Wild Ducks Terms of Service
Last Updated: October 28, 2025
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These Terms of Service (the “Terms”) are a binding agreement between Wild Ducks Inc. (“Wild Ducks,” “we,” “us,” or “our”) and the person or entity (“Customer,” “you,” or “your”) that accesses or uses our websites, products, or services. By accessing or using the Services (defined below), you agree to these Terms.
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If you have a separate signed agreement with Wild Ducks (e.g., a Master Services Agreement or Order Form), that agreement governs to the extent of any conflict with these Terms.
1) The Services & Account Registration
Services. Wild Ducks provides a software platform for forecasting, sourcing, and optimization delivered as multi‑tenant SaaS or, if specified in an Order Form, as a dedicated managed instance. We do not offer customer‑hosted/on‑prem components.
Eligibility. You must be at least 18 and able to form a binding contract. You represent that you are authorized to accept these Terms on behalf of yourself or your organization.
Accounts. You are responsible for (a) accurate registration information, (b) maintaining the confidentiality of credentials, and (c) all activities under your account. Notify us immediately of suspected unauthorized use.
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2) Subscriptions, Orders, and Fees
Access to paid Services requires a subscription set forth in an Order Form or through self‑serve checkout. Fees, term, and renewal are stated in the applicable Order Form or checkout page. Unless otherwise stated, subscriptions auto‑renew for successive terms and can be cancelled effective at the end of the then‑current term. All fees are in U.S. dollars, exclusive of taxes.
We may change pricing or plan features on renewal or for month‑to‑month plans with reasonable notice.
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3) Trials and Betas
We may offer free trials or beta features. Trials and betas are provided as‑is, may be modified or terminated at any time, and are excluded from uptime or support commitments.
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4) Customer Data, Privacy, and Security
Ownership. As between the parties, you retain all rights, title, and interest in Customer Data (data you or your users submit to the Services).
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License to Operate & Improve. You grant Wild Ducks a non‑exclusive license to host, process, transmit, and display Customer Data to provide the Services and to improve the Services and our models, including through the creation and use of aggregated and/or de‑identified data that does not identify you or your users. We will not sell Customer Data.
Privacy. Our processing of personal data is described in the Wild Ducks Privacy Policy posted on our website and incorporated by reference.
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Security. We maintain administrative, technical, and physical safeguards aligned with SOC 2 Type II practices, including encryption in transit and at rest, access controls, and audit logging. You are responsible for securing your endpoints, networks, and user access within your control.
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5) Acceptable Use
You will not (and will not permit others to): (a) reverse engineer or create derivative works of the Services; (b) interfere with or disrupt the Services; (c) upload malicious code; (d) use the Services to violate laws or third‑party rights; (e) exceed usage limits or quotas; (f) attempt to bypass security or access controls; (g) misrepresent identity or authorization; (h) use the Services to process Sensitive Data (e.g., PHI, cardholder data) unless expressly permitted in writing.
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6) Third‑Party Services; Subprocessors
The Services may interoperate with third‑party products (e.g., Google Cloud Platform, GitHub). Your use of third‑party products is governed by their terms. We use vetted subprocessors to operate the Services; a current list is available on our website. We remain responsible for our subprocessors’ performance.
7) Intellectual Property; Feedback
We and our licensors own all right, title, and interest in and to the Services and related IP. No rights are granted except as expressly stated. If you provide suggestions or feedback, you grant Wild Ducks a royalty‑free, perpetual license to use it.
8) Confidentiality
Each party may access the other’s non‑public information that is identified as confidential or should reasonably be considered confidential (“Confidential Information”). A receiving party will use the same care it uses for its own similar information (not less than reasonable care) and only for the purposes of these Terms. Exclusions apply for information that is public, independently developed, or rightfully obtained without restriction. Required disclosures by law are permitted with notice where lawful.
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9) Service Changes; Availability; Support
We may modify features, update components, or discontinue features with reasonable notice where practicable. We aim to provide reliable, performant Services; however, temporary unavailability may occur for maintenance or factors beyond our control. Any uptime or response commitments are described in a separate Service Level Policy if provided.
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10) Warranties and Disclaimers
We warrant that we will provide the Services with commercially reasonable care and skill. Except as expressly stated, the Services are provided “as is” and “as available,” without warranties of merchantability, fitness for a particular purpose, or non‑infringement.
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11) Indemnification
By Wild Ducks. We will defend and indemnify you against third‑party claims alleging that the Services, as provided by us and used in accordance with these Terms, infringe any U.S. IP right, and will pay resulting damages and reasonable costs awarded by a court or agreed in settlement. We may procure rights, modify the Services, or terminate affected access with a refund of prepaid, unused fees.
By Customer. You will defend and indemnify Wild Ducks against third‑party claims arising from (a) your content or Customer Data; (b) your breach of these Terms; or (c) your unlawful use of the Services.
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12) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA. Each party’s aggregate liability arising out of or related to these Terms will not exceed the amounts paid or payable by you to Wild Ducks for the Services in the 12 months prior to the event giving rise to liability.
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13) Term; Termination; Data Export
These Terms apply for as long as you access the Services. Either party may terminate for material breach not cured within 30 days of notice. We may suspend or terminate immediately for security risk, illegal activity, or non‑payment.
Upon termination (a) your right to access the Services ends, and (b) upon request within 30 days, we will make Customer Data export available in a commonly used format before deletion from active systems, subject to our backup and retention schedules.
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14) Compliance; Export; Sanctions
You will comply with applicable laws, including export control and sanctions. You represent that you are not located in, organized in, or ordinarily resident in any embargoed country and are not a denied party.
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15) Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of Texas, without regard to conflicts principles. Dispute Resolution. The parties will attempt good‑faith negotiations. If unresolved within 30 days, disputes will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Rules in Austin, Texas. Either party may seek injunctive relief in court for actual or threatened misuse of IP or Confidential Information. Class actions and jury trials are waived to the extent permitted by law.
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16) Changes to these Terms
We may update these Terms from time to time. Material changes will be indicated by updating the “Last Updated” date above. Your continued use after changes become effective constitutes acceptance.
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17) Miscellaneous
These Terms, together with any referenced policies (e.g., Privacy Policy) and applicable Order Forms, constitute the entire agreement regarding the subject matter. If any provision is unenforceable, the remainder remains in effect. Neither party may assign these Terms without consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets. Neither party is liable for delays or failures due to events beyond reasonable control (force majeure). No agency, partnership, or joint venture is created.
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18) Contact
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Wild Ducks Inc.
3112 Windsor Road #141
Austin, TX 78703, USA
General Legal & Contract Notices: lwells@wildducks.io
Privacy: kheath@wildducks.io
If you do not agree to these Terms, do not access or use the Services.