FDE App Terms of Use

Version 2026-10-27

Effective: 2026-10-27

1. This agreement

(a) These Terms of Use are an agreement between ClickDown, LLC, doing business as 3rd Brain Digital Operations and as Digital Operations Institute, a Missouri limited liability company ("3rd Brain", "we", "us"), and you. If you accept them for an organization, "you" also means that organization, and you confirm you can bind it.

(b) You accept these terms, which include the confidentiality terms in section 9, and our Privacy Policy by creating your FDE App account; the sign-up page says so and links to them. If you already had an account when these terms took effect, you accept them by using the service after they take effect. The Privacy Policy is part of these terms.

(c) "The service" means FDE App as hosted at the addresses we give you, including the material it serves to your AI assistant, Navigator, the admin, and the background workers. "FDE App", where these terms speak of what we own or protect, also means the method and everything that carries it: prompts, specialist instructions, templates, reference material, rules, and software, including the plugin and skill files you download from the service.

(d) FDE App was formerly called AI Ops and AI Ops Cloud. Any reference to "AI Ops" or "AI Ops Cloud", in these terms, in the service, or on any material, means FDE App. Material named, stamped, or marked "AI Ops" or "AI Ops Cloud", including material the service served before the name changed, is FDE App material, and these terms, including sections 4, 5, and 9, apply to it in the same way.

2. Your access

(a) Subject to these terms, we give you a limited, personal, non-exclusive, non-transferable, revocable right to use FDE App, through an AI assistant you connect to it, for real work on the company your workspace holds (or the two companies it holds under a course code), whether that is your own company or a client's.

(b) FDE App has a free plan and a paid plan. Section 14 covers the paid plan, its price, the free trial, and course codes.

(c) The service is an early version. We may change, add, or remove features, set limits on use (such as storage, recordings, or model usage), or pause the service at any time, with or without notice.

(d) We may change what the free plan includes, or end the free plan, at any time. We may also change what the paid plan includes. If a change takes away a material part of the paid plan during a period you have paid for, you may cancel within 30 days of the change, and we will refund the prepaid fees for the rest of that period.

3. Your account

(a) Each login is for one named person. Give us accurate information and keep your sign-in secure.

(b) You are responsible for what happens under your account, and in any workspace you own, including what the people you invite do. Everyone you invite accepts these terms when they create their own account.

4. What you may not do

FDE App (its prompts, specialist instructions, method, templates, reference material, and software) is our confidential property. The service lets you use it; it does not let you take it. You will not, and will not help or let anyone else:

(a) copy, save, export, or compile the prompts, instructions, templates, or reference material the service sends to your AI assistant;

(b) publish, share, sell, license, or give any of that material to anyone outside your account, including by posting it, putting it in a repository, or pasting it into another product or AI tool;

(c) use it, or anything derived from it, to build, train, fine-tune, or improve a product, service, model, or method that competes with FDE App, or to help anyone else do so;

(d) reverse engineer the service, or try to work out how it selects, assembles, or marks what it serves, or the rules it checks documents against;

(e) remove, alter, or work around the license line and other marks on served material, the limits on how fast material is served, or any other protection in the service;

(f) reach the service through scripts, bots, or bulk requests, rather than through an AI assistant you are using for real work on a company in your account;

(g) share your login, let another person use your account, or resell access;

(h) probe, scan, or test the service's security, or use it in a way that harms the service or other users; or

(i) use the service to break the law or anyone's rights, including by uploading data or recordings you are not allowed to share.

Material that stays in your AI assistant's conversation history as a normal result of using the service is not a breach of (a), as long as you do not extract, reuse, or share it.

The documents FDE App writes for your companies are yours to use in your and your clients' businesses (section 7), even where they follow our templates. What you may not do is lift the templates, prompts, and method themselves out of the service.

5. How we protect FDE App

(a) Marks. Everything the service sends to your AI assistant carries a line naming the account it is licensed to and a reference code, plus small formatting marks unique to your account. They do not change what the material says or does. They let us trace a copy back to the account it came from.

(b) Records. We record each time the service sends material: which account, which company, which item, and when. We use these records to run and protect the service, as the Privacy Policy describes.

(c) Limits. If an account pulls material quickly without doing any work in the service, we pause serving to that account for a while. Your documents and document tools keep working during a pause.

(d) Pausing or ending access. If we reasonably believe an account is copying or extracting FDE App, or otherwise breaking section 4, we may pause or end its access without notice and keep the records that support our view. We will tell you why, unless the law or an investigation prevents it.

(e) Copies found elsewhere. A copy of FDE App material that carries your account's marks, found anywhere outside the service, is evidence that it came from your account.

6. Your content and your clients' data

(a) "Your content" means everything you or your workspace's members put into the service or have FDE App write there: library documents, connection settings, captured system data, recordings and transcripts, follow-ups, and exports.

(b) You keep ownership of your content. You let us host, copy, process, and display it only as needed to run, secure, and support the service for you, including sending recordings to our video model provider as the Privacy Policy describes, to create the de-identified data described in (h), and to review it as described in (i).

(c) We keep your content confidential, apart from the de-identified data described in (h). We do not sell it, use it to train AI models, or use it to market to anyone other than you as described in (i). We look at it only to run or support the service at your request, to review it as (i) describes, to investigate a breach of these terms, or when the law requires.

(d) You are responsible for your content. You confirm you have the right to put it in the service, including your clients' permission for their data, and that the people who appear in recordings know they are being recorded, as the law where they are requires.

(e) Do not upload health records, payment card numbers, government ID numbers, or passwords or other credentials. The service is not built to hold them.

(f) Your AI assistant is provided by someone else (for example Anthropic or OpenAI). Content your assistant reads or writes through the service also passes through that provider, under your own agreement with them. We do not control how they handle it.

(g) Records of how the service and our sites are used ("usage data") are ours. We may use usage data, but not your content, for any purpose, including to run, protect, and improve the service, to build new products and features, and to market FDE App and our services, as the Privacy Policy describes. You agree to our use of cookies and similar technologies, and to receive our marketing emails, as the Privacy Policy describes; you can unsubscribe at any time.

(h) We may create de-identified, combined data from content and usage data across many workspaces, such as how long common workflows take, and use it for any lawful purpose, including to improve FDE App and to publish benchmarks. It never identifies you, your company, your clients, or anyone in them.

(i) We may read the content in your workspace, such as company profiles, documents, and transcripts, to see whether 3rd Brain's services could help you, and contact you about them. Tell us and we'll stop.

7. What is ours, and what is yours

(a) We own FDE App and the service, and every right in them, including improvements that come from your feedback. All rights not expressly given to you in section 2 are reserved. Nothing in these terms transfers any of them to you.

(b) The documents FDE App writes in your library are your content. You may use, change, and share them in your and your clients' businesses, including with your clients, even where they follow our templates. That right covers the documents, not the templates, prompts, or method behind them (section 4).

(d) We may name you, and show your company's name and logo, as a user of FDE App on our sites, in customer lists, and in marketing. Tell us and we'll stop.

8. Feedback

You do not have to give us feedback. If you do (ideas, suggestions, bug reports), we may use it for any purpose without paying or crediting you. Feedback does not include your content.

9. Confidentiality

(a) "Confidential Information" means all non-public information we disclose or make available to you, in any form, including through the service, such as:

FDE App's prompts, specialist instructions, methods, processes, workflows, templates, reference material, rules, and software, and how the service selects, assembles, and marks what it serves;
the service's features, design, roadmap, pricing, and performance (but not the fact that you use the service);
3rd Brain's non-public business, technical, financial, and personnel information; and
any notes, summaries, analyses, or other material, to the extent they contain or reflect any of the above.

(b) Confidential Information stays ours. You get no license to it except to use and evaluate the service under these terms.

(c) Confidential Information does not include information that: (1) is public when you receive it; (2) becomes public later, other than through a breach of these terms; (3) you already had, as shown by your records, and did not get from us; (4) you receive from someone else who did not get it in breach of a confidentiality duty; or (5) you develop independently, without using or referring to Confidential Information.

(d) Use Confidential Information only to use and evaluate the service under these terms, and protect it with at least reasonable care. Do not disclose it to anyone except: (1) people in your organization who have their own FDE App accounts; and (2) your lawyers and accountants, under a duty of confidentiality. You are responsible for anyone you disclose it to. If the law, a regulator, or a court requires you to disclose Confidential Information, you may disclose only what is required, after telling us promptly where the law allows.

(e) Do not put Confidential Information into any AI tool, model, or service other than the AI assistant you connect to FDE App, and do not use it to train, fine-tune, evaluate, or improve any AI model, or to build or improve anything that competes with FDE App. What stays in your AI assistant's conversation history as a normal result of using the service is not a breach, as long as you do not extract, reuse, or share it.

(f) When your access ends, or when we ask, stop using Confidential Information and delete what you hold, including any saved copy of anything the service served, and confirm in writing if asked. Copies in routine backups may stay until the backups are overwritten in the normal course, and stay confidential until then.

(g) Your duties under this section continue for three years after your access ends, and, for Confidential Information that is a trade secret (including FDE App's prompts and method), for as long as it remains a trade secret.

(h) You may say that you use FDE App, and you may show your clients the documents in your library. Ask us before you publish screenshots, recordings, or demos of the service.

(i) We keep your content confidential as section 6 describes.

10. Ending the service or your access

(a) You can stop using the service, and delete your account, at any time.

(b) We may end your access, or the service, at any time, for any reason, without notice.

(c) For 30 days after your access ends you can export your library; we will also send you an export of your own content on request, whatever the reason access ended, unless the law prevents it. After those 30 days we delete your content. Deleted content leaves our backups within a further 30 days.

(d) Sections 4, 5(b), 5(e), 6(d), 6(e), 7, 8, 9, 11, 12, 13, 14(c) (for amounts already due), 14(g), and 14(k) continue after these terms end.

11. No warranties

(a) The service is provided "as is" and "as available". To the extent the law allows, we disclaim every warranty, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.

(b) It is early. Expect bugs, downtime, changes, and lost work. Keep your own copies of anything you need (the export gives you your whole library).

(c) FDE App uses AI models. Its output can be wrong, incomplete, or out of date; check it before you rely on it or give it to a client. It is not legal, financial, tax, or other professional advice.

(d) Do not use the service where a failure could cause death, injury, or environmental damage.

12. Limits on liability

(a) To the extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill.

(b) Our total liability under these terms is limited to the greater of USD 100 and what you paid us for the service in the 12 months before the claim.

(c) You will defend us against, and cover our losses from, claims by others that arise from your content (including claims by your clients or by people in your recordings) or from your breach of section 4.

(d) These limits do not apply to your breach of section 4, 5, or 9, to section 6(d), 6(e), or 12(c), or to either side's fraud or willful misconduct.

13. General terms

(a) Law and courts. Missouri law governs these terms, without regard to its conflict-of-laws rules. Any dispute goes to the state or federal courts in St. Louis County, Missouri, and both of us consent to them.

(b) Court orders. A breach of section 4, 5, or 9 could harm us in ways money cannot fix, so we may ask any court for an order to stop it, without posting a bond where the law allows, as well as any other remedy.

(c) Changes. We may change these terms at any time by posting the new version with its date. If a change is material, we may also tell you by email or in the service. Using the service after a change takes effect means you accept it; if you don't agree, stop using the service.

(d) Notices. We send notices to the email address on your account; you send them to michael@3rdbrain.co.

(e) Transfer. You may not transfer these terms without our written consent. We may transfer them as part of a sale or reorganization of our business.

(f) Whole agreement. These terms (including section 9) and the Privacy Policy are the whole agreement about the service. If any part is unenforceable, the rest stands. Not enforcing a term is not a waiver of it.

(g) Other. We are independent parties; neither is the other's agent or partner. No one else has rights under these terms. Neither of us is responsible for delays caused by events outside reasonable control. Creating your account is your electronic signature on these terms.

14. Plans, payment, trials, and course codes

(a) Plans. Each account (a workspace) holds one company, and the paid plan is bought for that company. Use the paid plan, and the files you download under it, only for work on that company. An agency or anyone else working on several companies needs a separate agreement with us. The paid plan is sold for business use, not personal, family, or household use.

(b) Price. The paid plan costs USD 1,000 a year, or USD 200 a month, for each company, plus taxes. You pay in advance at the start of each period. The price and period you chose are shown at checkout and on the company's page.

(c) Payment. Stripe processes our payments, under its own terms for its part. When you start a trial or buy the paid plan, you accept these terms again at checkout, and you authorize us, through Stripe, to charge your payment method the price and taxes for each period until you cancel. Keep your payment details current. We never receive or store your full card number. Amounts that are due stay due after the paid plan or these terms end.

(d) Taxes. Prices do not include sales tax, VAT, GST, or similar taxes. Stripe Tax calculates and collects them where we are required to, based on your billing address, and you pay them. If you are exempt, tell us before you pay.

(e) Automatic renewal. The paid plan renews automatically at the end of each period, for another period of the same length (a year or a month), at the price then in effect, until you cancel. We may change the price. A new price applies from your next renewal, and we will tell you at least 30 days before it does, by email or in the service.

(f) Cancelling. You can cancel at any time in Manage billing on the company's page, or by emailing michael@3rdbrain.co. Cancelling takes effect at the end of the period you have paid for. The company keeps the paid plan until then, and you are not charged again.

(g) Refunds. Payments are non-refundable, including for part of a period, unused time, or a period you cancel during, except where the law requires a refund. If we end the service, or end your access for a reason other than your breach of these terms, we refund the prepaid fees for the rest of the period. We may give a refund or credit in other cases at our choice; doing so once does not oblige us to do it again.

(h) Failed payments. If a payment fails, the company keeps the paid plan for 48 hours while Stripe tries the payment again. If it still fails, the subscription is cancelled and the company moves to the free plan.

(i) Returning to the free plan. When the paid plan ends, for any reason, the company moves to the free plan. It keeps its whole library, readable in Navigator and exportable. Paid features stop, and the service refuses new saves of the document types only the paid plan writes. You can buy the paid plan again at any time.

(j) Free trial. The paid plan comes with a free 10-day trial, once for each workspace. A payment card is required to start it, and we may refuse a trial to anyone we reasonably believe has had one before, under another workspace or email address. You are not charged during the trial, and we email you a reminder before it ends. When the trial ends, the paid plan starts and your card is charged the price and period you chose at checkout, unless you cancel before the trial ends. If you cancel during the trial, the company keeps the paid plan until the trial ends and then moves to the free plan, and you are not charged.

(k) Files you download. Ending a trial or a paid period does not end these terms for files you downloaded from the service during it. They stay FDE App material and our Confidential Information, under sections 4, 5, and 9, and you may use them only for work on the companies in your account.

(l) Course codes. We may issue a course code to a person accepted into one of our courses.

A code is personal to the person it was issued to and is tied to their email address. It cannot be transferred, sold, or shared, and it has no cash value.
A code can be used once, by the owner of a workspace, and must be used within 90 days of being issued. After that it expires.
A code gives the workspace the paid plan for one year from the day it is used, and lets the workspace hold a second company, which also has the paid plan for that year. A code does not pause or refund a subscription you already pay for.
When the year ends, both companies move to the free plan as (i) describes and stay in the workspace. You can buy the paid plan for either of them.
We may revoke a code that has not been used, or a code obtained or used in breach of these terms, and end what a code obtained or used in breach gave.

Structure adapted from the Common Paper Pilot Agreement v1.1 / CC BY 4.0.