Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the Triumph Analytics software-as-a-service product, websites, APIs, and related applications (the "Service") offered by Triumph Interactive, Inc., a North Carolina corporation with offices at 6805 Dwight Rowland Rd, #431, Willow Spring, NC 27592 ("Triumph," "we," "us," or "our").

Triumph Analytics is a product of Triumph Interactive, Inc. There is no separate legal entity named "Triumph Analytics, Inc." References to "Triumph Analytics" mean the product and brand, not a distinct company.

By accessing or using the Service, you agree to be bound by these Terms. If you use the Service on behalf of an organization, you agree for that organization and represent that you have authority to bind it. In that case, "you" and "your" mean that organization.

1. Acceptance of Terms

By creating an account, checking an acceptance box, clicking "I agree," or otherwise accessing the Service, you enter into a legally binding contract with Triumph Interactive, Inc. If you do not agree, do not access or use the Service.

2. Description of Service

Triumph Analytics is a SaaS web analytics platform that collects, processes, and visualizes website traffic and event data. The Service includes a JavaScript tracker, data ingestion APIs, dashboards, reporting, and export capabilities. Features, limits, and pricing for each plan are described at signup and may be updated as set out in these Terms.

3. Eligibility and Jurisdiction

The Service is designed for customers whose businesses are based in the United States and who primarily serve US-based end users, under a US privacy posture (including CCPA tools such as GPC honor). We may expand eligible jurisdictions over time as described in our documentation. You represent that your use of the Service is lawful in every place where you operate and where your websites' visitors are located.

You alone are responsible for privacy, cookie, tracking, e-privacy, consumer, advertising, and similar laws. See Section 12.

4. Account Registration

You must register an account and provide accurate, current information. You are responsible for safeguarding credentials and for all activity under your account. Notify us promptly of unauthorized use.

5. Free Trial

We may offer a free trial as described at signup. If a trial ends without a paid subscription, we may suspend the account and stop event ingestion. Analytics-data cleanup runs after 30 days. Account configuration may be retained for reactivation.

6. Subscription Plans and Billing

Paid plans, event limits, retention, property limits, overages, add-ons, and nonprofit discounts are as published at signup or in your order form. Fees are billed in advance monthly or annually via our payment processor (currently Stax). You must provide accurate billing information.

If payment fails, we may continue limited service during a dunning period and then suspend ingestion. You may export data while your account remains accessible.

7. Taxes

Fees exclude applicable sales, use, and similar taxes. You are responsible for those taxes, excluding taxes on Triumph's net income. We collect US sales tax where we have a legal nexus. Tax-exempt organizations may submit valid exemption documentation as we support in-product.

8. Acceptable Use

You will not use the Service to:

• Violate any law or third-party right.
• Collect or transmit personal information except as allowed by law and your own notices to end users.
• Reverse engineer, decompile, or circumvent technical limits, except to the extent such restriction is prohibited by law.
• Resell, sublicense, or provide the Service to third parties as a competing service without our written consent.
• Interfere with or disrupt the Service, other customers, or our infrastructure.
• Probe, scan, or test vulnerability of the Service except with our prior written authorization.

9. Intellectual Property

9.1 Service Ownership

Triumph Interactive, Inc. owns all right, title, and interest in and to the Service, including software, algorithms, interfaces, documentation, trademarks, and all improvements, regardless of who suggested them. These Terms grant no ownership in the Service.

9.2 Customer Data

As between you and Triumph, you own Customer Data (analytics events, configuration, and materials you submit). You grant Triumph a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and otherwise use Customer Data solely to provide and support the Service, prevent abuse, and comply with law.

We do not sell Customer Data. We may use subprocessors as described in the Privacy Policy.

9.3 Background IP and Residuals

Each party retains its pre-existing and independently developed intellectual property. Triumph retains all tools, libraries, frameworks, methodologies, know-how, skills, and generic components used or improved in operating the Service ("Retained Rights"). Nothing restricts Triumph from using general knowledge, skills, and experience retained in the unaided memory of its personnel, or from providing similar services to others, provided Customer Data and your confidential information are not disclosed or misused.

9.4 Feedback

If you provide feedback or suggestions, you grant Triumph a perpetual, irrevocable, royalty-free license to use them without restriction or attribution.

10. Confidentiality

"Confidential Information" means nonpublic business, technical, security, or financial information disclosed by one party to the other that is marked confidential or that a reasonable person would understand to be confidential.

The receiving party will use Confidential Information only to perform under these Terms, protect it with reasonable care, and limit disclosure to personnel and advisors with a need to know who are bound by confidentiality obligations. Exclusions apply for information that is public, independently developed, rightfully received from a third party, or already known without duty. Compelled disclosure is permitted with prompt notice where legally allowed. Obligations last five (5) years after disclosure, and longer for trade secrets for so long as they remain trade secrets.

Customer Data is your Confidential Information. The Service's nonpublic security details and pricing not published on our site are Triumph's Confidential Information.

11. Security

Triumph will maintain reasonable administrative, technical, and physical safeguards appropriate to the Service. After confirming a security incident that materially compromises the confidentiality or integrity of Customer Data in our possession, we will notify you without undue delay and in any event within seventy-two (72) hours where legally permitted, and will reasonably cooperate in investigation.

You are responsible for securing your own sites, keys, CMS, and Shopify (or other) installs of our tracker, and for configuring the Service appropriately.

12. Customer Responsibility for Privacy and Regulatory Compliance

Triumph does not practice law and does not determine whether your tracking is lawful.

You alone are solely and exclusively responsible for:

1. Understanding and complying with all privacy, cookie, tracking, consumer protection, advertising, e-commerce, and similar laws and regulations of every country, state, province, and locality that apply to your business, websites, apps, and visitors, including without limitation CCPA/CPRA and any other US state privacy laws, and any foreign laws if you choose to operate there.
2. Providing all required notices, consents, opt-outs, and preference mechanisms to your end users.
3. Configuring the Service, including GPC/opt-out tools we make available, to match your legal obligations.
4. Deciding what data you send to the Service and whether that data is appropriate to collect.
5. Responding to data subject and consumer requests directed at your business.

Triumph provides a multi-tenant analytics tool and optional compliance-oriented features, for example GPC signal handling. Those features do not make Triumph your privacy counsel, DPO, or "business" under privacy laws for your end users. Where privacy laws distinguish "business" and "service provider" (or similar), you are the business (or equivalent) for your sites' visitors, and Triumph acts only as your service provider / processor under your instructions as described in the Privacy Policy.

To the maximum extent permitted by law, Triumph has no liability arising from your failure to comply with privacy or tracking laws, inadequate notices or consents, unlawful collection, or your configuration of the Service. You will defend and indemnify Triumph for third-party claims arising from those matters (Section 18).

13. Data Ownership, Export, and Deletion

You may export Customer Data as the product allows while your account is active. Analytics-data cleanup runs after 30 days for an expired trial that does not convert to a paid subscription and after 90 days for payment-suspended or cancelled accounts, as described in the Privacy Policy. You may request earlier deletion of analytics data by contacting support.

14. Service Levels

Unless an Enterprise order form states otherwise, the Service is provided without an uptime SLA or service credits. Enterprise tiers may include a separate SLA; credits under any SLA are the sole remedy for downtime and count toward the liability cap.

15. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN A SIGNED ENTERPRISE ORDER FORM, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIUMPH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TRIUMPH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FIT FOR YOUR PARTICULAR LEGAL OR BUSINESS REQUIREMENTS.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) Consequential damages waiver. NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR USE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Hard monetary cap. TRIUMPH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OR THEORY OF THE CLAIM AND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, INDEMNITY, OR OTHERWISE, SHALL IN ALL CASES AND WITHOUT EXCEPTION BE LIMITED TO THE TOTAL FEES YOU ACTUALLY PAID TO TRIUMPH FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF YOU PAID NO SUCH FEES IN THAT PERIOD, THE CAP IS ZERO (US $0).

(c) Scope of the cap. THE CAP APPLIES TO ALL CLAIMS AND REMEDIES, INCLUDING ANY INDEMNIFICATION OBLIGATION OF TRIUMPH UNDER THESE TERMS. IT HAS NO MONETARY FLOOR, CARVE-OUT, OR EXCEPTION, AND APPLIES EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(d) What the cap does not limit. YOUR OBLIGATION TO PAY FEES OWED TO TRIUMPH, AND YOUR INDEMNIFICATION OBLIGATIONS TO TRIUMPH, ARE NOT LIMITED BY THIS SECTION.

(e) Mandatory law. IF APPLICABLE LAW PROHIBITS LIMITING LIABILITY FOR CERTAIN DAMAGES, TRIUMPH'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT THAT LAW ALLOWS, AND THIS SECTION STILL CAPS ALL OTHER DAMAGES.

17. Triumph Intellectual Property Indemnity

Triumph will defend you against a third-party claim that the Service (as provided by Triumph, unmodified) infringes a United States copyright or misappropriates a trade secret, and will pay damages finally awarded against you, provided you promptly notify Triumph, allow Triumph to control the defense and settlement, and reasonably cooperate. Triumph has no obligation for claims arising from: (a) Customer Data or your materials; (b) combination with items not provided by Triumph; (c) modification by anyone other than Triumph; (d) your continued use after we provide a non-infringing alternative; or (e) free/trial use. If the Service is held to infringe, Triumph may procure rights, modify the Service, or terminate the affected Service and refund prepaid unused fees. This Section is Triumph's entire liability and your exclusive remedy for infringement claims regarding the Service.

18. Customer Indemnification

You will indemnify, defend, and hold harmless Triumph Interactive, Inc. and its officers, directors, employees, and agents from and against any third-party claim, and resulting damages, liabilities, and reasonable attorneys' fees, arising out of or related to: (a) Customer Data; (b) your websites, apps, Shopify store, or tracker installation; (c) your breach of these Terms; (d) your violation of law (including privacy and tracking laws); (e) your end users' claims relating to your notices, consents, or tracking practices; or (f) your gross negligence or willful misconduct. Triumph will promptly notify you, allow you to control the defense (with counsel reasonably acceptable to Triumph), and cooperate at your expense. You will not settle any claim that imposes admission or non-monetary obligations on Triumph without our prior written consent.

19. Mutual Indemnity for Certain Misconduct

Each party will indemnify the other against third-party claims to the extent arising directly from the indemnifying party's gross negligence or willful misconduct, subject to Section 16 (including the hard cap as to Triumph's liability).

20. Suspension and Termination

We may suspend or terminate access for non-payment, material breach, legal risk, or abuse, with notice where reasonable. You may cancel as the product allows. Upon termination, your right to use the Service ends. Provisions that by nature should survive (including Sections 9-19, 21-26) survive termination.

21. Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, war, labor dispute, government action, epidemic, utility or cloud-provider outage, or cyber incident not caused by that party's failure to use reasonable safeguards. Payment obligations for fees already due are not excused. Either party may terminate if a force majeure event continues more than thirty (30) days.

22. Modifications to Terms

We may modify these Terms by posting an updated version and updating the "Last Updated" date. Material changes will be effective upon posting or as otherwise stated. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service and cancel your account.

23. Governing Law

These Terms are governed by the laws of the State of North Carolina, excluding conflict-of-law rules. The UN CISG does not apply.

24. Dispute Resolution

Escalation. Before formal proceedings, the parties will attempt in good faith to resolve disputes through negotiation for fifteen (15) days after written notice.

Arbitration. Except for the carve-outs below, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat is Wake County, North Carolina. Judgment on the award may be entered in any court with jurisdiction.

Class waiver. YOU AND TRIUMPH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

Carve-outs. Either party may: (a) bring an individual action in small claims court; or (b) seek injunctive or provisional relief in court to protect intellectual property, confidentiality, or security, or to prevent irreparable harm.

Fees. In any action or arbitration arising out of these Terms, the prevailing party is entitled to recover reasonable attorneys' fees and costs from the other party, to the maximum extent permitted by law. The tribunal may apportion fees where each party prevails on distinct claims.

25. Publicity

We will not issue a press release about you without your prior written approval. After you are a paying customer, we may identify you as a customer and describe the relationship in a truthful, non-confidential way in our website, portfolio, and proposals, subject to your prior written approval (not to be unreasonably withheld). You may request removal for a reasonable confidentiality or reputational concern, and we will comply promptly.

26. General

Notices. Notices must be in writing and delivered by email (with confirmation of non-failure), certified mail, or overnight courier to the addresses associated with your account or to our contact form / the address below. Notices of termination or formal dispute should also be sent by courier or certified mail where practical.

Assignment. Neither party may assign these Terms without the other's prior written consent, except either party may assign to a successor in connection with a merger, reorganization, or sale of substantially all assets upon notice.

Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder remains in effect.

No waiver. Failure to enforce a provision is not a waiver. Waivers must be in writing.

Entire agreement. These Terms, the Privacy Policy, and any signed Enterprise order form are the entire agreement regarding the Service and supersede prior proposals on that subject. Click-through or purchase-order terms you issue are rejected unless we expressly accept them in a signed writing.

Order of precedence. A signed Enterprise order form controls over these Terms only for the specific commercial terms it expressly states. These Terms control over marketing pages.

Third-party beneficiaries. Except for indemnified persons under Sections 17-19, there are no third-party beneficiaries.

Electronic agreement. Electronic acceptance (including checkbox and click-to-accept) is valid under the ESIGN Act and applicable state law.

Construction. Headings are for convenience only. These Terms will not be construed against either party as drafter.

27. Contact

Triumph Interactive, Inc.
6805 Dwight Rowland Rd, #431
Willow Spring, NC 27592
Contact: contact form
Web: triumphanalytics.com