Welcome to Pivotal Metrics (the “Service”), operated by Pivotal Metrics (“we,” “us,” or “our”). The Service is available at pivotalmetrics.com and related subdomains (collectively, the “Site”).
Pivotal Metrics is a B2B software platform that connects to your business systems (such as Shopify, QuickBooks, Stripe, and advertising platforms), analyzes operational and financial data, and generates metrics, insights, and AI-assisted reports. Authentication and identity services may be provided through Authio and other integrated providers.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. Except where prohibited by law, disputes must be resolved through binding individual arbitration rather than in court or as part of a class action.
By accessing or using the Service, you agree to these Terms of Service (“Terms”). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Service.
1. Changes to These Terms
We may modify these Terms at any time. If we make material changes, we will provide notice through the Service, by email, or by posting an updated version on the Site. Changes become effective no earlier than fourteen (14) days after notice, except that changes addressing new functionality or legal requirements may take effect immediately. Your continued use after the effective date constitutes acceptance.
2. Accounts and Registration
You may need to register for an account to access certain features. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly at support@pivotalmetrics.com if you suspect unauthorized access.
The Service is intended for business users. You must be at least 18 years old and authorized to enter into these Terms on behalf of yourself or your organization.
3. Connected Data Sources and Authorization
The Service allows you to connect third-party accounts and data sources via OAuth or similar authorization flows. By connecting a source, you represent that you have the right to grant us access to that data for the purpose of providing the Service.
You remain responsible for your relationships with third-party providers (including Shopify, Intuit QuickBooks, Stripe, Meta, Google, Klaviyo, and others), their terms, and any fees they charge. We do not control third-party services and are not liable for their availability, accuracy, or conduct.
4. License and Acceptable Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.
You agree not to:
- violate any applicable law or third-party rights;
- reverse engineer, decompile, or attempt to extract source code except where permitted by law;
- probe, scan, or test the vulnerability of the Service or circumvent security or access controls;
- resell, sublicense, or make the Service available to third parties except as expressly permitted by your subscription or agreement with us;
- use the Service to build a competing product using non-public aspects of the Service;
- upload malware, interfere with Service operation, or abuse rate limits or API access;
- misrepresent AI-generated outputs as human-verified facts without appropriate review, where such outputs inform material business or regulatory decisions.
5. Your Data and Customer Content
“Customer Data” means data you or your connected sources submit to or through the Service, including business metrics, transaction records, reports, uploaded files, and workspace configuration. You retain ownership of Customer Data.
You grant us a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data solely to provide, maintain, secure, and improve the Service, including generating AI-assisted analyses and reports at your direction. Our use of personal information is described in our Privacy Policy.
You represent that you have obtained all rights and consents necessary for us to process Customer Data as described in these Terms and the Privacy Policy.
6. AI-Generated Outputs
The Service may produce automated analyses, narratives, recommendations, and reports using machine learning and other AI techniques. AI outputs are provided for informational purposes and may be incomplete or inaccurate. You are responsible for reviewing outputs before relying on them for business, financial, tax, legal, or operational decisions.
We do not guarantee that AI-generated content is error-free, current, or suitable for any particular purpose. Where the Service offers graded autonomy or suggested actions, you control whether and when automated actions are enabled.
7. Subscription, Billing, and Trials
Certain features may be offered free of charge; others require a paid subscription or usage-based fees as described at signup or in an order form. Fees are non-refundable except where required by law or expressly stated otherwise.
We may change pricing with reasonable advance notice. If you do not agree to a price change, you may cancel before it takes effect.
8. Intellectual Property
We and our licensors own the Service, Site, software, documentation, branding, and all related intellectual property, excluding Customer Data. No rights are granted except as expressly set out in these Terms.
Feedback you provide may be used by us without restriction or compensation.
9. Confidentiality
Each party may receive non-public information from the other. The receiving party will use reasonable care to protect confidential information and use it only for purposes related to the Service. This obligation does not apply to information that is public, independently developed, or rightfully received from a third party without restriction.
10. Suspension and Termination
You may stop using the Service at any time. We may suspend or terminate access if you materially breach these Terms, if required by law, or if continued provision poses security or legal risk. Upon termination, your license ends and we may delete Customer Data after a reasonable retention period, subject to our Privacy Policy and applicable law.
11. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANALYTICS OR AI OUTPUTS WILL BE ACCURATE OR COMPLETE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
13. Indemnification
You will defend, indemnify, and hold harmless Pivotal Metrics and its officers, directors, employees, and agents from claims arising out of your use of the Service, your Customer Data, your connected integrations, or your violation of these Terms or applicable law.
14. Dispute Resolution and Arbitration
Except for claims seeking injunctive relief or small claims court matters, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in the United States, in the county where you reside or another mutually agreed location.
Class action waiver: disputes must be brought on an individual basis only. You and we waive any right to participate in a class, collective, or representative action.
You may opt out of arbitration within thirty (30) days of first accepting these Terms by emailing support@pivotalmetrics.com with subject line “Arbitration Opt-Out” and your account details.
15. Governing Law
These Terms are governed by the laws of the State of Delaware, excluding its conflict-of-law rules, except where mandatory consumer protections in your jurisdiction apply.
16. General
These Terms, together with the Privacy Policy and any order form or supplemental agreement, constitute the entire agreement between you and Pivotal Metrics regarding the Service. If any provision is unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
17. Contact
Questions about these Terms may be sent to support@pivotalmetrics.com.