Welcome to SavyIQ.ai (the "Company", or "SavvyIQ", or "us", or "we", or "our"). The following Terms of Service (the "Terms"), together with any documents referred to herein, constitute a legally binding agreement between you (the "Customer", "User", "you", or "your") and SavvyIQ and its Affiliates, and govern your access and use of SavvyIQ's (i) web-based applications, tools and platforms that the Company makes accessible via https://savvyiq.ai, or any other websites or platforms operated by the Company or its Affiliates (collectively, the "Website") and that are developed, operated and maintained by the Company, (ii) our application programming interface (API), (iii) our Website, and (iv) our Dataset services (collectively, the "Services").
For purposes of these Terms, "Customer", "User", "you" and "your" refer to the individual using the Services. If you are using the Services on behalf of a company or other legal entity, then "you" also includes that entity, and you represent and warrant that you are authorized to bind the entity to these Terms, and agree to these Terms on the entity's behalf.
If you are a company or other business entity customer, these Terms also govern any individuals that may be authorized by you to access and use the Services ("Authorized Users"). You are responsible for ensuring that only Authorized Users access and use the Services, that your Authorized Users comply with the eligibility restrictions set forth in these Terms and/or the Order Form, and for such Authorized Users' compliance with these Terms.
You may not use the Services if you or any of your Authorized Users are a competitor of SavvyIQ (as determined by us in our sole discretion).
Please read these Terms carefully, as they include important information about the services we will provide to the Customer, how we will work together and your legal rights. By accessing and/or using any of our Services you are agreeing to these Terms. If you do not agree or do not understand these Terms, please do not use the Services.
We may modify these Terms from time to time, and the updated version will be posted on this page with the date of the latest revision. Your continued use of our Services following any changes to these Terms will constitute your acceptance of the updated Terms.
If you have any questions regarding these Terms, please contact us at legal@savvyiq.ai.
For the purposes of these Terms, the following definitions shall have the meanings set forth below:
The Services provided by SavvyIQ include API services, Data Cleaning Services, Data Enrichment services, and Bulk Dataset services (both paid and free). SavvyIQ will deliver the Services to the Customer in accordance with the terms set forth in the applicable Order, online subscription, and these Terms.
Subject to these Terms, We hereby grant You and Your Authorized Users, during Your Subscription Period, a limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable license to use Our Data Cleaning Services solely for the purpose of refining and correcting Customer Data based on SavvyIQ's best available match from its dataset. Your use of the Data Cleaning Services must comply with the technical documentation, usage guidelines, and any other applicable rules available at https://app.savvyiq.ai/ or any other location we designate. Should the Subscription Period end, or should Customer decline to renew their Order Form, then Customer's license to use the Data Cleaning Services specified in the Order Form will be revoked.
Customer acknowledges that, through its use of the Data Cleaning Services, facilitated exclusively through SavvyIQ's Entity Resolution API, it will transmit Customer Data to SavvyIQ for purposes of identifying and replacing names or other limited data points (as outlined in the Entity Resolution API documentation) with SavvyIQ's best available match (the "Cleaned Data"), as determined by SavvyIQ's proprietary confidence scoring algorithm. These services are intended to improve the accuracy and consistency of Customer's data; however, they do not guarantee legal or official accuracy of the matched data.
SavvyIQ grants You and Your Authorized Users, a perpetual, non-exclusive non-transferable, and non-sublicensable license to use the Cleaned Data obtained through the Data Cleaning Services, meaning that, upon termination or expiration of the Subscription Period, You and Your Authorized Users may continue to retain and use the Cleaned Data provided that such use does not violate any of the restrictions set forth in clause 5.4 of these Terms.
You and Your Authorized Users are prohibited from overriding or circumventing, or attempting to override or circumvent, any security feature, control, or use limits of the Data Cleaning Services. SavvyIQ may implement reasonable use limits to prevent excessive use, including, but not limited to, limitations on API requests or records processing, if such usage violates these Terms or exceeds the purchased credits (if applicable).
SavvyIQ reserves the right to monitor Customer's use of the Data Cleaning Services for compliance with these Terms, and to ensure no misuse, network abuse, or violations of applicable limits. We may suspend or terminate your access to the Data Cleaning Services at any time if any such misuse is detected.
Subject to these Terms, We hereby grant You and Your Authorized Users, during Your Subscription Period, a limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable license to use Our API's solely for the purposes outlined in the documentation for the Services or as specified in the Order Form. Your use of the APIs must comply with the technical documentation, usage guidelines, call volume limits, and any other applicable rules available at https://docs.savvyiq.ai/ or any other location we designate. Should the Subscription Period end, or should Customer decline to renew their Order Form, then Customer's license to the API and Data Enrichment Services specified in the Order Form will be revoked.
You and Your Authorized Users shall not override or circumvent, or attempt to override or circumvent, any security feature, control, or use limits of SavvyIQ's API Services. SavvyIQ may use technological means to place reasonable use limits to prohibit excessive use, including excessive API requests or exceeding records limits that indicate a violation of these Terms, such as sharing with third parties or attempting to circumvent limitations to purchased credits (if applicable).
SavvyIQ shall have the right, but not the obligation, to monitor Customer's use of the Service for billing purposes, to ensure compliance with these Terms and our documentation, and to verify no misuse or network abuse. We may terminate your right to use the API at any time.
To the extent the Services include Enrichment features, Customer acknowledges that, through its use of the Services, it will transmit Customer Data to SavvyIQ for purposes of matching, cleansing, or updating records with information from SavvyIQ's database. During such transmission, SavvyIQ will make commercially reasonable efforts to respond to match and clean and append requests by researching and/or verifying Customer Data so submitted and supplementing SavvyIQ's commercial database with information SavvyIQ is able to verify or otherwise as needed to perform the SavvyIQ Services.
The Datasets may only be used for legally valid purposes and in accordance with all applicable laws. You may not reverse engineer, decompile, or disassemble the Datasets, nor attempt to extract any proprietary methodologies, structures, or insights not explicitly granted in the scope of use. The Datasets Services contain additional terms and conditions governing their use that will be specified in their corresponding Order Form.
Datasets, in its original format acquired from Company, shall be maintained as confidential, and shall be for Customer's own internal business use only. You may not distribute, transmit, reproduce, publish, license, transfer, resell, or share the Paid Datasets in its original format, either in whole or in part, with any third party, nor use the Datasets to build, train, or enhance any product or service that competes with ours. Additionally, you are prohibited from sublicensing or otherwise transferring the Paid Datasets unless expressly authorized by us in writing.
Free Datasets are licensed under the Open Data Commons Attribution License (ODC-By): http://opendatacommons.org/licenses/by/1.0/. If You have any questions or would like a full reference of the license, please contact us at legal@savvyiq.ai.
SavvyIQ is dedicated to continuous improvement and innovation, which means that our Services are in an ongoing development phase and may undergo significant changes as we improve them based on user feedback and testing results. As such, we reserve the right to modify, suspend or discontinue the Services (in whole or in part) at any time, with or without notice to You. While we strive to maintain consistent availability, the Services may occasionally be disrupted or become temporarily unavailable due to maintenance, updates or unforeseen technical issues, for which we will not be liable. As we introduce new features and improvements, you may also experience temporary disruptions or changes in the Services' functionalities. We may occasionally need to restrict access to certain parts of the Services, including limiting access for registered users.
The Services are intended for individuals who are at least 18 years of age. By using the Services, You are representing and warranting that You and Your Authorized Users are over the age of 18, or the legal age of majority in Your jurisdiction of residence. SavvyIQ does not make the Service available to anyone under the age of 13. By implementing or using the Service, You agree that You are authorized to accept this Agreement on behalf of Yourself and that You are bound by this Agreement.
If You are agreeing to this Agreement for use of the Service by an organization, then You are agreeing to this Agreement on behalf of that organization (and "Customer," "You" and "Your" will refer to that organization). You must have the authority to bind that organization to this Agreement; otherwise You must not sign up for the Service.
The Company reserves the right to restrict or terminate access to the Services if it becomes aware that the eligibility requirements are not met.
To use our Services You and Your Authorized Users need to create an Account ("Customer Account"). By doing so, You agree to provide Us with accurate, updated and complete information. You can access, edit and update Your Account information by contacting us at support@savvyiq.ai.
You are solely responsible for any activity on Your Account or Your Authorized Users' Accounts. We are not liable for any acts or omissions by you or your Authorized Users in connection with Your Accounts. You must treat the Account information (secure user name, password, API Key, or any other piece of information that We provide You with as part of our security procedures) as confidential, and You must not disclose it to any third party. You agree to immediately notify Us at support@savvyiq.ai of any unauthorized use of Your user name, API Key, or password or any other breach of security. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
The accounts of those involved will be disabled if sharing is detected.
In the future, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Service that all the information You provide on the Service is correct, current and complete.
We have the right to disable any user identification code or password, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, You have failed to comply with any provision of these Terms of Service. If the Company deletes Your Account for any suspected breach of these Terms by You or Your Authorized Users, You and Your Authorized Users are prohibited from re-registering for the Services under a different name.
By executing one or more Order Forms under this Agreement or by signing up for a SavvyIQ account ("Customer Account"), You may obtain access to the content, APIs and other features (the "Services") offered by SavvyIQ. Many of the Services provided by SavvyIQ provide access to information, reports, text, and content ("Data"). The specific Services available to You and the applicable fees are outlined in the Order Form or in the Customer Account. All use of the Services and Data used by Customer is subject to the terms and conditions of this Agreement and the Acceptable Data Use Policy.
SavvyIQ offers a variety of subscription plans (each, a "Plan") for its Services. You will select Your Plan as part of Your registration for the Services, which may begin with a Trial Period (as defined in Section 4.4 ("Trial Period") herein). Each subscription period for a Plan will be based on the subscription period chosen/sold (e.g. annually, bi-annually, quarterly, monthly).
The billing period will be as specified in the applicable Order Form or through the Customer Account. You may choose to be billed for the Plan annually or in less than annual increments (e.g. monthly, quarterly, or bi-annually), but regardless of Your billing cycle, You are responsible for subscription fees for the entire subscription period chosen/sold. An Order Form is not cancelable by Customer during an active Subscription Period.
At the end of Your current subscription period, Your Plan will automatically renew for a subscription period equal to Your prior subscription period unless: (i) automatic renewal is not specified in Your Order Form, or (ii) You provide SavvyIQ with email notice (sent to billing@savvyiq.ai) of Your intent not to renew Your Plan at least thirty (30) days prior to the end of the then-current subscription period. Any renewals will be at SavvyIQ's then-current rates or rate increases specified in Order Form.
To view the specific details of Your Plan, including pricing information and the end date of Your subscription period, login to Your account on the SavvyIQ Services and go to the "Settings" page or contact us at billing@savvyiq.ai.
The fees for Your Plan are billed in advance the first day of each billing cycle as defined in the Order Form or through Customer's account located at app.savvyiq.ai. In the event You cancel Your Plan, no refunds or credits will be provided for partial or unused months of the Service. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.
If You upgrade Your Plan level, You will immediately be charged for the increased price of the upgraded Plan, pro-rated to reflect the remaining duration of Your subscription period, and You will be charged the full amount of the then-current rate for the new Plan, as provided in your Order Form or Customer Account, beginning with Your next billing cycle.
If You desire to downgrade Your Plan level prior to the end of Your subscription period, please provide written notice to billing@savvyiq.io. The Plan downgrade will take effect the first billing cycle that occurs more than thirty (30) days following Your notice to SavvyIQ, and You will not receive any refunds for payments made on Your current billing cycle. Downgrading Your Plan may cause the loss of account content, features, or capacity. SavvyIQ disclaims liability for any such loss.
Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
Any questions involving upgrades or downgrades to Your Plan can be directed to billing@savvyiq.ai.
Subscriptions to the Services may begin with a Trial Period during which You will have limited access to the Services. While You may not be required to enter Your billing information in order to sign up for the Trial Period, You may provide such information at any point during the Trial Period. If You have not provided billing information by the time your limited access to the Services ends, You will lose all access to the Services and Your account will be canceled. SavvyIQ reserves the right to modify, cancel and/or limit the Trial Period without notice at any time.
We may offer certain Services for free, however, if You purchase Our paid subscription plans, You agree to pay Us all the applicable fees for those plans, as well as any other fees for additional services You may purchase. You are responsible for all the taxes (including without limitation sales and use taxes) associated with Your use of the Services, excluding taxes based on Our net income.
We will bill the fees due under Your Plan to the credit card or any other payment instrument (collectively, your "Payment Method") You provide to us during registration (or to a different payment method if You change Your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in the Services fees, and changes in Your Plan, and You authorize us to bill You the corresponding amounts.
Failure to pay these fees will result in the suspension or termination of Your access to the paid Services. You agree that We may store and continue billing Your payment method to avoid interruption of such Services. We assume no responsibility or liability if Your access to the Services fails to renew or otherwise expires because of outdated or incorrect payment information.
Unless otherwise stated, all fees are payable in US Dollars which will be charged on a recurring subscription basis.
Payment can be made by credit card, automated clearing house (ACH) transfers, or other means that we may make available and that we agreed upon in the corresponding Order Form.
You represent and warrant that (a) all information You provide with regards to a purchase of the Services, including, without limitation, payment information, is accurate, current and complete; and (b) You have the legal right to use the payment method You provide to Us or Our payment processor (e.g., Stripe).
You authorize the Company to store and continue billing Your Payment Method (e.g. credit card) to avoid interruption of the Services. If a payment fails or an account is otherwise in arrears, the Company reserves the right to suspend or terminate access to the Services after providing fifteen (15) days' written notice unless payment is received in full.
You agree to reimburse the Company for any fees incurred, including but not limited to collection costs, bank fees and administrative costs. Any holds on Your account by any other payment processor are solely Your responsibility.
In the event of any payment disputes, You agree to notify the Company within fifteen (15) days of the charge date at billing@savvyiq.ai.
In certain instances, Your bank or financial institution may charge You fees, such as foreign transaction fees or related charges for ACH or card payments, which You will be responsible for paying. Please check with Your bank or payment processor for details.
If You purchase a Service through an Order Form and We agree to bill You through an invoice, You will be responsible for paying all fees in accordance with that Order. SavvyIQ will issue invoices for amounts due under these Terms and You agree to pay the Service Fees within ten (10) days of receiving the invoice or as defined in the Order Form, unless otherwise specified in the applicable Order Form.
Customer consents to receiving electronic invoices and receipts from the Company at the email address provided in the Order Form.
If Customer fails to make any payment by the due date, SavvyIQ will send the Customer a written notice of non-payment to the email address provided in the Order Form, requesting payment within fifteen (15) days. If no payment is received, SavvyIQ will suspend the Customer's and all the Authorized User's access to the Services until the outstanding balance is paid in full. Additionally, the Customer shall reimburse SavvyIQ for all reasonable costs incurred in collecting late payments and interests (including attorney fees).
Unpaid amounts are subject to interest of 3% per month on any outstanding balance, or the maximum permitted by law, whichever is lower.
If non-payment persists for additional fifteen (15) days after receiving the written notice of non-payment, SavvyIQ may terminate Customer's and its Authorized User's access to the Services and delete their accounts. The Customer remains liable for all fees, costs, and expenses incurred by SavvyIQ in collecting the late payments and the corresponding interest.
We reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time as We may determine in Our sole and absolute discretion. Except as otherwise provided in this Agreement, any changes to pricing or your subscription plan will be effective starting with the first billing cycle that occurs at least thirty (30) days after we provide written notice of the new fees, provided that if You upgrade or downgrade to a new Plan, You will be charged at the then-current rate for such Plan, as provided in the corresponding Order Form.
You may cancel your Plan by providing at least 30 days' written notice prior to the end of your current subscription period. To cancel, please send your cancellation request via email to billing@savvyiq.ai.
If You cancel Your Plan before the end of the subscription period, You remain responsible for paying all subscription fees for the remainder of that period. Upon expiration of Your prepaid subscription, you will lose access to the Services and any data or information stored in your account.
As between the parties, Customer shall retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to SavvyIQ. This Agreement does not grant us any ownership rights to or Customer Data. Subject to the terms of this Agreement, Customer hereby grants to SavvyIQ a perpetual, non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data solely to the extent necessary to provide the Services to Customer.
The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Services for Your personal, non-commercial use, or legitimate business purposes related to Your role as a Customer of SavvyIQ.
Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, You will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of the Services; (ii) rent, lease or sublicense access to any of the Services; or (iii) circumvent or disable any security or technological features or measures of the Services.
If You use any part of the Services in breach of this Agreement, Your right to use the Services will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Services or any content on the site is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
If we make Product Data available to you, then you may only use that Product Data in connection with your use of the Services.
SavvyIQ hereby grants to Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to access the Services specified in the Order Form or in Customer Account during the Subscription Period for its commercial business purposes. Should the Subscription Term end, or either party choose not to renew their Order Form, then the Customer's license to the Services specified in the Order Form will be revoked.
We welcome feedback, comments, and suggestions for improvements to the Services ("Feedback"). By submitting Feedback, you acknowledge and agree that you do not and will not acquire any right, title, or interest in the Services or in the Feedback itself. All Feedback you provide becomes the sole and exclusive property of the Company. The Company may use, modify, and disclose such Feedback in any manner and for any purpose, without further notice, obligation, or compensation to you, and without you retaining any rights or claims.
You hereby irrevocably assign to the Company any and all rights, titles, and interests you may have in the Feedback, including, but not limited to, any intellectual property rights such as patents, copyrights, trade secrets, trademarks, know-how, show-how, and moral rights.
You may use the Services only for lawful purposes and in accordance with these Terms of Services. Specifically you agree to the following:
Customer may integrate the Product Data into their products and display it to their end-user customers as part of the Customer's commercial product offering. The display must not facilitate bulk download or bulk redistribution of the Product Data. The Product Data should be integrated in a way that adds distinct value to the Customer's products and services and must not be used to create a standalone database or service that directly competes with the Services.
Customer is expressly prohibited from (i) providing programmatic access to the Product Data in a way that allows their end-users or other third parties to access a substantial portion of the Product Data directly, such as through an application programming interface (API) that mirrors or replicates the Services, and (ii) creating derivative products that utilize the Product Data in a manner that directly competes with the Services or uses the Product Data as the primary basis for generating revenue.
Data returned in API endpoints may not be saved in customer databases ("Caching") for longer than necessary to perform actions permitted via Service License. Any Caching of Data returned in an API Match shall be governed by section 5.4 Data Licensing. Should Customer exceed the amount of API Credits it has purchased in an applicable Order Form during the subscription period, a monthly overage fee will be charged for each API Credit used ("Overage Fee"). The rate for the Overage Fee will be outlined in either the customer account or Order Form.
Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the Software; modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party that is not a party to this Agreement; or remove any proprietary notices or labels.
You agree not to use the Services in any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
You agree not to impersonate or attempt to impersonate the Company, any of its employees, another user, or any other person or entity. This includes, without limitation, using email addresses, screen names, or any other identifiers associated with the aforementioned parties.
You agree not to engage in any conduct that restricts or inhibits others from using or enjoying the Services. Additionally, you will refrain from any actions that, in our determination, may harm the Company or other users or expose them to liability.
Additionally, you agree not to:
Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at www.savvyiq.ai/privacy.
We enable You to specify the Customer Data that You collect, and, at Your direction, to pass that data into our Service, and to and from a variety of third-party tools and services. SavvyIQ may also store Customer Data in connection with the Service. SavvyIQ is not responsible for inspecting the Customer Data that it collects, and collects such information automatically under Your direction when providing Our Service.
Customer acknowledges that SavvyIQ exercises no control whatsoever over the content of the information (including Customer Data) passing through SavvyIQ's systems and networks in connection with providing the Service. Customer will be responsible for the accuracy, quality and legality of Customer Data and the means by which Customer acquired the Customer Data.
We collect, store, and use Your Customer Data on Our servers to provide You with the Service. Customer acknowledges that Customer Data transmitted through the Service may be stored and processed by SavvyIQ in the United States or in other countries in which SavvyIQ or its subcontractors maintain facilities. We only share User information as You direct and with others detailed in our Website Privacy Notice (www.savvyiq.ai/privacy).
Customer specifically agrees not to use the Service to collect, store, process or transmit any Sensitive Personal Information. Customer acknowledges that SavvyIQ is not a Business Associate or subcontractor (as those terms are defined in HIPAA) or a payment card processor and that the Service is neither HIPAA nor PCI DSS compliant. SavvyIQ shall have no liability under this Agreement for Sensitive Personal Information, notwithstanding anything to the contrary herein.
SAVVYIQ WILL HAVE NO LIABILITY IN CONNECTION WITH, AND CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD SAVVYIQ HARMLESS WITH RESPECT TO: (A) CUSTOMER'S FAILURE TO PROVIDE NOTICES REQUIRED BY LAW TO ITS END USERS REGARDING ITS PRIVACY PRACTICES, (B) FOR THE COLLECTION, USE OR DISCLOSURE OF DATA AS CONTEMPLATED IN THIS AGREEMENT, OR (C) DATA SECURITY OR DATA USE IF SAVVYIQ ACTS AT CUSTOMER'S EXPLICIT DIRECTION.
The Receiver will: (i) protect the confidentiality of the Confidential Information using the same degree of care that it uses with its own confidential information of similar nature, but with no less than reasonable care, (ii) not use any Confidential Information for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information to any third party (except our third party service providers), and (iv) limit access to Confidential Information to its employees, contractors, advisors and agents. Upon notice to the Discloser, the Receiver may disclose Confidential Information if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.
You grant us the right to add your name and company logo to our customer list and website.
Any Customer questions, complaints or claims regarding the Service should be sent to: legal@savvyiq.ai.
You acknowledge that You have only a limited, non-exclusive, non-transferable license to use the Service. Because the Service is in beta version only and is not error or bug free, You agree that You will use it carefully and avoid using it in ways which might result in any loss of Your or any third party's property or information.
Your use of SavvyIQ is at Your sole risk. The service is provided on an "AS IS" and "ON AVAILABLE" basis. In particular, You acknowledge that technical support is only provided via email, in English; that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service; that the technical processing and transmission of the service, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We do not warrant that (i) the service will meet Your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through the service will meet Your expectations, and (v) any errors in the service will be corrected.
You expressly understand and agree that SavvyIQ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SavvyIQ has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of Your transmissions or data; (iii) statements or conduct of any third party on the service; (iv) or any other matter relating to the service.
You agree to defend, indemnify and hold harmless SavvyIQ, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from Your violation of this Agreement or Your use of the Service, including, without limitation, any use of the Service other than as expressly authorized in this Agreement.
Should the subscription period end, and You decline to renew your Order Form, or should You materially downgrade or change Your Plan, then Your license to the Product Data specified in the prior Order Form will be revoked and You will be required to delete all Product Data, unless otherwise stated in the corresponding Order Form. You will be required to sign the SavvyIQ Data Deletion Agreement acknowledging Product Data deletion.
Either party may terminate this Agreement and all Order Forms, immediately upon written notice to the other party, if the other party: (a) commits a material breach of this Agreement, which is capable of remedy, and fails to remedy the breach within thirty (30) days after written notice; (b) commits a material breach of this Agreement which cannot be remedied; or (c) is repeatedly in breach of this Agreement. Abuse or excessive usage of the Services beyond the scope permitted under an Order Form or beyond credits purchased via Your Account will be deemed a material breach justifying SavvyIQ termination or suspension of Your account.
Upon termination of this Agreement, all license rights hereunder will immediately terminate and You will: (i) cease use of the Services, including all Product Data or information contained in or derived from the Services; (ii) destroy or (if requested by SavvyIQ) return to SavvyIQ all copies or other embodiments of any and all Data or information contained in or derived from the Services, and all other SavvyIQ Confidential Information; (iii) sign the SavvyIQ Data Deletion Agreement and; (iv) pay to SavvyIQ all amounts due and owing under this Agreement.
Upon termination of this Agreement, You must delete all Data it has received from SavvyIQ under all applicable Service Agreements, and sign and return to SavvyIQ the Data Deletion Agreement within 30 days of termination. You agree that SavvyIQ has the right to perform an audit should SavvyIQ suspect that You are continuing to use SavvyIQ Data after the agreement is terminated.
Termination For Cause of another agreement between SavvyIQ and You will constitute a breach of contract/termination of this Agreement and trigger the effects of Termination including but not limited to paragraphs 10.3 and 10.4.
The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the state and federal courts located in San Francisco, California. You waive any and all objections to the exercise of jurisdiction over You other courts and to venue in such courts.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
These Terms of Service constitute the entire agreement between You and SavvyIQ and govern Your use of the service, superseding any prior agreements, including, but not limited to, any prior versions of the Terms of Service. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
You may not assign these Terms or the licenses granted hereunder without the prior express written consent of the SavvyIQ, while we may assign them at our discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
We welcome any comments, questions and communications at legal@savvyiq.ai