Terms of Service

These Terms of Service ("Terms") govern your use of the Otter A/B platform operated by Otter A/B ("we", "our", or "us"). By accessing or using our service, you agree to be bound by these Terms.

1. Accounts

To use Otter A/B, you must create an account with a valid email address. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

You must be at least 16 years old to create an account. By creating an account, you represent that the information you provide is accurate and complete.

2. Acceptable Use

You agree to use Otter A/B only for lawful purposes. You must not:

• Use the platform to test or distribute malicious content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use the service to collect personal data in violation of applicable privacy laws
• Resell or redistribute the service without our written consent
• Interfere with or disrupt the integrity or performance of the service
• Use the service to send spam or unsolicited communications

3. Your Content and Data

You retain ownership of all data you create or upload to Otter A/B, including test configurations, variant content, and analytics data. We do not claim ownership of your content.

You grant us a limited license to process, store, and display your content as necessary to provide the service. This license ends when you delete your content or close your account.

You are responsible for ensuring that your use of Otter A/B on your websites complies with all applicable laws, including privacy and data protection regulations (GDPR, CCPA, etc.).

4. Visitor Data

When you install the Otter A/B snippet on your website, you are the data controller for your visitors' data. We act as a data processor on your behalf. You are responsible for providing appropriate privacy disclosures to your website visitors regarding the use of A/B testing tools.

5. Subscriptions and Billing

Otter A/B offers paid subscription plans billed monthly or annually. By subscribing, you authorize us to charge your payment method on a recurring basis.

• Prices are in USD and exclude applicable taxes.
• You can upgrade, downgrade, or cancel your subscription at any time.
• Downgrades take effect at the end of the current billing period.
• Refunds are not provided for partial billing periods.
• We reserve the right to change pricing with 30 days' notice.

6. Free Trials

New accounts may receive a free trial period. No credit card is required during the trial. At the end of the trial, you can choose a paid plan or your account will be limited to the free tier capabilities.

7. Service Availability

We strive to maintain 99.9% uptime for the Otter A/B platform and SDK. However, we do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance when possible.

The SDK includes a 3-second failsafe that ensures your website remains fully functional even if the Otter A/B service is temporarily unavailable.

8. Intellectual Property

The Otter A/B platform, SDK, documentation, and all related materials are owned by us and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the service for its intended purpose.

9. Limitation of Liability

To the maximum extent permitted by law, Otter A/B shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the service.

Our total liability for any claims arising from these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the service, your violation of these Terms, or your violation of any third-party rights.

11. Termination

You may close your account at any time by contacting support. We may suspend or terminate your account if you violate these Terms or if required by law. Upon termination, your data will be deleted within 30 days unless retention is required by law.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or a prominent notice on the platform. Continued use of the service after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Contact

For questions about these Terms, contact us at legal@otterab.com.