Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your use of the Pivoryn platform and services provided by Pivoryn Ltd, a company registered in England and Wales under company number 14585235 ("Pivoryn", "we", "us", or "our").

By accessing or using our website, platform, or services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

These Terms constitute a legally binding agreement between you and Pivoryn. We may update these Terms from time to time, and your continued use of our services constitutes acceptance of any changes.

Description of Services

Pivoryn provides AI-powered business analytics platform and related services designed for small and medium businesses. Our services include but are not limited to:

• Business intelligence and data analytics platform
• Performance monitoring and reporting tools
• Customer analytics and segmentation services
• Predictive analytics and forecasting capabilities
• Data integration and visualisation tools
• Professional consulting and support services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, though we will make reasonable efforts to provide advance notice of significant changes.

User Accounts and Registration

To access certain features of our services, you may be required to create 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 account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorised use of your account

You are responsible for all activities that occur under your account, whether or not you authorised such activities. We reserve the right to suspend or terminate accounts that violate these Terms or our policies.

User Obligations and Acceptable Use

When using our services, you agree to comply with all applicable laws and regulations and to use our services only for lawful purposes. You specifically agree not to:

Prohibited Activities

• Use our services for any illegal or unauthorised purpose
• Violate any international, federal, provincial, or local laws or regulations
• Transmit or upload any harmful, threatening, abusive, or defamatory content
• Attempt to gain unauthorised access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our services
• Use automated systems to access our services without permission
• Reverse engineer, decompile, or attempt to extract source code from our platform
• Share your account credentials or allow unauthorised access to your account

Data and Content Responsibilities

You are solely responsible for the data and content you upload, process, or analyse using our platform. You represent and warrant that you have all necessary rights and permissions to use such data and that its use does not violate any third-party rights or applicable laws.

You agree to comply with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, when using our services.

Intellectual Property

The Pivoryn platform, including its software, algorithms, user interface, and all related intellectual property, is owned by Pivoryn and is protected by copyright, trademark, and other intellectual property laws.

Pivoryn's Rights

All rights, title, and interest in and to our services, including all intellectual property rights, remain with Pivoryn. These Terms do not grant you any ownership rights in our platform or services.

Your Data Rights

You retain all rights, title, and interest in and to your data and content. By using our services, you grant Pivoryn a limited, non-exclusive licence to process your data solely for the purpose of providing our services to you.

Licence to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use our services for your internal business purposes. This licence automatically terminates upon termination of your account or these Terms.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We implement appropriate technical and organisational measures to protect your data in accordance with applicable data protection laws, including GDPR and the Data Protection Act 2018.

For detailed information about how we handle your personal information, please review our Privacy Policy available at our website.

Payment Terms and Billing

If you subscribe to our paid services, you agree to pay all applicable fees as described in your subscription plan. Payment terms include:

Subscription Fees

• Fees are billed in advance on a monthly or annual basis as selected
• All fees are non-refundable except as expressly stated in these Terms
• Prices are subject to change with 30 days' advance notice
• Failed payments may result in suspension or termination of services

Taxes

You are responsible for all applicable taxes, duties, and governmental charges related to your use of our services, except for taxes based on Pivoryn's net income.

Refund Policy

Refunds may be provided at our sole discretion for services not yet delivered. No refunds will be provided for services already rendered or for partial billing periods.

Service Availability and Support

While we strive to maintain high service availability, we do not guarantee uninterrupted access to our services. Our services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We provide technical support to our subscribers as outlined in your service plan. Support is available during our standard business hours: Monday to Friday, 9:00 to 18:00 UK time.

We reserve the right to modify our support policies and procedures at any time with reasonable notice to our users.

Limitation of Liability

To the maximum extent permitted by applicable law, Pivoryn 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:

• Your use or inability to use our services
• Any unauthorised access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from our services
• Any bugs, viruses, trojan horses, or the like that may be transmitted through our services
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content

In no event shall Pivoryn's total liability to you for all damages, losses, and causes of action exceed the amount you have paid to Pivoryn in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Accordingly, some of the limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Pivoryn, 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 in any way connected with:

• Your access to or use of our services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or data protection rights
• Any data or content you submit, post, or transmit through our services

This indemnification obligation will survive termination of these Terms and your use of our services.

Termination

Either party may terminate these Terms and your access to our services at any time, with or without cause, upon written notice to the other party.

Termination by You

You may terminate your account and these Terms at any time by contacting us or through your account settings. Upon termination, your right to access and use our services will cease immediately.

Termination by Pivoryn

We may suspend or terminate your access to our services immediately, without prior notice, if you breach these Terms or if we reasonably believe that your use of our services poses a risk to us or other users.

Effect of Termination

Upon termination, we will provide you with a reasonable opportunity to retrieve your data, subject to applicable law and our data retention policies. After the retrieval period, we may delete your data in accordance with our standard procedures.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of England and Wales, and you hereby consent to personal jurisdiction and venue therein.

If you are a consumer resident in the European Union, you may also bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable EU consumer protection laws.

Dispute Resolution

We encourage you to contact us first to resolve any disputes informally. If we cannot resolve a dispute through informal means, we both agree to attempt to resolve the dispute through mediation before pursuing litigation.

Any mediation will be conducted by a neutral mediator agreed upon by both parties and will take place in Birmingham, England, or through online mediation platforms.

If mediation fails to resolve the dispute within 60 days, either party may pursue resolution through the appropriate courts as specified in the Governing Law section.

Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Pivoryn's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Any waiver must be in writing and signed by an authorised representative of Pivoryn to be effective.

Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will post the updated Terms on our website and update the "last updated" date.

For material changes that affect your rights or obligations, we will provide at least 30 days' advance notice via email or prominent notice on our platform.

Your continued use of our services after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using our services.

Contact Information

If you have any questions about these Terms or our services, please contact us: