Effective Date: January 1, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between TavMind, Inc. ("TavMind," "Company," "we," "us," or "our") and the individual or entity accessing or using our services ("you," "Customer," or "User"). By creating an account, subscribing to any of our plans, or otherwise accessing or using our AI-powered sales intelligence platform and related services (collectively, the "Services"), you agree to be bound by these Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, do not use our Services.
TavMind provides an AI-powered sales intelligence and go-to-market (GTM) platform that aggregates intent data signals, provides AI-based account scoring and prioritization, delivers pipeline analytics and forecasting, and integrates with third-party CRM and sales engagement tools. The specific features and capabilities available to you depend on the subscription plan you have selected, as described in our current pricing documentation available at tavmind.com/price.html.
To access our Services, you must create an account by providing accurate and complete registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us at security@tavmind.com of any unauthorized access to or use of your account. TavMind will not be liable for any loss or damage arising from your failure to comply with these security obligations.
You agree not to share your account credentials with any person outside your organization, use your account in any way that violates these Terms or applicable law, or attempt to gain unauthorized access to any other user's account or to TavMind's internal systems.
TavMind offers multiple subscription tiers (Starter, Growth, Enterprise) as described in our current pricing documentation. Plan features, user limits, and account tracking limits are as specified for each plan. We reserve the right to modify plan pricing and features with 30 days' notice to affected subscribers.
Annual subscriptions are billed in advance for the full subscription period. Monthly subscriptions (where available) are billed on the same date each month. All fees are non-refundable except as expressly provided in these Terms or as required by applicable law. We reserve the right to suspend or terminate your account for non-payment.
We may offer free trial periods for certain plans. At the end of any free trial period, your account will automatically transition to the paid plan you selected during signup unless you cancel before the trial expires. No charge will be applied during a free trial period.
All fees are exclusive of applicable taxes, levies, or duties. You are responsible for paying any taxes applicable to your use of our Services, except for taxes based on TavMind's net income.
You agree to use our Services only for lawful business purposes and in compliance with these Terms and all applicable laws and regulations. You must not:
You retain ownership of all data you provide to TavMind ("Customer Data"), including CRM data, contact lists, and account information imported into the platform. By providing Customer Data, you grant TavMind a limited, non-exclusive license to use your Customer Data solely to provide and improve the Services you have subscribed to. We will not use your Customer Data to train our AI models without your explicit written consent.
TavMind's intent data, scoring models, analytics data, and platform technology are proprietary to TavMind and its data providers. Your subscription grants you a limited, non-exclusive, non-transferable right to access and use this data solely through our platform for your internal business purposes during your subscription term. You may not export, reproduce, or distribute TavMind's proprietary data outside of the platform without express written permission.
All rights, title, and interest in and to the TavMind platform, including all software, algorithms, user interfaces, documentation, and other technology, remain exclusively with TavMind. Nothing in these Terms grants you any ownership interest in our platform or intellectual property.
If you provide feedback, suggestions, or ideas about our Services ("Feedback"), you grant TavMind an irrevocable, royalty-free, worldwide license to use, incorporate, and commercialize that Feedback without restriction or obligation to you.
Each party agrees to maintain the confidentiality of the other party's Confidential Information and not to disclose it to third parties without prior written consent, except as required by law or as permitted by these Terms. "Confidential Information" includes pricing, business plans, product roadmaps, customer lists, and technical specifications. Obligations of confidentiality do not apply to information that is or becomes publicly available through no breach of these Terms, is independently developed by the receiving party, or is rightfully received from a third party without confidentiality obligations.
TavMind commits to a platform availability target of 99.9% uptime per calendar month, excluding scheduled maintenance windows (announced at least 72 hours in advance) and events outside our reasonable control (force majeure). If we fall below this target in a given month, you may be eligible for service credits as follows:
Credits are your sole remedy for availability issues. To claim a credit, contact support@tavmind.com within 30 days of the affected month.
TavMind warrants that it will provide the Services in a professional and workmanlike manner consistent with industry standards. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TAVMIND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TAVMIND DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR UP TO DATE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAVMIND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF TAVMIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TAVMIND'S TOTAL CUMULATIVE LIABILITY ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE FEES PAID BY YOU TO TAVMIND IN THE THREE MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless TavMind and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your violation of these Terms, (b) your use of the Services in violation of applicable law, (c) your violation of any third party's rights, or (d) any Customer Data that infringes the intellectual property or other rights of a third party.
These Terms remain in effect as long as you have an active account or subscription with TavMind. Either party may terminate for material breach upon 30 days' written notice if the breach is not cured within that period. TavMind may terminate your account immediately for payment non-compliance, violation of our acceptable use policy, or conduct that poses a security risk to our platform or other customers. Upon termination, your right to access and use the Services ceases immediately. We will retain your Customer Data for 90 days post-termination to facilitate data export, after which it will be deleted.
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute arising from these Terms or your use of our Services will first be addressed through good faith negotiation. If negotiation fails, disputes will be resolved by binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property violations or breaches of confidentiality. You waive any right to participate in a class action lawsuit or class-wide arbitration.
We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' written notice via email or through a prominent notice in the platform. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must cancel your subscription before the effective date.
These Terms constitute the entire agreement between you and TavMind regarding your use of the Services and supersede all prior agreements and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full effect. TavMind's failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. You may not assign these Terms or any rights under them without TavMind's prior written consent. TavMind may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
For questions about these Terms, please contact us:
TavMind, Inc.
Legal Department
535 Mission Street, Suite 1200
San Francisco, CA 94105
Email: legal@tavmind.com
Phone: +1 (415) 820-4490
These Terms of Service were last updated on January 1, 2025. Questions about our Terms can be directed to legal@tavmind.com.