Last updated March 15th, 2026
This Terms of Service (the “Agreement”) describes the terms and conditions that apply to your use of certain products, services and offerings made available by Audacity Advisory Corp. (“Audacity”, “we”, “us” or “our”), including (i) Audacity’s website (the “Website”), (ii) Audacity’s platform, content, and other resources available on or enabled via our website, APIs or other internal or external interfaces (collectively, the “Platform”), (iii) other related IT consulting, support, training and professional services relating to your use of our Platform or related technology, and (iv) access to certain executive education opportunities, including seminar courses or other programs, whether made available through the Platform, or other live or remote means of communication or videoconference (collectively, the “Executive Education”) (collectively, (i) to (iv), the “Services”).
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE SERVICES AND APPLIES TO ALL USERS VISITING, ATTENDING OR ACCESSING THE SERVICES.
BY ACCESSING OR USING THE SERVICES IN ANY WAY, INCLUDING BY COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR BROWSING THE WEBSITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH AUDACITY, (3) YOU ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO “YOU” OR “YOUR” IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.
1.1 Services. Subject to the terms and conditions of this Agreement, Audacity provides you with a non-exclusive, non-sublicensable, and non-transferable right to: (a) access and use the Services, and any content provided by Audacity in connection therewith; and (b) use Audacity standard end user documentation that it makes generally available to users from time to time (the “Documentation”) in support of its use of the Services, in each case of (a) and (b) solely for your internal business purposes consistent with the Documentation. Audacity will provide the necessary procedures and protocols as may be necessary to allow you to receive Services.
1.2 Internal Business Use. The Services are provided solely for your internal business purposes. You shall not use the Services to provide services to third parties or permit any third party to access the Services except as expressly permitted under this Agreement.
1.3 No Fiduciary or Legal Duties. The Services shall not create any fiduciary, advisory, or other duty on the part of Audacity, and you shall not rely on them for investment, legal, tax, or other advice.
1.4 Modifications to Services. Audacity may, in its sole discretion, suspend, terminate or modify the availability of the Services or any portion thereof from time to time by adding, deleting, or modifying features. Audacity reserves the right to alter the functionality, characteristics, and features of the Services. You agree that your access to and use of the Services is not contingent on the delivery of any future functionalities or features, or any other future commitments with respect to the matters contemplated hereunder, except as expressly set forth in this Agreement.
1.5 User Restrictions. As a condition of use, you agree not to use the Services (and shall not permit any third party) to: (i) license, sell, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (ii) modify, adapt, or make derivative works of the Services; (iii) reverse engineer, decompile, or disassemble the Services except as permitted by law; (iv) interfere with the proper functioning of the Services; or (v) otherwise use the Services in violation of applicable law. Any unauthorized use terminates the rights granted under this Agreement.
2.1 Registering Your Account. In order to access certain features of the Services, you may be required to register an account on the Services (“Account”). In registering an account on the Services, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
2.2 Necessary Equipment and Software. You must provide all devices and other equipment or software necessary to access or use the Services. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Services.
3.1 Use of AI Tools. The Services may include certain features and functionality that leverage artificial intelligence technology and large language models provided by third parties (“AI Tools”). Any data and information input or otherwise provided by you or on your behalf for use in connection with the Services may be transmitted to the third-party providers of such AI Tools to generate output for your use in connection with the Services. Audacity shall engage providers of such AI Tools on “enterprise level” terms, under which such providers agree to reasonable confidentiality obligations and agree not to train or fine-tune their models based on inputs to their platform.
3.2 Integrated Products & Content. From time to time, Audacity may offer or allow integrations between the Platform or other Services and third-party platforms, products, services or content (whether via API or other supported method) (each, an “Integrated Product”). Audacity is not responsible for the operation of any Integrated Products and makes no representations or warranties of any kind with respect thereto or their respective providers, including as relates to the availability of any Integrated Product. Audacity may require you to agree to or be bound by supplemental terms, including third party terms and conditions, prior to use of any Integrated Product.
3.3 Third-Party Websites or Applications. The Services may contain links to third-party websites, applications and offerings for third parties (collectively, the “Third-Party Services”). Such Third-Party Services are not under the control of Audacity. Audacity is not responsible for any Third-Party Services. When you use or access a Third-Party Service, you become subject to the terms and conditions (including privacy policies) of that Third-Party Service. Audacity does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
4.1 Confidential Information. “Confidential Information” means any nonpublic information of a party (the “Disclosing Party”), whether disclosed orally or in written or digital media, that is identified as “confidential” or with a similar legend at the time of such disclosure or that the receiving party (the “Receiving Party”) knows or should have known is the confidential or proprietary information of the Disclosing Party. For the avoidance of doubt, data or information that you input or provide in connection with your use of the Platform or other Service (“Inputs”), as well as any data or information generated by the Platform and delivered to you in directly reply to Inputs (“Outputs”), will be considered your Confidential Information, and Audacity’s platform, technology, documentation, and related technical information, processes, methodologies, and algorithms will be considered Confidential Information of Audacity.
4.2 Protection of Confidential Information. The Receiving Party agrees that it will not use or disclose to any third party any Confidential Information of the Disclosing Party, except as permitted or described under this Agreement. The Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner that it protects its own proprietary information of a similar nature, but in no event with less than reasonable care.
4.3 Exceptions. The confidentiality obligations set forth in Section 4.2 will not apply to any information that (a) is at the time of disclosure or becomes generally available to the public through no fault of the Receiving Party; (b) is lawfully provided to the Receiving Party by a third party; (c) was already known to the Receiving Party at the time of disclosure free of any confidentiality duties or obligations; or (d) was independently developed by employees and contractors of the Receiving Party. In addition, the Receiving Party may disclose Confidential Information to the extent that such disclosure is necessary for the Receiving Party to enforce its rights under this Agreement or is required by law or by the order of a court or similar judicial or administrative body, provided that (to the extent legally permissible) the Receiving Party promptly notifies the Disclosing Party in writing of such required disclosure and cooperates with the Disclosing Party if the Disclosing Party seeks an appropriate protective order.
4.4 Data Privacy. To the extent you provide Audacity with any personal data in connection with your use of the Services, the parties shall comply with their respective obligations under the Audacity Data Processing Addendum (“DPA”), which may be updated by Audacity from time to time.
4.5 Feedback; Improvements. You agree that submission of any ideas, suggestions, documents, or proposals to Audacity regardless of how submitted (“Feedback”) may be used freely by Audacity without obligation or compensation to you, including to improve and develop products and services. Audacity may use de-identified, anonymized or aggregate data that you use in connection with the Services (other than any personal information) to improve Audacity’s products and services, including training its models or algorithms; provided that Audacity may not train its models in any way that may result in any models disclosing any of your identity or any of your Confidential Information to any third party.
5.1 Customer Content. As between the Parties, you own and will continue to own all rights, title and interest in any Inputs or Outputs, to the fullest extent any such rights exist.
5.2 The Services. As between the parties, you agree that Audacity and its suppliers or licensors own all rights, title and interest in the Services (including but not limited to, any software, technology, data or content provided by Audacity or any third party licensor or partner) and all improvements, enhancements and updates made thereto.
5.3 Trademarks. Audacity’s name and all related stylizations, graphics, logos, service marks and trade names used on or with the Services are the trademarks of Audacity and may not be used without permission in connection with your, or any third-party’s, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You agree to allow Audacity to use your name and logo to identify you as a user of the Services, provided that you may withdraw such consent upon written notice.
6.1 Payment. If Audacity intends to charge fees for any Services, it shall provide written notice to you and the opportunity for you to cease using such Services.
6.2 Fees and Taxes. If at any point in the future, Audacity begins to charge a fee for the Services, you will be responsible for payment of such required taxes.
You shall indemnify and hold Audacity, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Audacity Party” and collectively, the “Audacity Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (i) your Inputs; (ii) your use of the Services; (iii) your violation of this Agreement; or (iv) your violation of applicable law.
8.1 Audacity Warranty. Audacity represents and warrants that it will provide the Services in a professional and workmanlike manner consistent with general industry standards.
8.2 As Is. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 8, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AUDACITY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AUDACITY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY OUTPUT WILL BE ACCURATE OR RELIABLE. AUDACITY IS NOT LIABLE FOR THE CONDUCT OR SERVICES OF THIRD PARTIES, INCLUDING PROVIDERS OF AI TOOLS. LAWS GOVERNING ARTIFICIAL INTELLIGENCE ARE EVOLVING, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH APPLICABLE LAWS. AUDACITY DOES NOT WARRANT THAT THE SERVICES OR OUTPUT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, PLATFORM, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. FROM TIME TO TIME, AUDACITY MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT AUDACITY’S SOLE DISCRETION.
8.3 No Liability for Conduct of Third Parties. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE AUDACITY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE AUDACITY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, INCLUDING ANY THIRD-PARTY PROVIDERS OF AI TOOLS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. COMPANY MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
9.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE AUDACITY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ANY AUDACITY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING TO THE EXTENT RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICES; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF AN AUDACITY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN AUDACITY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN AUDACITY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
9.2 Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AUDACITY PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) $100 OR, IF YOU ARE PAYING ANY FEES FOR THE SERVICES UNDER THIS AGREEMENT, THE TOTAL FEES THAT YOU PAID DURING THE TWELVE MONTHS PRIOR TO ANY OCCURRENCE GIVEN RISE TO ANY LIABILITY (IF GREATER THAN $100) OR (ii) IF NOT WAIVABLE UNDER LAW, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF AN AUDACITY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN AUDACITY PARTY’S GROSS NEGLIGENCE; OR (B) ANY INJURY CAUSED BY AN AUDACITY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
9.3 Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
10.1 Term. The term of this Agreement commences on the date when you accept this Agreement or if sooner commence use of or access to any Services (as further described in the preamble to this Agreement above), and continues in full force and effect while you use the Services, unless terminated earlier in accordance with this Agreement.
10.2 Termination of Services by Audacity. Audacity reserves the right to terminate this Agreement or your access to the Services at any time without cause upon notice to you. If you have materially breached any provision of this Agreement, or if Audacity is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Audacity has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause are made in Audacity’s sole discretion and that Audacity shall not be liable to you or any third party for any termination of your Account.
10.3 Termination by You. If you want to terminate this Agreement, you may do so by notifying Audacity at any time. Your notice should be sent, in writing, to Audacity’s address set forth below.
10.4 Effect of Termination. Upon termination of the Services or the applicable feature or functionality thereof, your right to use the Services or the applicable feature or functionality thereof will automatically terminate. Audacity will not have any liability whatsoever to you for any suspension or termination, nor obligation to retain any of your data. All provisions of this Agreement which by their nature should survive, will survive termination of Services, including without limitation, confidentiality, ownership provisions, indemnity, warranty disclaimers, and limitations of liability.
11.1 Electronic Communications. The communications between you and Audacity may take place via electronic means, whether you visit the Services or send Audacity emails, or whether Audacity posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Audacity in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Audacity electronically provides to satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
11.2 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Audacity’s prior written consent. Audacity may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
11.3 Force Majeure. Audacity shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
11.4 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Audacity agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Delaware.
11.5 Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
11.6 Notice. Where Audacity requires that you provide an email address, you are responsible for providing Audacity with a valid and current email address. In the event that the email address you provide to Audacity is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Audacity’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Audacity at the following address: product@audacityinvestments.com. Such notice shall be deemed given when received by Audacity by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
11.7 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
11.8 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
11.9 Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws.
11.10 Entire Agreement. The Agreement (as well as the DPA) is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.