Terms of Service
This Subscription Agreement (“Agreement”) is a binding contract between Pivo Inc. (“Pivo,” “we,” “us,” or “our”) and you, the subscriber (“You,” “Your,” or “Subscriber”). This Agreement governs Your use of Pivo's software tools and services through our subscription model, which grants access to enhanced features and functionalities across various platforms, including the Pivo Track mobile app and other potential web and service offerings.
By subscribing to our services, you agree to the terms and conditions outlined in this Agreement. All components of this Agreement are integral, and Your acceptance of these terms is essential for accessing our Subscription Services.
“Subscription Services” encompasses all features and functionalities available through Pivo's applications, including but not limited to the Pivo Track app, as well as any future web-based services and tools developed, operated, and maintained by Pivo. These services may include ancillary products, updates, and support services.
By accessing or using the Subscription Services, you confirm that you have read, understood, and accepted all terms and conditions set forth herein, and that these terms shall be legally binding. If you are acting on behalf of a company or organization, you represent that you have the authority to bind that entity to this Agreement. We encourage you to print a copy of this Agreement for your records.
This Agreement is effective immediately upon Your completion of the Product Purchase Order (“Effective Date”).
Acceptance of Terms
By accessing or using our Service, you agree to these Terms. If you do not agree, you may not use the Service.
Subscription Plans
We offer various subscription plans for our Service. Specific details regarding each plan, including pricing, features, and billing cycles, can be found on our website at http://app.pivo.ai
User Accounts
To access the Service, you must create an account. You agree to provide accurate and complete information and to keep your account information updated. You are responsible for maintaining the confidentiality of your password and account information.
Use of the Service
You agree to use the Service in compliance with all applicable laws and regulations. You shall not:
Use the Service for any illegal or unauthorized purpose.
Interfere with or disrupt the Service or servers connected to the Service.
Transmit any harmful code or viruses.
Restrictions and Responsibilities
Customer will not, directly or indirectly:
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Subscription Service or any Software, documentation or data related to the Subscription Service;
modify, translate, or create derivative works based on the Subscription Service or any Software (except to the extent expressly permitted by Pivo or authorized within the Subscription Service);
use the Subscription Service or any Software for time sharing or service bureau purposes or otherwise for the benefit of a third party;
or remove any proprietary notices or labels.
With respect to any Software that is distributed or provided to Customer for use on Customer premises or devices, Pivo hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Subscription Service.
Customer represents, covenants, and warrants that Customer will use the Subscription Service only in compliance with Pivo’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Pivo against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of the Subscription Service. Although Pivo has no obligation to monitor Customer’s use of the Subscription Service, Pivo may do so and may prohibit any use of the Subscription Service it believes may be (or alleged to be) in violation of the foregoing.
Customer shall be responsible for obtaining and maintaining any equipment and ancillary Subscription Service needed to connect to, access or otherwise use the Subscription Service, including, without limitation, mobile or other devices, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer’s account or the Equipment with or without Customer’s knowledge or consent.
Subscription Fees, Payments, and Taxes
By subscribing to the Service, you agree to pay the subscription fees specified for your chosen plan. Payments are due either monthly or annually, dependent on your plan and you authorize us to charge your payment method accordingly.
You will pay Pivo the applicable fees for the Subscription Services as outlined in your subscription confirmation (the “Fees”). If your usage exceeds the limits specified in your subscription confirmation or requires additional payments, you will be billed for that usage, and you agree to pay the additional Fees. Pivo may change the Fees or introduce new charges at the end of the initial subscription term or any renewal term, with at least 30 days’ notice to you (which may be sent by email). If you believe there has been an error in billing, please contact Pivo within 60 days of the date on the first billing statement where the error appeared to receive an adjustment or credit.
Pivo may send invoices for payments. Full payment for any invoices must be received within thirty (30) days of the invoice date. If an invoice remains unpaid after this period, a late fee of 1.5% per month on the outstanding balance may be applied, or the maximum allowed by law, whichever is lower. Failure to pay may result in the suspension or termination of your Subscription Services.
All fees are exclusive of applicable taxes, which Pivo will charge as necessary. You are responsible for all taxes related to the Subscription Services, except for U.S. taxes based on Pivo’s income. Payments to Pivo should be made without any deductions or withholdings. If you are required by law to make any deductions or withholdings, you will need to provide Pivo with documentation of this requirement and pay an additional amount to ensure Pivo receives the full payment it would have received without the deduction.
Cancellations and Refunds
Refer to Pivo's Return and Refund Policy: link
Intellectual Property
All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are owned by [Your Company Name] or our licensors and are protected by intellectual property laws.
Confidentiality, Proprietary Rights, Data Privacy, Compliance
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) may share business, technical, or financial information related to their operations (collectively referred to as “Proprietary Information”). Proprietary Information of Pivo includes non-public information about the features, functionality, and performance of the Subscription Services. Proprietary Information of the Subscriber includes non-public data provided to Pivo to enable the delivery of the Subscription Services (“Subscriber Data”).
The Receiving Party agrees: (a) to take reasonable precautions to protect such Proprietary Information, and (b) not to use or disclose any Proprietary Information to third parties, except as necessary for the performance of the Subscription Services or as otherwise permitted in this Agreement. This obligation will not apply to information that (i) becomes publicly available, (ii) was already in the Receiving Party’s possession prior to disclosure, (iii) is disclosed to the Receiving Party by a third party without restrictions, (iv) is independently developed without using the Disclosing Party’s Proprietary Information, or (v) must be disclosed by law.
Subscribers retain all rights, title, and interest in their Subscriber Data, as well as any data derived from it and provided back to them as part of the Subscription Services. Pivo retains all rights, title, and interest in (a) the Subscription Services and any related software, improvements, or modifications, (b) any technology developed in connection with the Subscription Services, and (c) all intellectual property rights associated with any of the foregoing.
Notwithstanding anything to the contrary, Pivo has the right to collect and analyze data related to the use and performance of the Subscription Services (including Subscriber Data and derived data). Pivo may use this information to improve the Subscription Services and for other development and diagnostic purposes. Pivo may also disclose aggregated or de-identified data for business purposes. For clarity, Pivo may use, reproduce, and disclose any information that is anonymized or otherwise not reasonably linked to identifiable individuals for product improvement and other lawful purposes, with ownership of such data remaining with Pivo. It is the Subscriber's responsibility to back up their Subscriber Data during the subscription period, and they acknowledge that access to this data will not be available after the termination or expiration of this Agreement.
No rights or licenses are granted except as expressly set forth in this Agreement.
Pivo is committed to complying with applicable data privacy laws.
Regarding the California Consumer Privacy Act (the “CCPA”), Pivo’s compliance details are outlined in its privacy policy. Communications with Subscribers fall under the “B2B Covered Information” exemption, meaning that personal contact information associated with this exemption is not subject to the CCPA rights to know or delete personal information.
Under the General Data Protection Regulation (the “GDPR”), Pivo acts as the data controller for the personal data of its Subscribers. Pivo relies on the lawful basis of providing Subscription Services under a contract for collecting personal information. Since Pivo’s Subscription Services do not involve high-risk data processing activities, a Data Protection Impact Assessment (DPIA) is not required. Pivo does not monitor data subjects and does not collect special category data, so there is no requirement to appoint a Data Protection Officer (DPO).
Pivo warrants that it complies with applicable Privacy Laws. Subscribers also warrant compliance with these laws and agree to provide necessary notices and obtain required consents from their end-users regarding the use, storage, and disclosure of their personal information.
“Personal Information” or “Personal Data” refers to any information that can identify an individual, including names, addresses, phone numbers, email addresses, passwords, payment information, or any information protected under applicable Privacy Laws.
“Privacy Laws” encompass all relevant laws, regulations, or policies related to data privacy and protection, including the GDPR, CCPA, and other applicable legislation
End of Life Policy
Pivo may, at its discretion, decide to discontinue certain features, versions, or elements of the Subscription Services (“End of Life” or “EOL”). If Pivo chooses to announce EOL for any service or feature, we will provide you with three (3) months’ notice, which may be communicated directly or posted on our website.
During this notice period, you may continue to use the EOL Subscription Services as outlined in this Agreement. After the notice period, Pivo will offer support for the last commercially available version of the EOL Subscription Services for an additional six (6) months, provided that you continue to pay any applicable fees during this time.
If you are using a version that is designated as EOL, we encourage you to upgrade to the latest available version before the end of the notice period to ensure continued access to support and features.
Limitation of Liability
To the fullest extent permitted by law, except for claims related to bodily injury, Pivo and its suppliers, officers, affiliates, representatives, contractors, and employees will not be liable for any claims related to this Agreement under any legal theory, including contract, negligence, or strict liability. Specifically, Pivo will not be responsible for: (a) errors or interruptions in your use of the Subscription Services, loss or corruption of data, costs of procuring substitute goods or services, or any loss of business; (b) any indirect, special, incidental, or consequential damages; (c) any issues beyond Pivo’s reasonable control; (d) any amounts exceeding the fees you paid to Pivo for the Subscription Services in the 12 months prior to the event giving rise to the claim; or (e) any amounts exceeding USD $500,000 for damages awarded under the indemnity section of this Agreement.
This limitation applies regardless of whether Pivo has been advised of the possibility of such damages.
Warranty and Disclaimer
Pivo will make reasonable efforts, consistent with industry standards, to maintain the Subscription Services in a way that minimizes errors and interruptions. We will strive to perform our services in a professional manner. However, the Subscription Services may be temporarily unavailable due to scheduled maintenance, unscheduled emergency maintenance, or other reasons beyond Pivo's control. We will make reasonable efforts to provide advance notice of any scheduled service disruptions via email or on our website.
That said, Pivo does not warrant that the Subscription Services will be uninterrupted or error-free. We do not guarantee specific results from your use of the Subscription Services. Except as expressly stated in this section, the Subscription Services are provided "as is," and Pivo disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Indemnification
Pivo agrees to hold you harmless from any liability to third parties awarded by a court or tribunal due to infringement of any U.S. or Canadian patent, copyright, or misappropriation of a trade secret by the Subscription Services, provided you promptly notify Pivo of any claims or proceedings related to this and give reasonable assistance and the opportunity for Pivo to control the defense and settlement. Pivo will not be responsible for any settlement it has not approved in writing.
However, this indemnification does not apply to claims arising from: (a) components not supplied by Pivo; (b) modifications made by you or according to your specifications; (c) changes made after delivery by Pivo; (d) combinations with other products where the alleged infringement relates to that combination; (e) your continued use of the Subscription Services after being notified of infringement; or (f) your use of the Subscription Services not in accordance with this Agreement.
If a claim of infringement occurs and a court holds that the Subscription Services are infringing, Pivo may, at its option and expense: (i) replace or modify the Subscription Services to be non-infringing while maintaining similar features and functionality; (ii) obtain a license for you to continue using the Subscription Services; or (iii) if neither option is practical, terminate this Agreement and refund any prepaid, unused fees. This section outlines your sole and exclusive remedies for infringement claims.
Changes to Terms
We may modify these Terms from time to time. We will notify you of any changes by email. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
General
Enforceability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, so that the rest of the Agreement remains in full force and effect.
Entire Agreement: This Agreement, including all related terms and conditions, constitutes the complete and exclusive agreement between you and Pivo regarding your subscription. It supersedes any prior agreements or discussions.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the state of California, USA, without regard to its conflict of law principles.
Force Majeure: Pivo will not be liable for any failure to perform its obligations under this Agreement if such failure is due to events beyond its reasonable control, including but not limited to natural disasters, acts of terrorism, or technical failures.
Statistical Information: Pivo may compile and use anonymous statistical information related to the performance of the Subscription Service for improvement purposes, provided that this information does not identify you or your data.
Contact Us
If you have any questions about these Terms, please contact us at support@pivo.ai