Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Geysera LLC ("Geysera," "we," "us," or "our") governing your access to and use of the Geysera platform, website, and related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

These Terms incorporate by reference our Privacy Policy, which describes how we collect, use, and protect your personal information.

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will provide notice through the Services or by other means, such as email, at least seven (7) days before the changes take effect.

Your continued use of the Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

To use the Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal authority to enter into these Terms on behalf of yourself or the entity you represent
• Not be prohibited from using the Services under applicable law
• Not have been previously suspended or removed from the Services

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

To access certain features of the Services, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, misleading, or incomplete, or if you violate these Terms.

Geysera provides an AI-powered retention marketing platform that includes:

• RFM Segmentation: Behavioral customer segmentation based on recency, frequency, and monetary value
• AI-Powered Personalization: Machine learning algorithms that learn your brand voice and generate personalized marketing content
• Causal Measurement: Randomized control trials and incrementality testing to measure true revenue impact
• Email Marketing Automation: Automated email campaigns optimized for customer retention
• Analytics and Reporting: Dashboards and insights to track campaign performance and customer behavior

The specific features available to you depend on your subscription plan and any applicable Order Agreement.

Subscription Plans

Access to the Services requires a paid subscription. Subscription details, including features, pricing, and billing frequency, are set forth in your Order Agreement or on our website.

Automatic Renewal

Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for successive periods of the same duration at the then-current rates.

Fee Changes

We may increase subscription fees once per 12-month period. We will provide at least 30 days' notice of any fee increase. The new fees will apply to your next renewal period.

Payment Terms

All fees are due in advance and are non-refundable except as expressly provided in these Terms or required by law. You are responsible for all applicable taxes.

Performance Fee

Certain subscription plans include a performance fee based on proven incremental revenue generated by the Services. Performance fees are calculated and billed monthly based on our causal measurement methodology.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services solely for your internal business purposes.

You agree not to:

• Copy, modify, or create derivative works of the Services
• Reverse engineer, disassemble, or decompile the Services
• Rent, lease, sell, sublicense, or transfer access to the Services
• Use the Services to develop a competing product or service
• Scrape, crawl, or use automated means to access the Services without our consent
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to the Services or related systems
• Use the Services for any unlawful purpose or in violation of applicable law
• Transmit viruses, malware, or other harmful code through the Services

Your Data

You retain all rights in and to the data you submit to the Services ("Customer Data"). You grant us a limited license to use Customer Data solely to provide and improve the Services.

Data Responsibilities

You are responsible for:

• Ensuring you have the right to provide Customer Data to us
• The accuracy and legality of Customer Data
• Obtaining necessary consents from your customers for data processing
• Complying with applicable data protection laws

Data Processing

We process Customer Data as a data processor on your behalf, in accordance with our Privacy Policy and any applicable Data Processing Agreement.

Geysera IP

Geysera retains all right, title, and interest in and to the Services, including all software, algorithms, interfaces, technology, and documentation, as well as all improvements, modifications, and derivative works thereof. Nothing in these Terms transfers any ownership rights to you.

Feedback

If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into the Services without restriction or compensation.

Aggregated Data

We may create anonymized, aggregated data derived from Customer Data ("Aggregated Data"). Aggregated Data does not identify you or your customers. We own Aggregated Data and may use it for any lawful purpose.

Each party agrees to maintain the confidentiality of the other party's Confidential Information and not to disclose it to third parties except as permitted under these Terms.

"Confidential Information" means non-public information designated as confidential or that reasonably should be considered confidential, including business plans, customer data, pricing, and technical information.

The receiving party must protect Confidential Information with at least the same degree of care it uses for its own confidential information, but no less than reasonable care.

Confidentiality obligations survive termination of these Terms for five (5) years.

The Services may integrate with third-party services, including email service providers, analytics platforms, and e-commerce platforms (such as Shopify). Your use of third-party services is subject to their respective terms and privacy policies.

We do not review, approve, monitor, endorse, or warrant third-party services. You are solely responsible for your use of third-party services and compliance with their terms.

We will use commercially reasonable efforts to maintain the availability and performance of the Services. Specific service level commitments, if any, are set forth in your Order Agreement.

We provide customer support during normal business hours. Response times and support channels vary by subscription plan.

Term

These Terms remain in effect until terminated by either party.

Termination by You

You may terminate your subscription by providing notice before the end of your current billing period. Your access will continue until the end of the paid period.

Termination by Geysera

We may terminate or suspend your access to the Services:

• With 30 days' notice for any reason
• Immediately if you breach these Terms
• Immediately if required by law
• Immediately if you fail to pay fees when due

Effect of Termination

Upon termination, your right to access the Services ceases immediately. You have 30 days to export your Customer Data. After this period, we may delete your data.

Survival

Sections relating to intellectual property, confidentiality, limitation of liability, indemnification, and dispute resolution survive termination.

You agree to indemnify, defend, and hold harmless Geysera and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Your Customer Data
• Any dispute between you and your customers

These Terms are governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law principles.

Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at support@geysera.com and attempt to resolve the dispute informally for at least 30 days.

Arbitration

Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally shall be finally resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

The arbitration shall be conducted in Seattle, Washington. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

Entire Agreement

These Terms, together with the Privacy Policy and any Order Agreement, constitute the entire agreement between you and Geysera regarding the Services.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Force Majeure

Neither party will be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, war, terrorism, pandemics, natural disasters, or failures of third-party services.

Notices

We may provide notices to you via email to the address associated with your account or through the Services. You may provide notices to us at the address below.

Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

If you have questions about these Terms of Service, please contact us at: