Update Notice: This document has been revised and completely replaces any previous version. Please refer to the “Updated” and “Effective” dates above. Your continued use of the Site or Services after the Effective Date constitutes your acceptance of the revised terms.
These Standard Service Terms apply to the use of Expertly’s AI Toolbar (the “Toolbar” or “services”). By your use of the Toolbar you agree to the terms and they are automatically incorporated into any subscription that you have with Expertly Software, LLC (“Expertly,” “we” or “us”).
Services
The Toolbar is designed in order to facilitate users in applying AI to business and personal matters, primarily to heighten quality and to automate tasks that involve some intelligence. Your free or paid subscription allows you to use the Toolbar. You may customize your Toolbar, or, as discussed below, hire Expertly or its affiliates to do so on your behalf.
Subscription Plans
Expertly offers multiple subscription plans, including:
Basic Plans:
Expertly’s basic plans may start with a free trial and then move to a monthly subscription. This allows you to explore the core features of our services. This plan offers access to our standard tools and functionality, with self-service customization options. You may also be able to buy customization services, as discussed below. The subscription price will adjust based on your usage, so you only pay for what you need as your needs grow.
Business and Enterprise Plans:
Pricing will be based on your usage and feature requirements and you will select what you want from time to time through our dashboard.
Customization Services
If you are seeking more advanced customization, we also offer sales-driven engagements. These plans include personalized setup and custom features tailored to your unique requirements—things you can't easily do on your own. Any custom developments made specifically for you as part of these engagements will remain the intellectual property of Expertly, but your data will remain yours and you will be granted a non-exclusive, perpetual license to use such custom developments for your internal business purposes.
AI-generated content provided by the Services may be incomplete, inaccurate, or subject to error. You are solely responsible for verifying the accuracy, reliability, and legality of any output before using it in any critical or business-sensitive context.
Subscription Fees and Payment
Expertly’s subscription plans start either right away or after a free trial period, and will be at the rate set forth in your subscription or agreement. The price will vary based on your usage of the services, with fees increasing as your usage grows. The exact price for each subscription tier will be displayed at the time of registration or renewal.
Payments for in-app purchases and subscriptions processed through third-party platforms, including the Apple App Store and Google Play Store, are subject to the payment terms of those platforms. Expertly is not responsible for disputes related to payment processing conducted through these services.
Free Trial:
You may be eligible for a free trial period, which provides access to the services at no charge for a specified duration. If you have previously provided a method of payment, you will automatically be charged the applicable fees once the free trial ends.
Usage Based Pricing
Your subscription may be subject to additional charges based on your level of usage. As your usage of the services increases, your subscription fees will be adjusted accordingly. Pricing changes due to increased usage will be communicated to you in advance.
Self-Service Customization
If you are on the lower-tier subscription plan, any customization of the services is handled self-service via the available tools and features provided. You can personalize and configure the services based on your needs, without the need for assistance from our support team.
License Limitations
The license to use the Toolbar granted is subject to the following restrictions: (a) usage is limited to the number of users specified in your subscription plan, (b) the software may only be used within the geographic region specified in your account, and (c) usage is limited to the features and functionality included in your chosen subscription plan.
You agree not to modify, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the software that is part of the Toolbar, except where this right is required by law. Any such unauthorized use shall be considered a material breach of this Agreement and may result in the immediate termination of the customer's access to the services.
Additionally, you agree not to (a) use the Services for competitive analysis, building a competitive product, or any unlawful purpose; (b) rent, lease, sublicense, or distribute the Services to any third party without our written consent; (c) circumvent any Service restrictions, security measures, or access limits imposed by us.
The Software may request certain permissions to provide its intended functionality, including but not limited to accessing browser data, clipboard contents, and online resources. By installing and using the Software, you acknowledge that such permissions are necessary for its operation and agree to grant them as specified during installation.
Payment Methods
Expertly accepts payment via ACH, credit card and other online payment methods such as PayPal. By providing payment information, you authorize Expertly to charge your chosen payment method on a recurring basis for the duration of your subscription.
Billing Cycle
Subscription fees are billed on a monthly basis, typically under an annual contract unless otherwise specified. Your subscription will automatically renew at the end of the contracted term, unless you cancel the subscription before the renewal date. Monthly contracts may be available at a different rate, as outlined in your agreement.
Unless you cancel your subscription before the renewal date, your subscription will automatically renew at the end of the billing cycle for the same term at the current rate. Renewal terms and rates will be provided before the subscription renewal date if they have changed.
Late Payments
If your payment is not received or cannot be processed for any reason, Expertly may suspend or terminate your access to the services until payment is successfully processed. Suspension does not waive your obligation to pay any outstanding or future subscription fees due under your contracted term. If your account remains unpaid, Expertly reserves the right to pursue collection for the full amount owed under the terms of your contract.
Rate Changes
Expertly reserves the right to modify or adjust the subscription fees at any time. In the event of a rate change, we will provide you with at least (30) days' notice prior to the change taking effect. The notice will be sent via email or through an in-app notification, and will include details about the new pricing structure. If you do not agree to the new pricing, you may cancel the subscription before the rate change takes effect. If you continue to use the services after the new rates have been implemented, you are deemed to have accepted the new pricing.
Term and Termination
Your subscription will begin on the date you sign up for the services or start the free trial, whichever occurs first, and will continue for the contracted term as specified in your agreement.
You may cancel the subscription at any time through your account settings, if applicable, or by contacting customer support. Unless otherwise stated, you will continue to have access to the services until the end of the contracted term or any applicable notice period, after which the subscription will be terminated. Expertly may immediately suspend or terminate your access to the services if you violate these terms, fail to pay subscription fees, or engage in any activity that disrupts or harms the services or other users.. Expertly also reserves the right to terminate your access to the services on sixty (60) days' notice for any or no reason. Expertly may limit your usage the service as it deems necessary.
Notwithstanding termination of this Agreement, all intellectual property obligations shall survive and remain in full force and effect.
Upon termination of this Agreement, each party shall cease using the other party's confidential information and intellectual property, except as necessary to fulfill post-termination obligations. You will pay any outstanding balance through the end of the contracted term, unless otherwise specified in your agreement.
Upon termination of your subscription, you may request to retrieve certain customer-generated content or account data through the available interfaces, unless prohibited by law or contractual restrictions. Data made available for retrieval is limited to content you provided or created directly within the Services. After a 30-day period, such data may be deleted, unless retention is required by law or otherwise agreed in writing.
Account Management and Security
To use our services, you may need to create an account by providing accurate and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not responsible for any losses or damages resulting from your failure to protect your account information. You may not use Expertly's trademarks, logos, or other branding elements without prior written consent from Expertly. Any authorized use must comply with Expertly's branding guidelines, which will be provided upon approval.
You agree to provide and maintain accurate, current, and complete Account Information when registering for the Services. You are responsible for all activities that occur under your account and agree to notify us immediately of any unauthorized use or security breach. We are not liable for any loss or damage from your failure to secure your account credentials.
You may not sub-license, assign, or transfer the software license or any rights under this Agreement to any third party without the prior written consent of Expertly. Any attempted sub-license, assignment, or transfer in violation of this provision shall be null and void. Expertly may allow for the transfer of the license in cases of mergers, acquisitions, or other corporate restructuring events, subject to written approval not to be unreasonably refused, and any applicable transfer fees. Third-party use of the Toobar is prohibited unless explicitly authorized in writing by Expertly. Any authorized third-party use must comply with all terms and conditions of this Agreement.
Expertly is committed to complying with all relevant data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). We implement appropriate technical and organizational measures to ensure the security and confidentiality of your personal data. These measures include encryption of data in transit and at rest, regular security audits, and employee training on data protection. You agree to use our services in compliance with these laws and to cooperate with Expertly in fulfilling any data subject rights requests or regulatory inquiries.
Refund Policy
All subscription fees are non-refundable, except where required by law or in the case of billing errors. If you believe you have been incorrectly charged, please contact our customer support team at support@expertly.com. In the event you cancel your subscription, you will not be entitled to a refund for any unused time in the current billing cycle. Your access to the services will continue until the end of the current period.
Intellectual Property
Certain components of the Toolbar, Deskbar, or other downloadable software provided as part of the Services may include open-source software. A list of such components and the applicable licenses is available at https://expertly.com/more/opensource.pdf. By installing or using these components, you agree to comply with the terms of the applicable open-source licenses.
All content, software, and intellectual property related to the services are owned by Expertly or our licensors and are protected by copyright and other intellectual property laws. You agree not to copy, reproduce, or redistribute any content or materials without prior written consent
Expertly grants you a limited, non-exclusive, non-transferable license to access and use the services for your personal or business use during the term of your subscription.
Expertly agrees to indemnify, defend, and hold harmless the customer against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from any third-party claim alleging that the software infringes upon any intellectual property rights. This indemnification obligation is contingent upon the customer being in compliance with all material obligations under this agreement (including payment terms), promptly notifying Expertly of such claim, granting Expertly sole control over the defense and settlement of the claim, and providing reasonable assistance to Expertly in the defense of the claim.
No Warranty and Limitation of Liability
The Service is provided "as is" and we make no warranties, express or implied, regarding the quality, accuracy, or reliability of the services. We disclaim any responsibility for errors, interruptions, or issues that may arise from the use of the services.
To the fullest extent permitted by applicable law, our total liability for any claims, damages, losses, or expenses arising out of or relating to these Terms, your use of the services, or any other matter under this Agreement, shall be limited to the amount you have paid for the Service in the 12 months immediately preceding the event giving rise to the claim.
The services may be distributed through third-party platforms such as the Apple App Store, Chrome Web Store, and Google Play Store. Expertly disclaims any responsibility for platform-specific issues, including but not limited to app distribution, availability, payment processing, or account management, which are governed by the respective platform's terms of service.
Data Processing Terms
We implement physical, technical, and administrative security measures designed to protect the Services and Customer Data from unauthorized access, destruction, alteration, or disclosure. For more information, our Data Processing Addendum (DPA) may be available upon request to enterprise customers or as otherwise required by applicable law. The DPA shall apply to the extent that Expertly processes any Personal Information (as defined in the DPA) contained in your Customer Content subject to Data Protection Legislation (as defined in the DPA). To the extent that Expertly processes any personal data subject to the General Data Protection Regulation (GDPR), you are the Data Controller, and Expertly is the Data Processor.
a. Definitions.
The following definitions will apply for purposes of this Section 18
"Data Controller" refers to the entity which determines the purposes and means of the processing of personal data.
"Data Processor" refers to the entity which processes personal data on behalf of the Data Controller.
"Personal Data" means any information relating to an identified or identifiable natural person ('Data Subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
b. Scope and Purpose of Processing.
The Data Processor agrees to process Personal Data solely for the purpose of providing the online software subscription services as per the terms of the agreement between the Data Controller and the Data Processor. The processing of Personal Data shall only occur under the strict instructions of the Data Controller, unless required by law.
c. Data Protection.
The Data Processor shall implement appropriate technical and organizational measures in such a manner that processing will meet the requirements of the applicable data protection laws and ensure the protection of the rights of the Data Subject.
Expertly may collect, process, and share personal data as required for the functionality of the Software and to comply with applicable platform policies. This includes sharing data with third-party services such as Google, Apple, or other service providers as required by their respective app store terms. For more information, see our Privacy Policy at https://expertly.com/more/Privacy/.
d. Sub-processors,
The Data Processor may engage Sub-processors to fulfill its contractual obligations under this agreement or to provide certain services on its behalf, such as hosting, storage, analytics, or support. A current list of authorized Sub-processors is available at https://expertly.com/legal/subprocessors. The Data Processor will update this list in advance of any material changes. Continued use of the Services after an update to the Sub-processor list will be deemed acceptance of the new Sub-processors.
The Data Processor agrees to impose data protection terms on any Sub-processor it appoints that require it to protect Personal Data to a standard consistent with applicable data protection laws. The Data Processor shall remain fully liable to the Data Controller for the performance of its Sub-processors’ obligations.
e. Data Subject Rights.
The Data Processor shall assist the Data Controller by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the Data Controller’s obligation to respond to requests for exercising the Data Subject's rights laid down in the applicable data protection laws.
f. Data Breach Notification.
In the event of a personal data breach, the Data Processor shall notify the Data Controller without undue delay and, where feasible, within 72 hours of becoming aware of the breach. The notice shall include sufficient information to enable the Data Controller to m
g. Term and Termination.
These Data Processing Terms will remain in effect for as long as the Data Processor is processing Personal Data on behalf of the Data Controller under the terms of the agreement for the online software subscription services. Upon termination of the agreement, the Data Processor shall, at the choice of the Data Controller, delete or return all Personal Data to the Data Controller, and delete existing copies unless EU law or the national law of an EU member state requires storage of the Personal Data.
h. Audit Rights.
The Data Controller shall have the right to conduct audits, including inspections, of the Data Processor’s premises and operations to ensure compliance with this Data Processing Terms. Any such audits shall be conducted during regular business hours and with reasonable notice. The Data Processor reserves the right to charge the Data Controller for reasonable costs associated with any requested audits, including administrative and logistical expenses. The Data Controller agrees to pay these costs in advance, based on an estimated cost provided by the Data Processor. The audit will proceed only after receipt of the agreed-upon payment.
The Data Processor shall make available to the Data Controller information necessary to demonstrate compliance with the obligations laid down in these terms. This obligation may be fulfilled through third-party certifications, compliance reports, or relevant documentation. Direct audits by the Data Controller shall only be conducted if such documentation is insufficient to address compliance concerns and must be conducted with reasonable notice and at mutually agreed times.
i. International Data Transfers.
The Data Processor stores and processes Personal Data primarily in the United States. Where Personal Data is transferred from the European Economic Area (EEA) to the United States or any other country outside the EEA that does not have an adequacy decision by the European Commission, such transfers shall be governed by the Standard Contractual Clauses (SCCs) approved by the European Commission, as applicable, and we and you agree to be bound by them. The Data Processor agrees to implement appropriate safeguards, including additional technical and organizational measures, to ensure an adequate level of protection for Personal Data in compliance with applicable data protection laws.
The Data Processor shall conduct a Transfer Impact Assessment (TIA) to identify and mitigate any risks associated with the transfer of Personal Data outside the EEA. In cases where additional safeguards are deemed necessary to address identified risks, the Data Processor will work with the Data Controller to implement these measures, such as data encryption, pseudonymization, or restricting access to authorized personnel only.
Privacy Policy
By subscribing to the services, you consent to the collection and use of your personal data as outlined in our Privacy Policy Which can be found at https://expertly.com/privacy/. We are committed to protecting your privacy and handling your personal information in accordance with applicable laws.
Client Identity
Unless we are otherwise notified by you in writing, we have the right to list you as a customer and use your logo on our website and in our marketing materials.
Governing Law
These Terms are governed by and construed in accordance with the laws of Florida, without regard to its conflict of law principles.
Exclusive Jurisdiction
Any legal action or proceeding arising under these Terms or relating to the services provided by Expertly shall be brought exclusively in the federal or state courts located in Miami-Dade County, Florida, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. This consent to jurisdiction does not constitute a general consent to service of process in the State of Florida and applies solely to legal actions initiated under the context of these Terms and the services provided herein.
Class Action Waiver
THE PARTIES HEREBY WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (1) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS' FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (2) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR RECOVERY FOR INDIVIDUAL RELIEF IN ANY AMOUNT GREATER THAN THOSE THAT CAN BE RECOVERED UNDER THE APPLICABLE INDIVIDUAL ACTION OR SMALL CLAIMS COURT LIMITS.
Changes to Terms
Expertly reserves the right to update these Terms at any time. Any changes will be posted on this page with an updated "Last Updated" date. It is your responsibility to review these Terms periodically for any changes.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Compliance with Platform Guidelines
Expertly agrees to comply with the applicable developer policies of third-party platforms, including but not limited to the Chrome Web Store Developer Program, Apple App Store Guidelines, Google Play Developer Policy, and Safari App Extension Requirements. Any provision of these Terms found to be in conflict with such platform policies shall be superseded by the relevant platform's terms to the extent required for compliance.
Entire Agreement
These Terms, together with any subscription for the services and any agreement for Toobar customization, constitute the entire agreement between you and Expertly regarding the use of the services and supersede any prior agreements or understandings.
