Terms of Service

1. Acceptance of Terms

By accessing or using CloviAnalytics ("Service"), operated by CloviTek AI ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and CloviTek AI.

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, and references to "you" shall include that organization.

2. Description of Service

CloviAnalytics is a web-based analytics and behavioral data platform that enables users to collect, process, visualize, and act on data from their digital properties. The Service includes dashboard tools, event tracking, session recording, funnel analysis, audience segmentation, and reporting capabilities.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice where practicable.

3. Account Registration and Security

You must register an account to access the Service. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your login credentials confidential and not share them with third parties
• Notify us immediately of any unauthorized access or suspected breach at legal@clovitek.com
• Accept responsibility for all activity conducted under your account

We reserve the right to suspend or terminate accounts that show signs of unauthorized use or that violate these Terms.

4. Permitted Use and Restrictions

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service to collect data in violation of any applicable law, including privacy and consumer protection laws
• Track individuals without providing required notices and obtaining required consents under applicable law
• Collect personal data of children under 13 (or 16 in the EU/EEA) without verifiable parental consent
• Circumvent or disable any security features, rate limits, or access controls
• Reverse-engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or otherwise transfer access to the Service without our written consent
• Use the Service to send unsolicited commercial communications or engage in any form of spam
• Introduce viruses, malware, or other harmful code into the Service
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

5. Cookie and Behavioral Tracking Obligations

• Maintaining a publicly accessible, accurate cookie policy on any property where the Service tracking code is deployed
• Displaying a compliant cookie consent banner before any non-essential cookies or tracking scripts are activated for users in jurisdictions that require prior consent (including the EU/EEA under ePrivacy Directive / GDPR, UK PECR, and similar laws)
• Obtaining valid, freely given, specific, informed, and unambiguous consent from your end users before activating behavioral tracking, session recording, or analytics features where consent is required
• Providing your end users with clear information about the categories of data collected, the purposes of tracking, and how long data is retained
• Honoring opt-out requests from your end users and propagating those signals to the Service via the provided consent API or tag manager integrations
• Ensuring your use of the Service complies with GDPR, CCPA/CPRA, PECR, and all other applicable data protection and privacy laws in the jurisdictions where you operate

CloviTek AI acts as a data processor on your behalf when processing end-user behavioral data. The Data Processing Agreement available at legal@clovitek.com governs that relationship. You remain the data controller and bear primary compliance responsibility toward your end users.

6. Your Data and Content

You retain all ownership rights to the data you upload, import, or generate through the Service ("Your Data"). You grant CloviTek AI a limited, non-exclusive, worldwide license to store, process, and display Your Data solely to provide and improve the Service.

You represent and warrant that:

• You have all necessary rights, consents, and permissions to provide Your Data to the Service
• Your Data does not infringe any third-party intellectual property, privacy, or other rights
• You have provided all legally required notices and obtained all legally required consents from individuals whose data is included in Your Data

7. Intellectual Property

The Service, including its software, design, trademarks, and content (excluding Your Data), is owned by CloviTek AI and protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership rights in the Service to you. You are granted a limited, non-exclusive, non-transferable license to access and use the Service during the term of your subscription.

Any feedback, suggestions, or ideas you provide regarding the Service may be used by CloviTek AI without restriction or compensation.

8. Fees, Billing, and Subscriptions

Access to certain features requires a paid subscription. Fees are billed in advance on a recurring basis (monthly or annually) as selected at signup. All fees are non-refundable except as required by applicable law or as expressly stated in our refund policy.

We reserve the right to change pricing with at least 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing. You are responsible for all applicable taxes, which may be added to your invoice.

9. Termination and Data Retention

Either party may terminate the agreement at any time. Upon termination:

• Your access to the Service will cease immediately or at the end of the current billing period (depending on plan terms)
• You have 30 days to export Your Data via the data export tools provided in the Service
• After the 30-day export window, we will securely delete Your Data, including all collected behavioral and analytics data, except as required by applicable law or our standard backup retention schedule
• Aggregated, anonymized analytics that cannot be attributed to any individual or to your account may be retained

We may terminate or suspend your account immediately for material breach of these Terms, including any conduct that we reasonably determine creates legal risk for CloviTek AI or third parties.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT ANALYTICS DATA WILL BE COMPLETE OR ACCURATE.

Analytics reports, insights, and data visualizations provided by the Service are for informational purposes only. CloviTek AI does not guarantee the accuracy of any data collected or reported. You should independently verify critical business decisions before acting on analytics outputs.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLOVITEK AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CLOVITEK AI'S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS (USD $100).

12. Indemnification

You agree to indemnify, defend, and hold harmless CloviTek AI and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including privacy and data protection laws; or (d) any data you provide to or collect through the Service.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. Any disputes arising from or related to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

Notwithstanding the foregoing, CloviTek AI reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice in the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes.

15. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Data Handling and Deletion Schedule, constitute the entire agreement between you and CloviTek AI regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.
• Contact: legal@clovitek.com