Terms of Use

1. Agreement to These Terms

These Website Terms of Use ("Terms") govern your access to and use of certiv.ai and its subdomains, including all content, features, and services available through the website (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

These Terms apply to all visitors, including prospective customers, partners, press, and members of the public. By submitting any form on the Site (including but not limited to demo requests, contact form submissions, account creation, newsletter signup, and gated content downloads), or by clicking any "I agree to the Terms of Use" or similar acceptance button we may display, you affirmatively manifest your assent to be bound by these Terms. If you are a Certiv customer using the Certiv Agent Assurance Platform (including the Scout discovery engine, the Policy Engine and any related software, APIs, documentation and/or services), your use of the Certiv Agent Assurance Platform is governed separately by a services agreement entered into by and between you and Certiv, not these Terms.

Certiv, Inc. ("Certiv," "we," "us," or "our") may update these Terms from time to time. For non-material changes (e.g., typo fixes, clarifications, contact information updates), we will post the updated Terms with a revised effective date. For material changes (e.g., changes to dispute resolution, liability, or your rights), we will provide at least thirty (30) days' advance notice by posting a prominent notice on the Site and, where reasonably practical, by email if you have provided one. You will be deemed to accept material changes only by affirmatively continuing to use the Site after the notice period or by clicking through any re-acceptance mechanism we provide.

2. Use of the Site

Permitted Use. You may access and use the Site for lawful purposes consistent with these Terms. The Site is intended for individuals 18 years of age or older. By using the Site, you represent that you meet this requirement.

Prohibited Conduct. You agree not to: use the Site for any unlawful purpose; copy, reproduce, distribute, or create derivative works from any Site content without our prior written consent; use any automated system, bot, scraper, spider, or data mining tool to access, extract, or index any portion of the Site; attempt to gain unauthorized access to any part of the Site or its underlying systems; interfere with or disrupt the integrity or performance of the Site; use the Site to transmit spam, malware, or any harmful content; misrepresent your identity or affiliation; use the Site to gather competitive intelligence, benchmark Certiv's products, or copy features for use in a competing product; or frame or mirror any portion of the Site without Certiv's prior written authorization.

3. Intellectual Property

All content on the Site — including text, graphics, logos, trademarks, images, software, and documentation — is owned by or licensed to Certiv and is protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in Certiv's intellectual property except the limited right to access the Site as described herein.

You may not use the Certiv name, logo, or any Certiv trademarks without our prior written consent, except that nothing in these Terms restricts nominative fair use of Certiv's name and marks, such as accurate references in news reporting, commentary, criticism, comparative advertising permitted by law, or accurate descriptions of products and services. Any feedback, comments, suggestions, or ideas you submit regarding the Site or Certiv's products and services ("Feedback") are non-confidential. You grant Certiv a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, modify, distribute, and create derivative works from Feedback for any purpose, without any obligation to compensate, credit, or notify you. To the extent any moral rights or similar rights apply to Feedback, you waive such rights to the maximum extent permitted by law.

4. Third-Party Links and Content

The Site may contain links to third-party websites or services. These links are provided for convenience only. Certiv does not control, endorse, or assume responsibility for any third-party content, products, or services. Your interactions with third-party sites are governed by their own terms and policies.

5. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CERTIV DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Certiv does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. Information on the Site, including product descriptions, blog posts, and marketing materials, is provided for informational purposes and should not be construed as professional, legal, or compliance advice.

AI-Related Disclaimers. The Site may include descriptions of Certiv's AI agent governance and security capabilities. These descriptions are for informational purposes only and do not constitute guarantees of specific security outcomes, compliance results, or detection accuracy. Actual performance depends on a variety of factors, including deployment configuration, environment, and Customer use.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CERTIV AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE, INCLUDING LOSS OF DATA, REVENUE, OR BUSINESS OPPORTUNITY, REGARDLESS OF THE THEORY OF LIABILITY.

CERTIV'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

6.1 Indemnification by You. You agree to indemnify, defend, and hold harmless Certiv, its officers, directors, employees, and agents from and against any third-party claims, damages, losses, and reasonable attorney's fees arising from (a) your violation of these Terms, (b) your violation of applicable law in connection with use of the Site, or (c) your violation of the rights of any third party.

7. Privacy

Your use of the Site is also governed by Certiv's Privacy Policy, available at certiv.ai/privacy. Please review the Privacy Policy for information on how we collect, use, and protect your data.

The Site may use cookies and similar tracking technologies. Your choices regarding cookies are managed through the cookie consent banner on the Site and as described in our Privacy Policy. You may withdraw your consent at any time.

8. General

Dispute Resolution. Any controversy, claim or dispute arising out of or relating to these Terms, or the obligation of a party hereunder, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be exclusively submitted to final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and, in such circumstances, the parties each waive the right to trial by a jury. You agree that any such arbitration will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in any class actions against Certiv. Any arbitration will be conducted in accordance with the currently prevailing commercial arbitration rules of the American Arbitration Association. The parties agree to abide by any decision and award rendered in the proceedings. Any arbitration hearing will be held exclusively in Seattle, Washington, and the laws of Washington State will govern (provided that with respect to arbitrability issues, federal arbitration law will govern). The arbitrator's decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. Any award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

Federal Arbitration Act. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this arbitration provision.

Arbitration Opt-Out. Within thirty (30) days after first agreeing to these Terms, you may opt out of the agreement to arbitrate by emailing legal@certiv.ai with the subject line "Arbitration Opt-Out" and providing your name and the email address associated with your interactions on the Site. Opting out will not affect any other provision of these Terms.

Mass Arbitration. If twenty-five (25) or more similar claims are submitted for arbitration by counsel acting in concert or in coordination, all such claims will be batched in stages of up to fifty (50) claims at a time, and the parties will work in good faith with AAA to administer staged batching to expedite resolution.

Class Action Waiver. All disputes must be brought individually. You may not participate in a class action, class arbitration, or representative proceeding related to these Terms.

Severability. If any provision is found unenforceable, the remaining provisions remain in full force.

Entire Agreement. These Terms constitute the entire agreement between you and Certiv regarding the Site. They do not govern your use of Certiv's products or services, which are governed by a separate services agreement entered into by and between you and Certiv.

Accessibility. Certiv is committed to providing a website that is accessible to the broadest possible audience, including individuals with disabilities. We work to meet Web Content Accessibility Guidelines (WCAG) 2.1 Level AA on an ongoing basis. If you encounter any accessibility issues, please contact us at legal@certiv.ai with the subject line "Accessibility" and we will work in good faith to address the issue.

Contact. Questions about these Terms should be directed to legal@certiv.ai.