Last updated: October 28, 2025

1. Your Acceptance

By using or visiting the AllFactors website, or by accessing any AllFactors products, scripts, software, data feeds, or services (collectively, the “Service”), you agree to be bound by:

1. These Terms of Service (“Terms”)
2. The AllFactors Privacy Policy at https://allfactors.com/privacy-policy, and
3. The AllFactors Data Processing Agreement (DPA) at https://allfactors.com/dpa, when applicable.

If you do not agree to these Terms, please do not use the Service.

AllFactors may modify or update these Terms from time to time. Updates will be posted at https://allfactors.com/terms-of-service.
Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

Nothing in these Terms shall confer any third-party rights or benefits.

2. Service

These Terms apply to all users of the Service, including customers who install the AllFactors tracking script, connect marketing integrations, or view analytics dashboards.

The Service includes:

• All analytics, attribution, and reporting tools provided by AllFactors;
• All software, SDKs, and scripts used to collect first-party data; and
• Any related features, such as integrations, dashboards, and APIs.

The Service may contain links to third-party websites or tools. AllFactors has no control over and assumes no responsibility for the content, privacy practices, or policies of any third-party websites.
By using the Service, you agree that AllFactors is not responsible for any damage or loss caused by such third parties.

Service Availability:
AllFactors aims for high availability but does not guarantee uninterrupted operation. Scheduled maintenance, updates, or unplanned outages may result in temporary downtime.

Beta Features:
Some features, including experimental or AI-powered functionality (such as “Vibe AI Marketing Agents”), may be offered in beta. Beta features are provided “as is,” may change or be discontinued at any time, and may not function reliably in all environments.

Pricing:
AllFactors may change subscription prices at any time and will notify customers in advance. Price changes take effect at the start of the next billing cycle. If you do not agree to the new pricing, you may cancel before the renewal date.

3. AllFactors Accounts

To use certain features, you must create an AllFactors account.
You agree to:

• Provide accurate and complete information;
• Keep your password secure;
• Not share your account credentials; and Notify us immediately of unauthorized access or security issues.

You are responsible for all activity that occurs under your account.

AllFactors is not liable for losses resulting from unauthorized use of your account. You may, however, be liable for losses of AllFactors or others due to such misuse.

Acceptable Use:
You agree not to:

• Use automated systems (“bots,” “spiders”) that send excessive requests to our servers;
• Collect personal data from other users; or
• Use the Service for illegal, misleading, or harmful purposes.

Public search engines may crawl the site to index materials for search purposes, but not to cache or archive content.

4. GDPR Compliance and User Responsibilities

AllFactors is fully compliant with the General Data Protection Regulation (GDPR) and other data protection laws.
When you install the AllFactors script or connect your marketing tools, you act as the data controller, and AllFactors acts as your data processor.

As the data controller, you are responsible for:

• Obtaining Consent: Display a cookie consent banner and obtain valid consent from visitors before collecting personal data (e.g., IP addresses, cookie-based identifiers).
• Transparency: Clearly inform visitors about the data collected, its purpose (analytics, attribution), and how it will be used.
• Data Subject Rights: Handle requests for access, deletion, correction, or restriction of personal data in accordance with GDPR.

As the data processor, AllFactors will:

• Process Data Only as Instructed: We process personal data only on your behalf and in accordance with your instructions and our Data Processing Agreement.
• Maintain Security: We use encryption, access controls, and other organizational measures to protect personal data.
• Support Compliance: We assist you with GDPR compliance, including responding to legitimate data subject requests.

For complete details, refer to our Data Processing Agreement (DPA).

5. Compliance

You agree to use the Service in compliance with all applicable laws, including but not limited to:

• GDPR (General Data Protection Regulation)
• CCPA (California Consumer Privacy Act)
• CAN-SPAM and other marketing regulations

AllFactors reserves the right to suspend or terminate access if you misuse the Service or violate these Terms.

6. Account Termination

AllFactors may suspend or terminate your account if you:

• Violate these Terms or applicable laws,
• Engage in fraudulent or abusive behavior, or
• Infringe upon third-party rights.

You may terminate your account at any time through your dashboard or by contacting support.
Upon termination, data may be deleted in accordance with our Privacy Policy.

8. Limitation of Liability

To the fullest extent permitted by law, AllFactors, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, goodwill, or business interruption.

AllFactors’ total aggregate liability for any claim arising from the Service shall not exceed the total fees paid by you in the 12 months preceding the claim.

9. Ownership of Data

• Customer Data Ownership: You retain full ownership of all data you collect or submit through the Service.
• Aggregated Data: AllFactors may use anonymized and aggregated data for analytics, benchmarking, and improving the Service, provided that it cannot reasonably identify you or your users.

10. Billing & Payments

AllFactors subscriptions are billed in advance and renew automatically unless canceled before renewal.
Payments are non-refundable except where required by law.
Failure to pay may result in suspension or termination of your account.

11. Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to its conflict of laws principles.
Any disputes shall be resolved in the courts of Santa Clara County, California.

12. Miscellaneous

If any provision of these Terms is held invalid, the remaining provisions remain in effect.
No waiver of any term shall be deemed a continuing waiver of such term or any other.
These Terms, together with the Privacy Policy and DPA, form the entire agreement between you and AllFactors regarding your use of the Service.

AllFactors may update these Terms at any time. Your continued use of the Service constitutes acceptance of any updated version.

Dated: October 28, 2025
AllFactors, Inc.