Terms of Service

1. Definitions

2. Eligibility and Accounts

You must be at least 18 years old and have the authority to bind your organization to use the Services. You agree to provide accurate registration information, keep it current, and keep your account credentials confidential. You are responsible for all activity occurring under your account, whether or not authorized by you, except to the extent such activity results from our breach of this Agreement.

3. The Services

The Services give Customer a unified, first-party view of its own End Users by combining marketing attribution, product and behavioural analytics, audience segmentation, and cross-platform customer journey measurement — including web-to-app and app-to-web journeys — with multi-channel engagement capabilities, including push notifications, under a single integration. We will provide the Services with reasonable skill and care, consistent with the functionality described on our website, our documentation, and any applicable Order.

We may modify, improve, or retire features of the Services from time to time. If a change materially reduces the core functionality Customer has subscribed to under an active Order, we will provide Customer with reasonable advance notice.

We may temporarily suspend the Services for scheduled maintenance, emergency security work, or to address a suspected violation of this Agreement, and will provide advance notice where reasonably possible except where the risk requires immediate action.

4. Trials and Free Access

We may, at our discretion, offer a free trial or a limited free tier of the Services for a defined period or usage volume (a "Trial"). A Trial automatically ends when its time or volume limit is reached, or earlier if either party terminates it. Either party may end a Trial at any time without liability to the other. Services provided under a Trial are offered "as is," without the warranties set out in Section 12, except where such exclusion is not permitted by law or in cases of our willful default.

5. Customer's Use of the Services

Customer agrees to:

• implement the Attrivo SDK, tags, and any updates we reasonably require within a commercially reasonable time of notice, particularly where the update addresses a security or compliance issue;
• follow our published integration and implementation guidelines;
• obtain all consents, present all notices, and honour all End User rights required under applicable data protection and e-privacy law before collecting any End User data through the Services, including for the collection of device or advertising identifiers, cross-app tracking, and the sending of push notifications;
• configure and use the Services in a manner consistent with the platform policies of any relevant app store or operating system provider (including consent frameworks such as Apple's App Tracking Transparency and equivalent Android requirements); and
• not use the Services to process special categories of personal data (such as health, biometric, precise geolocation used for sensitive inferences, or financial account data) unless expressly agreed with us in writing and subject to any additional safeguards we may require.

Customer must not: resell, sublicense, or provide the Services to any third party outside its own organization, agencies, or affiliates without our prior written consent; use the Services to send unsolicited communications in violation of applicable anti-spam, telecom, or do-not-disturb regulations; attempt to reverse-engineer, decompile, or extract the underlying source code of the Services; or use the Services in a manner that could disable, overburden, or impair our infrastructure or that of our other customers.

Customer may permit Authorized Users to access its account and remains responsible for their compliance with this Agreement as if their acts and omissions were its own.

6. Data Protection and Privacy

Attrivo processes Customer Data as a processor/data fiduciary's service provider (as those roles are understood under the DPDP Act and, where applicable, GDPR), acting on Customer's documented instructions as set out in this Agreement and any applicable Order. Where required by applicable law, the parties will enter into a data processing addendum, which will form part of this Agreement upon execution.

Customer is solely responsible for: (a) determining the lawful basis for, and obtaining, any consent required from End Users prior to data collection through the Services; (b) responding to End User requests to exercise their data protection rights, including access, correction, and erasure requests, with our reasonable technical assistance; and (c) ensuring its own privacy notices accurately describe its use of the Services.

We will implement and maintain appropriate technical and organizational security measures designed to protect Customer Data against unauthorized access, loss, or disclosure. If we become aware of a confirmed breach of security leading to the unauthorized disclosure of Customer Data, we will notify Customer without undue delay and provide reasonably available information to help Customer meet its own regulatory notification obligations.

7. Engagement and Push Notification Compliance

Where Customer uses the Services to send push notifications or other engagement messages to End Users, Customer is solely responsible for ensuring that such messages comply with applicable telecommunications, commercial-messaging, and do-not-disturb regulations, and that End Users have a functioning mechanism to opt out of further messages. We will provide the technical means to honour opt-out requests submitted through our platform, but Customer remains responsible for the content, targeting, frequency, and lawful basis of each message it sends.

8. Fees and Payment

Fees for the Services are as set out in the applicable Order. Unless stated otherwise, fees are billed in advance on a monthly or annual basis and are non-refundable once a billing period has started. We may revise our pricing for future billing periods with at least 30 days' written notice. All fees are exclusive of applicable taxes, which Customer is responsible for unless Customer provides a valid exemption certificate. We may suspend the Services following reasonable notice in the event of a late or failed payment that remains uncured.

9. Ownership and Data Rights

We retain all right, title, and interest in the Services, including our software, dashboards, documentation, models, and any underlying technology, methodologies, and improvements, whether or not developed specifically for Customer. Nothing in this Agreement transfers any such rights to Customer beyond the limited right described in Section 10.

Customer retains all right, title, and interest in Customer Data, including End User data it has lawfully collected and any reports or exports derived from it. Customer grants us a limited right to host, process, transmit, and display Customer Data solely to provide and support the Services. We may use aggregated and anonymized data that cannot reasonably be used to identify any individual, device, or Customer to improve our products, benchmark performance, and develop new features.

10. License Grant

Subject to this Agreement and timely payment of applicable fees, we grant Customer a non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the term of the applicable Order, solely for Customer's own internal business purposes.

11. Confidentiality

Each party may receive confidential or proprietary information of the other party in connection with this Agreement. Each party agrees to use the other's confidential information solely to perform its obligations under this Agreement, to protect it with at least the same degree of care it uses to protect its own confidential information of similar importance, and not to disclose it to third parties except to employees, contractors, or advisors who need it and are bound by confidentiality obligations at least as protective as those in this Agreement, or as required by law, provided the disclosing party is given reasonable notice where legally permissible.

12. Warranties and Disclaimers

Each party warrants that it has the legal authority to enter into this Agreement. Except for this limited warranty, the Services, our SDKs, APIs, dashboard, documentation, and all data, reports, scores, and outputs generated through the Services are provided strictly on an "as is" and "as available" basis, without warranty of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, or that the Services will be error-free. To the extent any such warranty cannot lawfully be excluded, it is limited to the shortest period and narrowest scope permitted by applicable law.

Attribution, analytics, segmentation, and journey-measurement outputs depend on third-party platforms, networks, operating systems, device settings, End User consent choices, and Customer's own implementation of the SDK, all of which are outside our control. Accordingly, we do not represent or warrant the accuracy, completeness, reliability, or timeliness of any data, report, or output made available through the Services, and Customer assumes sole responsibility for any business, marketing, financial, or other decision made in reliance on it. Any discrepancy between our reporting and that of a third-party advertising network, app store, or other platform is not a breach of this Agreement.

Features, modules, or functionality that we make available at no additional charge, on a free tier, as part of a Trial, or on a beta, pilot, or early-access basis are provided with no warranty whatsoever, may be modified or withdrawn at any time without notice, and are used entirely at Customer's own risk.

13. Limitation of Liability

Customer's use of the Services is at its own risk, to the maximum extent permitted by applicable law. In no event will Attrivo be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunity, goodwill, or data, or the cost of substitute services, arising out of or related to this Agreement or the Services, whether based in contract, tort, strict liability, or otherwise, and regardless of whether Attrivo has been advised of the possibility of such damages and regardless of whether a remedy set out in this Agreement fails of its essential purpose.

Attrivo will not be liable for any acts, omissions, downtime, or data inaccuracies of any third-party network, platform, operating-system provider, telecom carrier, or other service that Customer chooses to integrate with, or that interoperates with, the Services, nor for Customer's or any Authorized User's misuse or misconfiguration of the Services, SDK, or APIs.

Subject to the following sentence, Attrivo's entire cumulative liability arising out of or relating to this Agreement, however arising, will not exceed the total fees actually paid by Customer to Attrivo in the six (6) months immediately preceding the event giving rise to the claim. This cap will not apply only where, and to the minimum extent that, applicable law does not permit such a limit, or in the case of Attrivo's fraud.

This Section 13 reflects an agreed allocation of risk between the parties and is a fundamental basis of the fees charged for the Services; the Services would not be offered on these commercial terms without it.

14. Indemnification

Customer agrees to defend, indemnify, and hold harmless Attrivo and its officers, directors, employees, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) Customer's or any Authorized User's use of the Services; (b) Customer's or any Authorized User's breach of Section 5 (Customer's Use of the Services) or any other provision of this Agreement; (c) Customer's violation of applicable data protection, telecom, consumer-protection, or anti-spam law, including in connection with End User consent, push notifications, or messaging; (d) any End User claim relating to the collection or processing of their data through the Services as implemented by Customer; and (e) any dispute between Customer and a third-party network, platform, or partner with which Customer has chosen to integrate the Services.

Attrivo's sole obligation with respect to any claim that the Services, as provided by us and used strictly in accordance with this Agreement, infringe a third party's intellectual property rights, is, at our option and expense, to: (i) procure the right for Customer to continue using the affected part of the Services; (ii) modify or replace the affected part to make it non-infringing; or (iii) terminate the affected Order and refund any prepaid, unused fees. This is Customer's exclusive remedy for any such claim, and this obligation does not extend to any claim arising from Customer Data, Customer's combination of the Services with other products, or Customer's use of the Services outside the scope of this Agreement.

15. Term, Termination, and Survival

This Agreement remains in effect for as long as an Order is active, plus any period during which Customer continues to access the Services. Either party may terminate this Agreement for the other party's uncured material breach upon 30 days' written notice describing the breach, if it remains uncured at the end of that period. We may suspend or terminate access immediately in cases of suspected fraud, security risk, or a violation of Section 5 that creates legal exposure for us or our other customers.

Upon termination, Customer's right to access the Services ends, and we will make Customer Data available for export for 30 days following termination, after which it will be deleted or anonymized in accordance with our data retention practices, unless a longer retention period is required by law. If Customer is on a free tier, Trial, or has not used the Services for 60 consecutive days, we may suspend the account, stop data collection, and remove the associated Customer Data at any time, with or without prior notice, and without any liability to Attrivo. Sections 6, 9, 11, 12, 13, 14, this Section 15, and Sections 18 and 19 survive termination or expiry of this Agreement.

16. Force Majeure

Neither party will be liable for any delay or failure to perform its obligations (other than payment obligations) resulting from causes beyond its reasonable control, including acts of God, natural disaster, war, civil unrest, act of government, labour dispute, internet or telecommunications failure, or failure of a third-party hosting or connectivity provider, provided the affected party uses reasonable efforts to mitigate the impact and resumes performance promptly once the cause is resolved.

17. Beta and Preview Features

We may from time to time make available features, modules, or functionality labelled as beta, preview, or early access. Such features are provided for evaluation purposes only, may be changed or discontinued at any time, and are provided "as is" without the warranties in Section 12, unless the parties agree otherwise in writing.

18. Changes to This Agreement

We may update this Agreement from time to time to reflect changes in the Services or applicable law. We will provide at least 30 days' notice of material changes by email or through the dashboard before they take effect. If Customer objects to a material change, Customer may terminate the affected Order effective as of the change's effective date by notifying us in writing within that notice period; continued use of the Services after the effective date constitutes acceptance of the updated Agreement.

19. Governing Law and Jurisdiction

This Agreement is governed by the laws of India, without regard to its conflict of laws principles. Subject to Section 20, the parties submit to the exclusive jurisdiction of the competent courts located in Bangalore, Karnataka, India for any dispute arising out of or relating to this Agreement, and each party waives any objection to that venue on grounds of inconvenience or otherwise.

20. Dispute Resolution

The parties will first attempt in good faith to resolve any dispute arising out of or relating to this Agreement through discussions between their respective senior representatives within 30 days of a written request. If the dispute is not resolved within that period, either party may pursue its remedies before the courts identified in Section 19, or, if the parties separately agree in writing, through arbitration seated in Bangalore, Karnataka, India under the Arbitration and Conciliation Act, 1996.

21. General

22. Contact

Questions about this Agreement can be directed to: