Terms of Service

Effective Date: November 1, 2024

These Terms of Service ("Terms") govern your access to and use of Clayva's analytics platform, website, and related services (collectively, the "Service") provided by Clayva, Inc. ("Clayva," "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, then you may not access the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

Clayva provides a visual analytics platform that enables users to track, analyze, and visualize data. The Service includes:

• Web-based analytics dashboard and infinite canvas interface
• Data collection and processing capabilities
• SDKs and APIs for integration
• Experimentation and feature flag management
• Reporting and visualization tools
• Collaboration features
• Related documentation and support services

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. Account Registration

To use certain features of the Service, you must register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Immediately notify us of any unauthorized use of your account

You must be at least 16 years old to create an account. We reserve the right to refuse service, terminate accounts, or remove content at our discretion.

4. Use of Service

Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to:

• Comply with all applicable laws and regulations
• Use the Service only for its intended purpose
• Respect the rights of other users
• Maintain appropriate security measures for your data

Prohibited Use

You agree NOT to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to any systems
• Interfere with or disrupt the Service or servers
• Use the Service to collect personal information without consent
• Engage in any activity that could damage our reputation
• Resell or redistribute the Service without authorization
• Use automated systems or bots without permission
• Exceed any rate limits or usage restrictions

5. Payment Terms

Certain features of the Service require payment. By subscribing to a paid plan, you agree to:

• Pay all applicable fees according to your selected plan
• Provide valid payment information
• Authorize us to charge your payment method
• Pay fees in advance on a monthly or annual basis

Billing: Subscription fees are billed in advance on a recurring basis. We may change our fees upon 30 days' notice.

Refunds: Subscription fees are non-refundable except as required by law or as explicitly stated in our refund policy.

Overages: Usage beyond your plan limits may result in additional charges or service restrictions.

6. Intellectual Property

The Service and its original content, features, and functionality are owned by Clayva and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Clayva Property: We retain all rights to our trademarks, logos, product names, code, designs, and all other intellectual property associated with the Service.

Feedback: Any feedback, suggestions, or ideas you provide about the Service become our property and may be used without compensation to you.

7. User Content

Your Content: You retain ownership of any data, content, or materials you upload or transmit through the Service ("User Content").

License Grant: By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely to provide the Service to you.

Responsibility: You are solely responsible for your User Content and the consequences of uploading or publishing it. We do not endorse any User Content.

Prohibited Content: You may not upload content that:

• Is illegal, harmful, threatening, abusive, or defamatory
• Violates privacy rights or contains personal information without consent
• Infringes on intellectual property rights
• Contains malware or harmful code
• Is false, misleading, or fraudulent

8. Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

9. Third-Party Services

The Service may contain links to or integrate with third-party services. We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk and subject to their terms and conditions.

10. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• The Service will meet your specific requirements
• Any errors in the Service will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLAYVA 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 ARISING FROM YOUR USE OF THE SERVICE.

In no event shall our aggregate liability exceed the greater of $100 USD or the amount you paid us in the twelve months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Clayva, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

13. Termination

Termination by You: You may terminate your account at any time through your account settings or by contacting support.

Termination by Us: We may terminate or suspend your account immediately, without prior notice, if:

• You breach these Terms
• You fail to pay applicable fees
• We are required to do so by law
• We discontinue the Service

Effects of Termination: Upon termination, your right to use the Service will cease immediately. We may delete your data after a reasonable retention period.

14. Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California.

16. Dispute Resolution

Informal Resolution: Before filing a claim, you agree to try to resolve disputes informally by contacting us at legal@clayva.com.

Arbitration: Any disputes not resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. Arbitration shall be conducted in San Francisco, California.

Class Action Waiver: You agree to resolve disputes only on an individual basis and waive any right to bring or participate in any class or collective action.

17. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and Clayva regarding the Service.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in effect.

Waiver: Our failure to enforce any provision shall not constitute a waiver of that or any other provision.

Assignment: You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

Force Majeure: We shall not be liable for any delay or failure due to causes beyond our reasonable control.

18. Contact Information

For questions about these Terms of Service, please contact us at: