Terms of Use

Welcome to LTVera, operated by LTVera, Inc. (“LTVera,” “we,” “us,” or “our”). These Terms of Use (this “Agreement”) govern your access to and use of our website, applications, and related services (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box indicating your acceptance, you agree to be bound by this Agreement and acknowledge that you have read our Privacy Policy. If you do not agree, do not use the Service.

This Agreement contains a mandatory individual arbitration provision and a class action and jury trial waiver, as well as a choice of law and venue provision. These require resolving disputes individually through arbitration rather than through jury trials or class actions, and being subject to the law and venue stated below.

If you are a paying customer, you may also enter a separate order or subscription agreement containing customer-specific terms (“Customer Terms”). Where the Customer Terms conflict with this Agreement, the Customer Terms control.

1. The service

LTVera is a post-purchase decisioning platform. It ingests data from the commerce, messaging, and subscription tools you connect, builds models of how your customers buy, and emits recommended next actions (such as reorder timing, cross-sell, subscription conversion, winback, or suppression) to the channels you use to execute them. LTVera decides what to recommend; your connected tools carry out the sending.

We provide the Service on a subscription basis as described in your plan, and we may add, change, or remove features over time.

2. Eligibility

You may use the Service only if you can form a binding contract with LTVera and only in compliance with this Agreement and all applicable laws. The Service is not directed to children, and use by anyone under 13 is prohibited. You represent that you have authority to connect the stores, accounts, and tools you link to LTVera and to bind the organization on whose behalf you act.

3. License to use the Service

Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, revocable license to access and use the Service as permitted by its features. We reserve all rights not expressly granted. You agree not to:

• copy, distribute, or disclose any part of the Service or our content outside the Service, including by scraping or screenshots;
• use any automated system to access the Service in a manner that sends more requests than a human reasonably could through a normal browser;
• interfere with, compromise, or attempt to bypass the security or integrity of the Service;
• upload malicious code, or impose an unreasonable load on our infrastructure;
• reverse engineer, decompile, or attempt to derive the source code or underlying models of the Service;
• rent, lease, resell, sublicense, or otherwise commercialize the Service;
• use the Service to send messages without proper consent, or in violation of applicable law or channel or platform policies; or
• use the Service in any way that infringes the rights of others or violates any law.

4. Monitoring and changes

We may monitor and record how the Service is used to evaluate compliance with this Agreement and to support, secure, and improve the Service. We may change, suspend, or discontinue the Service or any feature, and may set usage limits, at any time. We may suspend or terminate your access for any reason, including a violation of this Agreement. Upon termination you remain bound by the provisions that by their nature should survive.

5. AI and automated recommendations

The Service uses statistical models, machine learning, and large language models to generate recommendations and content. You acknowledge that:

• recommendations and generated outputs are predictions, not guarantees, and may be inaccurate or unsuitable;
• you are responsible for reviewing recommendations and any generated messages before they are sent, and for all messages sent through your connected channels;
• some features rely on third-party model providers, and we are not responsible for their acts or omissions; and
• AI features are provided without warranty of any kind, and your use of them is at your own risk.

LTVera does not guarantee any specific revenue, lift, or other business outcome.

6. Your data and content

You and your connected sources may provide data and content to the Service, including order, product, customer, spend, and messaging data (“Customer Data”). As between you and us, you retain ownership of your Customer Data.

You grant LTVera a worldwide, royalty-free license to host, process, and use Customer Data to operate, secure, support, and improve the Service, including to train and improve our models. We use commercially reasonable efforts to ensure that any data we use for our own product development outside your account is aggregated and de-identified so that it cannot reasonably be used to identify you, your customers, or your business.

You represent that you have all rights and consents necessary to provide Customer Data and to permit the uses described here and in your Customer Terms, and that your provision of it complies with applicable law.

7. Our content and intellectual property

The Service and all materials in it, including software, models, text, graphics, logos, and trademarks (the “LTVera Content”), and all intellectual property rights in them, are owned by LTVera and its licensors. Except as expressly permitted, you may not copy, modify, distribute, or create derivative works from the LTVera Content.

Feedback

If you share ideas or feedback about the Service, you agree we may use them without restriction or obligation to you.

8. Plans, fees, and payment

Our standard fees are described at ltvera.com/pricing and may be based on subscription tiers, a percentage of measured incremental lift, or other metrics. Fees are stated exclusive of taxes, and you are responsible for applicable taxes. Unless your Customer Terms say otherwise, plans renew automatically for successive periods until you provide 30 days’ notice of non-renewal, and fees are non-refundable except where required by law. We may change fees prospectively by posting updated pricing or as set out in your Customer Terms.

9. No professional advice

The Service may present financial, operational, or other information and recommendations. This is provided for informational purposes only and is not financial, legal, tax, or other professional advice. You are responsible for your own business decisions and should seek qualified professional advice where appropriate.

10. Copyright and DMCA

We respect intellectual property rights. If you believe content on the Service infringes your copyright, send a notice to our designated agent at [email protected] including: a description of the work; the location of the allegedly infringing material; your contact information; a statement of good-faith belief; a statement under penalty of perjury that your notice is accurate and that you are authorized to act; and your signature. We terminate the accounts of repeat infringers.

11. Third-party services and integrations

The Service connects to and links to third-party platforms and services that we do not control. Your use of those services is governed by their terms, not ours, and you use them at your own risk. We are not responsible for third-party services, and your dealings with them are solely between you and them.

12. Referrals and agency partners

We may offer referral or partner arrangements, including for agencies that bring client brands to LTVera. Any rewards, incentives, or revenue-share are subject to the specific terms of the applicable program, which we may modify or end at our reasonable discretion. We may withhold or revoke rewards where we determine a participant is abusing the program.

13. Indemnification

You agree to defend, indemnify, and hold harmless LTVera and its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your Customer Data, your violation of this Agreement, your violation of any third-party right or applicable law, or your negligence or willful misconduct.

14. Disclaimer of warranties

The Service and all associated products are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, LTVera disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be accurate, uninterrupted, secure, or error-free, or that it will produce any particular result. Some jurisdictions do not allow certain exclusions, so some of these may not apply to you.

15. Limitation of liability

To the maximum extent permitted by law, LTVera and its affiliates and licensors will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to your use of (or inability to use) the Service. LTVera’s total liability for all claims will not exceed the greater of the total fees you paid to LTVera in the twelve (12) months before the claim, or USD 100. This applies regardless of the theory of liability and even if LTVera was advised of the possibility of such damages.

16. Governing law, arbitration, and class action waiver

This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any arbitration is governed by the Federal Arbitration Act.

For any dispute, you agree to first contact us at [email protected] and try to resolve it informally. If unresolved after 60 days, you and LTVera agree to resolve the dispute by binding individual arbitration administered by JAMS in Los Angeles County, California, except that either party may seek injunctive relief in court to protect intellectual property or confidential information.

All claims must be brought in the parties’ individual capacity and not as a plaintiff or class member in any class or representative action. You and LTVera each waive the right to a jury trial and to participate in a class action. If this waiver is found unenforceable, the entire arbitration agreement is unenforceable.

17. General

You may not assign this Agreement without our consent; we may assign it without restriction. We may provide notices by email, in-product, or by posting to our website. We may update this Agreement from time to time; when we make material changes we will update the date above and provide notice, and your continued use means you accept the changes. If any provision is found invalid, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. This Agreement, with any Customer Terms, is the entire agreement between you and LTVera regarding the Service.

18. Contact

Questions about these Terms of Use? Contact us at [email protected].