Terms of Service.

Tacet analyzes your transactional data to produce a customer P&L, Forward CLV and related analytics, and, on your instruction under Section 2, runs marketing programs through the accounts you connect (the “Service”). Forward CLV is a forecast of what a customer will contribute over the next 12 months, after product cost and expected returns, in today’s dollars. The Service is offered as a free plan (“Customer P&L”) and a paid plan (“Managed Playbooks”).

Tacet grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes. You authorize Tacet to access the business systems you connect, and you warrant that you have the right to do so and that the data does not violate any law. Tacet’s access to your ecommerce platform is read-only. In your email marketing platform, Tacet writes scores and related properties to customer profiles and drafts the flows a program uses; every flow in that account is yours and runs under your control.

GO. Tacet may propose a program: lifecycle flows it drafts in your email platform and fills each night with the customers it selects. A program sends only after an administrator of your organization switches its flows on (“GO”). Tacet may also propose a one-off send (a “Play”), which is carried out only after an administrator approves it. Tacet personnel cannot give GO or an approval. Every send stays inside the sending rules shown to you in the Service, leaves out the customers held back as a comparison group, and leaves out customers without marketing consent in your connected platforms. Tacet does not change your prices, products or orders.

Your control, and the record. You may switch a program off, pause all Tacet actions, cancel an approved send before it goes out, and revoke Tacet’s access to any connected system, at any time. Tacet keeps a record of each GO and approval and of what was sent under it.

You own your data, including transactional records, customer lists and related business information (“Client Data”). You grant Tacet a limited license to process it only to provide the Service, to run the programs you have switched on, and to improve the Service using anonymized, aggregated data. Tacet does not sell Client Data, does not use identifiable Client Data for its own marketing, and does not contact your customers except under a program you have switched on, through your own accounts.

You are the controller of your customers’ personal data and Tacet is your processor, acting on your documented instructions. You are the sender of record for every message, and obtaining marketing consent is your responsibility; Tacet relies on the consent status in your connected platforms.

The Customer P&L is free. Managed Playbooks is billed, after its free period, at the price on our pricing page, on the customers scored on the last day of each month, and you may cancel at any time; the plan ends at the close of the current month and your statement stays free.

Tacet retains all rights in the Service, its software, models, methods and documentation. You may not reverse engineer, copy, resell or sublicense the Service. Analytics produced for you may be used inside your business, and not redistributed or resold without our written permission.

Each party treats the other’s non-public information as confidential. Tacet treats Client Data, revenue and margin information as confidential and discloses it only to provide the Service, to personnel bound by confidentiality, or as required by law. These obligations survive termination.

The Service produces estimates. Forward CLV and related outputs are not accounting, financial, legal or investment advice, and you are responsible for the business decisions you make with them, including each GO. 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. Tacet does not guarantee specific business outcomes.

To the maximum extent permitted by law, Tacet is not liable for indirect, incidental, special, consequential or punitive damages, including lost profits or business interruption, and Tacet’s total liability for any claim relating to the Service is limited to the fees you paid Tacet in the twelve months before the event giving rise to the claim.

You agree to indemnify Tacet against claims arising from your misuse of the Service, your breach of these Terms, or your unlawful provision of Client Data.

You may end your use of the Service at any time under your plan’s terms. Tacet may suspend or end your access if you materially breach these Terms. On termination your access ends, and your data is handled as the Privacy Policy and any services agreement set out.

These Terms are governed by the laws of the State of Delaware, and disputes are resolved in the state or federal courts located in Delaware. Tacet may update these Terms; the current version is always on this page with its date, and continued use after a change is acceptance of it.

Tacet, Inc.
8 The Green STE B, Dover, DE 19901
Email: legal@tacet.ai