Terms of Service

1. Agreement to Terms

By accessing or using the AGAVE Intelligence Platform (“Platform”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these terms, you may not access the Platform. These Terms apply to all visitors, users, and others who access or use the Platform.

2. Description of Service

AGAVE provides an enterprise consumer intelligence platform that enables businesses to create incentivized engagement campaigns, collect first-party data, and convert consumer intent into actionable business outcomes. Our services include prize campaign management, data capture and enrichment, analytics, and integration capabilities.

3. User Accounts

To access certain features of the Platform, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Notify us immediately if you discover any unauthorized use of your account

4. Acceptable Use

You agree not to use the Platform to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit any harmful, offensive, or illegal content
• Attempt to gain unauthorized access to our systems or user accounts
• Interfere with or disrupt the integrity or performance of the Platform
• Collect or harvest user data without authorization
• Use the Platform for any fraudulent or deceptive purposes

5. Intellectual Property

The Platform and its original content, features, and functionality are owned by AGAVE and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Platform without our prior written consent.

6. User Content

You retain ownership of any content you submit to the Platform. By submitting content, you grant AGAVE a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content in connection with operating and improving the Platform. You represent that you have all necessary rights to grant this license.

7. Prize Campaigns and Sweepstakes

Prize campaigns and sweepstakes conducted through the Platform are subject to:

• Official rules specific to each campaign
• Applicable federal, state, and local laws and regulations
• Eligibility requirements as specified in campaign materials
• AGAVE's prize campaign policies and guidelines

Enterprise clients are responsible for ensuring their campaigns comply with all applicable laws and regulations.

8. Payment Terms

Enterprise clients agree to pay all fees associated with their use of the Platform as specified in their service agreement. All fees are non-refundable unless otherwise stated. We reserve the right to modify our pricing with reasonable notice.

9. Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGAVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE PLATFORM.

11. Indemnification

You agree to defend, indemnify, and hold harmless AGAVE and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Platform or violation of these Terms.

12. Termination

We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Platform will cease immediately.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Delaware.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on this page and updating the “Last updated” date. Your continued use of the Platform after any changes constitutes acceptance of the new Terms.

15. Contact Information

If you have any questions about these Terms, please contact us at: