NOTICE — WE ONLY EVER REFUND UNUSED DAYS OF YOUR LAST PAID MONTH AND DISCLAIM ALL OTHER LIABILITY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE. By accessing or using the Service (including any web- or mobile-based dashboards or APIs), you acknowledge that you have read, understood, and agree to be bound by these Terms.
1. Definitions
1.1 “We/Us/Our.” Heritage Robotics LLC DBA “Quality Analytics”.
1.2 “You/Your.” The individual or entity that accepts these Terms and any employees, consultants or agents you authorize.
1.3 “Service.” Our proprietary TV-attribution platform (software, APIs, dashboards, reports, API responses and other deliverables) including automated data processing/analytics services.
1.4 “Customer Data.” All media schedules, analytics exports (e.g., GA4) and other inputs you provide.
1.5 “Output.” All results, reports, dashboards, metrics, analyses, API responses and visualizations generated by the Service.
1.6 “Subscription Term.” Each recurring monthly billing period, renewing automatically until cancelled.
1.7 “Prorated Refund.” (Unused calendar days in the current Subscription Term ÷ total calendar days in that term) × fees you paid for that term.
1.8 “Material Unavailability.” A genuine failure to produce any Output for more than forty-eight (48) consecutive hours, excluding implausible or extreme outputs under §5.4.
1.9 “Confidential Information.” Any non-public technical or business information marked confidential or reasonably understood as such.
2. Free Trial & Subscription
2.1 Free Trial. Thirty (30) days of free use covering up to 30 days of historical media plus all new media ingested.
2.2 Subscription. After the trial, the account converts to a paid monthly plan billed in advance. You may cancel at any time; cancellation takes effect at the end of the then-current Subscription Term.
3. Fees, Taxes & Payment
3.1 Fees. All fees are billed in U.S. dollars via our payment processor and are non-refundable except under §3.2.
3.2 Exclusive Refund Remedy. Your sole monetary remedy for any claim is a Prorated Refund of unused days in your current month. NO OTHER REFUNDS, CREDITS OR COMPENSATION WILL EVER BE PROVIDED.
3.3 Any equitable relief against us is limited to requiring us to provide the Prorated Refund and cease providing the Service.
4. Data-Quality Acknowledgement
You acknowledge Customer Data may contain inaccuracies, delays, gaps, duplications or other flaws beyond our control, and you assume all risk arising from such issues.
5. Nature of Services & Estimation Disclaimer
5.1 Measuring offline advertising impact involves many variables (time zones, tag delays, viewability, site configuration, consumer behavior, market conditions, data inaccuracies, etc.).
5.2 All Output is an estimate and should not be considered exact. We rely on Customer Data and modeling techniques (assumptions, smoothing, normalization, interpolation) that may not match real-world causality.
5.3 Risk. All decisions based on Output are at your sole risk.
5.4 Extreme Outputs. The appearance of “all-zero,” “astronomical” or otherwise implausible values never constitutes a Service failure if the Service produces any Output.
6. License Grant & Use Restrictions
6.1 License. Subject to these Terms and timely payment, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during each Subscription Term.
6.2 Restrictions. Without our prior written consent you must not:
a. Reverse-engineer or derive code, algorithms or trade secrets;
b. Share or re-license credentials;
c. Copy, distribute or sublicense Output or methodology outside your organization;
d. Use the Service to build or benchmark a competing product.
6.3 Breach. Violation of §6.2 entitles us to immediate termination without refund.
7. Confidentiality & Data Deletion
7.1 Protection. Each party will protect the other’s Confidential Information with at least reasonable care and disclose it only to personnel bound by similar obligations.
7.2 Deletion Timetable. Within thirty (30) days after cancellation, expiration or your written request (whichever is earliest) we will delete all Customer Data and Output, including backups. We may retain only (i) minimal security logs for intrusion detection for up to ninety (90) days and (ii) records required by law. No other retention—anonymized or otherwise—is permitted.
7.3 We are not responsible for loss or exposure of Customer Data unless caused by our intentional misconduct to the extent liability cannot be waived by law.
7.4 You represent that Customer Data is lawfully collected and you indemnify us for third-party claims tied to that data.
8. Intellectual Property & Equitable Relief
8.1 All rights, title and interest in the Service remain with Heritage Robotics LLC or its licensors. We may seek injunctive or equitable relief for threatened infringement or misuse of our IP or Confidential Information without posting bond.
9. Insolvency
9.1 If we cease business operations, enter bankruptcy or otherwise fail to support the Service, your sole remedy is immediate termination with a Prorated Refund for unused days in the current Subscription Term.
10. Disclaimers & Sole Remedy
10.1 NO WARRANTIES. THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS, ACCURACY, RELIABILITY, NON-INFRINGEMENT, TITLE OR CONTINUOUS OPERATION.
10.2 No Professional Advice. Outputs are informational and do not constitute legal, financial, accounting or marketing advice.
10.3 Material Unavailability Remedy. If Material Unavailability occurs and we fail to restore service within two (2) business days after written notice, you may terminate immediately and receive a Prorated Refund. This remedy and §3.2 are your sole and exclusive remedies.
10.4 Negligence Disclaimer. To the fullest extent permitted by applicable law, we disclaim any liability for negligence, whether active, passive, or imputed—and even if such negligence results in bodily injury, property damage, or economic loss—except liability that cannot legally be waived. You agree that your sole remedy, even for negligence, is the Prorated Refund set forth above.
10.5 No Representations as to Outcomes. We make no representations or guarantees, express or implied, regarding the accuracy, completeness, or business impact of any results, reports, or insights (including ROI predictions).
10.6 No SLA, ROI guarantee, or accuracy guarantee is given; any statements are non-binding estimates.
11. Limitation of Liability
11.1 Exclusion of Damages. We are not liable for indirect, incidental, special, punitive, exemplary or consequential damages (lost profits, business interruption, data loss, etc.), even if advised of the possibility. We have no liability for fines, penalties, assessments, or governmental amounts of any kind.
11.2 30-Day Cap. Our aggregate liability for all claims will never exceed the fees you actually paid in the thirty (30) calendar days immediately before the event giving rise to the claim.
11.3 Claim Window. Any claim must be filed within one (1) year after it arose or be permanently barred.
11.4 Non-Excludable Liability. Nothing in these Terms limits liability that cannot legally be limited under applicable law.
12. Indemnification
12.1 By You. You will defend, indemnify and hold us harmless from any third-party claim arising out of (i) your use of the Service, (ii) your breach of these Terms, or (iii) your Customer Data.
12.2 Procedure. We will give prompt notice; you will control the defense; any settlement must fully release us and impose no obligation on us. We may, at our option, assume defense at your expense. Subject to §21.2, we may assume or retake control of the defense if required by our insurers.
12.3 Known-Bad Metrics. If you flagged specific inputs as flawed before processing, Output from those inputs cannot trigger our liability.
13. Dispute Resolution & Jury/Class Action Waiver
13.1 Negotiation. The parties will try to resolve disputes via senior-executive negotiation for thirty (30) days.
13.2 Binding Arbitration. Unresolved disputes go to final, binding arbitration under AAA Commercial Rules in Clark County, Nevada, using Nevada law. Judgment on the award may be entered only in those courts.
13.3 Waivers. EACH PARTY WAIVES (A) TRIAL BY JURY AND (B) PARTICIPATION IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
13.4 Emergency Relief. We may seek temporary injunctive relief in any court of competent jurisdiction to protect IP or Confidential Information.
14. Termination
14.1 For Breach. Either party may terminate for material breach if uncured within thirty (30) days of written notice.
14.2 Effect. Upon termination you must cease all use of the Service. Sections 3.2, 6.3, 7.2, 8, 9, 10–10.5, 11, 12, and 13 survive termination or expiration.
15. Governing Law & Venue
These Terms are governed by Nevada law without regard to conflict-of-law rules. Proceedings to enforce an arbitration award or seek injunctive relief may be brought only in the state or federal courts in Clark County, Nevada.
16. Amendments, Assignment & Notice
16.1 Amendments. We may update these Terms by posting the revised version; continued use after notice constitutes acceptance.
16.2 Assignment. You may not assign these Terms without our written consent. We may assign to an affiliate or successor in connection with a merger or asset sale with notice to you.
16.3 Notices. We will send notices to the email in your account; you will send notices to admin@qualityanalytics.io.
17. Force Majeure
Neither party is liable for delays or failures due to causes beyond reasonable control (acts of God, war, terrorism, civil unrest, labor disputes, Internet outages, government orders). Affected obligations are suspended for the event’s duration, provided the affected party gives notice within ten (10) days of learning of it.
18. Severability & No Waiver
If any provision is unenforceable, the rest remains in effect and the invalid part is modified only as necessary to be enforceable and reflect the parties’ intent. Failure to enforce any right is not a waiver of future enforcement.
19. Entire Agreement
These Terms (and any Order Form or addenda) are the entire agreement and supersede all prior understandings.
20. Privacy Policy
Our Privacy Policy at https://qualityanalytics.io/privacy-policy/ describes how we collect, use and retain data. By using the Service, you agree to its terms.
21. Claims Handling & Risk Allocation
21.1 We do not waive any insurer’s rights of subrogation, and you will not request or require such a waiver, additional insured status, or primary/non-contributory wording.
21.2 We will not admit liability or settle any claim in a way that prejudices our rights or those of our risk-transfer providers. You must promptly notify us of any claim or threatened claim relating to the Service and reasonably cooperate with our handling.
21.3 These Terms create no rights for any third party (including your clients or insurers). Our insurance policies are for our benefit only and confer no rights on you. Nothing herein obligates us to obtain or maintain any particular insurance.
21.4 This Section survives termination of the Agreement.
22. Supersession; Order of Precedence
22.1 Entire Agreement. These Terms are the complete and exclusive statement of the agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, proposals, or representations—written or oral—on that subject matter.
22.2 Legacy Agreements. If you and we previously executed any agreement covering the Service (a “Legacy Agreement”), these Terms replace and terminate the Legacy Agreement upon the earlier of: (a) your acceptance of these Terms (including by continued use after notice), (b) renewal or extension of the Service term, or (c) thirty (30) days after we notify you that these Terms will replace the Legacy Agreement. Obligations accrued before replacement survive.
22.3 Conflicts. If an Order Form expressly states it governs over these Terms, that specific Order Form controls solely for the conflicting provision. Purchase orders or other customer documents are rejected and have no effect.
22.4 We may modify these Terms by posting an updated version and providing notice (email or in-app). Changes take effect 30 days after notice. Your continued use after that date is acceptance. If you do not agree, your sole remedy is to stop using the Service.
22. Publicity; Use of Marks
22.1 Customer Marks. “Customer Marks” means Customer’s name, logos, and trademarks.
22.2 Limited License. Customer grants us a non-exclusive, worldwide, royalty-free license to use Customer Marks solely to identify Customer as a client on our website, pitch decks, case studies, and similar marketing materials.
22.3 Approvals / Opt-Out. We will follow any reasonable brand guidelines you provide. You may revoke our use of Customer Marks at any time by written notice, and we will cease NEW uses within ten (10) business days. Previously distributed or printed materials may continue to be used until exhausted, and digital materials already delivered to third parties need not be retrieved or recalled, but we will not republish or redistribute them after your notice.
22.4 Existing Materials. To the extent any presentations, case studies, or other materials created before the Effective Date include Customer Marks, Customer grants a retroactive license for those uses and the limited continued use described above.
22.5 Representations & Indemnity. Customer represents it has the rights necessary to grant this license and will indemnify us against third-party claims alleging our authorized use of Customer Marks infringes or violates rights.
22.6 Customer acknowledges that certain materials created before the Effective Date may already include Customer Marks. Customer grants a retroactive, non-exclusive license for those prior uses. Upon written notice, we will (i) stop creating or distributing new copies containing Customer Marks and (ii) use reasonable efforts to remove or replace Customer Marks from live, controllable media (e.g., our website) within ten (10) business days. We have no obligation to recall, delete, or amend materials already publicly distributed or provided to third parties, but we will not republish or redistribute them.
BY CLICKING “I AGREE,” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THESE TERMS IN FULL.By accessing or using the Service (including any web- or mobile-based dashboards or APIs), you acknowledge that you have read, understood, and agree to be bound by these Terms.