Terms Of Service

01Who you are dealing with

This website and the service are operated by Demand Verity ("we", "us", "our"). Contact: info@demandverity.com.

02Eligibility

DV is for businesses. You must be at least 18 and use DV for business purposes, not as a consumer. You may not use DV if you are barred from doing so under applicable law, including sanctions and export control laws.

03Access before paid plans

We are opening DV to a limited group of businesses before paid plans start. Access at this stage is free unless we agree otherwise in writing, and it does not commit you to buying anything. Features may change, be limited or be removed as we improve the service.

04The service

DV gives each form submission on your website a verdict (ACT, DELAY or FILTER) with an operational note. It adds the verdict and note to the contact record in your CRM, autoresponder or Google Sheet, through API or webhook.

Depending on your plan, DV also provides:

• Demand Origin Intelligence
• a dashboard that reports estimated money and time saved.

How verdicts work

• Verdicts are decision support. You decide what your team and systems do with each verdict.
• DV's original verdict is never overwritten.
• FILTERed submissions are kept in your dashboard and still reach your connected tools, labeled. They are not deleted.
• Money and time saved figures are estimates based on your own settings. They are not a guarantee of results.

05Accounts

• Give accurate account information and keep it up to date.
• Keep login details secure and do not share accounts. Multi-factor authentication is required on every account.
• You are responsible for everything done under your account and by the users you invite.
• Tell us promptly at info@demandverity.com if you suspect unauthorized access.

06Acceptable use

You agree not to:

• install DV on websites you do not own or are not authorized to manage
• use DV for any unlawful, deceptive or discriminatory purpose, or to make decisions about people's eligibility for employment, credit, housing, insurance or similar
• collect data through DV that the law does not allow you to collect
• configure DV to collect passwords, payment card details, government ID numbers or health data
• attempt to reverse engineer, copy, resell or sublicense the service, or use it to build a competing product
• interfere with, overload or probe the security of the service, or get around usage limits
• upload malicious code or use the service to send spam.

07Your data and your visitors

• Ownership. You own the data you and your visitors provide through DV ("Customer Data").
• Our role. For your visitors' personal data, you are the controller and we are your processor. Our Data Processing Agreement forms part of these terms, and we will provide it before your account goes live.
• Your notice to visitors. In your own privacy notice, you must tell your website visitors that you use DV to evaluate form submissions. You must also obtain any consent your local law requires, including for cookies and similar storage.
• Sub-processors. The providers we use are listed on our Sub-processors page. We will tell you before adding or replacing one, so you can object.
• Our use. We use Customer Data only to provide, secure and support the service for you, and to produce aggregated statistics that do not identify you or any individual.

Our Privacy Policy explains what DV processes.

08Third-party tools

DV connects to tools you choose, such as your CRM, autoresponder or Google Sheets. Other companies provide those tools under their own terms. We are not responsible for:

• those tools
• how they use data once it reaches them
• changes they make that affect the connection.

09Plans, validations and seats

• What counts as a validation. A validation is one form submission that DV checks and decides on.
  • Every new submission counts, including a new submission by the same person.
  • An accidental double-send of the same submission does not count.
  • Support requests, job applications and vendor pitches that DV recognizes do not count.
• How the validation pool works.
  • Validations are shared across all projects and websites on your plan.
  • They reset at the start of each billing cycle and do not roll over.
  • Each domain or subdomain counts as one website.
• Usage warnings and limits.
  • We warn you at 80% and 95% of your limit.
  • At 100%, your forms keep working.
  • Extra packs are optional, apply only to the current billing cycle, and are never added without your action.
  • Without a pack, new submissions are saved but not scored until your next cycle.
• Seats. Each plan includes a set number of user seats: Launch 3, Growth 5, Scale 10, Enterprise custom. You can ask support for more.
• Plan changes. You can change plans at any time. Plan limits and features are those shown on our pricing page when you subscribe.

10Fees and refunds

Paid plans are not available yet, and we do not take payment during access before paid plans. Before we accept any payment, we will publish the full billing terms here. They will cover payment, renewal, taxes, and our 30-day money-back guarantee, including which purchases it does not cover.

11Availability and changes to the service

We work to keep DV available and fast, but it may occasionally be unavailable for maintenance, updates or reasons outside our control. DV is designed so that a problem with our script never stops your form submissions.

We may improve or change features over time. If we remove a feature you rely on, we will tell you in advance where reasonably possible.

12Confidentiality

Each of us will keep the other's non-public business information confidential, use it only for the purposes of these terms, and protect it with reasonable care.

This does not apply to information that:

• is public through no fault of the recipient
• the recipient already knew
• the recipient developed independently
• must be disclosed by law.

13Intellectual property and feedback

We own DV, its software, design and brand. These terms give you a limited, non-exclusive, non-transferable right to use the service during your subscription. If you send us suggestions or feedback, we may use them without obligation to you.

14Disclaimers

DV weighs evidence and can be wrong. Except as expressly stated in these terms, the service is provided "as is" and "as available". We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

We do not guarantee that every submission will be classified correctly, or that the service will be uninterrupted or error free. Nothing in these terms limits rights you have under law that cannot be excluded.

15Limitation of liability

To the extent the law allows:

• (a)neither of us is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue, deals or data, even if advised of the possibility
• (b)each party's total liability arising out of these terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

These limits do not apply to:

• your payment obligations
• your breach of section 6
• either party's liability that cannot be limited by law.

16Indemnity

• You to us. You will defend and indemnify us against third-party claims arising from your use of DV in breach of these terms or the law. This includes collecting visitor data without a required notice or consent.
• Us to you. We will defend and indemnify you against third-party claims that the DV service, used as permitted, infringes their intellectual property rights.

17Suspension and termination

• You can stop using DV or cancel at any time.
• We may suspend access immediately if your use threatens the security or stability of the service or breaks the law. We will tell you why.
• Either party may end these terms if the other seriously breaches them and does not fix the breach within 30 days of notice.
• After your account ends, you can export your Customer Data for 30 days. After that we delete it, except where the law requires us to keep it.
• Sections that by their nature should survive termination do survive it, such as confidentiality, limitation of liability and indemnity.

18Changes to these terms

We may update these terms. For significant changes, we will give you at least 30 days' notice by email. If you continue using DV after the change takes effect, you accept the new terms. If you do not agree, you can cancel before then.

19Governing law and disputes

These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law rules.

Disputes will be handled by the state and federal courts located in Delaware, and both parties consent to their jurisdiction. This does not apply where the law where you are based gives you the right to bring a claim locally.

Before starting legal proceedings, each party will first try to resolve the dispute in good faith by email for 30 days.

20General

• Entire agreement. These terms, together with the Data Processing Agreement and any order you place, are the whole agreement between us about DV.
• Assignment. You may not transfer these terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
• Severability and waiver. If a provision is found unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of it.
• Notices. We will send notices to the email on your account. You can send notices to info@demandverity.com.
• Independent parties. Nothing in these terms creates a partnership, agency or employment relationship.