These Terms of Service ("Terms") constitute a legally binding agreement between Cartanalytics, operating under the Cartlytics brand ("Cartlytics," "we," "our," or "us"), and you, the individual or legal entity accessing or using our Services ("Client," "you," or "your"). By accessing any Cartlytics website, platform, API, or data product, or by executing an Order Form or Data License Agreement that references these Terms, you agree to be bound by these Terms in their entirety.
If you are entering into these Terms on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity. If you do not agree to these Terms, you must not access or use the Services.
These Terms should be read alongside our Privacy Policy, Copyright Policy, and GDPR Compliance Policy, each of which is incorporated herein by reference.
Cartlytics provides the following categories of services (collectively, the "Services"):
The specific Services available to you are defined by your subscription plan, Order Form, or Data License Agreement. Cartlytics reserves the right to modify, discontinue, or deprecate features upon reasonable notice.
The Services are intended for business clients. To use the Services, you must be a validly formed legal entity or an adult individual (18 years of age or older) contracting in a professional capacity, have the legal authority to enter into binding contracts, and not be located in a jurisdiction subject to a United States government embargo.
To access certain Services, you must provide accurate, complete, and current information and agree to keep it updated at all times.
You are solely responsible for maintaining the confidentiality of your account credentials. You agree to notify Cartlytics immediately at legal@cartlytics.ai upon discovering any unauthorized access to your account.
You are responsible for all activity conducted through your account, including activity by authorized users within your organization.
You agree to use the Services only for lawful purposes. The following activities are expressly prohibited:
All right, title, and interest in the Services, including all data products, software, documentation, algorithms, enrichment models, audience segments, and associated materials, are and shall remain the exclusive property of Cartanalytics or its licensors. No transfer of ownership occurs under these Terms.
Subject to timely payment and compliance with these Terms, Cartlytics grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes during the term of your agreement.
You retain all rights to your own data that you transmit to the Services. You grant Cartlytics a limited license to process such data solely as necessary to provide the Services.
If you provide suggestions or feedback regarding the Services, you grant Cartlytics an irrevocable, perpetual, royalty-free license to use and incorporate such feedback without restriction or compensation.
You agree to pay all fees set forth in your applicable Order Form or subscription plan. Fees are stated in U.S. dollars and are non-refundable except as expressly provided herein or required by applicable law.
Amounts not paid by the due date accrue interest at 1.5% per month, or the maximum rate permitted by law. Cartlytics reserves the right to suspend access for accounts more than fifteen (15) days past due, following written notice.
Subscriptions automatically renew at the end of each term at the then-current list price unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the current term.
You are responsible for all applicable taxes associated with your use of the Services, excluding taxes on Cartlytics' net income.
Each party agrees to hold in strict confidence all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential. Confidentiality obligations survive termination for five (5) years, or indefinitely with respect to trade secrets.
The services are provided "as is" and "as available" without warranty of any kind, express or implied. To the maximum extent permitted by applicable law, Cartlytics expressly disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Cartlytics, its officers, directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business. Cartlytics' total cumulative liability for all claims shall not exceed the greater of: (a) the total fees paid by you to Cartlytics in the twelve (12) months preceding the claim; or (b) one hundred dollars (USD $100).
You agree to defend, indemnify, and hold harmless Cartanalytics and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or related to: (a) your use of the Services in violation of these Terms; (b) your violation of any applicable law; (c) your infringement of any third-party intellectual property right; or (d) any claim arising from your use of data delivered through the Services.
You may terminate your account at any time by providing written notice to legal@cartlytics.ai. Termination does not entitle you to a refund of prepaid fees except as required by applicable law.
Cartlytics may suspend or terminate your access immediately upon written notice if you breach any material provision of these Terms and fail to cure such breach within ten (10) days of written notice.
Upon termination, all licenses granted herein immediately cease, and you must cease all use of the Services and destroy any Cartlytics materials in your possession. Sections 6, 8, 9, 10, 12, and 13 survive termination.
Before initiating any formal dispute proceeding, the parties agree to attempt in good faith to resolve any dispute by written notice identifying the nature of the dispute and proposed resolution. The parties shall have thirty (30) days to attempt informal resolution.
If a dispute cannot be resolved informally, it shall be submitted to final, binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted by a single arbitrator in Wilmington, Arizona, or via remote proceedings by mutual agreement.
To the extent permitted by law, you waive any right to assert claims against Cartlytics as a plaintiff or class member in any class or representative action.
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles.
Cartlytics reserves the right to modify these Terms at any time. Material changes will be communicated by posting updated Terms with a revised "Last Updated" date. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.
Cartanalytics (Cartlytics)
Email: legal@cartlytics.ai