Terms and Conditions

1. Agreement to Terms

These Terms and Conditions govern your access to and use of Pivot's website, applications, SDKs, scripts, and experimentation services.

By accessing or using Pivot, you agree to these terms on behalf of yourself or the company you represent.

2. Services

Pivot provides tools for running A/B tests, feature experiments, campaign personalization, and conversion analytics.

We may update, modify, or discontinue features from time to time to improve reliability, security, or product direction.

3. Accounts and Responsibilities

• You must provide accurate account information and keep it up to date.
• You are responsible for account security and activities under your credentials.
• You must use Pivot in compliance with applicable laws, regulations, and third-party rights.
• You are responsible for the content, targeting logic, and claims made in your experiments.

4. Acceptable Use

• Do not use Pivot to process unlawful, harmful, or deceptive content.
• Do not attempt to interfere with platform availability, integrity, or security.
• Do not reverse engineer or misuse APIs, scripts, or infrastructure except as permitted by law.
• Do not use Pivot to violate privacy or consumer protection laws.

5. Data Protection and Privacy

Your use of Pivot is also governed by our Privacy Policy. You are responsible for obtaining required notices and consents from your end users where needed.

For customer event data, customers generally act as data controllers and Pivot acts as a processor/service provider.

6. Fees, Billing, and Plan Limits

Some Pivot features are offered on paid plans. By purchasing a paid plan, you agree to pay applicable fees and taxes.

Plan limits, usage quotas, and feature access are defined by your subscription. We may suspend or limit service for non-payment or overages until resolved.

7. Intellectual Property

Pivot and its software, branding, and documentation are owned by Pivot or its licensors and are protected by intellectual property laws.

Subject to these terms, we grant you a limited, non-exclusive, non-transferable right to use the services during your subscription term.

8. Confidentiality

Each party may receive confidential information from the other. The receiving party must protect that information and use it only for purposes of performing under these terms.

9. Warranties Disclaimer

Pivot is provided on an 'as is' and 'as available' basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the maximum extent permitted by law, Pivot is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenues, data, or goodwill.

Pivot's aggregate liability arising out of or related to the services will not exceed the amount paid by you for Pivot in the 12 months before the claim.

11. Website Performance and Impact

Pivot's scripts, SDKs, and experimentation tools are injected into or loaded alongside your website. By using Pivot, you acknowledge and accept the following:

• Pivot is not responsible for any additional page load time, latency, or performance impact caused by running experiments, scripts, or tracking on your website.
• Pivot is not responsible for any downtime, outages, or service interruptions on your website, whether caused directly or indirectly by the use of our tools.
• Pivot is not responsible for any broken functionality, visual regressions, layout shifts, or unintended changes to your website resulting from experiments or configurations you create.
• You are solely responsible for testing and verifying all experiments in a staging or non-production environment before deploying to live traffic.
• Any use of Pivot on your production website is at your own risk and expense. We strongly recommend thorough QA testing before launching experiments to live users.

12. Indemnification

You agree to indemnify and hold harmless Pivot from claims, liabilities, damages, and expenses arising from your use of the service, your content, or your violation of these terms or applicable law.

13. Suspension and Termination

We may suspend or terminate access if you materially breach these terms, create legal or security risk, or fail to pay fees when due.

Upon termination, your right to use the services ends. Certain terms survive termination, including payment obligations, liability limits, and confidentiality provisions.

14. Governing Law

These terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles, unless otherwise required by applicable law.

15. Changes to Terms

We may update these terms from time to time. Material updates will be posted with a revised effective date.

Continued use of Pivot after updated terms are effective means you accept the updated terms.

16. Contact

Questions about these Terms and Conditions can be sent to legal@runpivot.com.

Effective date: February 10, 2026.