Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your use of the Glimmer service ("Service") operated by Glimmer ("we," "our," or "us"). By accessing or using our Service, you agree to be bound by these Terms.

If you disagree with any part of these terms, then you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

Service Description

Glimmer is a Software-as-a-Service (SaaS) platform that provides AI-powered micro-interventions to reduce user friction on websites. Our service includes:

• Behavioral Analytics: Real-time analysis of user interaction patterns
• Micro-Interventions: Contextual assistance and guidance for website visitors
• Dashboard Platform: Analytics and configuration tools for website owners
• JavaScript SDK: Integration tools for implementing Glimmer on websites
• API Access: Programmatic access to service features (Enterprise plans)
• Support Services: Technical support and implementation assistance

Account Registration

Account Creation

To use Glimmer, you must create an account by providing accurate and complete information:

• Valid email address
• Secure password
• Company or organization name (if applicable)
• Billing information for paid plans

Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring information provided is accurate and up-to-date

Account Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to create an account. If you are creating an account on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Acceptable Use

Glimmer may be used only for lawful purposes and in accordance with these Terms. Acceptable uses include:

• Website Optimization: Improving user experience and reducing friction
• Conversion Enhancement: Helping users complete desired actions
• Accessibility Improvement: Making websites more accessible to all users
• Customer Support: Providing contextual assistance to website visitors
• Analytics and Insights: Understanding user behavior patterns

Implementation Requirements

When implementing Glimmer, you must:

• Only install on websites you own or have authority to modify
• Ensure micro-interventions are helpful and not misleading
• Comply with applicable privacy laws and regulations
• Provide appropriate privacy disclosures to your users

Prohibited Uses

You may not use Glimmer for any unlawful purpose or in any way that could damage or impair the Service. Prohibited uses include:

Content-Related Prohibitions

• Malicious interventions: Creating misleading or harmful micro-interventions
• Spam or unsolicited content: Using interventions for advertising unrelated products
• Illegal content promotion: Promoting illegal activities or content
• Deceptive practices: Using interventions to deceive or manipulate users

Technical Prohibitions

• Reverse engineering: Attempting to reverse engineer or decompile our software
• API abuse: Exceeding rate limits or misusing API access
• Security testing: Attempting to penetrate or test our security measures
• Resource abuse: Implementing in ways that could harm service performance

Business Prohibitions

• Competitive analysis: Using the service to build competing products
• Reselling: Reselling access without explicit partnership agreement
• Account sharing: Sharing account access across multiple organizations

Payment Terms

Subscription Plans

Glimmer offers multiple subscription tiers:

• Free Trial: Limited-time access to paid features
• Starter Plan: Entry-level features with usage limits
• Growth Plan: Enhanced features and higher usage limits
• Enterprise Plan: Custom features and unlimited usage

Billing Terms

• Billing Cycle: Monthly or annual billing available
• Payment Method: Credit card or bank transfer (Enterprise)
• Currency: All prices in USD unless otherwise stated
• Tax Responsibility: You are responsible for applicable taxes

Usage-Based Billing

Some plans include usage-based components:

• Event-based pricing for interactions analyzed
• Overage charges if plan limits are exceeded
• Monthly usage reports available in dashboard
• Automatic plan upgrade recommendations

Refund Policy

• Free Trials: No charges during trial period
• Monthly Subscriptions: No refunds for partial months
• Annual Subscriptions: Pro-rated refunds in first 30 days
• Enterprise: Custom refund terms in agreement

Data & Content

Your Data

You retain ownership of all data you provide to or generate through the Service:

• Website Content: We don't claim ownership of your website content
• Configuration Data: Your intervention settings and customizations
• Analytics Data: Aggregated insights about your website users

Data Usage License

By using Glimmer, you grant us a limited license to:

• Process behavioral data to provide micro-interventions
• Generate analytics and insights for your use
• Improve our service using aggregated, anonymous data
• Ensure service security and prevent abuse

Data Retention

• Active Accounts: Data retained while account is active
• Closed Accounts: Data deleted within 90 days of closure
• Legal Requirements: Some data may be retained longer as required by law
• Backup Data: May persist in backups for up to 1 year

Privacy & Security

Privacy and security are fundamental to our service design:

Privacy Commitments

• No PII Collection: We don't collect personally identifiable information from website visitors
• Real-time Processing: Behavioral analysis happens in real-time without long-term storage
• GDPR Compliance: Service designed to comply with European privacy regulations
• Data Minimization: We collect only data necessary for service function

Security Measures

• Industry-standard encryption in transit and at rest
• Regular security audits and vulnerability assessments
• Employee training on security and privacy practices
• Incident response procedures for security breaches

Your Privacy Obligations

When using Glimmer, you must:

• Update your privacy policy to mention behavioral analytics use
• Comply with applicable privacy laws in your jurisdiction
• Obtain necessary consents where required by law
• Provide clear notice of how you use analytics tools

Intellectual Property

Glimmer's Rights

All rights, title, and interest in Glimmer remain our property:

• Software: The Glimmer platform, SDK, and all related technology
• Algorithms: AI models and behavioral analysis systems
• Trademarks: The Glimmer name, logo, and brand elements
• Documentation: Technical documentation and training materials

License to Use

We grant you a limited, non-exclusive, non-transferable license to use Glimmer during your subscription term, subject to these Terms.

Feedback

Any feedback, suggestions, or ideas you provide about Glimmer become our property and may be used to improve the service without compensation to you.

Service Availability

Service Level Targets

• Uptime Target: 99.9% monthly uptime for paid plans
• Response Time: Global CDN for low-latency service delivery
• Maintenance Windows: Scheduled maintenance announced in advance
• Status Page: Real-time service status available online

Service Interruptions

Service may be temporarily interrupted for:

• Scheduled maintenance and updates
• Security patches and emergency fixes
• Infrastructure upgrades
• Force majeure events beyond our control

Enterprise SLA

Enterprise customers receive enhanced service level agreements with:

• Higher uptime guarantees
• Priority incident response
• Service credits for downtime
• Dedicated account management

Limitation of Liability

Disclaimer of Warranties

The service is provided "as is" without warranties of any kind. We specifically disclaim:

• Warranties of merchantability or fitness for particular purpose
• Guarantees that the service will meet your specific requirements
• Warranties that the service will be uninterrupted or error-free
• Warranties regarding third-party integrations or services

Limitation of Damages

To the maximum extent permitted by law, we shall not be liable for:

• Indirect Damages: Lost profits, revenue, or business opportunities
• Consequential Damages: Damages resulting from service interruptions
• Incidental Damages: Costs of obtaining substitute services
• Special Damages: Unique losses specific to your business

Liability Cap

Our total liability for any claims related to the service is limited to the amount you paid for the service in the 12 months preceding the claim.

Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your Use: Your use of the service in violation of these Terms
• Your Content: Content you create using micro-interventions
• Privacy Violations: Your failure to comply with privacy laws
• Third-Party Claims: Claims by your users or website visitors
• Unauthorized Access: Misuse of your account by others

Termination

Termination by You

You may terminate your account at any time:

• Cancel subscription through dashboard settings
• Contact support for immediate account closure
• Remove Glimmer SDK from your website
• Subscription continues until end of billing period

Termination by Us

We may terminate or suspend your account if:

• You violate these Terms of Service
• Payment fails and is not resolved within 30 days
• We receive valid legal orders requiring termination
• Your use poses security risks to our service

Effect of Termination

Upon termination:

• Access to dashboard and API is immediately revoked
• Micro-interventions stop functioning on your website
• Data is retained for 90 days for potential reactivation
• Outstanding fees remain due and payable

Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Dispute Resolution

• Informal Resolution: Contact us first to resolve disputes
• Binding Arbitration: Unresolved disputes subject to arbitration
• Venue: Arbitration conducted in Delaware or virtually
• Class Action Waiver: No class action or representative proceedings

Exceptions to Arbitration

The following may be resolved in court:

• Intellectual property disputes
• Requests for injunctive relief
• Small claims court matters
• Government enforcement actions

Changes to Terms

We may update these Terms periodically to reflect changes in our service or legal requirements:

Notification Process

• Material Changes: 30 days advance notice via email
• Minor Changes: Updated terms posted on website
• Legal Updates: Immediate updates for legal compliance
• Version History: Previous versions available upon request

Acceptance of Changes

Continued use of the service after changes become effective constitutes acceptance of the new terms. If you don't agree to changes, you may terminate your account.

Contact Information

Questions about these Terms of Service? Contact us:

We strive to respond to legal inquiries within 5 business days. For urgent matters, please indicate "URGENT" in your subject line.