Terms of Use

Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and Kettle Hole Partners LLC, a Massachusetts limited liability company and the owner and operator of CohortClarity ("we," "us," or "our"), governing your access to and use of the website at cohortclarity.com and the application at app.cohortclarity.com (together, the "Service").

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you may not use the Service.

The Services

CohortClarity is a B2B marketing analytics platform. The Service connects to your advertising platforms and CRM to aggregate and analyze marketing and revenue data, providing cohort-based reporting, pipeline analysis, AI-powered recommendations, and related insights.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

Accounts and Access

To use the Service, you must create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account.

You must provide accurate and complete information when creating your account and keep that information current. We reserve the right to terminate accounts that contain false or misleading information.

Subscriptions and Payment

CohortClarity offers the following subscription plans, billed monthly:

• Insight — $750/month. Includes Google Ads and HubSpot integration, cohort reporting, and goals and benchmarks.
• Insight + Analysis — $950/month. Includes everything in Insight, plus lead quality analysis, new client projections, and AI-powered recommendations.
• Strategic Guidance — $1,250/month. Includes everything in Insight + Analysis, plus a monthly 30-minute strategy call, personalized guidance, and priority support.

Pricing is subject to change. We will provide at least 30 days' notice before any price change takes effect for existing subscribers. Payment is due at the start of each billing period. Failure to pay may result in suspension or termination of your access to the Service.

Subscriptions renew automatically at the end of each billing period unless you cancel by contacting us at [email protected] at least 30 days before the renewal date. Upon cancellation, your access continues through the end of the current paid billing period. We do not provide prorated refunds for partial months.

Your Data

You retain full ownership of all data you provide to or generate through the Service, including data retrieved from your connected marketing and CRM platforms ("Client Data"). We do not claim any ownership rights over your Client Data.

By using the Service, you grant CohortClarity a limited, non-exclusive license to access, process, and store your Client Data solely for the purpose of providing and improving the Service to you. We will not use your Client Data for any other purpose without your explicit consent.

We may use anonymized, aggregated, and de-identified data derived from Client Data to improve our algorithms and platform features, provided such data cannot reasonably be used to identify you or any individual. We retain all rights to such derived data.

You represent and warrant that you have all necessary rights and permissions to provide Client Data to us and to authorize us to process it as described in these Terms and our Privacy Policy.

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates applicable local, national, or international laws or regulations
• Attempt to gain unauthorized access to any part of the Service, its infrastructure, or any accounts of other users
• Reverse engineer, decompile, or otherwise attempt to derive the source code of the Service
• Use automated scripts or bots to scrape data from the Service without our written consent
• Resell or sublicense access to the Service to third parties without our express written permission
• Introduce malicious code, viruses, or any other harmful material into the Service
• Interfere with or disrupt the integrity or performance of the Service

We reserve the right to investigate and take appropriate action, including suspending or terminating your account, if we believe you have violated these provisions.

Intellectual Property

The Service, including its software, design, text, graphics, algorithms, dashboards, and all related documentation, is owned by CohortClarity and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership of our intellectual property to you.

You are granted a limited, non-exclusive, non-transferable license to use the Service during the term of your subscription solely for your internal business purposes. This license does not include any right to copy, modify, distribute, or create derivative works based on the Service.

Confidentiality

Each party agrees to keep confidential any non-public information of the other party that is disclosed in connection with the Service and that a reasonable party would understand to be confidential given its nature and the circumstances of disclosure. This includes, without limitation, business strategies, pricing, algorithms, Client Data, and technical information.

Neither party will disclose the other's confidential information to third parties or use it for any purpose other than performing its obligations under these Terms, except as required by law. Each party will protect the other's confidential information with at least the same degree of care it uses to protect its own, and no less than reasonable care. These obligations survive termination of these Terms.

Third-Party Services

The Service integrates with third-party platforms to retrieve and analyze your marketing and CRM data. Current integrations include platforms such as Google Ads, HubSpot, and Salesforce, and we continue to add new integrations over time. Your use of any connected platform is governed by that platform's own terms of service and privacy policies. Kettle Hole Partners LLC is not responsible for the practices, availability, or accuracy of any third-party platform.

Connecting a third-party platform to CohortClarity does not create any relationship between us and that platform provider beyond what is necessary to retrieve your data on your behalf.

Disclaimers and AI Output Limitations

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

Analytics outputs are probabilistic, not predictive guarantees. The recommendations, projections, and insights generated by the Service are derived from machine learning models applied to your historical data. They are decision-support tools only. They are not guarantees, warranties, or representations of future results, and do not constitute professional marketing, financial, or business consulting advice.

Accuracy depends on your data. The quality and usefulness of analytics outputs depends directly on the completeness and accuracy of the data you provide. Changes in market conditions, competitive dynamics, or other external factors may cause actual results to differ materially from any projection or recommendation.

Models may be updated. We may update our AI models and algorithms at any time to improve accuracy or add capabilities. Such updates may alter outputs for the same underlying data. We are not liable for any business impact resulting from changes to outputs following a model update.

Do not use outputs as certified forecasts. Analytics outputs should not be presented to investors, lenders, or regulators as certified financial forecasts or guarantees without appropriate independent professional qualification.

Limitation of Liability

IN NO EVENT SHALL KETTLE HOLE PARTNERS LLC BE LIABLE TO CLIENT FOR ANY DAMAGES RESULTING FROM OR RELATED TO ANY FAILURE OR DELAY IN THE DELIVERY OR PERFORMANCE OF THE PLATFORM OR SERVICES UNDER THESE TERMS, AND CLIENT'S SOLE REMEDY UPON SUCH EVENT SHALL BE TERMINATION OF THESE TERMS IN ACCORDANCE WITH THE TERMINATION SECTION ABOVE.

IN NO EVENT SHALL KETTLE HOLE PARTNERS LLC BE LIABLE FOR ANY LOSS, DAMAGE, OR NEGATIVE BUSINESS OUTCOME RESULTING FROM ANY DECISION CLIENT MAKES OR ACTION CLIENT TAKES IN RELIANCE ON ANALYTICS OUTPUTS GENERATED BY THE PLATFORM. CLIENT EXPRESSLY ASSUMES ALL RISK ASSOCIATED WITH ITS USE OF AND RELIANCE ON SUCH OUTPUTS.

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PERFORMANCE OR BREACH HEREOF, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

KETTLE HOLE PARTNERS LLC'S TOTAL LIABILITY TO CLIENT HEREUNDER, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY CLIENT TO KETTLE HOLE PARTNERS LLC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO LIABILITY.

KETTLE HOLE PARTNERS LLC SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PLATFORM AND SERVICES, INCLUDING THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, THE WARRANTY OF MERCHANTABILITY, AND ANY WARRANTY THAT ANALYTICS OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR BUSINESS PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Kettle Hole Partners LLC and its affiliates, officers, directors, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Service, your Client Data, your violation of these Terms, or your infringement of any third-party rights.

Termination

Either party may terminate the subscription at any time. To cancel, contact us at [email protected]. Upon cancellation, your access to the Service will continue through the end of the current paid billing period, after which it will be deactivated. We do not provide prorated refunds for the remaining portion of any billing period.

We may suspend or terminate your access immediately if we determine, in our reasonable judgment, that you have violated these Terms or that continued access poses a risk to the Service or other users.

Upon termination, your license to use the Service ceases. You may request an export of your Client Data within 30 days of termination; after that period, we may delete your data in accordance with our Privacy Policy.

Governing Law and Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms and the services performed pursuant to either, or the parties' relationship (each, a "Dispute") shall be resolved exclusively by final and binding arbitration, except as expressly provided below. The arbitration shall be:

• Administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect
• Conducted in Boston, Massachusetts
• Governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles

The arbitrator shall be a single neutral arbitrator with at least ten (10) years of experience handling commercial contract disputes and judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitrator shall have authority to award reasonable attorneys' fees, costs, and expenses to the prevailing party, in addition to any other relief to which such party may be entitled under applicable law.

Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive relief or other equitable relief in a court of competent jurisdiction located in Massachusetts (without the posting of a bond, if permitted by law) to prevent or address unauthorized disclosure or misuse of confidential information or a breach or threatened breach of intellectual property or ownership provisions. Seeking such relief shall not constitute a waiver of the obligation to arbitrate all other Disputes.

Each party knowingly and irrevocably waives any right to a trial by jury in connection with any Dispute to the fullest extent permitted by law. This section shall survive termination or expiration of these Terms.

Severability and Entire Agreement

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

For users who have entered into a separate signed Software and Services Agreement with Kettle Hole Partners LLC, that agreement governs and supersedes these Terms of Use to the extent of any conflict. For all other users, these Terms constitute the entire agreement between you and Kettle Hole Partners LLC with respect to the Service and supersede any prior agreements or understandings. These Terms may not be amended except in writing signed by an authorized representative of Kettle Hole Partners LLC.

Changes to These Terms

We may update these Terms from time to time to reflect changes in the Service, applicable law, or our business practices. When we make material changes, we will update the effective date at the top of this page and notify you by email or through a notice within the application. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, your only recourse is to stop using the Service and cancel your subscription.

Contact Us

If you have questions about these Terms or need to reach us for any reason, please get in touch:

• CohortClarity / Kettle Hole Partners LLC
• Email: [email protected]
• Website: cohortclarity.com