Terms of Service
Effective 2026
These Terms of Service ("Agreement" or "Terms") constitute a legally binding agreement between Attrivo, Inc. ("Attrivo," "we," "our," or "us") and the entity or individual ("Customer," "you," or "your") accessing or using Attrivo's mobile attribution, analytics, and marketing intelligence platform (the "Services"). By accessing the Services, executing an Order Form, or clicking to accept these Terms, you agree to be bound by this Agreement.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.
1. Definitions
"Affiliate" means any entity that controls, is controlled by, or is under common control with the applicable party.
"Attribution Data" means data generated through the Services that identifies or attributes a user action, conversion, or event to a specific marketing channel or campaign.
"Authorized User" means an employee or contractor of Customer who is authorized by Customer to access the Services under Customer's account.
"Confidential Information" means any non-public, proprietary, or sensitive information disclosed by one party to the other under this Agreement that is marked as confidential or that a reasonable party would understand to be confidential.
"Customer Data" means data, content, or materials that Customer or its Authorized Users submit to the Services, including data transmitted through Attrivo's SDKs, APIs, or integrations.
"Documentation" means the technical documentation, user guides, and specifications published by Attrivo related to the Services.
"Order Form" means any written or electronic order, statement of work, or subscription form executed between the parties that incorporates these Terms.
"Platform" means Attrivo's proprietary software platform, dashboard, APIs, SDKs, and associated tools made available as part of the Services.
"Services" means Attrivo's marketing attribution, analytics, measurement, and reporting services, as described in the applicable Order Form and Documentation.
"Subscription Term" means the period of time during which Customer is authorized to use the Services, as set forth in the Order Form.
2. Access to Services
2.1 License Grant
Subject to Customer's compliance with this Agreement and timely payment of applicable fees, Attrivo grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license during the Subscription Term to access and use the Services solely for Customer's internal business purposes.
2.2 Authorized Users
Customer may authorize its employees and contractors to access the Services as Authorized Users. Customer is responsible for: (a) ensuring Authorized Users comply with this Agreement; (b) managing and revoking user access promptly when no longer appropriate; and (c) maintaining the confidentiality of login credentials. Customer is liable for all actions taken through its account.
2.3 Restrictions
Customer shall not, and shall not permit any third party to:
- License, sublicense, sell, resell, transfer, assign, or otherwise commercialize the Services to any third party
- Reverse engineer, decompile, disassemble, or attempt to derive source code from the Platform
- Modify, adapt, or create derivative works based on the Services
- Use the Services to develop a competing product or service
- Circumvent or disable any security, usage monitoring, or access control mechanisms
- Use the Services to process data in violation of applicable law or in a manner that infringes third-party rights
- Introduce malicious code, viruses, or disruptive technologies into the Platform
- Access the Services by any means other than through Attrivo's authorized interfaces
3. Customer Data and Responsibilities
3.1 Ownership of Customer Data
As between the parties, Customer retains all ownership rights in and to Customer Data. Customer grants Attrivo a limited, non-exclusive license to use, process, and transmit Customer Data solely as necessary to provide the Services.
3.2 Customer Warranties
Customer represents and warrants that: (a) Customer has the right and authority to submit Customer Data to the Services; (b) Customer Data and its use in connection with the Services will not violate any applicable law, regulation, or third-party rights; (c) Customer will obtain all necessary consents from end users for Attrivo to process data on Customer's behalf; and (d) Customer has implemented and maintains a lawful privacy policy covering its collection and use of user data.
3.3 Prohibited Data
Customer shall not submit to the Services any data that: (a) constitutes sensitive personal data (such as health, financial, or biometric data) unless expressly authorized in writing by Attrivo; (b) relates to children under the age of 13 (or the applicable age of digital consent in relevant jurisdictions); (c) Customer does not have the right to transmit; or (d) is subject to heightened legal protections that would impose obligations on Attrivo beyond those agreed in this Agreement.
3.4 Data Processing
To the extent Attrivo processes personal data on behalf of Customer in connection with the Services, the parties shall execute a separate Data Processing Agreement ("DPA"), the terms of which are incorporated herein by reference. In the event of conflict between the DPA and these Terms on data privacy matters, the DPA shall govern.
4. Fees and Payment
4.1 Subscription Fees
Customer agrees to pay all fees set forth in the applicable Order Form. Fees are due and payable in accordance with the billing schedule stated in the Order Form, or if not specified, within thirty (30) days of invoice.
4.2 Invoicing and Taxes
All fees are stated exclusive of taxes. Customer is responsible for all applicable sales, use, value-added, or similar taxes arising from this Agreement, excluding taxes on Attrivo's net income. If Customer is required by law to withhold any taxes, Customer shall gross up payments so that Attrivo receives the full amount stated in the Order Form.
4.3 Late Payments
Overdue amounts will accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. If Customer's account remains past due for more than thirty (30) days, Attrivo reserves the right to suspend access to the Services upon written notice.
4.4 Fee Adjustments
Attrivo may adjust fees at the start of any renewal Subscription Term by providing at least sixty (60) days' prior written notice. Continued use of the Services after the new fees take effect constitutes Customer's acceptance.
5. Confidentiality
5.1 Obligations
Each party agrees to: (a) maintain the other party's Confidential Information in strict confidence; (b) use Confidential Information only for purposes of performing its obligations or exercising its rights under this Agreement; and (c) disclose Confidential Information only to employees or contractors who have a need to know and are bound by comparable confidentiality obligations.
5.2 Exceptions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party at the time of disclosure; (c) is independently developed without use of the other party's Confidential Information; or (d) is required to be disclosed by applicable law or court order, provided the receiving party gives prompt notice and cooperates in seeking a protective order.
5.3 Injunctive Relief
The parties acknowledge that breach of confidentiality obligations may cause irreparable harm for which monetary damages are inadequate. Each party shall be entitled to seek equitable relief, including injunction, without the need to post bond.
6. Intellectual Property
6.1 Attrivo IP
Attrivo owns all right, title, and interest in and to the Services, Platform, Documentation, algorithms, models, software, and all underlying technology and intellectual property, including any improvements or modifications thereto. No rights are granted to Customer except as expressly stated in this Agreement.
6.2 Feedback
If Customer provides feedback, suggestions, or ideas regarding the Services ("Feedback"), Customer hereby grants Attrivo a perpetual, irrevocable, royalty-free license to use such Feedback without restriction. Attrivo has no obligation to act on Feedback.
6.3 Aggregate and Anonymized Data
Attrivo may compile and use aggregated, anonymized, or de-identified data derived from the Services — in a manner that does not identify Customer or any individual — to improve the Services, develop benchmarks, and publish industry insights. This right survives termination of the Agreement.
7. Representations and Warranties
7.1 Attrivo Warranties
Attrivo represents and warrants that: (a) the Services will perform materially in accordance with the applicable Documentation; (b) Attrivo will implement and maintain industry-standard security measures to protect Customer Data; and (c) Attrivo has the authority to enter into this Agreement and that the Services do not infringe any third-party intellectual property rights.
7.2 Customer Warranties
Customer represents and warrants that: (a) it has full legal authority to enter into this Agreement; (b) its use of the Services will comply with all applicable laws and regulations; and (c) Customer Data does not violate any third-party rights.
7.3 Disclaimer
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES AND PLATFORM ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ATTRIVO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ATTRIVO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
8. Indemnification
8.1 By Attrivo
Attrivo will defend, indemnify, and hold Customer harmless from and against third-party claims alleging that the Services, as used in accordance with this Agreement, infringe any patent, copyright, trademark, or trade secret. Attrivo's obligations under this section are conditioned on Customer: (a) providing prompt written notice; (b) granting Attrivo sole control of the defense; and (c) reasonably cooperating in the defense.
8.2 By Customer
Customer will defend, indemnify, and hold Attrivo harmless from and against any claims, damages, or expenses arising from: (a) Customer's breach of this Agreement; (b) Customer Data submitted to the Services; (c) Customer's violation of applicable law; or (d) claims by Customer's end users arising from Customer's use of the Services.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The above limitations shall not apply to: (i) Customer's payment obligations; (ii) either party's indemnification obligations; (iii) damages arising from gross negligence or willful misconduct; or (iv) damages arising from breach of confidentiality obligations.
10. Term and Termination
10.1 Term
This Agreement commences on the Effective Date and continues for the Subscription Term set forth in the applicable Order Form. Unless either party provides written notice of non-renewal at least sixty (60) days prior to expiration, the Subscription Term will automatically renew for successive periods equal to the then-current Subscription Term.
10.2 Termination for Cause
Either party may terminate this Agreement upon written notice if the other party: (a) materially breaches this Agreement and fails to cure such breach within thirty (30) days of written notice; or (b) becomes the subject of insolvency, receivership, or bankruptcy proceedings that are not dismissed within sixty (60) days.
10.3 Effect of Termination
Upon expiration or termination: (a) all licenses granted hereunder immediately terminate; (b) Customer must cease all use of the Services; (c) each party will promptly return or destroy the other's Confidential Information upon request; and (d) Customer may retrieve Customer Data in standard export formats for up to thirty (30) days following termination, after which Attrivo may delete such data.
10.4 Survival
Sections relating to Definitions, Fees (to the extent unpaid), Confidentiality, Intellectual Property, Limitation of Liability, Indemnification, and General Provisions shall survive termination of this Agreement.
11. Suspension
Attrivo reserves the right to suspend Customer's access to the Services, with prior notice where feasible, if: (a) Customer's account is past due; (b) Attrivo reasonably believes Customer is using the Services in violation of applicable law or these Terms; or (c) the Services are being used in a manner that poses a security or technical risk to Attrivo or other customers. Attrivo will restore access promptly once the underlying issue is resolved.
12. General Provisions
12.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws provisions. Any dispute arising under this Agreement shall be resolved in the state or federal courts located in Delaware, and each party consents to personal jurisdiction therein.
12.2 Dispute Resolution
Prior to initiating formal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation between senior representatives for a period of thirty (30) days. If unresolved, disputes shall be subject to binding arbitration administered by JAMS in accordance with its Commercial Arbitration Rules.
12.3 Entire Agreement
This Agreement, together with all Order Forms and any incorporated schedules or addenda, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, representations, or negotiations. In the event of conflict, the Order Form shall take precedence over these Terms.
12.4 Amendments
Attrivo may update these Terms from time to time. Material changes will be communicated via email or in-platform notice. Continued use of the Services after the effective date of any amendment constitutes acceptance.
12.5 Waiver and Severability
Failure to enforce any provision of this Agreement shall not constitute a waiver. If any provision is found to be unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force.
12.6 Force Majeure
Neither party shall be liable for delays or failure to perform due to causes beyond its reasonable control, including natural disasters, war, acts of government, cyberattacks, or widespread infrastructure failures, provided the affected party gives prompt notice and uses reasonable efforts to resume performance.
12.7 Assignment
Neither party may assign this Agreement without the other's prior written consent, except in connection with a merger, acquisition, or sale of substantially all of a party's assets. Any attempted assignment in violation of this section is void.
12.8 Notices
All legal notices must be in writing and sent to the address specified in the Order Form, or for Attrivo, to: info@attrivo.in. Notices sent by email are effective upon transmission; notices sent by courier are effective upon delivery.
12.9 Independent Contractors
The parties are independent contractors. Nothing in this Agreement creates an employment, partnership, joint venture, or agency relationship between Attrivo and Customer.