Terms of Service

Please read these Terms of Service ("Terms") carefully before using the Convertive website at tryconvertive.com and the Convertive customer activation platform ("Service") operated by Convertive ("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.

1. Acceptance of Terms

By accessing the Service, you confirm that you are at least 18 years of age, have read and understood these Terms, and have the authority to enter into this agreement on behalf of yourself or your organization. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Convertive provides a real-time customer activation platform for ecommerce businesses, including anonymous visitor identification, session-aware audience segmentation, AI-powered decisioning, journey orchestration, and conversion analytics ("Service"). The Service is provided on a subscription basis as described in your order or agreement with Convertive.

3. Accounts and Registration

When you create an account with us, you must provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that your account information remains accurate and up to date

We reserve the right to suspend or terminate accounts that provide inaccurate information or violate these Terms.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe the intellectual property rights of any third party
• Transmit any harmful, offensive, or unlawful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Service
• Collect or harvest personal information without appropriate consent
• Use the Service for any fraudulent or deceptive purposes
• Reverse-engineer, decompile, or otherwise attempt to derive source code from the Service

5. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Convertive and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Convertive.

You retain all rights to data you upload or generate through the Service ("Customer Data"). By using the Service, you grant Convertive a limited, non-exclusive license to process Customer Data solely to provide and improve the Service.

6. Payment and Billing

Subscription fees are billed in advance on a monthly or annual basis as agreed in your order. All fees are non-refundable except as expressly stated in a separate agreement or as required by applicable law.

We reserve the right to modify pricing with 30 days' advance notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

7. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. This obligation does not apply to information that is publicly available, independently developed, or disclosed with prior written consent.

8. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONVERTIVE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless Convertive and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Service.

11. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by contacting us at info@tryconvertive.com. Termination does not entitle you to any refund of prepaid fees.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in the United States.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the "Last updated" date at the top of this page and, where appropriate, by notifying you via email. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

14. Contact Us

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