Software License and Subscription Agreement
Last Updated: February 5, 2026
This Software License and Subscription Agreement (the “Agreement”) governs the use of the software products and services (collectively, the “Services”) provided by Bear Creek AI, Inc. (“Provider” or “we”), including, but not limited to, KnowledgeXpert and TutorXpert, along with any associated documentation, platforms, interfaces, and KnowledgeBases. By clicking on “I Agree,” signing an order form referencing this Agreement, or by accessing or using the Services, you (“User” or “you”) agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, do not install, access, or use the Services. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms, and "User" shall refer to such entity.
1. Definitions
The following definitions apply throughout this Agreement. Other terms may be defined in the specific sections to which they apply, and those definitions shall have the same force as if set forth in this Section 1.
1.1 “Affiliate” means any entity controlled by, controlling, or under common control with a party, where “control” refers to the ownership of more than fifty percent (50%) of the voting interests.
1.2 "Generated Output" means any and all content, data, insights, text, images, or other materials generated, produced, or otherwise resulting from the operation of the Services.
1.3 “Intellectual Property Rights” means all intellectual property or proprietary rights throughout the world, including copyrights, trade secrets, trademarks, moral rights, patents, inventions, database rights, and all similar or equivalent rights or forms of protection.
1.4 “KnowledgeBase” refers to a specialized repository of proprietary or licensed content, data, or information integrated within the Services to provide domain-specific insights. This includes User KnowledgeBases, Third-Party KnowledgeBases, and Provider KnowledgeBases.
1.5 "Provider KnowledgeBase" means any KnowledgeBase developed, owned, or curated by Provider and made available to User as part of the Services.
1.6 “Subscription” means the right to access and use the Services for a specified term, subject to payment of applicable fees and compliance with the terms herein.
1.7 “Subscription Term” means the period for which the User has purchased a Subscription to access and use the Services.
1.8 "Third-Party KnowledgeBase" means a KnowledgeBase created, generated, or provided by a third party that User may access as part of the Services.
1.9 “User Content” means any and all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that a User uploads, posts, emails, transmits, or otherwise makes available through the Services. User Content specifically excludes any Generated Output.
1.10 "User KnowledgeBase" means a KnowledgeBase created or generated by User using User Content.
2. Access to and use of the services
2.1 Access Grant
Subject to the terms and conditions of this Agreement and payment of applicable fees, Provider grants User a non-exclusive, non-transferable, non-sublicensable, worldwide right to access and use the Services during the Subscription Term solely for internal business or personal purposes.
2.2 Permitted Use
User may:
Access the Services in accordance with this Agreement and any relevant documentation provided by Provider.
Create, manage, and utilize User KnowledgeBases using User Content.
Purchase access rights or licenses to Provider KnowledgeBases and Third-Party KnowledgeBases from other parties (e.g., Clarion Publishing) and integrate them into the Services, provided that all third-party licenses and permissions are in good standing.
2.3 Restrictions
Except as explicitly permitted herein, User shall not, directly or indirectly:
Sell, resell, distribute, rent, or lease the Services to any third party or otherwise use the Services in violations of the terms of this Agreement.
Reverse engineer, decompile, disassemble, or attempt to discover the source code or algorithms of the Services (except to the extent permitted by law).
Copy, frame, or mirror any part or content of the Services.
Circumvent or disable any technical features or controls of the Services.
Use the Services to violate any laws or regulations, or to transmit any illegal content.
Share or upload content (including KnowledgeBases) in which User does not have all necessary Intellectual Property Rights or permissions.
2.4 Use of User Content
By uploading or sharing User Content, User represents and warrants that User has all necessary rights, consents, and permissions to use, display, reproduce, and share User Content that it uploads or shares when using the Services. User grants Provider a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, and transmit such User Content to the extent necessary to provide the Services to User.
2.5 Prohibition on Unauthorized KnowledgeBase Sharing
User shall not share, distribute, or sell any Provider KnowledgeBase or Third-Party KnowledgeBase unless User holds all necessary copyrights or permissions for the content within that KnowledgeBase.
2.6 Account Security
User is responsible for maintaining the confidentiality of all Service login credentials and for all activities that occur under User’s account. User shall notify Provider immediately of any unauthorized use of its account or any other known or suspected breach of security. Provider shall not be liable for any loss or damage arising from User’s failure to comply with this Section, and User shall be responsible for all fees and activities associated with its account, whether or not authorized by User.
2.7 Modifications to the Services
Provider is constantly innovating and evolving the Services. Provider reserves the right to modify, update, or discontinue any part of the Services (including specific features, functionalities, or modules) at any time. Provider will use commercially reasonable efforts to notify User of any material deprecation of core functionality.
3. Subscription and Payment
3.1 Subscription Types
Provider may offer multiple subscription tiers (e.g., Pro, Power, Enterprise) with varying levels of access, features, and usage limits. Details and pricing for each Subscription tier are described in an applicable order form, price schedule, or on Provider’s website.
3.2 Fees and Payment Terms
User shall pay all fees as set forth in the applicable order form or Subscription plan. Unless otherwise specified:
Fees are payable in advance for each Subscription Term.
Payment obligations are non-cancelable, and fees paid are non-refundable.
Provider may charge overage fees if User exceeds applicable usage limits.
Provider reserves the right to change its pricing structure at its discretion; provided, however, that any such changes shall not take effect until the expiration of the then-current Subscription Term.
3.3 Renewals
Unless otherwise stated in an order form, Subscriptions shall automatically renew at the end of each Subscription Term for an additional term of equal duration, unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current Subscription Term. To the extent User is provided the opportunity to cancel the Subscription within the Services, such electronic cancellation shall suffice as written notice under this Section.
3.4 Taxes
All fees are exclusive of any applicable taxes, levies, or duties imposed by taxing authorities. User is responsible for paying any such taxes.
4. Intellectual Property and Ownership
4.1 Provider IP
All Intellectual Property Rights in the Services (including software, algorithms, inventions, work, designs, interfaces, and documentation related thereto or embodied therein) and any modifications or improvements thereto belong to Provider or its licensors. No rights are granted to User other than those expressly granted in this Agreement.
4.2 Feedback
User may, from time to time, provide suggestions, feedback, or other input regarding the Services (“Feedback”). User grants Provider a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback without any obligation to User.
4.3 User Content
User retains all Intellectual Property Rights in and to User Content.
4.4. Generated Output
Subject to User's compliance with this Agreement, Provider grants User a non-exclusive, perpetual license to use and distribute Generated Output resulting from User's authorized use of the Services. Provider retains all Intellectual Property Rights in the underlying technology used to produce such Generated Output.
5. User Content and KnowledgeBases
5.1 Responsibility for Content
User is solely responsible for all User Content uploaded or integrated into the Services by User. Provider does not endorse, monitor, or pre-screen content (including User Content) but reserves the right (but not the obligation) to remove or disable access to any content that may violate applicable laws or the terms of this Agreement.
5.2 Representations and Warranties
By creating or sharing a KnowledgeBase, User represents and warrants that:
User owns or has all necessary licenses, rights, consents, and permissions to use and share the content therein.
The content does not infringe the Intellectual Property Rights or other rights of any third party.
The content complies with all applicable laws and regulations.
6. Confidentiality
6.1 Confidential Information
“Confidential Information” means any non-public or proprietary information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) in connection with this Agreement, including but not limited to business plans, product roadmaps, technical data, or user data. Confidential Information does not include information that (a) was already known by the Receiving Party without obligation of confidentiality; (b) is or becomes publicly known without breach of this Agreement; (c) is rightfully received from a third party without breach of any confidentiality obligation; or (d) is independently developed by the Receiving Party without reference to or use of the Disclosing Party’s Confidential Information.
6.2 Obligations
The Receiving Party shall (a) protect the Disclosing Party’s Confidential Information with the same degree of care it uses to protect its own Confidential Information, but in no event less than reasonable care; (b) use the Disclosing Party’s Confidential Information solely for performing its obligations or exercising its rights under this Agreement; and (c) limit access to those of its employees, contractors, and agents who need such access for permitted uses under this Agreement and who are bound by written confidentiality obligations no less protective than those herein.
6.3 Compelled Disclosure
The Receiving Party may disclose Confidential Information if required by law or court order, provided it gives prompt notice (if permitted) to the Disclosing Party to enable the Disclosing Party to seek a protective order.
7. Data Security and Privacy
7.1 Security Measures
Provider shall maintain commercially reasonable administrative, physical, and technical safeguards to protect User Content and personal data from unauthorized access, disclosure, or use.
7.2 Privacy
Provider’s collection and use of any personal data in connection with the Services is governed by Provider’s Privacy Policy, available at www.bearcreek.com, which is incorporated herein by reference.
7.3 User Responsibilities
User shall comply with all applicable data protection laws in its use of the Services. User is responsible for obtaining any consents and providing any notices required to collect, share, or process personal data within the Services.
8. Warranties and Disclaimers
8.1 Service Warranty
Provider warrants that, during the Subscription Term, the Services will substantially conform to the published documentation under normal use and circumstances. User’s sole and exclusive remedy for any breach of this warranty is for Provider to use commercially reasonable efforts to correct the non-conformity or, if Provider cannot correct the non-conformity in a reasonable time, allow User to terminate the affected Subscription and receive a pro-rata refund of prepaid fees for the remainder of the Subscription Term.
8.2 Disclaimer of Warranties
EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 8.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND PROVIDER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PROVIDER MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR COMPLETELY SECURE.
8.3 Accuracy of AI-Generated Content
USER ACKNOWLEDGES THAT AI-BASED RESPONSES, ANALYSES, OR COURSES PROVIDED BY KNOWLEDGEXPERT, WORKFLOWS, APPLICATIONS, OR ANY OTHER MODULE ARE AUTOMATED AND MAY CONTAIN ERRORS OR OMISSIONS. USER AGREES THAT ALL INFORMATION OBTAINED THROUGH THE SERVICES SHOULD BE INDEPENDENTLY VERIFIED FOR ACCURACY, COMPLETENESS, AND RELIABILITY, ESPECIALLY FOR CRITICAL OR LEGALLY SIGNIFICANT MATTERS.
9. Limitation of Liability and Indemnification
9.1 Exclusion of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PROVIDER NOR ITS LICENSORS OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, NOR FOR ANY LOST PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR GOODWILL, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES.
9.2 Liability Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY USER TO PROVIDER FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9.3 Provider Indemnification
Provider shall defend User against any third-party claim alleging that the Services infringe a third party’s Intellectual Property Rights. If such a claim arises, or in Provider’s opinion is likely to arise, Provider may, at its sole option and expense: (a) modify the Services so they are non-infringing; (b) procure the right for User to continue using the Services; or (c) if neither is commercially reasonable, terminate the affected Subscription and provide a pro-rata refund of any prepaid, unused fees. Provider shall have no obligation under this Section 9.3 to the extent a claim is based on: (i) User Content or User KnowledgeBases; (ii) use of the Services in combination with data, software, or hardware not provided by Provider (including Third-Party KnowledgeBases); (iii) modifications to the Services made by anyone other than Provider; or (iv) User’s use of the Services in a manner that violates this Agreement. This Section 9.3 states Provider’s sole liability and User’s exclusive remedy for intellectual property infringement claims.
9.4 User Indemnification
User shall indemnify, defend, and hold Provider harmless from and against any and all third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) User Content or User KnowledgeBases; (b) User’s use of the Services in violation of this Agreement; or (c) any claim that User’s use of the Services (including Third-Party knowledgeBases and any Generated Output) violates applicable law or infringes the rights of a third party.
10. Term and Termination; Suspension of Services
10.1 Term
This Agreement commences on the date User first accepts it and continues until all Subscription Terms expire or are terminated in accordance with this Agreement.
10.2 Termination for Cause
Either party may terminate this Agreement immediately upon written notice if the other party (a) is in material breach of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice, or (b) becomes insolvent, makes a general assignment for the benefit of creditors, or a receiver is appointed over its assets.
10.3 Effect of Termination
Upon expiration or termination:
All rights granted to User under this Agreement shall cease.
User shall promptly cease all access and use of the Services.
Provider may delete or disable access to any User content or KnowledgeBases stored within the Services, except where legally prohibited.
Sections related to payment obligations, confidentiality, warranties and disclaimers, limitation of liability, and indemnification shall survive.
10.4 Suspension of Services
Provider may, in its sole discretion, immediately suspend User’s access to the Services (including specific KnowledgeBases) without notice if: (a) User is late on any payment; (b) Provider reasonably believes User is in breach of Section 2.3 (Restrictions) or Section 5.2 (Representations and Warranties); or (c) User’s use of the Services poses a security risk to the platform or other users. Suspension does not relieve User of its obligation to pay fees during the suspension period.
11. Export Compliance
User shall comply with all applicable export laws and regulations in using the Services. User represents and warrants that it is not located in any country or jurisdiction subject to U.S. or other applicable export restrictions.
12. Governing Law and Dispute Resolution
12.1 Governing Law
This Agreement shall be governed by and construed under the laws of the State of Alabama, without regard to its conflict of laws principles.
12.2 Dispute Resolution
Any dispute arising out of or relating to this Agreement shall be resolved through good faith negotiations. If not resolved, the dispute shall be submitted to binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in Jefferson County, Alabama, and proceedings shall be in English. Judgment on the arbitration award may be entered in any court having jurisdiction. Notwithstanding the foregoing, the requirement to arbitrate shall not apply to any actions brought by Provider: (a) seeking injunctive or other equitable relief to protect or enforce its Intellectual Property Rights; (b) to recover unpaid fees; or (c) related to User’s indemnification obligations under Section 9.4.
13. General
13.1 Assignment
User may not assign or transfer this Agreement without Provider’s prior written consent. Provider may assign this Agreement to an Affiliate or in connection with a merger, acquisition, or asset sale.
13.2 Entire Agreement
This Agreement, including any order forms and referenced policies (e.g., Privacy Policy), constitutes the entire agreement between the parties regarding the subject matter and supersedes any prior or contemporaneous negotiations or agreements.
13.3 Severability
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
13.4 No Waiver
A party’s failure to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision.
13.5 Notices
Any notice required or permitted under this Agreement shall be in writing and shall be considered given: (a) when delivered personally, (b) when sent by confirmed email, (c) one business day after being sent by a nationally recognized overnight courier, or (d) three business days after mailing by certified mail, return receipt requested.
13.6 Relationship of the Parties
The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, franchise, joint venture, fiduciary, or employment relationship.
13.7 Force Majeure
Provider shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, acts of government, war, civil unrest, or internet service disruptions.
14. Special Terms for KnowledgeXpert, Workflows, and Applications
14.1 KnowledgeXpert
Proprietary KnowledgeBases. User may create or acquire proprietary KnowledgeBases that integrate with KnowledgeXpert. User must ensure the content is owned or properly licensed and does not violate any third-party rights.
Innovation and Decision-Making. User acknowledges that KnowledgeXpert’s AI-driven insights are intended to supplement, not replace, professional judgment. Provider shall not be responsible for the outcome of decisions or strategies based on KnowledgeXpert recommendations.
14.2 TutorXpert
Personalized Learning. TutorXpert adapts lessons or question sets based on User input and progress. Any learning outcomes, certifications, or claims of mastery remain solely User’s responsibility.
Motivation and Gamification. TutorXpert may incorporate badges or scores. These gamification elements are provided for engagement purposes only and are not indicative of actual proficiency or accreditation.
14.3 Multiple Knowledge Base System and Method Patent Notice
Some aspects of the Services may be covered by pending or issued patents, and related common law or registered trademarks. User agrees not to challenge the Provider’s ownership or validity of such patents or trademarks.
14.4 System Use and Revenue Sharing
The Services may enable revenue distribution based on usage of KnowledgeBases created or licensed by User, subject to separate commercial agreements or Provider’s published revenue distribution rules. Provider reserves the right to modify or discontinue any revenue-sharing feature.
15. Final Provisions
15.1 User Warranty
User warrants that it has the authority to enter into this Agreement and that the performance of its obligations under this Agreement will not breach any agreement with any third party.
15.2 Updates to Agreement
Provider may update or modify this Agreement from time to time. If we do, we will post the revised Agreement on our website and update the “Last Updated” date. Your continued use of the Services after such modifications become effective will constitute acceptance of the updated terms.
15.3 Contact Information
If you have any questions about this Agreement, please contact us at:
Bear Creek, Inc.
1209 Orange Street, Wilmington, DE 19801
(334) 435-4933
BY USING THE SERVICES OR CLICKING “I AGREE,” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.
END OF AGREEMENT
Provider’s Privacy Policy
Effective Date: January 7, 2025
Last Updated: February 5, 2026
Bear Creek AI, INC. (“Provider,” “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, store, disclose, and protect your personal information when you use or interact with our software products and services, including but not limited to KnowledgeXpert, workflows, applications or other future products offered (collectively, the “Services”). It also explains your rights and choices regarding your personal information.
By using the Services or signing up for an account, you acknowledge that you have read and understood this Privacy Policy. If you do not agree with any part of this Privacy Policy, you should not access or use the Services.
1. Scope of this Privacy Policy
1.1 Who This Policy Applies To
This Privacy Policy applies to individuals and companies who access or use the Services as subscribers, end users, content owners, or authorized representatives of an organization.
This Privacy Policy also applies to visitors of our website, www.bearcreek.com, including information collected through cookies and similar technologies as described in Section 8.
1.2 Relation to Other Agreements
This Privacy Policy complements our Software License and Subscription Agreement (the “Agreement”). In the event of a conflict between this Privacy Policy and the Agreement, the terms of the Agreement will govern.
1.3 Acceptance
By using or accessing the Services, you are consenting to our collection, use, storage, and disclosure of your personal information as described in this Privacy Policy.
2. Information we collect
2.1 Personal Information You Provide Voluntarily
Account Registration Information: When you sign up for an account, we may collect personal details such as your name, email address, company name, billing information (included but not limited to credit card information) and any other contact details required to provide the Services.
KnowledgeBase and Content Submissions: If you upload or create KnowledgeBases, course materials, or tutor content, the specific data you include may contain personal information, but we only access or use that data if you expressly give us permission as outlined in Section 4 below or as otherwise allowed under this Privacy Policy.
Communication Information: If you contact us, we may collect the content of your messages, your email address, and any other information you choose to provide.
2.2 Information Collected Automatically
Usage Data: We may collect information about how you interact with the Services, such as the dates and times you access the platform, navigation paths, feature usage, and performance metrics.
Device and Log Data: We may collect technical information, such as your IP address, browser type, operating system, unique device identifiers, and log data (including access times, pages viewed, and the page you visited before navigating to our Services).
Cookies and Similar Technologies: We may use cookies, web beacons, and other similar technologies to collect information about your usage patterns, improve our Services, and remember your settings. Please see Section 8 (Cookies and Tracking Technologies) for more details.
2.3 Third-Party Sources
We may receive information from third parties—such as payment processors, resellers, marketing partners, or analytics providers—to supplement the information we collect, subject to those third parties’ privacy policies.
3. How we use your information
3.1 Provision of Services
We use your information to provide, maintain, and improve the Services, including:
Creating and managing your user account.
Processing subscription payments.
Providing technical support and responding to inquiries.
Customizing user experience based on account settings and preferences.
3.2 Service Enhancements and Analytics
We analyze usage trends and performance to improve and optimize the Services. Any data used for analytics is aggregated or anonymized to the greatest extent possible, so it does not identify you individually.
3.3 Communications
We may send you administrative or transactional communications (e.g., support messages, updates to the Services, changes to our Agreement or this Privacy Policy). You can opt out of promotional communications at any time by following the unsubscribe instructions included in each email or by contacting us directly.
3.4 Legal Compliance and Enforcement
We may use or disclose your information as required by law, or if we have a good-faith belief that such use or disclosure is necessary to comply with any applicable laws, regulations, legal processes, or enforceable governmental requests. We may also use your information to protect our rights, property, or safety, and that of our users or others.
4. How we use subscribers’ data and KnowledgeBases
4.1 Data in KnowledgeBases
By default, we do not use, access, or review the subscriber’s data contained in KnowledgeBases unless you explicitly grant us permission for troubleshooting or specific Services (e.g., advanced analytics, collaborative KnowledgeBase sharing, or product enhancements).
4.2 User Consent for Data Access
Troubleshooting and Support: We will only access KnowledgeBases or other user-submitted data for troubleshooting purposes if you provide consent via a specific request or authorization.
Product Improvements: If you choose to opt in, you may grant us the right to use some or all of your data for improving and refining our AI models or algorithms. This is strictly voluntary, and you can withdraw this permission at any time by written communication.
Anonymization: If you grant us permission to analyze your data, we will de-identify and aggregate such data wherever feasible to protect your privacy.
4.3 No Unauthorized Use
We will never sell, lease, or monetize your KnowledgeBase content or personal data to third parties without your express consent, except as required by law.
5. How we share your information
5.1 Service Providers
We may share your information with trusted service providers who assist us in delivering the Services (e.g., payment processors, hosting services, analytics providers). These entities are authorized to use your personal information only as necessary to provide services to us and are obligated to maintain confidentiality.
5.2 Affiliates and Business Transfers
We may share or transfer your information with our subsidiaries, parent companies, or affiliates. In the event of a merger, acquisition, reorganization, bankruptcy, or sale or transfer of all or a portion of our assets, your information may be transferred as part of that transaction, subject to any applicable privacy and data protection rights.
5.3 Legal Obligations
We may disclose your information if required to do so by law, regulation, or legal process, or if necessary to respond to lawful requests, such as subpoenas or court orders.
5.4 Consent
We may share information for other purposes, provided we have your consent or if it is de-identified or aggregated such that it cannot reasonably be used to identify you.
6. Data Retention
6.1 Retention Period
We will retain your personal information for as long as your account is active or as needed to provide you with the Services. We may also retain your information for a reasonable period to comply with legal obligations, resolve disputes, enforce our agreements, and for legitimate business interests.
6.2 Deletion of Data
Upon your request or account termination (as outlined in the Agreement), we will delete or anonymize your personal information, unless we are legally required or have a legitimate interest to retain certain information.
7. Your Rights and Choices
7.1 Access, Correction, and Deletion
You have the right to access, correct, or delete your personal information held by us. You can typically do this by logging into your account settings or contacting us through a support form.
7.2 Withdrawal of Consent
If at any point you wish to withdraw consent to any data use you’ve previously authorized (including data use for improvement of the Services), you can do so by updating your settings or contacting us. This will not affect the lawfulness of any processing based on consent before its withdrawal.
7.3 Complaints
If you are located in certain jurisdictions (e.g., the European Economic Area), you may have the right to lodge a complaint with a supervisory authority regarding our data collection and use practices.
8. Cookies and Tracking Technologies
8.1 Cookies
We use cookies and similar technologies on our website and within the Services to keep the site secure, remember your preferences, understand how visitors use our site, and support our marketing. When you first visit www.bearcreek.com, a consent banner lets you accept or reject non-essential cookies before any are set. Analytics and marketing cookies are only placed after you opt in.8.2 Types of Cookies Used
Strictly Necessary Cookies: Required for basic site functionality, security, and to remember your cookie choices. These are always active.
Analytics Cookies: Help us understand how visitors use our site so we can improve it. Set only with your consent. Providers: Google Analytics, Google Tag Manager, Microsoft Clarity, and PostHog.
Marketing Cookies: Allow us to recognize you across visits and connect your activity with our customer relationship management system so we can follow up relevantly. Set only with your consent. Provider: HubSpot.
A complete list of the specific cookies we use, including their purposes and expiration periods, is available in the Cookie Preferences panel accessible via the cookie icon in the lower-left corner of any page.
8.3 Managing Cookies
You can change or withdraw your consent at any time by clicking the cookie icon in the lower-left corner of any page on our website. Your choices are stored for 12 months, after which we will ask again. You can also remove or block cookies through your browser settings, though disabling strictly necessary cookies may limit site functionality.
9. Security Measures
9.1 Data Security
We employ administrative, physical, and technical safeguards to protect your information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.
9.2 Limitation of Liability
Although we work hard to protect your privacy, no data transmission or storage system can be guaranteed to be 100% secure. Consequently, we cannot and do not guarantee the absolute security of your personal information.
10. International Data Transfers
If you choose to use the Services from regions of the world with laws governing data collection and use that differ from your home country, please note that we may transfer your information to the United States or other jurisdictions for processing and storage.
11. Children’s Privacy
Our Services are not directed to individuals under the age of 13/16/18/19—depending on jurisdiction. We do not knowingly collect personal information from children. If you believe that a child under the relevant minimum age has provided us with personal information, please contact us, and we will promptly investigate and take appropriate action.
12. Changes to this Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. If we make material changes, we will provide notice through the Services or by other means and indicate the date of the latest revision at the top of this page. Your continued use of the Services after the updated Privacy Policy becomes effective indicates that you have read, understood, and agreed to the current version.
13. Contact Us
If you have questions or concerns about this Privacy Policy or our data practices, please contact us at:
Bear Creek, Inc.
1209 Orange Street, Wilmington, DE 19801
(334) 435-4933
BY CONTINUING TO USE OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY AND AGREE TO ITS TERMS.
END OF PRIVACY POLICY