Terms of Service

1. About these terms

These Terms of Service ("Terms") govern your use of converlytik.com and app.converlytik.com (together, the "Site") and any content, tools, or information made available through them.

The Site is operated by NGENCY LLC, doing business as converlytik ("converlytik," "we," "us," "our"), a Florida limited liability company.

By using the Site, you agree to these Terms. If you do not agree, do not use the Site.

2. If you have a signed agreement with us

These Terms do not replace any agreement you have signed with converlytik.

If you or your organization has entered into a Master Services Agreement, Order Form, or other written agreement with converlytik (a "Customer Agreement"), that Customer Agreement governs your access to and use of the converlytik service, including all commercial terms, data handling obligations, service commitments, and liability between us.

In the event of any conflict between these Terms and a Customer Agreement, the Customer Agreement controls.

These Terms apply to your use of the Site itself, and to anyone using the Site who is not covered by a Customer Agreement.

3. Using the Site

You may use the Site to learn about converlytik, to contact us, and — if you are an authorized user of a customer account — to access the converlytik dashboard.

You agree to use the Site only for lawful purposes and in accordance with these Terms.

4. Accounts

Access to app.converlytik.com requires an account. If you have one:

• You are responsible for maintaining the confidentiality of your credentials
• You are responsible for all activity that occurs under your account
• You agree to notify us promptly at info@converlytik.com if you believe your account has been accessed without authorization

We may suspend or terminate access to an account that we reasonably believe is being used in violation of these Terms or presents a security risk.

5. Things you may not do

You may not:

• Use the Site in any way that violates applicable law or regulation
• Attempt to gain unauthorized access to any part of the Site, any account, or any system or network connected to the Site
• Interfere with or disrupt the Site, including by introducing malicious code or placing unreasonable load on our infrastructure
• Scrape, crawl, harvest, or use automated means to extract data from the Site, except for search engine indexing consistent with our robots file
• Reverse engineer, decompile, or attempt to derive the source code of any software made available through the Site
• Use the Site to build, train, or benchmark a competing product or service
• Misrepresent your identity or your affiliation with any person or organization
• Remove, obscure, or alter any proprietary notice

6. Our intellectual property

The Site and its contents — including software, text, graphics, logos, designs, documentation, and the arrangement of them — are owned by converlytik or its licensors and are protected by intellectual property laws.

"converlytik" and our logo are marks of NGENCY LLC. You may not use them without our prior written consent, except that you may refer to converlytik by name in the ordinary course of describing a business relationship.

These Terms do not grant you any licence to our intellectual property beyond the right to use the Site as described here.

7. Information on this Site is not a promise

Content on the Site — including descriptions of features, performance figures, case studies, and comparisons — is provided for general information. It is not a guarantee, warranty, or commitment, and it does not form part of any agreement between us.

converlytik does not guarantee any particular advertising outcome. Campaign performance, lead volume, cost per acquisition, and return on advertising spend depend on many factors outside our control, including the advertising platforms themselves, your market, your budget, and how your business handles the opportunities we identify. Nothing on this Site should be read as a promise of results.

Any commitments converlytik makes to a customer are set out in that customer's Customer Agreement and nowhere else.

8. Third-party platforms and links

The Site may link to or interoperate with services operated by others, including advertising platforms such as Google, Meta, and Microsoft, and our infrastructure and telephony providers.

We do not control those services. We are not responsible for their content, availability, policies, or practices, and a link is not an endorsement. Your use of a third-party service is governed by that provider's own terms.

Third-party platforms may change, restrict, deprecate, or withdraw their functionality at any time, and we are not responsible for the effects of their doing so.

9. Privacy

Our handling of personal information is described in our Privacy Policy. To make a privacy request, use converlytik.com/data-deletion.

10. Disclaimer of warranties

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CONVERLYTIK DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, or that any content on it is accurate or complete.

This section does not limit any express warranty given in a Customer Agreement.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CONVERLYTIK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR LOST DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100).

If you have a Customer Agreement, the limitation of liability in that agreement governs your use of the converlytik service, and this section applies only to your use of the Site.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless converlytik and its officers, members, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Site in violation of these Terms or applicable law.

13. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Material changes will be posted on this page before they take effect. Your continued use of the Site after a change takes effect means you accept the revised Terms.

Changes to these Terms do not change any Customer Agreement.

14. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law rules.

Any action relating to these Terms must be brought in the state or federal courts located in Collier County, Florida, and you consent to the jurisdiction of those courts. Each party irrevocably waives the right to trial by jury.

The prevailing party in any action is entitled to recover its reasonable attorneys' fees and costs.

If you have a Customer Agreement, the dispute resolution provisions of that agreement govern disputes relating to the converlytik service.

15. General

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Section headings are for convenience only.

16. Contact

NGENCY LLC d/b/a converlytik
27920 Jones Loop Rd
Punta Gorda, FL 33982
United States

Email: info@converlytik.com
Legal notices: notices@converlytik.com