Terms of Service

Welcome to DuckDive AI. These Terms of Service ("Terms") govern your access to and use of the DuckDive AI platform, website, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using DuckDive AI, you agree to:

• Be bound by these Terms of Service
• Comply with our Privacy Policy (incorporated by reference)
• Be at least 16 years of age (or the age of majority in your jurisdiction)
• Have the authority to enter into these Terms on behalf of yourself or your organization

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

2. Description of Service

DuckDive AI is a marketing analytics platform that:

• Connects to your marketing analytics platforms (Google Analytics, Google Ads, Google Search Console, etc.)
• Reads aggregated analytics data that these platforms have already collected
• Processes and analyzes this data using artificial intelligence
• Provides insights, visualizations, and reports based on your analytics data
• Enables you to ask questions about your marketing performance in natural language

Important: DuckDive AI does not collect data directly from your website or its visitors. We only access analytics reports from platforms like Google Analytics—the same data you can already see in your dashboards.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration and Security

3.1 Google OAuth Authentication

DuckDive AI uses Google OAuth for secure authentication. To use the service:

• Sign in with your Google account
• Authorize DuckDive AI to access your marketing data sources
• We receive only your Google account ID and email address

3.2 Account Security

You are responsible for:

• Maintaining the security of your Google account
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

3.3 Account Types

• Free Plan (Paddle): Single website, limited features
• Paid Plans (Dive/Deep Dive): Multiple websites, full features
• Custom Enterprise: For large organizations with specific needs

4. Subscription Plans and Billing

4.1 Subscription Tiers

DuckDive AI offers multiple subscription tiers:

• Paddle (Free): Limited features and usage
• Dive ($149/month): Full features for individual users
• Deep Dive ($449/month): Team collaboration and advanced features
• Custom Enterprise: Tailored solutions for large organizations

4.2 Billing Terms

• Subscription Fees: Paid monthly in advance via Stripe
• Auto-Renewal: Subscriptions automatically renew unless canceled
• Payment Processing: All payments processed securely through Stripe
• Currency: All fees are in U.S. Dollars
• Taxes: Fees exclude applicable taxes

4.3 Free Trials

• We may offer free trials for paid plans
• You must provide payment information to start a trial
• You will be charged automatically when the trial ends unless you cancel
• We reserve the right to limit trial eligibility

4.4 Refunds and Cancellations

• Cancellation: You may cancel your subscription at any time from your account settings
• Effect of Cancellation: Access continues until the end of your current billing period
• No Refunds: Fees are non-refundable except as required by law or at our sole discretion
• Downgrades: Changes to a lower-tier plan take effect at the next billing cycle

4.5 Price Changes

We may change subscription prices at any time. We will provide at least 30 days' notice before any price increase affects your account. Your continued use after the price change constitutes acceptance.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use DuckDive AI to:

• Analyze your own marketing data
• Generate insights and reports for your business
• Collaborate with team members (on applicable plans)
• Manage client data (with proper authorization)

5.2 Prohibited Uses

You may not:

• Violate Laws: Use the Service for any illegal purpose or in violation of any laws
• Unauthorized Access: Access data or systems you don't have permission to access
• Reverse Engineering: Reverse engineer, decompile, or attempt to extract source code
• Abuse the Service: Overload, interfere with, or disrupt the Service or servers
• Circumvent Limits: Bypass usage limits, rate limits, or access controls
• Resell: Resell, sublicense, or redistribute the Service without authorization
• Competitive Use: Use the Service to build a competing product or service
• Scraping: Use automated tools to scrape or extract data from the Service
• Harmful Content: Upload malware, viruses, or other harmful code
• Impersonation: Impersonate any person or entity or misrepresent your affiliation
• Spam: Send unsolicited communications through the Service

5.3 Enforcement

We reserve the right to investigate violations and take appropriate action, including:

• Suspending or terminating your account
• Removing content that violates these Terms
• Reporting illegal activity to law enforcement
• Taking legal action to protect our rights

6. Data and Privacy

6.1 Your Data Ownership

You own your data. Period. By using DuckDive AI, you authorize us to:

• Access aggregated analytics reports from platforms you connect (Google Analytics, etc.)
• Process and analyze that analytics data to generate insights
• Display insights and reports to you

6.2 What We Don't Do

DuckDive AI does not:

• Collect data directly from your website or its visitors
• Place tracking code, cookies, or scripts on your website
• Sell your data to anyone
• Use your data to train AI models
• Share your data with advertisers or marketers
• Access data beyond what you explicitly authorize

We only read analytics reports from platforms like Google Analytics—the same aggregated data you can already see in your dashboards.

6.3 Third-Party Authorization

When you connect analytics platforms:

• You confirm you have the right to authorize our access to those platforms
• You remain responsible for compliance with those platforms' terms
• You can revoke access anytime through your DuckDive AI settings or Google settings

6.4 Data Deletion

If you delete your account, we delete your data within 30 days. Simple as that.

6.5 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7. Intellectual Property Rights

7.1 Our Intellectual Property

DuckDive AI and all related technology, software, content, and materials are owned by us or our licensors. This includes:

• The DuckDive AI platform, website, and mobile applications
• Our AI models, algorithms, and technology
• Our trademarks, logos, and branding
• Documentation, guides, and educational materials

These Terms do not grant you any ownership rights to our intellectual property.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for your internal business purposes
• Use reports and visualizations generated by the Service

This license terminates when your subscription ends or your account is terminated.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service:

• You grant us a perpetual, worldwide, royalty-free license to use them
• We have no obligation to implement your feedback
• We have no obligation to compensate you for feedback

8. Third-Party Services and Integrations

8.1 Analytics Platform Integrations

DuckDive AI reads data from third-party analytics platforms (Google Analytics, Google Ads, etc.) through their official APIs. Important clarifications:

• We Read, Not Collect: We access aggregated analytics reports, not raw visitor data
• Platform Responsibility: Google Analytics, Google Ads, etc. are responsible for how they collect data from your website visitors
• API Dependencies: We're not responsible for changes to third-party APIs, data availability, or service interruptions
• Data Accuracy: We display data as provided by these platforms; we don't modify or validate it

8.2 Hosting and Infrastructure

DuckDive AI is hosted on Render's cloud infrastructure. Render provides secure, reliable hosting with encryption and regular backups.

8.3 Third-Party Links

The Service may contain links to third-party websites. We do not endorse or assume responsibility for any third-party content, products, or services.

9. Service Availability and Support

9.1 Service Level

We strive to provide reliable service but do not guarantee:

• Uninterrupted or error-free operation
• That defects will be corrected immediately
• That the Service will meet your specific requirements
• Specific uptime percentages (except for Enterprise customers with SLAs)

9.2 Maintenance

We may perform scheduled or emergency maintenance that temporarily interrupts the Service. We will provide advance notice when possible.

9.3 Support

Support availability varies by plan:

• Free Plan: Community support only
• Paid Plans: Email support with response times based on plan tier
• Enterprise Plans: Dedicated support and SLAs

10. Disclaimers and Limitations of Liability

10.1 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties regarding accuracy, reliability, or completeness of data or insights
• Warranties that the Service will be uninterrupted, secure, or error-free

10.2 AI-Generated Insights

Important: DuckDive AI uses artificial intelligence to analyze your marketing data. While we work hard to provide accurate insights:

• AI may occasionally misinterpret data or provide inaccurate insights
• Always verify important insights before making major business decisions
• DuckDive AI is a tool to assist your analysis, not replace your judgment
• We're not liable for business decisions based on AI-generated insights

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUCKDIVE AI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of goodwill
• Any damages arising from your use or inability to use the Service

MAXIMUM LIABILITY: Our total liability for all claims related to the Service shall not exceed the greater of (a) $100 or (b) the amount you paid us in the 12 months preceding the claim.

10.4 Exceptions

Some jurisdictions do not allow certain disclaimers or limitations of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless DuckDive AI and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your violation of any applicable laws or regulations
• Any data you provide or authorize us to access

12. Term and Termination

12.1 Term

These Terms begin when you first access the Service and continue until terminated by either party.

12.2 Termination by You

You may terminate these Terms at any time by:

• Canceling your subscription
• Deleting your account
• Ceasing to use the Service

12.3 Termination by Us

We may suspend or terminate your access immediately, without notice, if:

• You violate these Terms
• Your account is inactive for an extended period
• Your payment fails or your account is past due
• We are required to do so by law
• We discontinue the Service

12.4 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• We will delete your data within 30 days (unless required to retain it)
• You remain responsible for any outstanding fees
• Sections that should survive termination will remain in effect

12.5 Survival

The following sections survive termination: Sections 6 (Data Ownership), 7 (Intellectual Property), 10 (Disclaimers), 11 (Indemnification), 16 (Dispute Resolution), and 17 (General Provisions).

13. Modifications to the Service and Terms

13.1 Service Changes

We may modify, update, or discontinue any aspect of the Service at any time, including:

• Adding or removing features
• Changing how features work
• Adjusting usage limits
• Updating our AI models and algorithms

13.2 Terms Changes

We may update these Terms from time to time. When we make material changes:

• We will update the "Last Updated" date
• We will notify you via email or through the Service
• For significant changes, we may require you to accept the new Terms

Your continued use after changes become effective constitutes acceptance of the updated Terms.

14. Export Controls and Sanctions

The Service is subject to U.S. export control and sanctions laws. You represent that:

• You are not located in a country subject to U.S. embargo
• You are not on any U.S. government list of prohibited or restricted parties
• You will comply with all applicable export control and sanctions laws

15. Government Users

If you are a U.S. government entity, the Service is a "Commercial Item" as defined in FAR 2.101, and is provided with only those rights as are granted to all other users under these Terms.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution First

Before taking legal action, please contact us at hello@duckdive.ai or call (858) 780-4887. We'll work in good faith to resolve any issues.

16.2 Binding Arbitration

If we can't resolve a dispute informally, we agree to binding arbitration:

• Conducted by the American Arbitration Association (AAA)
• Held in San Diego, California or remotely
• Following AAA's Commercial Arbitration Rules
• Arbitrator's decision is final and binding

16.3 Individual Disputes Only

Disputes must be resolved individually—no class actions, consolidated actions, or representative actions.

16.4 Exceptions

Small claims court is okay. Either party can also seek injunctive relief for intellectual property issues.

17. General Provisions

17.1 Governing Law

These Terms are governed by the laws of California, United States, without regard to conflict of law principles.

17.2 Venue

If arbitration doesn't apply, you agree to the exclusive jurisdiction of courts located in San Diego County, California.

17.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DuckDive AI regarding the Service.

17.4 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full effect.

17.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

17.6 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

17.7 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet outages.

17.8 Notices

We'll send notices via email or through the DuckDive AI dashboard. Send notices to us at hello@duckdive.ai.

17.9 Relationship

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and DuckDive AI.

17.10 Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights.

18. Contact Information

19. Specific Terms for Google API Services

If you connect Google services (Google Analytics, Google Ads, Google Search Console, etc.) to DuckDive AI, the following additional terms apply:

19.1 Google API Services User Data Policy

DuckDive AI's use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.

19.2 Limited Use of Google Analytics Data

What We Access: DuckDive AI accesses only aggregated analytics reports from Google Analytics, Google Ads, and Google Search Console—the same data you can view in your Google dashboards.

What We Do With It:

• Display your marketing analytics within the DuckDive AI platform
• Generate insights, visualizations, and reports based on your analytics data
• Provide AI-powered answers to your marketing questions

What We DON'T Do:

• Collect data directly from your website or its visitors
• Transfer your Google analytics data to third parties
• Use your Google data for serving advertisements
• Use your data to train AI models
• Allow humans to read your data (except for support with your consent, or as required by law)

19.3 Read-Only Access

DuckDive AI requests read-only access to your Google Analytics data. We do not write, modify, or delete any data in your Google accounts.

19.4 Revoking Access

You may revoke DuckDive AI's access to your Google data at any time through:

• Your DuckDive AI account settings (disconnect data sources)
• Google's security settings page: https://myaccount.google.com/permissions

19.5 Google Terms of Service

Your use of Google services through DuckDive AI is also subject to Google's Terms of Service and Privacy Policy. Google Analytics, Google Ads, and Google Search Console are responsible for how they collect data from your website visitors—DuckDive AI only reads the reports they generate.

These Terms of Service are effective as of December 13, 2025. By using DuckDive AI, you acknowledge that you have read, understood, and agree to be bound by these Terms.