Terms of Service

These Terms of Service ("Terms") govern your access to and use of the RivalDesk platform, website, and related services (collectively, the "Service") provided by RivalDesk, Inc. ("RivalDesk," "we," "us," or "our"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and Data Processing Agreement, which are incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement.

2. Service Description

RivalDesk provides an AI-powered competitive intelligence platform that enables organizations to monitor, analyze, and act on competitive information. The Service includes, but is not limited to:

• Automated monitoring of publicly available competitive data across multiple channels, including web content, social media, job postings, patent filings, regulatory documents, and other public sources.
• AI-powered analysis, severity scoring, and pattern detection to surface actionable competitive insights.
• Customizable briefings, reports, and dashboards for competitive intelligence consumption.
• Battle cards, integration capabilities, and API access for distributing intelligence across your organization.
• Collaboration tools for team-based competitive analysis.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes to the Service that may affect your use.

3. Account Registration

To access the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Responsibilities

• You must provide a valid business email address and accurate company information during registration.
• You are responsible for maintaining the security of your account, including using strong passwords and enabling multi-factor authentication where available.
• You must promptly notify us of any unauthorized access to or use of your account.
• You may not share your account credentials with any third party or allow multiple individuals to use a single account, unless authorized under your subscription plan.
• You are solely responsible for all activity that occurs under your account, whether or not authorized by you.

Account Administration

If you register for the Service on behalf of an organization, the individual who creates the account will be designated as the initial account administrator. The account administrator has the ability to manage users, permissions, billing, and other account settings. You are responsible for ensuring that your designated administrators manage the account in accordance with these Terms.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service to collect, store, or process information in violation of any applicable law, regulation, or third-party rights, including privacy and intellectual property rights.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Use the Service to transmit any viruses, malware, or other harmful code.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Use the Service to engage in competitive intelligence activities that constitute corporate espionage, illegal surveillance, or other unlawful information gathering.
• Scrape, crawl, or use automated means to access the Service beyond the intended API and integration capabilities.
• Resell, sublicense, or redistribute the Service or any data obtained through the Service without our prior written consent.
• Use the Service in any manner that could damage, disable, overburden, or impair our infrastructure or interfere with any other party's use of the Service.
• Remove, obscure, or alter any proprietary notices, labels, or marks on the Service.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including without limitation, removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

5. Intellectual Property

Our Intellectual Property

The Service, including all software, algorithms, models, designs, text, graphics, logos, icons, and other content, is owned by RivalDesk or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited license to use the Service as described herein.

Your Content

You retain all ownership rights in the data and content you upload to or create within the Service ("Your Content"). By using the Service, you grant RivalDesk a limited, non-exclusive, worldwide license to use, process, and display Your Content solely as necessary to provide and improve the Service.

Competitive Intelligence Data

The competitive intelligence data collected and analyzed by the Service is derived from publicly available sources. RivalDesk does not claim ownership of the underlying public information. However, the analysis, scoring, summaries, and other derivative works generated by our AI models are proprietary to RivalDesk and licensed to you for your internal business use during your active subscription.

Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant RivalDesk a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIVALDESK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
• ANY CONTENT OR DATA OBTAINED FROM THE SERVICE, INCLUDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF COMPETITIVE INTELLIGENCE DATA;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
• BUSINESS DECISIONS MADE BASED ON INFORMATION OR ANALYSIS PROVIDED BY THE SERVICE.

IN NO EVENT SHALL RIVALDESK'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO RIVALDESK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

THE SERVICE PROVIDES COMPETITIVE INTELLIGENCE FOR INFORMATIONAL PURPOSES ONLY. RIVALDESK DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY COMPETITIVE DATA OR ANALYSIS. YOU ACKNOWLEDGE THAT BUSINESS DECISIONS SHOULD NOT BE BASED SOLELY ON INFORMATION PROVIDED BY THE SERVICE.

7. Termination

Termination by You

You may terminate your account at any time by contacting us or through the account settings in the Service. Upon termination, your right to use the Service will immediately cease. Prepaid fees for the current billing period are non-refundable unless otherwise specified in your subscription agreement.

Termination by RivalDesk

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to:

• Violation of these Terms or any applicable law or regulation.
• Conduct that we determine, in our sole discretion, to be harmful to other users, third parties, or RivalDesk.
• Non-payment of fees when due.
• Extended period of inactivity.
• Request by law enforcement or government agency.

Effect of Termination

Upon termination of your account, we will make your data available for export for a period of 30 days. After this period, we will delete your data in accordance with our Privacy Policy. Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, limitation of liability, indemnification, and governing law.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to the personal jurisdiction of such courts.

Dispute Resolution

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at legal@rivaldesk.com. We will attempt to resolve the dispute through good faith negotiation for a period of at least 30 days. If the dispute cannot be resolved through negotiation, either party may pursue formal legal proceedings as described above.

Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Additional Provisions

Indemnification

You agree to indemnify, defend, and hold harmless RivalDesk and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

Entire Agreement

These Terms, together with the Privacy Policy and any applicable subscription agreement or order form, constitute the entire agreement between you and RivalDesk regarding the Service and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Waiver

The failure of RivalDesk to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of RivalDesk.

Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. RivalDesk may assign these Terms without restriction.

Contact

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

RivalDesk, Inc.
Attn: Legal Department
548 Market Street, Suite 42200
San Francisco, CA 94104
United States

Email: legal@rivaldesk.com