1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the Undercurrent Data website (undercurrentdata.com) and the Undercurrent platform and related services ("Services") operated by Undercurrent Intelligence, Inc., d/b/a Undercurrent Data ("Undercurrent," "we," "our," or "us"). By accessing our website or using our Services, you agree to be bound by these Terms. If you are accessing the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" include both you individually and your organization.
If you do not agree to these Terms, you may not use our Services. These Terms are subject to change at any time; we will notify users of material changes by posting updated Terms with a new effective date.
2. Description of Services
Undercurrent provides a narrative intelligence platform that shows which news stories and issues are drawing attention across state, congressional district, county, and city geographies, and how that attention changes over time. The Services include, but are not limited to, the Undercurrent web application and its tools for monitoring, exploring, and comparing narratives by geography, saving uploaded audiences and analyzing what they are reading about, where they are concentrated, and how best to reach them, drafting and saving messaging, and related reports and exports, as described in the platform documentation and applicable service agreements.
The Services are intended exclusively for use by business and professional customers, including political campaigns and committees, political agencies and consultants, public affairs and government relations professionals, public officials and their offices, and polling and research organizations. The Services are not directed at or appropriate for individual consumer use.
3. Account Registration and Access
Access to the Undercurrent platform requires a valid account established through our onboarding process. You agree to:
- Provide accurate, complete, and current information during registration and maintain that information going forward
- Maintain the security and confidentiality of your account credentials
- Notify us promptly of any unauthorized access to your account or any other security breach
- Accept responsibility for all activity that occurs under your account
- Not share account credentials with individuals outside your authorized organization
We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used in a manner inconsistent with the intended purpose of the Services.
4. Permitted Use
Subject to these Terms and any applicable service agreement, Undercurrent grants you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes. You may use the intelligence outputs, reports, and data delivered through the Services to inform your political strategy, communications planning, research, and related professional activities.
You may not:
- Resell, sublicense, or redistribute access to the platform or its outputs to third parties without our prior written consent
- Use the Services to build or improve a competing product or service
- Reverse engineer, decompile, or attempt to extract the underlying data models, algorithms, or methodologies of the platform
- Access the Services by any means other than through our authorized interfaces
- Use automated scripts, bots, or scrapers to extract data from the platform at scale
- Use the Services in violation of any applicable law, including election law, data protection law, or anti-spam regulations
- Use the Services to harass, target, or discriminate against individuals on the basis of protected characteristics
- Attempt to identify any individual person from the aggregated outputs of the Services
5. Customer Data and Usage Data
When you provide information or content to the platform (such as the places, issues, and topics you follow, messaging you draft and save, or audience lists you upload, such as voter files, member lists, or donor lists) ("Customer Data"), you represent and warrant that:
- You have the legal right to provide it and to have it processed for the purposes described
- It was collected, and is provided to us, in compliance with all applicable laws, including data protection and privacy regulations
- It does not violate any contractual obligations or third-party rights
You retain ownership of your Customer Data. By providing it, you grant Undercurrent a non-exclusive, worldwide, royalty-free license to use, process, and store Customer Data to provide the Services to you and to maintain, improve, and develop the Services and Undercurrent's other products and services, except that audience lists you upload are processed solely to provide your audience analyses and are not used for any other purpose. Improvements that result from this use belong to Undercurrent.
Undercurrent may also collect information about how the Services are accessed and used, such as features used, searches, settings, and performance and diagnostic data ("Usage Data"), and may use Usage Data, including in aggregated or de-identified form, for the same purposes.
Undercurrent will not disclose your Customer Data to other customers, and will not share it with third parties except the service providers described in our Privacy Policy, as required by law, or with your permission. When we use Customer Data or Usage Data to improve our products, we will not make it available to anyone in a form that identifies you or your organization. We will otherwise handle Customer Data in accordance with our Privacy Policy and any applicable service agreement.
6. Intellectual Property
As between you and Undercurrent, Undercurrent retains all intellectual property rights in the platform, including its data, algorithms, topic classification systems, analytical models, visualization interfaces, and all platform software. Nothing in these Terms transfers any intellectual property rights to you beyond the limited access license described in Section 4.
Intelligence outputs, reports, and data exports delivered to you through the platform are licensed to you for use in accordance with these Terms and your applicable service agreement. You may use such outputs for your internal strategy and professional purposes. You may not publish, redistribute, or sell platform outputs as a standalone data product.
Feedback, suggestions, or ideas you provide about the platform may be used by Undercurrent without obligation to you.
7. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDERCURRENT DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Undercurrent does not warrant that: (a) the Services will be uninterrupted, error-free, or available at any particular time; (b) any intelligence output, data, or analysis will be accurate, complete, or fit for any particular purpose; or (c) the Services will meet your specific business requirements.
The intelligence outputs produced by the platform are based on automated statistical analysis of aggregated data and are provided for informational and strategic purposes only. They should be considered alongside, not in replacement of, other sources of information, research, and professional judgment. Draft messaging produced by the platform is a starting point for your own work; you are responsible for reviewing it and for any communications you choose to send.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDERCURRENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF UNDERCURRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDERCURRENT'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO UNDERCURRENT IN THE THREE MONTHS PRECEDING THE CLAIM.
9. Indemnification
You agree to indemnify, defend, and hold harmless Undercurrent and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services in violation of these Terms; (b) your violation of any applicable law or third-party right; or (c) any information or content you provide to the platform.
10. Termination
Either party may terminate access to the Services in accordance with the applicable service agreement. Undercurrent reserves the right to suspend or terminate your account immediately and without notice if we determine that you have materially violated these Terms. Upon termination, your license to access the Services ceases immediately, and we may delete your account data in accordance with our data retention policies.
Sections 6 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), and 11 (Governing Law) survive termination of these Terms.
11. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising from or related to these Terms or the Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.
12. General
These Terms, together with any applicable service agreement and the Privacy Policy, constitute the entire agreement between you and Undercurrent regarding the Services and supersede all prior agreements and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these Terms is not a waiver of our right to do so in the future.
We may assign these Terms and our rights and obligations hereunder without your consent in connection with a merger, acquisition, or sale of assets. You may not assign your rights under these Terms without our prior written consent.
13. Contact
Questions about these Terms of Service may be directed to:
Undercurrent Intelligence, Inc.
d/b/a Undercurrent Data
1301 N Broadway STE 63343
Los Angeles, CA 90012
(213) 320-4624
legal@undercurrentdata.com
hello@undercurrentdata.com