BERKWOOD

Terms of Service

Last Updated: January 29, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the Berkwood website located at joinberkwood.com and our related services (collectively, the "Service") operated by Berkwood ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

Berkwood provides bankruptcy intelligence services, including:

  • Access to bankruptcy case data and analytics
  • AI-powered analysis of bankruptcy filings
  • Real-time alerts and notifications
  • Weekly newsletter with bankruptcy insights
  • Dashboard and reporting tools

Our Service processes publicly available bankruptcy court records and provides analysis tools for business intelligence purposes.

3. User Accounts

To access certain features of our Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use
  • Be responsible for all activity under your account

4. Subscription Plans and Payment

4.1 Subscription Plans

We offer different subscription plans with varying features and access levels. Current plans include Basic and Pro subscriptions with different usage limits and features.

4.2 Payment Terms

  • Subscription fees are billed in advance on a monthly basis
  • Payment is processed through Stripe, our third-party payment processor
  • All fees are non-refundable except as required by law
  • We may change subscription fees with 30 days' notice
  • Failed payments may result in account suspension

4.3 Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. You will retain access to paid features until the end of your billing period.

5. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful, fraudulent, or malicious content
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service
  • Use automated systems to scrape or harvest data
  • Resell or redistribute our data without permission
  • Use the Service for any illegal debt collection activities

6. Data and Content

6.1 Public Records

The bankruptcy data provided through our Service is derived from publicly available court records. We do not guarantee the accuracy, completeness, or timeliness of this information.

6.2 AI Analysis

Our AI-powered analysis and insights are provided for informational purposes only and should not be considered legal, financial, or professional advice.

6.3 User Content

You retain ownership of any content you submit to our Service. By submitting content, you grant us a license to use, modify, and display it in connection with the Service.

7. Compliance & Regulatory Framework

7.1 Data Collection Compliance

We are committed to ensuring that all data we ingest and process is:

  • Publicly Available: Sourced exclusively from publicly available sources including PACER, CourtListener, and Bankruptcy Watch
  • Properly Licensed: Used under appropriate licensing agreements and API terms of service
  • Privacy Compliant: Stored and handled in compliance with applicable privacy laws and regulations
  • Ethically Sourced: No scraping of private or confidential data

7.2 AI-Generated Outputs Compliance

All AI-generated outputs, including case summaries, financial analyses, and scoring systems, are:

  • Clearly Labeled: Marked as informational content, not investment advice
  • Regulatory Compliant: Compliant with SEC and FINRA marketing and communications rules
  • No Misleading Claims: No misleading performance claims or guarantees
  • Decision Support: Positioned as decision-support tools, not substitutes for licensed financial or legal advice

7.3 Recordkeeping & Audit Trail

We maintain comprehensive logs and audit trails to ensure transparency and regulatory compliance:

  • Data Lineage: Complete logs of data sources, scoring criteria, and AI reasoning processes
  • Regulatory Transparency: Ability to demonstrate transparent data lineage for regulatory inquiries
  • Client Protection: Enabling clients to prove compliant data usage in their investment processes
  • Audit Readiness: Maintained audit-ready compliance framework for regulatory review

7.4 Regulatory Cooperation

We commit to cooperating with regulatory authorities and providing necessary documentation to demonstrate compliance with applicable laws and regulations governing financial data services and AI-powered analysis tools.

8. Intellectual Property

The Service and its original content, features, and functionality are owned by Berkwood and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not use our trademarks, logos, or proprietary information without our express written consent.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and disclose your information.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, express or implied, including:

  • Merchantability and fitness for a particular purpose
  • Non-infringement
  • Accuracy, completeness, or timeliness of data
  • Uninterrupted or error-free operation

11. Limitation of Liability

To the maximum extent permitted by law, Berkwood shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses.

Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Berkwood from any claims, damages, losses, or expenses arising from your use of the Service or violation of these Terms.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

Upon termination, your right to use the Service will cease immediately.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Berkwood is incorporated, without regard to conflict of law principles.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by email or through the Service. Continued use of the Service after changes constitutes acceptance of the new Terms.

16. Contact Information

If you have any questions about these Terms, please contact us:

  • Email: support@mail.joinberkwood.com
  • Website: www.joinberkwood.com/contact

17. Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect.