These Terms of Use (“Terms”) govern access to and use of the websites, web‑based applications, and application programming interfaces (APIs) provided by Quash.ai Inc. (“Quash”, “we”, “us”, or “our”). By accessing or using our websites or services, you (“you”, “User”) agree to be bound by these Terms.
If you are using the services on behalf of a company or other legal entity (a “Customer”), you represent that you are authorized to accept these Terms on behalf of that entity. In case of any conflict between these Terms and a separate written agreement (such as a Master Services Agreement, “MSA”), the written agreement will prevail for the relevant services.
Quash is a Miami‑based fintech company that provides AI‑driven credit risk evaluation, financial inclusion, and related analytics services to institutional Customers, including banks, finance companies, micro‑finance institutions, and retailers. We operate cloud‑based platforms, data processing pipelines, and APIs that enable Customers to submit data and receive credit risk scores, model outputs, and related insights.
Production use of our services, including data processing on behalf of Customers, is governed by separate commercial agreements and data protection terms (such as a Data Processing Agreement, “DPA”) between Quash and each Customer. These Terms apply primarily to access to our websites, portals, and developer‑facing interfaces, and do not modify or replace the terms of any signed agreement.
Where platform accounts, API keys, or other credentials are issued, the relevant Customer is responsible for:
• Ensuring that only authorized users access its accounts and credentials.
• Maintaining the confidentiality and security of usernames, passwords, API keys, and tokens.
• Promptly notifying Quash of any actual or suspected loss, theft, or unauthorized use of credentials or accounts.
Customers are responsible for all activities carried out using their credentials and must ensure that their users comply with these Terms and any applicable MSA, DPA, or order form.
Quash may, at its discretion, suspend or restrict access to the services where we reasonably believe there is a security risk, misuse, or breach of these Terms.
You and your organization agree not to:
• Use the services in violation of any applicable law or regulation, including those related to data protection, financial services, and consumer protection.
• Attempt to gain unauthorized access to the services, systems, data, or accounts of Quash or any third party.
• Interfere with or disrupt the integrity, security, or performance of the services or their underlying infrastructure.
• Upload, transmit, or introduce any malware, malicious code, or harmful content.
• Use the services to build or train competing products or models in a way that violates contractual or intellectual property rights.
• Use the services for fraudulent or abusive activities, or in a manner that could damage the reputation or operations of Quash or its Customers.
Quash reserves the right to investigate any suspected violation of this section and to take appropriate action, including suspension or termination of access and cooperation with law enforcement where required.
As between Quash and the Customer:
• The Customer retains ownership of its data, including any personal data, financial data, and credit‑related information submitted to the services (“Customer Data”).
• Quash processes Customer Data solely to provide the contracted services and in accordance with the applicable MSA, DPA, and this Terms of Use document.
Model outputs, scores, and analytics generated by the services for a specific Customer will be used and accessed in accordance with the applicable commercial agreement. Quash may use aggregated, anonymized, or de‑identified data derived from the operation of the services for purposes such as improving models, analytics, and platform performance, provided that such use does not identify any individual or Customer and is consistent with applicable agreements.
Customers are responsible for the accuracy, quality, and legality of Customer Data and for ensuring that they have all necessary rights, consents, and lawful bases to submit such data to Quash.
Quash’s handling of personal data is described in our Privacy Policy, available at:
https://quash.ai/privacy
Quash generally acts as a data processor / service provider in relation to end‑user and applicant data, with institutional Customers acting as data controllers. Processing of personal data is governed by the applicable DPA or data protection terms between Quash and each Customer, which set out roles, responsibilities, and security measures consistent with applicable laws (including, where relevant, Mexican, Brazilian, Chilean, Colombian, and other Latin American data protection regulations).
Customers are responsible for providing appropriate privacy notices to their users and applicants and for complying with local legal requirements for data collection and use.
Quash and its licensors own all rights, title, and interest in and to:
• The Quash platforms, APIs, web applications, models, algorithms, documentation, and underlying software.
• All enhancements, updates, and derivative works of the foregoing.
Except for the limited rights expressly granted under an applicable agreement or these Terms, no rights or licenses are granted by implication or otherwise. You may not reverse engineer, decompile, disassemble, or attempt to derive source code from any part of the services except where such restriction is prohibited by law.
Any feedback or suggestions you provide about the services may be used by Quash without restriction or obligation, provided that such use does not identify you or your organization without consent.
We strive to provide reliable and secure services, but:
• The websites and non‑contracted features are provided on an “as is” and “as available” basis.
• We do not guarantee that the services will be uninterrupted, error‑free, or free of vulnerabilities at all times.
Any service level commitments, uptime guarantees, or specific remedies will be defined in the applicable written agreement with the Customer and not in these general Terms.
To the maximum extent permitted by law, Quash disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non‑infringement, except to the extent expressly set out in a written agreement.
To the fullest extent permitted by applicable law, and subject to any limitations set out in an MSA or similar agreement:
• Quash will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages (including loss of profits, revenue, data, or business opportunities) arising out of or related to the use or inability to use the services.
• Quash’s aggregate liability arising out of or related to the services, whether in contract, tort, or otherwise, will be limited to the amounts actually paid by the relevant Customer to Quash for the services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to such liability, unless a different cap is specified in the applicable agreement.
Nothing in these Terms aims to exclude or limit liability where such exclusion or limitation is prohibited by applicable law.
The services may include integrations with, or links to, third‑party services (such as cloud providers, analytics tools, or data providers). Your use of third‑party services is subject to their own terms and policies, and Quash is not responsible for those services or their practices.
Unless otherwise agreed in a separate written contract:
• These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict‑of‑laws rules.
• Any dispute arising out of or in connection with these Terms or the use of the services shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami‑Dade County, Florida.
We may modify these Terms from time to time to reflect changes in our services, legal requirements, or business needs. When we do, we will update the “Last updated” date at the top of this page. Material changes may be communicated through the website or via email to registered Customers.
Continued use of the services after changes become effective constitutes acceptance of the revised Terms.
If you have questions about these Terms or the services, you can contact us at:
Email (general/support): support@quash.ai
Email (security/compliance): security@quash.ai
Website: https://quash.ai
