Legal

Terms of Service

1. The Service

ClaimJumper provides tools that may connect to third-party advertising, analytics, commerce, and customer relationship management platforms. Depending on the subscribed features and Customer's configuration, the Service may retrieve performance data, produce analyses and forecasts, recommend actions, or make authorized changes to connected advertising accounts.

ClaimJumper does not create or supply advertisements unless expressly stated in an order form. Customer remains responsible for its advertisements, offers, landing pages, products, targeting choices, claims, disclosures, and legal compliance.

We may modify the Service over time. We will not materially reduce the core functionality of a paid Service during a current subscription term without reasonable notice, except where a change is required for security, law, or compliance with a third-party platform's requirements.

2. Accounts and authorized users

Customer must provide accurate account information and keep it current. Customer is responsible for:

Customer may allow its employees and contractors to use the Service on its behalf, but remains responsible for their compliance with the agreement.

3. Connected platforms

Customer authorizes ClaimJumper to access and interact with connected accounts solely to provide the Service and carry out Customer's configurations and instructions. Customer represents that it has all rights and permissions necessary to grant that authorization.

Customer's use of Google, Meta, and other third-party services remains governed by the applicable third-party terms. ClaimJumper is not affiliated with, endorsed by, or responsible for any connected platform unless expressly stated otherwise.

Connected platforms may change or discontinue APIs, impose quotas, delay reporting, reject actions, suspend accounts, change auction or attribution systems, or provide incomplete or inaccurate data. ClaimJumper does not control those events and is not responsible for resulting unavailability or performance changes.

Customer will not use the Service to circumvent a platform restriction or violate a platform's terms. We may limit or suspend an integration when reasonably necessary to protect the Service, comply with law, or comply with platform requirements.

4. Automated actions and advertising spend

4.1 Authorization

If Customer enables an automation feature, Customer authorizes ClaimJumper to take the categories of actions selected by Customer within the budgets, accounts, objectives, risk settings, approval rules, and other limits configured by Customer or stated in an applicable order form.

Customer is responsible for reviewing its configuration before enabling automation and for maintaining appropriate oversight. Customer may disable automation or revoke connected-account access, subject to platform processing delays and any actions already submitted.

4.2 No guaranteed outcome

Forecasts, recommendations, anomaly alerts, and automated decisions are probabilistic. Advertising markets and attribution systems are dynamic, and past performance does not guarantee future results. ClaimJumper does not guarantee:

4.3 Responsibility for spend

Advertising charges are incurred directly with connected platforms and are separate from fees owed to ClaimJumper. Customer is responsible for all advertising spend and platform charges associated with its accounts, including charges resulting from authorized automated actions, except to the extent directly caused by ClaimJumper acting outside Customer's authorization because of ClaimJumper's breach of the agreement.

5. Customer responsibilities

Customer will:

Customer will not use the Service to engage in unlawful discrimination, deceptive advertising, surveillance, malware distribution, infringement, unauthorized profiling, or any activity prohibited by connected platforms.

6. Customer Data

"Customer Data" means data, content, credentials, configurations, and information submitted to the Service by or for Customer, obtained from Customer's connected accounts, or generated by the Service in a form reasonably linkable to Customer. Customer-specific model state and derived account-level insights are Customer Data.

As between the parties, Customer retains all rights in Customer Data. Customer grants ClaimJumper a non-exclusive, worldwide, limited-term license to host, copy, transmit, modify, analyze, and otherwise process Customer Data only as necessary to:

Where applicable, the parties will comply with any data processing agreement executed between them. A current list of ClaimJumper's subprocessors is available on request at mikhail@claimjumper.ai.

7. Aggregated and de-identified data

ClaimJumper may create data derived from Customer Data or Service usage that has been aggregated or de-identified using measures reasonably designed to prevent association with an identifiable individual or Customer ("Aggregated and De-identified Data"). ClaimJumper may use Aggregated and De-identified Data to operate, secure, evaluate, develop, and improve the Service and its models, and to create statistical research, benchmarks, and industry insights.

ClaimJumper will:

Customer grants ClaimJumper a perpetual, irrevocable, worldwide, royalty-free right to use Aggregated and De-identified Data subject to this Section. This right survives termination because the data, by definition, can no longer reasonably identify Customer or an individual. If information ceases to meet that standard, this surviving right does not apply to it.

8. Privacy and security

Our Privacy Policy describes how we process Personal Data in our role as a controller or business. When ClaimJumper processes Personal Data on Customer's behalf, the parties' data processing agreement governs.

ClaimJumper will maintain reasonable administrative, technical, and organizational safeguards appropriate to the nature of Customer Data and the Service. No system is completely secure, and Customer acknowledges the inherent risks of transmitting and storing information electronically.

9. Intellectual property

Except for Customer Data, ClaimJumper and its licensors own the Service, software, documentation, models, methodologies, interfaces, designs, and related intellectual property. No rights are granted except as expressly stated in the agreement.

If Customer provides feedback, Customer grants ClaimJumper a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or obligation, provided ClaimJumper does not identify Customer publicly without permission.

10. Fees and payment

Customer will pay the fees stated in the applicable order form or subscription page. Unless otherwise stated:

11. Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that is marked confidential or should reasonably be understood as confidential, including Customer Data, product plans, security information, pricing, and business strategies.

The receiving party will use Confidential Information only to perform or exercise rights under the agreement, protect it using at least reasonable care, and disclose it only to personnel and service providers who need to know it and are bound by confidentiality obligations. These restrictions do not apply to information that the receiving party can demonstrate was lawfully known without restriction, independently developed, rightfully received from another source, or publicly available through no breach.

A party may disclose Confidential Information when legally required, provided it gives advance notice where legally permitted and reasonable assistance at the disclosing party's expense.

12. Beta and experimental features

Features identified as beta, preview, experimental, or evaluation features may be changed or discontinued at any time and may be less reliable than generally available features. They are provided "as is" and without service-level commitments. Customer should not use them for high-risk automated spending decisions unless the applicable documentation expressly supports that use.

13. Suspension

We may suspend access to all or part of the Service if:

Where practicable, we will provide notice and an opportunity to cure. We will limit the suspension to the scope and duration reasonably necessary.

14. Term and termination

These Terms begin when accepted and continue until all subscriptions and order forms have ended. Subscription terms, renewal, and termination rights are stated in the applicable order form or subscription page.

Either party may terminate the agreement for material breach if the breach is not cured within 30 days after written notice, or immediately if the breach cannot reasonably be cured. Either party may terminate if the other becomes insolvent or enters bankruptcy proceedings not dismissed within 60 days.

After termination:

15. Warranties and disclaimers

Each party represents that it has authority to enter into the agreement. ClaimJumper warrants that it will provide paid Services in a professional and workmanlike manner. Customer's exclusive remedy for breach of this warranty is re-performance of the affected Service or, if ClaimJumper cannot materially cure the breach, termination of the affected order and refund of prepaid fees covering the unused terminated period.

Except for the express warranty above and to the maximum extent permitted by law, the Service is provided "as is" and "as available." ClaimJumper disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing or usage of trade. ClaimJumper does not warrant uninterrupted or error-free operation or the accuracy of third-party platform data.

16. Indemnification

Customer will defend and indemnify ClaimJumper and its affiliates, officers, directors, and personnel against third-party claims, damages, and reasonable costs arising from:

ClaimJumper will defend and indemnify Customer against a third-party claim that the paid Service, when used as authorized, directly infringes that third party's patent, copyright, or trademark. ClaimJumper may modify or replace the affected Service or terminate it and refund prepaid fees for the unused terminated period. This obligation does not apply to claims arising from Customer Data, third-party services, unauthorized modifications, combinations not supplied by ClaimJumper, or continued use after notice of an alleged infringement.

The indemnified party must promptly notify the indemnifying party, provide reasonable cooperation at the indemnifying party's expense, and allow the indemnifying party to control the defense and settlement. A settlement may not admit fault by or impose non-monetary obligations on the indemnified party without its consent.

17. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or data, even if advised of the possibility.

Except for the excluded claims below, each party's aggregate liability arising out of or relating to the agreement will not exceed the fees paid or payable by Customer to ClaimJumper during the 12 months preceding the event giving rise to liability.

The limitations above do not apply to:

18. Governing law and disputes

The agreement is governed by the laws of the State of Utah, United States, without regard to conflict-of-laws principles. The state and federal courts located in Salt Lake County, Utah will have exclusive jurisdiction, and each party consents to venue and personal jurisdiction there.

Before filing a claim, each party will give written notice and allow at least 30 days for good-faith efforts to resolve the dispute, except where urgent injunctive relief is reasonably necessary.

19. General

Neither party may assign the agreement without the other's consent, except to an affiliate or in connection with a merger, reorganization, acquisition, or sale of substantially all relevant assets, provided the assignee assumes the agreement. Customer may not assign the agreement to a direct competitor of ClaimJumper without our consent.

Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.

The parties are independent contractors. The agreement creates no partnership, franchise, fiduciary, agency, or employment relationship. Neither party may bind the other.

Notices must be sent to the addresses in the applicable order form. Legal notices to ClaimJumper must also be sent to mikhail@claimjumper.ai.

If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in effect. Failure to enforce a provision is not a waiver. Headings are for convenience only.

The agreement is the complete agreement concerning its subject matter and supersedes prior or contemporaneous agreements on that subject. Amendments must be in writing, except that ClaimJumper may update online Terms as described below.

We may update these Terms from time to time. Material changes will take effect on renewal or at least 30 days after notice, unless an earlier change is required by law, security needs, or a third-party platform. If Customer objects to a material change that substantially reduces its rights during a paid term, Customer may notify us within 30 days and terminate the affected Service for a prorated refund of prepaid unused fees.

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