Matchworks Inc. ("Matchworks," "we," "our," or "us"), provides you access to and use of the Matchworks platform at app.matchworks.ai and related services (collectively, the "Platform"), subject to your compliance with these Terms of Service (the "Terms"). By accessing or using the Platform, you agree to be bound by these Terms and all applicable law. If you do not agree, do not use the Platform.
These Terms apply to your access to and use of the Platform and do not alter the terms of any other agreement you may have with Matchworks. If you are a client, your purchase of services is subject to a Master Services Agreement ("MSA") and Insertion Order provided directly to you. The MSA governs service delivery, payments, billing, dispute resolution, and other contractual obligations. In the event of conflict between these Terms and the MSA, the MSA prevails.
The Platform is operated by a U.S. entity and governed by U.S. federal and state law. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not use the Platform if you are the subject of U.S. sanctions or sanctions consistent with U.S. law imposed by the government of the country where you are accessing the Platform.
You must be at least 18 years of age to use the Platform. Access requires authentication through Google OAuth, Microsoft OAuth, or email-based sign-in. You are responsible for maintaining the confidentiality of your credentials and for restricting access to the devices you use to access the Platform. You accept responsibility for all activity that occurs under your account. If the confidentiality of your account is compromised, you must notify us immediately at hello@matchworks.ai.
Matchworks may rely on the authority of anyone accessing your account using your credentials. We reserve the right to terminate your account, change your password, or take any action we deem necessary to maintain the security of the Platform.
Matchworks grants you a limited, non-exclusive, non-transferable license to access and use the Platform for your internal business purposes only. This license does not include: (a) any resale or commercial redistribution of Platform content; (b) modification, reverse engineering, decompilation, or disassembly of any Platform software; (c) use of data mining, bots, spiders, scrapers, or similar automated tools to collect information from the Platform; (d) framing or mirroring any portion of the Platform; or (e) any use that violates applicable law.
"Platform Materials" means all content on the Platform including software, designs, text, graphics, data, business intelligence, and the selection and arrangement thereof. Matchworks may terminate this license and your access if you make any unauthorized use of the Platform.
You may not use any automated means — including bots, scripts, crawlers, browser extensions, API calls outside the Platform interface, or any other programmatic method — to access, collect, extract, download, or copy data from the Platform. This includes but is not limited to buyer intelligence, firm profiles, contact information, match analysis, investment theses, transaction histories, and any other business data delivered through the Platform.
You may not share your login credentials with any third party or service for the purpose of automated data collection. Each user session is monitored for anomalous access patterns. Matchworks reserves the right to immediately suspend or terminate access, without notice or refund, upon detection of automated data extraction or any violation of this section. Violation may also result in legal action for breach of contract and misappropriation of trade secrets.
All information delivered through the Platform — including contact details, business intelligence, research data, and related materials — is confidential and proprietary. You may not sell, redistribute, publicly display, or share this information outside your organization without our prior written consent. Violation of this section may result in immediate termination of access and legal action.
The Platform, all Platform Materials, and all associated intellectual property — including trademarks, trade dress, copyrights, patents, and methodologies — are the exclusive property of Matchworks Inc. and are protected by United States and international law. No ownership or license is transferred to you except the limited right to access the Platform during the term of your service agreement. You may not use any Matchworks trademarks, logos, or proprietary information without our prior written consent.
All payment terms, including pricing, billing cadence, and refund policies, are governed by your service agreement. All sales are final except as expressly stated in your service agreement. Payment disputes must be addressed directly with Matchworks within the timeframes specified in your service agreement.
By using the Platform, you consent to receive communications from Matchworks electronically, including via email, SMS, webhook, and in-platform notifications. You acknowledge that unencrypted email sent over the Internet is not secure and may be read by others, and you authorize us to transmit information to you in this manner.
By providing your phone number, you consent to receive SMS notifications including new opportunity alerts and service updates. Message frequency varies. Message and data rates may apply. Reply STOP to opt out. SMS data is not sold or shared for marketing purposes.
If you configure webhook integrations, you are responsible for the security and availability of your receiving endpoints.
Any information, feedback, pipeline data, notes, or other materials you submit through the Platform ("Submissions") are non-confidential (subject to our Privacy Policy). You grant Matchworks a perpetual, royalty-free, non-exclusive, worldwide license to use, reproduce, modify, and distribute Submissions for the purpose of operating and improving the Platform and our services. You remain solely responsible for the accuracy of your Submissions.
Matchworks has the right to monitor activity on the Platform, investigate reported violations, and take action including issuing warnings, suspending accounts, or terminating access at any time without notice. We may access and use internally any information stored on our systems for any lawful purpose, and may disclose information to law enforcement to protect our rights or property or in response to legal process.
You agree to indemnify and hold harmless Matchworks, its officers, employees, agents, and representatives from any third-party claim, action, demand, loss, or damages (including attorneys' fees) arising out of your use of the Platform, your violation of these Terms, your Submissions, or your violation of any rights of a third party.
You agree not to knowingly make or publish any false or malicious statement, whether written or oral, that is reasonably likely to harm Matchworks' reputation or commercial interests. This restriction does not apply to: (a) truthful statements; (b) statements of opinion clearly identified as such; (c) communications protected by law; or (d) statements made under subpoena or other legal obligation. A material breach of this section entitles Matchworks to seek injunctive relief and proven damages.
If you believe content on the Platform infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent at hello@matchworks.ai or by mail to: Matchworks Inc., Legal Department, 5900 Balcones Drive, Suite 100, Austin, TX 78731. Your notice must include: (a) your signature (physical or electronic); (b) identification of the copyrighted work; (c) identification of the infringing material with sufficient detail to locate it; (d) your contact information; (e) a statement of good faith belief that the use is unauthorized; and (f) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.
Matchworks will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, epidemics, acts of war, terrorism, governmental actions, labor disputes, internet outages, cyberattacks, or the suspension or failure of any third-party platform, email service provider, or communications network. We will use commercially reasonable efforts to resume performance as soon as practicable.
THE PLATFORM AND ALL PLATFORM MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. MATCHWORKS DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MATCHWORKS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, MATCHWORKS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, INCLUDING LOSS OF USE, LOSS OF PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, REGARDLESS OF THE THEORY OF LIABILITY. THE AGGREGATE LIABILITY OF MATCHWORKS ARISING OUT OF OR RELATING TO THE PLATFORM SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS DO NOT EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
IF ANY OF THESE LIMITATIONS ARE FOUND TO BE INVALID, MATCHWORKS' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE.
You and Matchworks agree that any dispute, claim, or cause of action arising out of or relating to your use of the Platform or these Terms shall be resolved by confidential, binding arbitration administered by JAMS under its Commercial Arbitration Rules, and not in a lawsuit. The arbitration shall be conducted in Austin, Texas before a single arbitrator experienced in commercial contract matters.
You may opt out of this arbitration provision by sending written notice to hello@matchworks.ai within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration.
All disputes shall proceed on an individual basis. Neither you nor Matchworks may bring a claim as part of a class, group, collective, coordinated, consolidated, or mass arbitration. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MATCHWORKS WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE.
Any claim must be filed within one (1) year after the claimant knew or should have known of the facts giving rise to the claim. Either party may seek injunctive relief in the state or federal courts of Travis County, Texas. You irrevocably consent to the exclusive jurisdiction and venue of such courts.
You agree that Matchworks may contact you by phone or text message at the number you provide for service-related information. You certify that the phone number provided is yours. You agree that we may monitor or record phone calls for quality assurance, training, and verification purposes in accordance with applicable law. Standard message and data rates may apply.
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (i) deemed a "writing" or "in writing" for all legal purposes; (ii) legally enforceable as a signed writing; and (iii) deemed an "original" when printed from electronic records maintained in the ordinary course of business. Electronic documents are admissible as evidence to the same extent as business records in written form.
Matchworks reserves the right to modify these Terms at any time. Changes will be posted on the Platform with an updated date. Your continued use of the Platform following the posting of changes constitutes acceptance of the new Terms.
If any provision of these Terms is found unlawful or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force. No waiver of any term shall constitute a continuing waiver or a waiver of any subsequent breach.