Terms of Service

1. These Terms and who they apply to

These Terms of Service (the “Terms”) govern access to and use of the products and services provided by Convosight Analytics Private Limited ( "ConvoSight," "we," “us,” or “our”), including ConvoTrack, ARIA, Persona, research reports, APIs, websites used to access the Services, and approved connectors and integrations (collectively, the “Services”).

“Customer” or “you” is the legal entity that accepts these Terms or enters into an Order with ConvoSight. An “Authorised User” is an individual whom Customer authorises to use the Services on its behalf, including through a logged-in account, API or approved connector. Customer is responsible for its Authorised Users. “Order” means an order form, statement of work, online subscription selection or other written ordering document accepted by ConvoSight. “Documentation” means ConvoSight’s then-current user or technical documentation for the relevant Service.

By accepting an Order, clicking to accept these Terms, creating an account, or accessing or using the Services, Customer agrees to be bound by the Agreement. Anyone accepting these Terms on behalf of an entity represents that they have authority to bind that entity. The Services are intended for organisations and professional or business use and may only be used by individuals who are at least 18 years old. Customer must use the Services only where lawfully available and in compliance with applicable laws, including trade, sanctions and export-control laws.

2. Governing documents

These Terms and each applicable Order form the Agreement between Customer and ConvoSight. If Customer and ConvoSight have entered into an MSA, the MSA governs. The applicable SOW governs the Services, scope, fees and other commercial terms set out therein. Any applicable PO is subject to the MSA and SOW, and any terms included in a PO will not modify the Agreement unless expressly agreed in writing by ConvoSight.

Terms printed on a Customer purchase order do not modify the Agreement and are for administrative purposes only.

3. Services and logged in access

Subject to the Agreement, ConvoSight grants Customer, during the applicable subscription or project term, a limited, non-exclusive, non-transferable and non-sublicensable right for its Authorised Users to access and use the Services and Documentation for Customer’s internal business purposes and any additional purposes stated in the Order. No other right is granted.

The applicable Order or Documentation identifies the Services, deliverables, usage entitlements, query allowances, API limits, support and term. Customer must not exceed those entitlements. Credentials, tokens and API keys may be used only by Customer and the Authorised Users for whom they are issued. ConvoSight may use reasonable technical controls to enforce limits and may use service providers and subprocessors to provide the Services while remaining responsible to the extent required by the Agreement and law.

Customer must provide accurate information, keep it current, control administrative access, promptly remove access for anyone no longer authorised, protect credentials and report suspected compromise to reachus@convosight.com. Customer is responsible for activity under its accounts except to the extent caused by ConvoSight’s breach, and for its systems, connectivity, integrations, source selections and lawful instructions.

4. Acceptable use

Customer must not, and must not enable anyone to:

• use the Services unlawfully, fraudulently or in a manner that infringes the rights of others;

• gain or attempt to gain unauthorised access to the Services, accounts, systems or security controls;

• introduce malware, malicious code or other harmful material into the Services;

• interfere with, disrupt, damage or circumvent the operation or security of the Services; or

• misuse the Services in any manner that could materially harm ConvoSight, its Services or other users.

5. Customer Data and privacy

“Customer Data” means research briefs, files, prompts, API parameters, source selections, feedback, support content and other data submitted by Customer or an Authorised User, excluding ConvoSight Materials and data ConvoSight obtains independently from public or licensed sources. Customer retains its rights in Customer Data and represents that it has the rights, permissions and lawful bases needed to provide it and instruct its processing.

Customer grants ConvoSight and its service providers a worldwide, non-exclusive right during the Agreement to host, copy, transmit, display, modify and otherwise process Customer Data only as necessary to provide, secure, support and administer the Services, comply with Customer’s documented instructions and applicable law, and exercise ConvoSight’s rights under the Agreement.

ConvoSight may use de-identified service data and user feedback to test and improve its systems only. ConvoSight will not use Customer Data and source content to train or fine-tune a general-purpose model unless the applicable customer agreement and source rights expressly permit it.

ConvoSight processes information about customers, Authorised Users and website visitors as described in its Privacy Policy. Its Public Content Notice applies to individuals whose public social content is analysed, and its Cookie Policy. Customer must comply with applicable privacy laws when using or disclosing Customer Data and Outputs. Security, subprocessors, data transfers, audits, and incident notification obligations are governed by these Terms and the applicable Order.

6. Source content and Outputs

The Services may use publicly available social-media content, licensed market datasets and other permitted sources to provide Customer with insights, analysis, reports and other outputs. Third-party content remains subject to its owners’ rights and applicable terms and licences, and Customer may use such content only as permitted by the Agreement and applicable law.

“Outputs” means reports, insights, metrics, summaries, analyses, visualisations, API responses and other results provided through the Services. Outputs may include ConvoSight Materials, Customer Data, third-party content, licensed datasets and model-generated material.

Subject to the Agreement, Customer may use Outputs for its internal business purposes and any additional purposes stated in the applicable Order.

Outputs are for informational and analytical purposes and may be incomplete, inaccurate, outdated or non-unique. Certain Outputs may be probabilistic or inferential. Customer is responsible for evaluating Outputs before relying on them. Outputs are not legal, financial, medical, employment, credit, insurance or other regulated advice and must not be used as the sole basis for decisions producing legal or similarly significant effects about an individual.

ConvoSight may remove or modify source content or related Outputs where required by applicable law, licence restrictions or changes in source availability.

7. Intellectual property and confidentiality

ConvoSight and its licensors own the Services, Documentation, software, APIs, models, methods, designs, workflows, taxonomies, templates, aggregated know-how and other technology or materials provided by or for ConvoSight (“ConvoSight Materials”), including all related intellectual-property rights. No ownership transfers to Customer. Customer may use ConvoSight Materials embedded in an Output only as needed for a permitted use of that Output. Broader rights for bespoke reports, deliverables or branded publication must be in the Order. ConvoSight may use feedback without restriction or payment but will not identify Customer or disclose Customer Confidential Information without permission. IP complaints may be sent to legal@convosight.com, and/or sales@convosight.com.

“Confidential Information” is non-public information identified as confidential or reasonably understood to be confidential, including Customer Data, security information, non-public product information, pricing and business plans. It excludes information the recipient can document is public without breach, lawfully known without restriction, lawfully received without a confidentiality duty, or independently developed without using it. The recipient will use Confidential Information only under the Agreement, protect it with at least reasonable care, and disclose it only to personnel, advisers and contractors who need it and are bound by equivalent duties. Legally compelled disclosure is permitted after prompt notice where lawful and with reasonable assistance, at the discloser’s expense, to seek protection. Either party may seek equitable relief for actual or threatened misuse.

8. AI assistants and third party services

Approved features may allow an Authorised User to access a Service through a third-party AI assistant or Model Context Protocol connector, or to use third-party models. Customer authorises prompts, selected context and generated responses to pass between ConvoSight and the provider only as needed to complete the user’s request. Customer must connect only authorised accounts, protect credentials and tokens, review permissions and settings, and disconnect access when no longer needed.

The third-party assistant, surrounding conversation and independent provider processing are governed by that provider’s terms and privacy notice. ConvoSight is not responsible for an independent provider except where it acts as ConvoSight’s subprocessor or ConvoSight assumes responsibility in an Order. ConvoSight does not authorise providers acting on its behalf to use Customer Data, Customer-specific Outputs, personal information contained in them, or public content supplied by ConvoSight to train or fine-tune general-purpose models.

Other third-party platforms, datasets, models, links and services are governed by their providers. Customer authorises exchanges needed for enabled integrations. ConvoSight may suspend or discontinue an integration if access is withdrawn, terms change, or it creates security, legal or material service risk.

9. Fees

Fees and other commercial terms are set out in the applicable MSA and/or SOW.

10. Paid services and trial access

ConvoSight will provide the Services with reasonable skill and care and substantially in accordance with the applicable Documentation. Service levels, support commitments and service credits apply only where expressly stated in an applicable Order or SLA. Trial, beta, demo and evaluation access is subject to the same general terms as the Services and may be modified, suspended or discontinued at any time and is not subject to service levels or service credits unless otherwise agreed. ConvoSight may modify or temporarily suspend the Services for maintenance, security, legal or third-party requirements, or circumstances beyond its reasonable control, and will provide reasonable notice of planned material disruptions where practicable. ConvoSight will maintain reasonable administrative, technical and organisational safeguards designed to protect Customer Data.

11. Warranties and disclaimers

Each party represents that it has authority to enter into the Agreement and will comply with applicable laws. ConvoSight warrants only that the Services will be provided with reasonable skill and care and substantially in accordance with the applicable Documentation during the applicable subscription term. If the Services do not meet this warranty, Customer’s exclusive remedy is for ConvoSight to use reasonable efforts to correct or re-perform the affected Services. Customer warrants that its data, instructions and use of the Services comply with the Agreement and applicable law and do not infringe third-party rights.

Except for the express warranties stated in these Terms and to the extent permitted by law, the Services, Outputs and third-party content are provided “as is” and “as available.” ConvoSight disclaims all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement, and does not warrant that the Services will be uninterrupted or error-free or that Outputs will be complete, accurate or current. Customer must notify ConvoSight of any material warranty claim within a reasonable period after becoming aware of the issue. Nothing in these Terms excludes any warranty that cannot be excluded under applicable law.

12. Indemnification

ConvoSight will defend Customer against third-party claims that the paid Services infringe intellectual property rights and will pay resulting damages and reasonable costs. Customer will defend ConvoSight against third-party claims arising from Customer Data, instructions, or unlawful or unauthorised use of the Services. The indemnified party must promptly notify the indemnifying party, provide reasonable cooperation, and allow control of the defence and settlement, subject to no admission of fault or non-monetary obligation without consent.

13. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill or data. Each party’s total liability under the Agreement will not exceed the fees paid or payable for the affected Services during the 12 months preceding the event giving rise to the claim. These limitations do not apply to liability that cannot be limited by law.

14. Changes to these Terms

ConvoSight may update these Terms from time to time to reflect changes in law, security, technology or the Services. Material changes will be notified in advance and will generally take effect upon renewal of the applicable Order, unless required earlier by law or security concerns. Other changes will take effect on the date stated in the revised Terms.

15. General

Notices. Legal notices must be written and sent to the address in the Order or later notified by the recipient. Customer notices may be sent to its administrator or Order contact at the address legal@convosight.com.

Privacy. Customer and its users must comply with applicable privacy and data protection laws when using the Services. Privacy-related rights and requests are governed by our Privacy Policy and applicable law.

Assignment. Neither party may assign the Agreement without the other’s prior written consent, not unreasonably withheld, except to an affiliate or in a merger, reorganisation or sale of substantially all relevant assets if the assignee assumes the Agreement and is not the other party’s direct competitor.

Force majeure. Neither party is liable for delay caused by events beyond reasonable control, excluding payment obligations. The affected party will reasonably mitigate and resume performance.

Miscellaneous. The parties are independent contractors. The Agreement creates no partnership, agency, fiduciary, employment relationship or third-party beneficiary. A waiver must be written. An unenforceable provision will be modified only as necessary and the remainder stays effective. The Agreement is the entire agreement on its subject and supersedes prior proposals and understandings, without limiting liability for fraud. “Including” means without limitation; headings are for convenience; and electronic acceptance and signatures are effective where lawful.

Questions about the Services or these Terms may be sent to legal@convosight.com. Privacy requests must use the details in the Privacy Policy.