Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of CinderPilot, including its websites, applications, analysis tools, workspaces, reports, and related services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms.

1. Who we are

CinderPilot provides software for marketing analytics, conversion optimization workflows, business analysis, and related advisory insights. CinderPilot may also offer optional advisory, implementation, or professional services under separate terms, statements of work, or written agreements.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Service. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

3. Accounts and workspace access

You are responsible for maintaining the security of your account and workspace credentials and for all activity that occurs under your account. Paid plans may include additional team or shared workspace functionality. You must provide accurate account information and keep it current.

4. What the Service does

The Service may accept and process campaign exports, analytics materials, landing page URLs, screenshots, company presentations, company growth plans, company financials, third-party business resources, and API-based business data connections for analysis. Outputs may include reports, recommendations, summaries, suggestions, comparisons, or workflow guidance.

The Service is intended for informational, operational, and strategic support purposes only. CinderPilot does not guarantee performance, ROAS, conversion uplift, revenue growth, profitability, or any other business result.

5. No guarantee; human review required

The Service may generate incomplete, inaccurate, stale, or incorrect outputs. You are responsible for reviewing, validating, and independently evaluating all recommendations before acting on them. The Service is not a substitute for professional judgment, internal controls, or expert review.

The Service is not intended for regulated, safety-critical, or high-risk use cases, including healthcare decisions, lending decisions, employment decisions, legal compliance determinations, or other business-critical operations where errors could cause material harm.

6. Customer content and rights

You retain ownership of the files, materials, data, and other content you upload, submit, connect, or otherwise make available through the Service (“Customer Content”). You grant CinderPilot a worldwide, non-exclusive, royalty-free license to host, store, copy, process, analyze, modify, transmit, display, and otherwise use Customer Content as needed to operate, provide, secure, maintain, support, improve, and develop the Service.

This license also permits CinderPilot to use Customer Content to improve the Service and to create de-identified and aggregated benchmarks, insights, and analytics, unless you opt out where such opt-out is offered by CinderPilot.

You represent and warrant that you have all rights, permissions, and authorizations necessary to provide Customer Content and to authorize CinderPilot’s use of it as described in these Terms.

7. CinderPilot property

CinderPilot retains all rights, title, and interest in and to the Service, including the software, workflows, site design, databases, analysis systems, user interfaces, documentation, aggregated and de-identified benchmark datasets, and all related intellectual property. These Terms do not transfer ownership of the Service or CinderPilot intellectual property to you.

8. Prohibited use

You may not use the Service for unlawful, infringing, fraudulent, abusive, harmful, deceptive, malicious, exploitative, or unauthorized purposes. You may not upload or provide content that violates law, infringes others’ rights, contains malicious code, or involves regulated or high-risk data or use cases that require specialized legal, governmental, or compliance oversight that the Service is not designed to handle.

9. Confidentiality

CinderPilot will treat Customer Content as confidential and will not intentionally disclose it to outside parties except as required to operate the Service, comply with law, protect rights or safety, or as otherwise described in the Privacy Policy. You acknowledge that CinderPilot may use subprocessors and infrastructure providers in connection with providing the Service.

10. Billing, subscriptions, and cancellations

Some features require a paid subscription. By subscribing, you authorize recurring charges unless and until renewal is canceled. Free plans may include limited daily usage. Paid plans may include monthly credit-based usage and rollover-style behavior as described in the applicable plan configuration.

Unless otherwise required by law, all fees are non-refundable. Canceling a paid subscription turns off future renewal. Cancellation does not delete your account. Access may continue through the active paid period and any available plan access remaining during that period. Deletion must be requested separately through support@cinderpilot.com.

11. Suspension and termination

CinderPilot may suspend, restrict, or terminate access to the Service at any time, with or without notice, for abuse, fraud, nonpayment, suspicious automation, harmful content, platform integrity concerns, legal or compliance concerns, security reasons, business reasons, or other misuse of the Service.

12. Testimonials and customer logos

CinderPilot will use customer testimonials, names, or logos for promotional purposes only with explicit permission.

13. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CINDERPILOT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR ACHIEVE ANY PARTICULAR BUSINESS OUTCOME.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CINDERPILOT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CINDERPILOT’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED: (A) FOR PAID USERS, THE AMOUNT YOU PAID TO CINDERPILOT FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) FOR FREE USERS, US$100.

15. Disputes and arbitration

These Terms are governed by the laws of the State of California, without regard to conflict of law rules. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, except where prohibited by law. You waive any right to participate in a class action or class arbitration to the maximum extent permitted by law.

16. Changes to the Service or Terms

CinderPilot may modify the Service or these Terms from time to time. Updated Terms will be effective when posted, unless a later effective date is stated. Your continued use of the Service after updated Terms become effective constitutes acceptance of the revised Terms.

17. Contact

Questions about these Terms may be sent to support@cinderpilot.com.