Terms of Service

These Terms of Service (“Terms”) govern access to and use of the nVektor service provided by Wahecos Commerce Digital, LLC (“nVektor”, “we”, “us”, or “our”).

By creating an account, signing an order form, accessing the Service, or using the Service, you agree to these Terms.

If you are using the Service on behalf of a company, merchant, brand, store, or other organisation, you represent that you have authority to bind that organisation. In that case, “Customer”, “you”, and “your” refer to that organisation.

1. Definitions

Agreement means these Terms, any applicable order form, the Data Processing Addendum, any referenced policies, and any other written agreement between Customer and nVektor governing the Service.

Customer means the business, merchant, brand, store owner, company, or other organisation that subscribes to or uses the Service.

Customer User means an employee, contractor, administrator, or other authorised person who accesses the Service on behalf of Customer.

End User means an individual who visits, browses, interacts with, or purchases from a Customer website, store, checkout, or other digital property.

Customer Data means data submitted to, collected through, generated by, or processed by the Service on behalf of Customer, including End User Data, event data, attribution data, order data, configuration data, and related technical data.

End User Data means Customer Data relating to an End User, which may include online identifiers, cookie identifiers, device and browser information, IP address, user agent, event data, order and transaction data, hashed contact identifiers where provided, referral data, click identifiers, attribution data, and similar information made available through Customer’s website, ecommerce platform, or configuration.

Service means nVektor’s tracking, attribution, event processing, reporting, debugging, delivery, dashboard, API, and related services.

Third-Party Platforms means third-party services, platforms, tools, software, APIs, apps, or destinations that Customer connects to or uses with the Service, including ecommerce platforms, advertising platforms, analytics platforms, hosting providers, consent tools, and data platforms.

2. The Service

nVektor provides tools for tracking, attribution, event processing, conversion signal handling, reporting, debugging, and related services.

The Service may include:

1. event collection and processing;
2. visitor, session, order, and attribution processing;
3. signal enrichment and validation;
4. conversion event delivery to Customer-selected destinations;
5. dashboards, health checks, logs, and reporting;
6. APIs, integrations, scripts, pixels, workers, or other technical components;
7. support, onboarding, setup, and related operational services.

nVektor may update, improve, modify, suspend, or discontinue parts of the Service from time to time.

3. Account Registration and Access

Customer must provide accurate account, billing, and contact information.

Customer is responsible for all activity under its account and for ensuring that Customer Users comply with the Agreement.

Customer must keep credentials, API keys, tokens, secrets, and account access secure.

Customer must promptly notify nVektor of any unauthorised access, suspected compromise, or security issue affecting Customer’s account or configuration.

nVektor is not responsible for losses caused by Customer’s failure to secure its own systems, accounts, credentials, stores, advertising accounts, ecommerce platforms, consent tools, integrations, or Customer User access.

4. Customer Responsibilities

Customer is responsible for its websites, stores, advertising accounts, ecommerce platforms, consent tools, privacy notices, cookie notices, terms, configurations, integrations, and relationships with End Users.

Customer is solely responsible for:

1. providing all legally required notices to End Users;
2. obtaining all legally required consents and permissions;
3. maintaining a legally sufficient privacy policy and cookie notice;
4. disclosing its use of analytics, attribution, advertising, tracking, service providers, and data processing partners;
5. ensuring Customer has a lawful basis for collecting, sharing, and processing End User Data;
6. ensuring Customer’s use of the Service complies with applicable privacy, data protection, consumer protection, ecommerce, advertising, and electronic communications laws;
7. honouring End User choices, opt-outs, deletion requests, access requests, and other privacy rights;
8. configuring the Service lawfully;
9. ensuring Customer Data submitted to nVektor may lawfully be processed by nVektor;
10. ensuring Customer’s use of the Service complies with applicable Third-Party Platform terms;
11. ensuring Customer does not send prohibited, sensitive, or unnecessary data to nVektor unless expressly agreed in writing.

Customer acknowledges that nVektor does not provide legal advice and does not determine whether Customer’s privacy policy, cookie banner, consent mechanism, advertising setup, ecommerce configuration, or use of the Service complies with applicable law.

5. Customer Data

As between Customer and nVektor, Customer owns Customer Data.

Customer grants nVektor the rights and permissions necessary to process Customer Data to provide, secure, support, maintain, and improve the Service, comply with the Agreement, follow Customer’s instructions, and comply with applicable law.

Customer represents and warrants that:

1. Customer has all rights, permissions, consents, lawful bases, and authorisations required to provide Customer Data to nVektor;
2. Customer’s collection and use of Customer Data complies with applicable law;
3. Customer’s instructions to nVektor comply with applicable law;
4. Customer Data does not infringe, misappropriate, or violate any rights of any person or third party;
5. Customer will not submit Sensitive Data unless expressly agreed in writing.

6. Data Processing Addendum

Where nVektor processes Personal Data on behalf of Customer, the nVektor Data Processing Addendum (“DPA”) applies and forms part of the Agreement.

The DPA describes the parties’ roles, processing instructions, security measures, subprocessor terms, retention, deletion, and other data protection obligations.

If there is a conflict between these Terms and the DPA regarding the processing of Personal Data, the DPA controls to the extent of the conflict.

7. End User Relationship

Customer is responsible for its relationship with End Users.

nVektor does not control Customer’s website, store, checkout, privacy policy, cookie banner, consent flow, ecommerce platform, advertising account, or End User communications.

Customer is responsible for responding to End User requests, complaints, disputes, regulatory enquiries, and claims relating to Customer’s collection, use, disclosure, or processing of End User Data.

Where required by applicable law and the DPA, nVektor will reasonably assist Customer with End User privacy requests relating to Customer Data processed by nVektor.

8. Third-Party Platforms and Integrations

The Service may interoperate with Third-Party Platforms selected or configured by Customer.

Customer is responsible for:

1. selecting, enabling, configuring, and maintaining Third-Party Platforms;
2. complying with Third-Party Platform terms and policies;
3. ensuring Customer has authority to send data to and receive data from Third-Party Platforms;
4. maintaining access credentials, tokens, permissions, pixels, APIs, accounts, and destinations;
5. verifying that data sent to Third-Party Platforms is accurate, lawful, and permitted.

nVektor is not responsible for Third-Party Platforms, including their availability, security, errors, API changes, data handling practices, pricing, policies, rejections, outages, or decisions.

If a Third-Party Platform changes its API, policies, access rules, or technical requirements, nVektor may need to modify, limit, suspend, or discontinue related Service functionality.

9. Advertising and Attribution Disclaimer

The Service may support tracking, attribution, signal processing, conversion delivery, event matching, and reporting.

Customer acknowledges that attribution and advertising reporting may be affected by factors outside nVektor’s control, including:

1. browser restrictions;
2. device settings;
3. ad blockers;
4. consent choices;
5. cookie limits;
6. platform API behaviour;
7. Third-Party Platform matching rules;
8. delayed or rejected platform responses;
9. inaccurate Customer configuration;
10. missing or malformed source data;
11. checkout, ecommerce, or website changes;
12. privacy laws and platform policy changes.

nVektor does not guarantee any specific advertising result, return on ad spend, match quality score, platform acceptance rate, attribution outcome, revenue result, or measurement accuracy.

10. Restrictions

Customer must not, and must not allow any Customer User or third party to:

1. use the Service unlawfully;
2. use the Service to collect or process data without required rights, notices, consents, or lawful bases;
3. send Sensitive Data to the Service unless expressly agreed in writing;
4. interfere with, disrupt, or overload the Service;
5. attempt to gain unauthorised access to the Service or related systems;
6. reverse engineer, decompile, or attempt to extract source code from the Service, except where prohibited by law;
7. bypass usage limits, security controls, authentication controls, or access restrictions;
8. use the Service to transmit malicious code, spam, or harmful content;
9. use the Service to violate Third-Party Platform terms;
10. resell, sublicense, or provide the Service to third parties unless expressly agreed in writing;
11. use the Service to build a competing product or service;
12. remove proprietary notices;
13. use the Service in a way that could damage nVektor, other customers, End Users, or Third-Party Platforms.

11. Sensitive Data

Customer must not submit Sensitive Data to the Service unless expressly agreed in writing.

Sensitive Data includes government identifiers, payment card numbers, financial account credentials, health information, biometric information, precise geolocation, children’s data, special category data under GDPR, sensitive personal information under CCPA/CPRA, or similar regulated data.

Customer is responsible for ensuring that its website, store, ecommerce platform, custom events, checkout configuration, and integrations do not send Sensitive Data to nVektor unless authorised.

nVektor may reject, delete, quarantine, or suspend processing of data that nVektor reasonably believes is Sensitive Data or otherwise creates legal, security, or operational risk.

12. Service Plans, Fees, and Payment

Customer must pay all fees described in the applicable order form, pricing page, invoice, or written agreement.

Fees may be based on subscription tier, usage volume, event volume, store count, destinations, integrations, features, support level, retention level, or other agreed metrics.

Unless otherwise stated:

1. fees are non-refundable;
2. fees are exclusive of taxes, unless otherwise stated;
3. Customer is responsible for applicable taxes;
4. payment obligations are non-cancellable during the subscription term.

If Customer exceeds usage limits or included volumes, nVektor may charge overage fees, require Customer to upgrade, reduce or throttle usage, or suspend affected functionality.

nVektor may change pricing for future renewal periods by giving notice in accordance with the Agreement.

13. High-Volume Usage

Customer acknowledges that high event volume, long retention, additional destinations, increased debugging, archive access, warehouse exports, or custom reporting may increase infrastructure, storage, processing, and support costs.

nVektor may apply usage limits, fair use limits, retention limits, overage fees, custom pricing, or technical controls for high-volume usage.

If Customer’s usage materially exceeds the expected or contracted volume, nVektor may require Customer to move to an appropriate plan, enter into a custom agreement, reduce usage, or adjust retention and processing settings.

14. Taxes

Customer is responsible for all taxes, duties, levies, and similar governmental assessments associated with its purchase or use of the Service, excluding taxes based on nVektor’s net income.

If nVektor is required to collect taxes, Customer must pay those taxes unless Customer provides a valid exemption certificate.

15. Suspension

nVektor may suspend Customer’s access to the Service, in whole or in part, if:

1. Customer fails to pay amounts due;
2. Customer breaches the Agreement;
3. Customer’s use creates security, legal, operational, or platform risk;
4. Customer’s use may harm nVektor, End Users, Third-Party Platforms, or other customers;
5. Customer sends prohibited or Sensitive Data without authorisation;
6. Customer exceeds usage limits or causes excessive load;
7. suspension is required by law or a Third-Party Platform.

Where practical, nVektor will provide notice and an opportunity to cure before suspension. However, nVektor may suspend immediately where necessary to prevent harm, comply with law, protect security, or avoid platform risk.

Customer remains responsible for fees during suspension unless otherwise required by law or agreed in writing.

16. Term and Termination

The Agreement begins when Customer accepts these Terms, signs an order form, creates an account, or starts using the Service.

The Agreement continues for the subscription term or until terminated in accordance with the Agreement.

Either party may terminate the Agreement if the other party materially breaches the Agreement and fails to cure the breach within 30 days after written notice.

nVektor may terminate immediately if Customer:

1. materially breaches data protection, security, or acceptable use obligations;
2. uses the Service unlawfully;
3. infringes nVektor’s intellectual property rights;
4. creates serious legal, security, platform, or operational risk;
5. fails to pay overdue fees after notice.

Upon termination, Customer must stop using the Service and nVektor may disable access.

Sections intended to survive termination will survive, including payment obligations, confidentiality, Customer Data provisions, intellectual property, disclaimers, indemnities, limitations of liability, dispute resolution, and any provisions that by their nature should survive.

17. Data Export and Deletion After Termination

Following termination, Customer may request export or deletion of Customer Data in accordance with the Agreement and DPA.

nVektor may delete or return Customer Data within the period described in the DPA, unless retention is required or permitted by law.

Customer is responsible for exporting Customer Data before termination where the Service provides export functionality.

nVektor is not required to retain Customer Data after the applicable deletion period.

Aggregated or de-identified data may be retained where it no longer identifies Customer, Customer Users, or End Users.

18. Beta Features

nVektor may make alpha, beta, experimental, preview, or early access features available.

Beta features are provided “as is”, may be changed or discontinued at any time, and may be subject to additional terms.

Customer should not rely on beta features for critical production use unless expressly agreed in writing.

19. Support

nVektor may provide support according to Customer’s plan, order form, or written agreement.

Support does not include legal advice, privacy compliance advice, advertising strategy, platform account management, custom development, or Third-Party Platform support unless expressly agreed in writing.

20. Service Availability

nVektor will use reasonable efforts to provide the Service.

However, the Service may be unavailable due to maintenance, updates, outages, Third-Party Platform failures, infrastructure issues, security events, force majeure events, or other causes.

nVektor does not guarantee uninterrupted, error-free, or always-available Service unless a separate written service level agreement applies.

21. Intellectual Property

nVektor and its licensors own all rights, title, and interest in and to the Service, including software, code, systems, designs, workflows, dashboards, documentation, models, processes, know-how, trademarks, and related intellectual property.

Customer receives only the limited right to access and use the Service during the subscription term in accordance with the Agreement.

Customer does not acquire ownership of the Service or nVektor intellectual property.

22. Feedback

If Customer provides suggestions, ideas, requests, improvements, or feedback, Customer grants nVektor a perpetual, irrevocable, worldwide, royalty-free right to use, modify, commercialise, and incorporate that feedback without restriction or compensation.

23. Aggregated and De-identified Data

nVektor may create and use Aggregated or De-identified Data to operate, analyse, benchmark, improve, and develop the Service, provided it does not identify Customer, Customer Users, or End Users.

nVektor will not use Aggregated or De-identified Data to disclose Customer’s confidential business information in an identifiable way.

24. Confidentiality

Each party may receive confidential information from the other party.

Confidential information includes non-public business, technical, financial, product, security, pricing, customer, data, system, and operational information.

The receiving party must:

1. use confidential information only to perform under the Agreement;
2. protect confidential information using reasonable care;
3. disclose confidential information only to personnel, advisors, contractors, and subprocessors who need to know it and are bound by confidentiality obligations;
4. not disclose confidential information to third parties except as permitted by the Agreement or required by law.

Confidentiality obligations do not apply to information that is publicly available without breach, already known without restriction, independently developed, or lawfully received from a third party without restriction.

25. Security

nVektor will implement reasonable technical and organisational measures designed to protect Customer Data.

Customer acknowledges that no online service, transmission, or storage system is completely secure.

Customer is responsible for securing its own accounts, systems, stores, credentials, consent tools, Third-Party Platforms, and integrations.

26. Indemnification by Customer

Customer will defend, indemnify, and hold harmless nVektor, its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising out of or relating to:

1. Customer Data;
2. Customer’s website, store, checkout, ecommerce platform, or advertising accounts;
3. Customer’s relationship with End Users;
4. Customer’s failure to provide required notices or obtain required consents;
5. Customer’s violation of privacy, data protection, consumer protection, ecommerce, advertising, or electronic communications laws;
6. Customer’s configuration or use of the Service;
7. Customer’s use of Third-Party Platforms;
8. Customer’s breach of the Agreement;
9. Customer’s violation of third-party rights;
10. Customer’s submission of Sensitive Data or prohibited data.

27. Indemnification by nVektor

nVektor will defend Customer against a third-party claim alleging that the Service, as provided by nVektor and used in accordance with the Agreement, infringes that third party’s intellectual property rights, and will pay damages finally awarded or amounts agreed in settlement.

nVektor will have no obligation for claims arising from:

1. Customer Data;
2. Customer’s configuration or use of the Service;
3. Customer’s combination of the Service with third-party products, services, data, or platforms;
4. modifications not made by nVektor;
5. use of the Service after nVektor provided a workaround or required Customer to stop use;
6. beta features;
7. Third-Party Platforms;
8. Customer’s breach of the Agreement.

If the Service is or may be subject to an infringement claim, nVektor may modify the Service, obtain rights for continued use, replace the affected functionality, or terminate the affected Service and provide any required refund for prepaid unused fees.

28. Warranty Disclaimer

The Service is provided “as is” and “as available”.

To the maximum extent permitted by law, nVektor disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and error-free operation.

nVektor does not warrant that:

1. the Service will be uninterrupted, secure, or error-free;
2. the Service will meet Customer’s requirements;
3. data will always be accurate, complete, or recoverable;
4. Third-Party Platforms will accept, process, attribute, or report events correctly;
5. Customer will achieve any particular revenue, attribution, advertising, match quality, or business outcome;
6. Customer’s use of the Service will comply with applicable law.

Customer is responsible for validating outputs, reports, configurations, and data flows before relying on them.

29. 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, lost revenue, lost business, lost goodwill, lost data, advertising losses, platform account actions, or cost of substitute services.

To the maximum extent permitted by law, each party’s total aggregate liability arising out of or relating to the Agreement will not exceed the amounts paid or payable by Customer to nVektor for the Service giving rise to the claim during the 12 months before the event giving rise to liability.

The limitations in this section apply regardless of the legal theory, whether contract, tort, negligence, strict liability, statutory liability, or otherwise, and even if a party has been advised of the possibility of damages.

Nothing in these Terms limits liability that cannot be limited under applicable law.

30. Exclusions from Liability Cap

The liability cap does not apply to:

1. Customer’s payment obligations;
2. Customer’s indemnification obligations;
3. Customer’s breach of restrictions on use;
4. Customer’s misuse of the Service;
5. Customer’s violation of nVektor intellectual property rights;
6. liability that cannot be limited under applicable law.

Optional commercial position to confirm before publication: data protection liability may either remain subject to the general cap or have a separate super-cap, such as [2x] the fees paid in the prior [12] months.

31. Force Majeure

Neither party is responsible for delay or failure to perform due to events beyond its reasonable control, including natural disasters, war, terrorism, labour disputes, internet failures, utility failures, infrastructure failures, cyberattacks, government actions, changes in law, Third-Party Platform outages, or hosting provider outages.

Payment obligations are not excused by force majeure.

32. Changes to the Service or Terms

nVektor may update the Service and these Terms from time to time.

If nVektor makes material changes to these Terms, nVektor will provide notice by email, in-product notice, website notice, or another reasonable method.

Changes will take effect on the stated effective date.

Continued use of the Service after changes take effect means Customer accepts the updated Terms.

If Customer does not agree to updated Terms, Customer must stop using the Service before the effective date.

33. Governing Law and Disputes

These Terms are governed by the laws of Wyoming, USA, without regard to conflict of law rules.

The parties agree to the exclusive jurisdiction and venue of the courts located in Wyoming, unless otherwise agreed in writing.

Before filing a claim, each party will use reasonable efforts to resolve disputes informally by escalating the matter to an authorised representative.

34. Notices

nVektor may send notices to Customer by email, in-product notice, account notice, or other reasonable means.

Customer may send legal notices to nVektor at:

hello@nvektor.com Wahecos Commerce Digital, LLC. 312 West 2nd Street
Casper, WY, USA

Customer is responsible for keeping contact and billing information current.

35. Assignment

Customer may not assign or transfer the Agreement without nVektor’s prior written consent, except to a successor in connection with a merger, acquisition, corporate reorganisation, or sale of substantially all assets, provided the successor assumes all obligations under the Agreement.

nVektor may assign the Agreement to an affiliate or successor in connection with a merger, acquisition, corporate reorganisation, or sale of substantially all assets.

36. Entire Agreement

The Agreement is the entire agreement between Customer and nVektor regarding the Service and supersedes all prior or contemporaneous agreements, proposals, discussions, or representations regarding the Service.

37. Order of Precedence

If there is a conflict between documents, the following order applies unless expressly stated otherwise:

1. signed order form or written agreement;
2. DPA, for Personal Data processing matters;
3. these Terms;
4. referenced policies;
5. documentation.

38. Severability

If any provision of the Agreement is found unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

39. No Waiver

Failure to enforce a provision is not a waiver of the right to enforce that provision later.

40. Contact

For questions about these Terms, contact:

hello@nvektor.com

Wahecos Commerce Digital, LLC. 312 West 2nd Street
Casper, WY, USA