • Interview scheduling and incentive management
  • API access for integrations (where applicable)

We may update, modify, or discontinue features at any time with reasonable notice of material changes.

3. Accounts and Access

Customers must create an account with accurate, complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activity under your account
  • Notifying us immediately at [email protected] of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms.

4. AI-Guided Interviews

4.1 The AI Interviewer

Hindsight's AI interviewer ("Paige") is an artificial intelligence agent — not a human. Paige is clearly identified as AI to all participants before each interview begins.

4.2 Customer Responsibilities

Customers are responsible for:

  • Having a lawful basis to share participant contact information with Hindsight
  • Providing accurate participant information (name, title, company, email)
  • Configuring interview settings (anonymity preferences, incentive amounts, interview topics)
  • Complying with their own privacy policies and applicable laws regarding interview data
  • Ensuring their use of interview insights complies with applicable regulations

4.3 Participant Consent

All participants are presented with a pre-interview disclosure that explains:

  • The interviewer is AI
  • The conversation will be recorded and transcribed
  • How their data will be used and who will see it
  • Their right to end the interview at any time

Participants must affirmatively consent before the interview begins. Hindsight manages this consent flow on behalf of Customers, but Customers remain responsible for ensuring their overall data practices comply with applicable law.

4.4 Interview Data

Interview recordings, transcripts, and AI-generated insights are provided to the Customer who initiated the interview. Customers control how these are used within their organization. Hindsight is not responsible for how Customers use or share interview data after delivery.

5. Subscriptions and Payment

5.1 Plans and Pricing

Access to the Service requires a paid subscription. Pricing, features, and plan details are as described on our website or in your order form. We may change pricing with 30 days' notice before the start of a new billing period.

5.2 Billing

Subscriptions are billed monthly or annually in advance, depending on the plan selected. All fees are non-refundable except as required by law or as explicitly stated in your order form.

5.3 Taxes

Fees are exclusive of applicable taxes. You are responsible for all taxes associated with your use of the Service.

6. Customer Data

6.1 Ownership

Customers retain all rights to their data, including CRM data, interview configurations, and any content they upload to the Service ("Customer Data"). Interview recordings and transcripts are considered Customer Data.

6.2 License to Hindsight

You grant Hindsight a limited, non-exclusive license to use Customer Data solely to provide and improve the Service. This includes processing data through AI models to generate insights, reports, and analysis.

6.3 De-identified Data

We may use de-identified and aggregated data (from which no individual or company can be identified) for analytics, benchmarking, and improving our AI models. Customers may opt out of model training by contacting [email protected].

6.4 Data Portability

Upon request, we will provide an export of your Customer Data in a standard machine-readable format. After account termination, Customer Data is deleted within 90 days.

7. Intellectual Property

7.1 Hindsight IP

The Service, including its software, AI models, algorithms, user interface, documentation, and all related intellectual property, is owned by Hindsight and protected by applicable laws. These Terms do not grant you any rights to our IP except the limited right to use the Service during your subscription.

7.2 Feedback

If you provide suggestions, ideas, or feedback about the Service, we may use them without obligation to you.

8. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose
  • Attempt to gain unauthorized access to the Service, other accounts, or computer systems
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use the Service to collect personal data about others without their consent
  • Transmit malware, spam, or other harmful content
  • Resell, sublicense, or redistribute the Service without our written consent
  • Use the Service to develop a competing product
  • Misrepresent yourself or impersonate another person or entity
  • Interfere with or disrupt the Service or its infrastructure
  • Use the Service in a way that violates the rights of interview participants

9. Confidentiality

9.1 Definition

"Confidential Information" means any non-public information disclosed by either party, including business plans, customer lists, technical data, and pricing. Interview data shared through the Service is the Customer's Confidential Information.

9.2 Obligations

Each party agrees to protect the other's Confidential Information with the same care it uses for its own (but no less than reasonable care), and to use it only for purposes related to these Terms.

9.3 Exceptions

Confidential Information does not include information that is publicly known, independently developed, rightfully received from a third party, or required to be disclosed by law.

10. Warranties and Disclaimers

10.1 Our Warranty

We warrant that the Service will perform materially as described in our documentation during your subscription period. If it doesn't, your sole remedy is for us to correct the issue or, if we can't, refund prepaid fees for the affected period.

10.2 Disclaimer

EXCEPT AS STATED ABOVE, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.3 AI Output Disclaimer

AI-generated outputs (insights, reports, summaries, interview analysis) are produced by automated systems and may contain errors or inaccuracies. They are not a substitute for human judgment. We do not guarantee the accuracy, completeness, or reliability of AI-generated content.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HINDSIGHT'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

IN NO EVENT WILL HINDSIGHT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY.

These limitations apply to all causes of action, whether in contract, tort, or otherwise.

12. Indemnification

12.1 By Hindsight

We will defend and indemnify you against third-party claims that the Service infringes their intellectual property rights, provided you notify us promptly and give us control of the defense.

12.2 By Customer

You will defend and indemnify Hindsight against third-party claims arising from: (a) your use of the Service in violation of these Terms, (b) your Customer Data, or (c) your violation of applicable law, including claims by interview participants related to your use of their data.

13. Term and Termination

13.1 Term

These Terms are effective when you first access the Service and continue until your subscription expires or is terminated.

13.2 Termination for Cause

Either party may terminate if the other materially breaches these Terms and fails to cure the breach within 30 days of written notice.

13.3 Termination for Convenience

Customers may cancel their subscription in accordance with their plan terms. Fees for the current billing period are non-refundable.

13.4 Effect of Termination

Upon termination: (a) your access to the Service ends, (b) you must stop using the Service, (c) we will make your Customer Data available for export for 30 days, after which it will be deleted. Provisions that by their nature should survive termination (confidentiality, limitation of liability, indemnification) will survive.

14. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. Continued use after the effective date constitutes acceptance. If you disagree with changes, you may terminate your subscription before they take effect.

15. General Provisions

  • Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
  • Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, with proceedings conducted in the State of Delaware. Each party waives the right to a jury trial and to participate in a class action. Nothing in this clause prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction.
  • Entire Agreement: These Terms, together with any order form or statement of work, constitute the entire agreement between the parties.
  • Severability: If any provision is unenforceable, the remaining provisions remain in effect.
  • Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger or acquisition.
  • Waiver: Failure to enforce a provision does not waive our right to enforce it later.
  • Force Majeure: Neither party is liable for delays or failures caused by events beyond reasonable control.
  • Notices: Notices to Hindsight should be sent to [email protected]. Notices to you will be sent to the email on your account.

16. Contact Us

Baseplate Tech Inc. (DBA Hindsight) Email: [email protected] Website: usehindsight.com