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Terms of Service

Welcome to Kluvos! These Terms of Service (“Terms”) govern your use of the services provided by Kluvos (“Company,” “we,” “our,” or “us”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By signing up for, accessing, or using our services, you accept and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Services Provided

Kluvos provides advanced data processing services that enhance marketing performance through user recognition, proprietary algorithms, and machine learning. Our services are designed to help you increase sales, improve email productivity, and gain greater clarity on marketing performance.

3. Eligibility

To use our services, you must be at least 18 years old and capable of forming a binding contract with Kluvos. By using our services, you represent and warrant that you meet these eligibility requirements.

4. Account Registration

You must create an account to access certain features of our services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Fees and Payment

Kluvos offers a free trial period that allows you to experience the value of our services without any obligation or need to provide credit card information. After the trial period ends, your continued use of our services will be subject to our pricing model, which is based on your business's annual revenue.

The specific terms, including applicable fees and payment schedules, will be communicated to you prior to the end of your trial period. By continuing to use our services after the trial period, you agree to the applicable fees and payment terms.

Kluvos reserves the right to modify its pricing and payment terms. Any changes will be communicated to you in advance and will take effect at the start of your next billing cycle.

6. Data Processing Agreement (DPA)

By using our services, you agree to the terms of our Data Processing Agreement (DPA), which is incorporated by reference into these Terms. The DPA governs the processing of personal data on your behalf and forms an integral part of your agreement with Kluvos.

7. Use of Services

You agree to use our services in accordance with these Terms and applicable laws and regulations. You shall not:

  • Use the services for any illegal or unauthorized purpose.
  • Attempt to gain unauthorized access to any portion of our services.
  • Interfere with or disrupt the integrity or performance of our services.

8. Intellectual Property

All intellectual property rights in the services, including but not limited to trademarks, logos, and content, are owned by Kluvos or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the services for your internal business purposes.

9. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary information and trade secrets disclosed during the course of their relationship. This obligation will continue for as long as such information remains confidential.

10. Data Privacy and Security

We are committed to protecting your privacy and data security. Our Privacy Policy outlines how we collect, use, and protect your personal information. By using our services, you agree to our Privacy Policy.

11. Consent and Merchant Responsibility

Kluvos provides tools that allow merchants to configure their tracking scripts in a privacy-compliant manner, including the ability to delay or condition the activation of analytics until a consent mechanism fires. Each merchant is solely responsible for obtaining any required end-user consent under applicable privacy or data-protection laws and for correctly implementing consent-control tools such as cookie banners or privacy frameworks.

By enabling Kluvos tracking or related analytics features, you represent and warrant that your website provides all required notices and obtains all necessary consents to permit Kluvos to collect and process data on your behalf. Kluvos disclaims any liability for a merchant’s failure to implement or maintain a valid consent mechanism.

If you operate in regions with specific privacy requirements (including but not limited to the European Union, United Kingdom, New Zealand, and certain U.S. states), you acknowledge that you—not Kluvos—determine the legal basis for processing and are responsible for maintaining compliance with such regulations.

12. Limitation of Liability

To the fullest extent permitted by law, Kluvos shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use our services.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from our services.
  • Any bugs, viruses, or the like that may be transmitted to or through our services by any third party.

13. Indemnification

You agree to indemnify, defend, and hold harmless Kluvos and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the services.
  • Your violation of any term of these Terms.
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right.

14. Termination

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

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of State of Oregon, without regard to its conflict of law provisions.

16. Dispute Resolution

Any dispute arising out of or in connection with these Terms shall be resolved through binding arbitration in Albany, Oregon, in accordance with the rules of American Arbitration Association (AAA). The decision of the arbitrator shall be final and binding on the parties.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or through a notice on our website. Your continued use of the services after such modifications will constitute your acknowledgment and agreement to the modified Terms.

18. Miscellaneous

  • Entire Agreement: These Terms, along with the DPA and Privacy Policy, constitute the entire agreement between you and Kluvos.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

19. Contact Information

If you have any questions about these Terms, please contact us at support@kluvos.com.

By signing up for or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.