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Terms of Service

Last updated: July 18, 2026

These Terms of Service (the "Terms") govern access to and use of the vTilt platform, websites, SDKs, APIs, and related services (collectively, the "Service") provided by vTilt, Inc. ("vTilt", "we", "us", or "our"). By creating an account or using the Service, you agree to these Terms on behalf of yourself and, if you use the Service for an organization, on behalf of that organization ("Customer", "you"). If you do not agree, do not use the Service.

You must be at least 18 years old and use the Service only for business purposes.

#1. The Service

vTilt is a conversion intelligence platform. It captures behavioral data from your websites and applications through the vTilt SDK, provides analytics, session replay, chat, campaign, and AI-driven features, and can connect to third-party services you authorize. We may improve, modify, or discontinue features of the Service; if we discontinue a material feature, we will provide reasonable advance notice where practicable.

#2. Accounts and workspaces

You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for safeguarding your credentials, API keys, and project tokens. Workspace owners and admins control membership and permissions in their workspace and are responsible for the actions of the members and AI agents they authorize. Notify us promptly at hello@vtilt.com of any unauthorized use of your account.

#3. Your content and data

As between you and vTilt, you own the data you submit to the Service and the data collected from your websites and applications through the SDK ("Customer Data"). You grant vTilt a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Service and as otherwise permitted by these Terms.

For personal data contained in Customer Data, you are the data controller and vTilt is your processor or service provider. We process such data on your documented instructions as described in our Privacy Policy. We may use aggregated and de-identified data that does not identify you or any person to operate and improve the Service.

#4. Your responsibilities for End User data

Because you decide what data the SDK collects on your properties, you are responsible for collecting it lawfully. You agree that you will:

  • provide End Users with a legally adequate privacy notice that discloses your use of analytics, session replay, and similar technologies;
  • obtain and honor all consents and opt-outs required by applicable law (including cookie and tracking consent where required);
  • configure the Service appropriately for your obligations — including session-replay masking for sensitive fields;
  • not use the Service to collect data from services directed to children, or special categories of data (such as health, financial account, or government identifiers) unless you have a lawful basis and have configured the Service appropriately; and
  • respond to End User privacy requests relating to your properties.

#5. Acceptable use

You will not, and will not permit anyone to:

  • use the Service in violation of applicable law or the rights of others;
  • send spam or unsolicited messages through campaign or chat features, or send messages in violation of anti-spam laws such as CAN-SPAM or equivalent laws;
  • upload malware or interfere with or disrupt the Service;
  • attempt to access another customer's data or circumvent access controls, usage limits, or security measures;
  • reverse engineer the Service except where permitted by law, or resell or provide the Service to third parties as a standalone offering without our written agreement; or
  • use the Service to build a competing product.

We may suspend access immediately where we reasonably believe use violates this section or threatens the security or integrity of the Service, and will restore access once the issue is resolved.

#6. Third-party services and advertising integrations

The Service can connect to third-party services you authorize — for example, advertising platforms (such as Google Ads or Meta Ads), email providers, and destinations for event forwarding. For any connected service:

  • you represent that you have the right to connect the account and authorize vTilt to access and act on it on your behalf;
  • your use of the third-party service remains governed by that party's own terms and policies, and you are responsible for complying with them;
  • actions performed through vTilt — including campaign changes and budget updates — are performed at your direction, and you remain fully responsible for the resulting activity and any advertising spend (new advertising entities created through vTilt default to a paused state, and changes are logged); and
  • we are not responsible for third-party services, their availability, or changes they make to their APIs.

#7. AI features

The Service includes features powered by artificial intelligence, including behavioral summaries, AI-assisted analytics, and AI-generated content such as messages and emails. AI output is generated automatically and may be incorrect, incomplete, or unsuitable for your purposes. You are responsible for reviewing AI output before relying on it or sending it to End Users, and for ensuring your use of AI-generated content complies with applicable law. AI features are provided as part of the Service "as is" and may change as underlying models evolve.

#8. Plans, fees, and taxes

vTilt offers a free plan with usage limits and paid plans with additional capacity and features. Paid plans are billed in advance on a subscription basis and are non-refundable except as required by law or expressly stated otherwise. We may change pricing or plan limits with at least 30 days' notice, effective at your next renewal. Fees are exclusive of taxes; you are responsible for applicable taxes other than taxes on our income. We may suspend the Service for accounts with overdue amounts after reasonable notice.

#9. Intellectual property

vTilt and its licensors own the Service, including all software, SDKs, documentation, and branding, and all related intellectual property rights. These Terms grant you no rights in the Service except the limited right to use it in accordance with these Terms. If you provide feedback or suggestions, we may use them without restriction or obligation to you.

#10. Beta features

We may offer features identified as beta, preview, or early access. Beta features are provided for evaluation, may be changed or discontinued at any time, and are provided "as is" without warranties or service commitments of any kind.

#11. Confidentiality

Each party will protect the other's confidential information with at least reasonable care, use it only to perform under these Terms, and not disclose it except to employees, agents, and advisors bound by confidentiality obligations, or as required by law with reasonable prior notice where permitted.

#12. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, VTILT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANALYTICS OR AI OUTPUT WILL BE ACCURATE OR COMPLETE.

#13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO VTILT IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR US $100 IF YOU USE ONLY THE FREE PLAN). THESE LIMITS DO NOT APPLY TO A PARTY'S INDEMNIFICATION OBLIGATIONS, YOUR PAYMENT OBLIGATIONS, OR EITHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

#14. Indemnification

You will defend and indemnify vTilt against third-party claims arising from (a) Customer Data, including claims that you collected End User data without a required notice, consent, or lawful basis; (b) your use of the Service in violation of these Terms or applicable law; or (c) your connected third-party accounts and advertising activity. We will defend and indemnify you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes their intellectual property rights. The indemnified party must provide prompt notice and reasonable cooperation, and the indemnifying party controls the defense.

#15. Term, suspension, and termination

These Terms apply for as long as you use the Service. You may stop using the Service and delete your account at any time. Either party may terminate for material breach not cured within 30 days of notice. Upon termination, your right to use the Service ends; you may export your Customer Data before termination, and we will delete Customer Data in accordance with our Privacy Policy and data retention practices. Sections that by their nature should survive termination (including Sections 3, 9, and 11 through 17) survive.

#16. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the dashboard at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

#17. Governing law, binding arbitration, and class action waiver

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Informal resolution first. Before initiating arbitration, the party raising a dispute must send the other party a written notice describing the dispute, and the parties will attempt in good faith to resolve it within 30 days of the notice. Notices to vTilt should be sent to legal@vtilt.com.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will be conducted in English. It will take place in San Francisco, California, unless the parties agree otherwise or the arbitrator determines it may proceed by videoconference or on written submissions. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, and may award the same relief on an individual basis that a court could. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and the remaining claims stay in arbitration.

Exceptions. Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction for infringement or misuse of intellectual property rights, unauthorized access to the Service, or breach of Section 11 (Confidentiality). For any dispute properly brought in court, the parties consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

#18. General

These Terms, together with the Privacy Policy and any order or plan terms you accept, are the entire agreement between you and vTilt regarding the Service. If any provision is unenforceable, the remainder stays in effect. Neither party may assign these Terms without the other's consent, except to a successor in connection with a merger or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. Legal notices to vTilt should be sent to legal@vtilt.com; general inquiries to hello@vtilt.com.

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