Last Update: Aug, 19th, 2024
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.
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.
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.
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.
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.
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.
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.
You agree to use our services in accordance with these Terms and applicable laws and regulations. You shall not:
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.
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.
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.
Our services are provided "as is" and "as available," without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
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:
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:
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.
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.
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.
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.
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.