Terms of Use

The Service is productivity software that provides a desktop application through which users may access email, documents, spreadsheets, a web browser, and related functions, and may invoke automated agents and machine-learning models, including models selected by the user or routed automatically (“Auto”).

Subject to these Terms, Incredible grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service solely for your internal purposes or, if you are an authorized user of an organization, for that organization’s internal business purposes. Incredible reserves all rights not expressly granted.

The Service is supported only on macOS and Windows. Linux is not supported. You are solely responsible for obtaining and maintaining, at your expense, the hardware, software, and network connectivity required to access and use the Service.

Downloading the application, visiting this website, or requesting an invite does not, by itself, create a paid subscription or entitle you to enterprise deployment. Collaborative workspace features, on-premises hosting, and custom development are provided only pursuant to an Order.

Incredible shall provide the Service in a professional and workmanlike manner and in accordance with laws and regulations applicable to Incredible in its capacity as a supplier of software, including laws applicable to artificial intelligence systems to the extent such laws apply to Incredible.

You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract in your jurisdiction. You must not have been previously suspended or removed from the Service. You shall use the Service in compliance with all applicable laws.

Certain features require an account. You agree to provide accurate, current, and complete information and to keep that information updated. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your credentials. You shall notify Incredible promptly at hello@workincredible.com if you become aware of any unauthorized use of your account.

If you designate administrators for a workspace, those administrators may manage users and access usage information for that workspace. You are responsible for promptly revoking access when a person is no longer authorized.

An organization may permit its affiliates to use the Service under that organization’s account. The organization remains liable for the acts and omissions of such affiliates and their users as if they were the organization’s own.

“Customer Data” means files, messages, documents, spreadsheets, and other content that you or your users store in or transmit through the Service, including prompts and other material submitted to agents or models (“Inputs”). “Outputs” means content generated by the Service in response to Inputs.

As between you and Incredible, Customer Data remains your exclusive property. You retain all right, title, and interest in and to Inputs. Incredible hereby assigns to you any right, title, and interest it may have in Outputs generated for you. You grant Incredible a limited license to process Customer Data solely as necessary to provide, maintain, and secure the Service and to comply with applicable law.

You represent and warrant that you have all rights, licenses, and consents necessary to provide Inputs to the Service. You are solely responsible for Inputs, for assessing Outputs, and for any use you make of Outputs, including any decision to rely on or incorporate Outputs into records, communications, or work product.

By default, Customer Data stored in the desktop application remains on the device on which the Service is installed. If you or your organization deploy the Service on premises or within your own network, Customer Data remains in that environment, subject to the applicable Order.

Incredible will not use Customer Data to train artificial intelligence models, and will not permit a subcontractor to do so, except where you have expressly agreed in a product setting or in an Order.

Incredible may collect technical logs and usage data concerning operation of the Service (“Incredible Data”), including features used, dates and times of access, and whether a suggestion was accepted or rejected. Incredible Data does not include a copy of Customer Data. Incredible may use Incredible Data to operate, secure, and improve the Service. If Incredible discloses Incredible Data to third parties other than processors acting on its behalf, such Incredible Data will be aggregated or de-identified so that it does not identify you.

Where Customer Data remains solely on your device and is not transmitted to Incredible, Incredible is not the data controller of that content. Where your organization has entered into an Order, Incredible processes Customer Data as a processor to the extent specified in the Order and any data processing agreement.

The Service may transmit Inputs to models selected by you or routed by Auto. Such models may be operated by Incredible or by third parties. Third-party terms may apply to that transmission and processing.

Outputs are generated by machine-learning systems and may be inaccurate, incomplete, biased, or similar to Outputs provided to other users. Outputs are not authoritative and do not constitute legal, tax, accounting, financial, medical, or other professional advice. Incredible does not have knowledge of the full context in which you may use Outputs.

You shall assess the accuracy, quality, and suitability of Inputs and Outputs for your intended use, including by conducting human review, before relying on them or incorporating them into any record or communication. Inaccurate Outputs do not constitute a defect in the Service solely by reason of such inaccuracy.

Features that may take action without a separate confirmation will be identified as such. If you enable any such feature, you assume the risk of resulting actions, including edits, transmissions, or other changes effected by the Service.

You shall not, and shall not permit any third party to:

• use the Service in any manner that violates applicable law or infringes, misappropriates, or otherwise violates any third party’s rights;
• sell, sublicense, rent, lease, or otherwise transfer access to the Service except as expressly permitted by these Terms;
• reverse engineer, decompile, or otherwise attempt to derive the source code of the Service, except to the extent such restriction is prohibited by applicable law;
• modify the Service or use the Service to develop a competing product or service;
• scrape, harvest, or extract data or Outputs from the Service by automated or programmatic means;
• use the Service or Outputs to train a competing model or service;
• interfere with, disrupt, or attempt to gain unauthorized access to the Service or related systems;
• access another person’s account or workspace without authorization;
• submit data that is subject to heightened regulatory requirements (including, without limitation, protected health information or payment card data) unless Incredible has agreed in writing to receive such data; or
• remove, obscure, or alter any proprietary notices on the Service.

You shall comply with written instructions that Incredible issues regarding permitted use of the Service. You are responsible for your users and, if you are an organization, for affiliates who use the Service under your account.

Certain features of the Service may be offered without charge. Other features may require payment. Applicable fees will be disclosed prior to purchase. Unless an Order or applicable law provides otherwise, fees are denominated in United States dollars and are non-refundable.

Paid subscriptions renew for successive periods of equal duration unless you cancel prior to the applicable renewal date. You authorize Incredible or its payment processor to charge the payment method on file. To avoid a renewal charge, you must cancel through the billing settings or by written notice to hello@workincredible.com before the renewal date.

Incredible may change prices upon notice. Continued use of a paid feature after the effective date of a price change constitutes acceptance of the new price. You are responsible for all applicable taxes, excluding taxes based on Incredible’s net income.

Services provided under an Order are billed in accordance with that Order. You may not withhold, reduce, or set off amounts due. If fees remain unpaid after written notice and a reasonable opportunity to cure, Incredible may suspend access to the Service.

Incredible and its licensors retain all right, title, and interest in and to the Service, including the software, documentation, trademarks, user interface, and underlying systems, and all improvements and derivatives thereof. These Terms do not assign any such rights to you. No licenses are granted by implication or estoppel.

If you submit comments, ideas, or suggestions concerning the Service (“Feedback”), you hereby grant Incredible a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such Feedback without restriction or compensation.

Incredible may identify your organization as a customer of the Service unless you have objected in writing.

Each party shall hold in confidence the other party’s non-public information for a period of five (5) years following disclosure, or for so long as trade secrets remain secret under applicable law. Confidential information includes non-public commercial terms and non-public product or customer information.

The foregoing obligation does not apply to information that (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party without a duty of confidentiality; (c) is independently developed without use of the disclosing party’s confidential information; or (d) is required to be disclosed by law, regulation, or legal process, provided that the receiving party gives prompt notice where legally permitted. Each party may disclose confidential information to its advisers, affiliates, and contractors who have a need to know and who are bound by confidentiality obligations no less protective than those in this Section.

These Terms, as published, are not confidential solely by reason of being terms of use.

Incredible’s processing of personal information is described in the Privacy Policy, which is incorporated into these Terms.

With respect to personal information collected in connection with your individual account and this website, Incredible acts as an independent controller (or equivalent under applicable law). If Incredible processes Customer Data on behalf of your organization as a processor, that processing is governed by the Order and, where required, a data processing agreement. Those documents control in the event of a conflict with the Privacy Policy as to such processing.

The Service may interoperate with third-party models, payment processors, and other services that you select or that Incredible uses to operate the Service. Such third-party services are governed by their own terms and privacy policies. You are responsible for compliance with those terms when you use such services. Incredible does not warrant and is not responsible for third-party services.

Incredible may offer trials, pilots, beta features, or other pre-release access. Such features are provided solely for evaluation, are provided “as is”, may be incomplete or unstable, and may be modified or discontinued at any time without liability. Service levels and support commitments do not apply unless an Order expressly provides otherwise. Use of pre-release features is at your sole risk.

Incredible may modify, suspend, or discontinue all or any part of the Service. Incredible will use commercially reasonable efforts to provide notice where practicable, but may act without notice to address abuse, security issues, or legal requirements. Incredible shall have no liability arising from such modification, suspension, or discontinuation.

Incredible may suspend access if it reasonably believes that your use presents a security risk, a risk of system failure, or harm to Incredible, other users, or third parties. Incredible will provide notice of suspension where reasonably practicable.

Incredible does not warrant that the Service will be uninterrupted, error-free, or available at all times. You are responsible for maintaining independent copies of Customer Data that you require.

These Terms remain in effect until terminated. You may stop using the Service at any time. Incredible may suspend or terminate your access if you materially breach these Terms, if fees remain unpaid, if required by law, or if Incredible discontinues the Service.

If Incredible terminates a paid subscription for a reason other than your breach, Incredible will refund the unused prepaid portion of fees on a pro rata basis. If Incredible terminates for your breach, no refund will be due.

Upon termination, you shall cease all use of the Service. Incredible may delete account data in its possession, subject to applicable law and any Order. Customer Data stored solely on your device remains under your control to retain or delete.

Sections that by their nature should survive termination, including Sections 3, 5, 7, 8, 14, 15, 16, 17, and 18, shall survive.

You shall defend, indemnify, and hold harmless Incredible and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your misuse of the Service; (b) your breach of these Terms; or (c) Inputs that infringe, misappropriate, or otherwise violate any third party’s rights.

If a third party claims that the Service, as provided by Incredible and used in accordance with these Terms, infringes that third party’s intellectual property rights, Incredible shall defend that claim and may, at its option: (i) obtain the right for you to continue using the affected portion of the Service; (ii) replace or modify the affected portion so that it is non-infringing; or (iii) terminate the affected subscription and refund prepaid fees for the unused remainder of the then-current term. The foregoing is your sole and exclusive remedy against Incredible for such claims and does not apply to third-party models or other third-party software.

The indemnified party shall provide prompt written notice of the claim, grant the indemnifying party sole control of the defense and settlement (provided that no settlement may impose any obligation on the indemnified party without its prior written consent), and provide reasonable cooperation at the indemnifying party’s expense.

THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCREDIBLE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

Incredible does not warrant that the Service or Outputs will be uninterrupted, secure, accurate, or free of errors. You use Outputs at your own risk and shall not treat Outputs as authoritative or as professional advice.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the foregoing disclaimers apply only to the extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Incredible’s aggregate liability arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amounts you paid to Incredible for the Service during the twelve (12) months immediately preceding the claim, or (b) one hundred United States dollars (US $100) if you have paid no fees. If an Order specifies a different limitation of liability for services provided under that Order, that limitation shall control as to those services.

The limitations in this Section do not apply to liability that cannot be limited under applicable law, including liability for willful misconduct or gross negligence where such exception is mandatory.

Incredible shall not be liable for any failure or delay caused by your hardware, software, or network; your misuse of the Service; incomplete, inaccurate, or unlawful Inputs; third-party models or systems that Incredible cannot reasonably control; or events beyond Incredible’s reasonable control.

Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the cause of action accrues, or within the shortest period permitted by applicable law if a one-year limitation is unenforceable.

Before initiating formal proceedings, you shall provide written notice of the dispute to hello@workincredible.com. The parties shall attempt in good faith to resolve the dispute. If the dispute is not resolved within forty-five (45) days after such notice, either party may pursue available remedies in a court of competent jurisdiction.

These Terms are governed by the laws of the jurisdiction in which Incredible is organized, without regard to conflict-of-law principles, except to the extent that mandatory local law requires otherwise.

To the extent permitted by applicable law, claims may be brought only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding.

These Terms, the Privacy Policy, and any applicable Order constitute the entire agreement between the parties with respect to the Service and supersede all prior or contemporaneous understandings relating to the same subject matter. You may not assign these Terms without Incredible’s prior written consent. Incredible may assign these Terms without restriction.

Incredible may engage subcontractors. Incredible remains responsible for their performance under these Terms.

Incredible may amend these Terms by posting a revised version on this page and updating the date above. If an amendment is material, Incredible will provide additional notice as reasonably practicable. Your continued use of the Service after the effective date of an amendment constitutes acceptance. If you do not agree, you must discontinue use. If you are subject to an Order and an amendment is materially adverse to you, you may terminate the affected services by written notice before the amendment takes effect.

If any provision of these Terms is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remaining provisions shall continue in full force and effect. A failure to enforce any provision is not a waiver of that provision or of any other provision.

You shall comply with all applicable export control, sanctions, and trade laws. You may not use the Service in, or for the benefit of, any prohibited country, person, or end use.

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

Questions regarding these Terms may be directed to Incredible at hello@workincredible.com.