1. Acceptance of Terms
These Website Terms of Use (the "Terms") are a binding agreement between you and Tivium ("Tivium," "we," "us," or "our"). They govern your access to and use of tivium.ai and any other website we operate that links to these Terms, including its content, features, and tools (together, the "Site").
By accessing or using the Site, you agree to these Terms and to our Privacy Policy. If you are using the Site on behalf of a company or other organization, you confirm that you have authority to bind it, and "you" includes that organization. If you do not agree to these Terms, do not use the Site.
2. Changes to the Terms and the Site
We may update these Terms from time to time. When we do, we will post the revised version on the Site and update the effective date above. Your continued use of the Site after an update means you accept the revised Terms. We may also modify, suspend, or discontinue any part of the Site at any time, without liability to you.
3. Eligibility and Business Use
The Site is intended for business audiences. You must be at least 18 years old and able to form a binding contract to use it. You may use the Site only in compliance with these Terms and all applicable laws.
4. Intellectual Property and Limited License
The Site and everything on it, including text, graphics, logos, product names, frameworks and methodologies (such as Outcome-Led GrowthTM), software, and the look and feel of the Site, are owned by Tivium or its licensors and protected by intellectual property laws. Tivium and our logos are trademarks of Tivium. You may not use them without our prior written permission.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site and its content for your own internal business purposes. You may not copy, modify, distribute, sell, create derivative works from, or publicly display any part of the Site except as permitted by these Terms or with our written consent. All rights not expressly granted are reserved.
5. Acceptable Use
You agree not to:
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Use the Site in any way that violates applicable law or the rights of others.
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Copy, scrape, crawl, or harvest content or data from the Site by automated means, except for standard search engine indexing.
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Attempt to gain unauthorized access to the Site, our systems, or other users' information, or probe, scan, or test their vulnerabilities.
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Introduce viruses, malware, or other harmful code, or interfere with or disrupt the Site or its infrastructure.
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Reverse engineer, decompile, or attempt to extract source code from any part of the Site.
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Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
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Use the Site to build a competing product or to benchmark or analyze it for a competitive purpose.
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Submit unlawful, infringing, defamatory, or harmful content through the Site.
6. Submissions and Feedback
If you send us information through the Site, such as a demo request, message, or application, you are responsible for its accuracy and you confirm you have the right to share it. If you send us comments, ideas, or suggestions about Tivium or the Site ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate that Feedback in our business without obligation or compensation to you. We handle personal information you submit as described in our Privacy Policy.
7. Third-Party Links and Content
The Site may link to or display content from third parties. These are provided for convenience only. We do not control or endorse them and are not responsible for their content, availability, or practices. Your use of third-party sites is at your own risk and subject to their terms.
8. Relationship to the Tivium Platform and Customer Agreements
These Terms apply to the Site only. Use of the Tivium platform and related services is governed by a separate written agreement between Tivium and the customer, or by the subscription terms accepted at sign-up (the "Customer Agreement"). If there is a conflict between these Terms and a Customer Agreement regarding the platform or services, the Customer Agreement controls. Information on the Site about our products, roadmap, or features is for general information, is not a commitment to deliver any feature, and is not an offer or contract.
9. Disclaimers
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ITS CONTENT IS ACCURATE, COMPLETE, OR CURRENT. CONTENT ON THE SITE IS FOR GENERAL INFORMATION ONLY AND IS NOT BUSINESS, LEGAL, OR FINANCIAL ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO PART OF THIS SECTION MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TIVIUM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SITE WILL NOT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
11. Indemnification
You agree to defend, indemnify, and hold harmless Tivium and its affiliates, officers, directors, employees, and licensors from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Site, your violation of these Terms, or your violation of any law or the rights of a third party.
12. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms or for any other reason. You may stop using the Site at any time. Sections that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will survive.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Delaware, and you consent to their jurisdiction and venue. Before filing a claim, you agree to try to resolve the dispute informally by contacting us using the details in Section 16.
14. Privacy
Our Website Privacy Policy (tivium.ai/privacy) explains how we collect and use personal information through the Site and is incorporated into these Terms.
15. General Provisions
These Terms, together with the Privacy Policy, are the entire agreement between you and Tivium regarding the Site and replace any earlier understandings about it. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them freely. Nothing in these Terms creates a partnership, agency, or employment relationship between you and Tivium.
16. Contact Us
If you have questions about these Terms, contact us at:
Tivium
2852 Willamette Street, Eugene, OR 97405
Email: privacy@tivium.ai