1. Acceptance of Terms
Welcome to Cypon. These Terms of Service ("Terms") govern your access to and use of our analytics platform, website, APIs, and related services (collectively, the "Services").
By creating an account, accessing, or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services. If you are using our Services on behalf of a company, you represent that you have the authority to bind that company.
2. Eligibility
To use our Services, you must:
- Be at least 16 years of age
- Have the legal capacity to enter into a binding contract
- Not be prohibited from using our Services under applicable laws
- Provide accurate, current, and complete account information
3. Account Registration & Security
3.1 Account Creation
You must create an account to access most features. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account.
3.2 Account Security
You agree to:
- Use strong, unique passwords and enable MFA when available
- Notify us immediately of any unauthorized account access
- Not share your account credentials with anyone outside your organization
3.3 Account Termination
We may suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a security risk.
4. Subscription & Billing
4.1 Plans & Pricing
We offer multiple subscription tiers (Starter, Growth, Scale). Plan details, features, and pricing are listed on our Pricing page.
4.2 Billing
- Paid plans are billed monthly or yearly in advance
- All fees are non-refundable except as expressly stated
- You authorize us to charge your payment method automatically
- Failed payments may result in service suspension
4.3 Price Changes
We may modify pricing with at least 30 days' notice. Changes apply at the start of your next billing cycle.
4.4 Cancellation
You may cancel your subscription at any time from your account settings. Your access continues until the end of your current billing period.
5. Acceptable Use Policy
You agree NOT to use our Services to:
- Violate any laws, regulations, or third-party rights (including intellectual property)
- Send spam, malware, or any harmful, illegal, or deceptive content
- Reverse-engineer, decompile, or attempt to extract source code
- Bypass or attempt to bypass rate limits, security measures, or authentication
- Resell, sublicense, or redistribute access to our Services without written permission
- Use the Services to build or train competing products
- Track, profile, or collect data from individuals without proper consent
- Process sensitive personal data (e.g., health, financial) without executing a Data Processing Addendum
Violations may result in immediate account suspension or termination without refund.
6. Your Content & Data
6.1 Ownership
You retain full ownership of all data, events, dashboards, and content you submit to our Services ("Customer Content").
6.2 License to Us
You grant us a limited, non-exclusive, worldwide license to host, process, and display Customer Content solely to provide the Services. This license ends when you delete your data or terminate your account.
6.3 Responsibility
You are solely responsible for your Customer Content, including ensuring you have the legal right to collect, process, and transfer it to us.
7. Intellectual Property
All Services, including software, designs, trademarks, and documentation, are the exclusive property of Cypon or its licensors. We grant you a limited, non-transferable, revocable license to use the Services as permitted by these Terms.
You may NOT:
- Copy, modify, or create derivative works of our Services
- Use our trademarks, logos, or branding without permission
- Remove copyright notices or attribution from our Services
8. Service Availability & Modifications
8.1 Uptime
We strive for 99.9% uptime on paid plans, as detailed in our Service Level Agreement (SLA).
8.2 Maintenance
We may perform scheduled or emergency maintenance, occasionally requiring temporary service interruption. We'll provide advance notice for scheduled maintenance.
8.3 Modifications
We may modify, suspend, or discontinue features at any time. For material changes affecting paid plans, we'll provide at least 30 days' notice.
9. Third-Party Services
Our Services may integrate with third-party tools (e.g., Stripe, Slack, Snowflake). Your use of those services is subject to their own terms and privacy policies. We are not responsible for third-party services or their actions.
10. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
- The Services will be uninterrupted or error-free
- The Services will meet your specific requirements
- Defects will be corrected immediately
Some jurisdictions do not allow exclusion of certain warranties, so some of these limitations may not apply to you.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Cypon SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY.
Our total liability for any claims under these Terms shall not exceed the greater of:
- The amount you paid us in the 12 months prior to the claim
- USD $100
These limitations apply even if we have been advised of the possibility of such damages.
12. Indemnification
You agree to indemnify, defend, and hold harmless Cypon, its affiliates, and employees from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your violation of these Terms
- Your violation of any third-party rights
- Your Customer Content
- Your misuse of the Services
13. Termination
13.1 Termination by You
You may terminate your account at any time. Upon termination, your access to the Services ends, and we'll delete your data within 90 days unless legally required to retain it.
13.2 Termination by Us
We may terminate or suspend your account immediately if you:
- Materially breach these Terms
- Engage in fraud or illegal activity
- Fail to pay fees when due
13.3 Effect of Termination
Upon termination, all licenses granted to you cease immediately. Sections that by their nature should survive (e.g., IP, liability, disputes) will survive termination.
14. Governing Law & Disputes
14.1 Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.
14.2 Dispute Resolution
Any disputes shall first be addressed through good-faith negotiation. If unresolved within 30 days, disputes shall be resolved through binding arbitration in San Francisco, CA, under the rules of the American Arbitration Association (AAA).
14.3 Class Action Waiver
You agree to resolve disputes individually and waive your right to participate in class actions, except where prohibited by law.
15. Changes to These Terms
We may modify these Terms from time to time. We'll notify you of material changes via email or in-product notification at least 30 days before they take effect.
Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you disagree, you must stop using the Services.
16. Miscellaneous
16.1 Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Cypon.
16.2 Severability
If any provision is deemed unenforceable, the remaining provisions remain in full effect.
16.3 No Waiver
Our failure to enforce any right does not constitute a waiver of that right.
16.4 Assignment
You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
17. Contact Us
For questions about these Terms, contact us:
- Email: legal@Cypon.io
- Mail: Cypon Inc., 545 Mission St, Suite 700, SF, CA 94105