Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, applications, and services (collectively, the "Service") provided by Fifth Effect, LLC, operating as Aloftly Analytics ("Aloftly," "we," "us," or "our"). By joining the waitlist, creating an account, or using the Service, you agree to be bound by these Terms.

1. The Service

Aloftly is a unified conversion-rate-optimization (CRO) analytics platform for Shopify stores. It connects data from tools you authorize, such as Shopify, Google Analytics 4, Microsoft Clarity, Intelligems, KnoCommerce, Gorgias, and Judge.me, into a single dashboard, and uses AI to generate insights, prioritized test hypotheses, and evidence-backed recommendations.

The Service is currently in pre-launch development. Features described on our website reflect what we are building and may change before or after launch.

2. Waitlist and Beta Access

Joining the waitlist does not create an account or guarantee access to the Service. Beta invitations are issued at our discretion. Beta and early-access versions of the Service are provided for evaluation, may contain defects, and may be changed, suspended, or discontinued at any time. Any early-access pricing communicated before launch is indicative and subject to finalization.

3. Accounts and Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. When accounts become available, you are responsible for safeguarding your credentials and for all activity under your account. If you use the Service on behalf of a company or client, you represent that you are authorized to bind that organization to these Terms.

4. Subscriptions and Fees

We do not currently charge for the Service. When paid plans launch, pricing, billing terms, and renewal terms will be presented at the point of purchase and incorporated into these Terms. We will give reasonable notice of any fee changes, which take effect at the start of the next billing cycle.

5. Integrations and Third-Party Services

The Service connects to third-party platforms via OAuth or API keys that you provide. Your use of each third-party platform is governed by that platform's own terms and policies, and you are responsible for having the right to connect it. We do not control third-party platforms and are not responsible for their availability, accuracy, or conduct. You may disconnect an integration at any time.

6. Your Data

You retain all rights to the data you submit to the Service or that the Service retrieves from your connected integrations ("Customer Data"). You grant us a limited, non-exclusive license to host, process, transmit, and display Customer Data solely to provide and improve the Service. Our collection and use of personal information is described in our Privacy Policy.

7. AI-Generated Recommendations

The Service uses artificial intelligence to analyze your data and produce insights, hypotheses, and recommendations. These outputs are informational, may be inaccurate or incomplete, and are not a guarantee of any business outcome. You are responsible for evaluating recommendations before acting on them.

8. Acceptable Use

You agree not to:

• use the Service in violation of any applicable law or regulation;
• connect data sources you do not have the right to access;
• probe, scan, or test the vulnerability of the Service, or interfere with its operation;
• reverse engineer, resell, or sublicense the Service except as permitted by law;
• use the Service to develop a competing product.

9. Intellectual Property

The Service, including its software, design, and content (excluding Customer Data), is owned by Fifth Effect, LLC and protected by intellectual-property laws. Feedback you provide about the Service may be used by us without restriction or obligation.

10. Confidentiality

Any non-public information we make available to you as part of beta or early access (including unreleased features and pricing) is our confidential information. You agree not to disclose it without our written consent.

11. Termination

You may stop using the Service and request deletion of your information at any time. We may suspend or terminate access to the Service (including beta access) at our discretion, with or without notice, particularly for breach of these Terms. Sections that by their nature should survive termination will survive.

12. Disclaimers

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

13. Limitation of Liability

To the maximum extent permitted by law, Fifth Effect, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising from your use of the Service. Our total liability for any claim arising out of these Terms or the Service will not exceed the greater of the amounts you paid us in the twelve months before the claim or one hundred US dollars (US $100).

14. Indemnification

You agree to indemnify and hold harmless Fifth Effect, LLC and its officers, employees, and agents from claims arising out of your use of the Service, your Customer Data, or your breach of these Terms.

15. Governing Law

These Terms are governed by the laws of the state in which Fifth Effect, LLC is organized, without regard to conflict-of-law principles. The courts located in that state will have exclusive jurisdiction over any dispute not subject to arbitration or small-claims procedures.

16. Changes to These Terms

We may update these Terms from time to time. If a change is material, we will provide notice, for example by email to waitlist members or a notice in the Service, before it takes effect. Continued use of the Service after a change takes effect constitutes acceptance.

17. Contact

Questions about these Terms can be sent to [email protected].