Terms of Service

Effective date: May 5, 2026 · Last updated: June 8, 2026

These Terms of Service ("Terms") govern your access to and use of the Kavanah Analytics application, website, APIs, and related services (collectively, the "Service") provided by Kavanah Media, a Tennessee nonprofit corporation and Section 501(c)(3) tax-exempt organization ("Kavanah Media," "we," "us," or "our"). By creating an account, accessing, or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1. Eligibility and accounts

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at privacy@kavanahanalytics.com if you suspect unauthorized access. Your organization's administrator may manage roles, permissions, and access on your behalf.

2. License to use the Service

Subject to these Terms, Kavanah Media grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business and ministry purposes. This license does not include the right to resell the Service, to remove or alter our notices, or to use the Service to build a competing product.

3. Your content and connected data

"Customer Data" means information you submit to the Service or that we retrieve from the third-party accounts you connect (including Meta Pages, Ad Accounts, and Business Manager assets; YouTube channels; Google Analytics 4 properties; and Google Ads accounts). As between you and us, you retain all rights in your Customer Data. You grant Kavanah Media a worldwide, royalty-free license to host, copy, transmit, display, process, and create derived analytics from Customer Data solely for the purpose of providing, securing, supporting, and improving the Service for you, and as otherwise permitted by our Privacy Policy.

You represent that you have all rights, consents, and authorizations necessary to grant this license, and that your use of the Service complies with applicable laws and the terms of any connected third-party accounts.

4. Acceptable use

You agree not to:

• Reverse engineer, decompile, or attempt to extract source code from the Service, except to the extent permitted by law.
• Probe, scan, or test the vulnerability of the Service or breach security or authentication measures.
• Use the Service to transmit malware, spam, or unlawful content.
• Use the Service to harass, defame, or harm others, or to violate the privacy or rights of any person.
• Resell, sublicense, or share access with anyone outside your organization unless expressly permitted.
• Use automated means to access or scrape the Service in a way that exceeds documented API rate limits or burdens our infrastructure.
• Use the Service in a manner that violates the Meta Platform Terms, Developer Policies, the Google API Services User Data Policy, the YouTube Terms of Service, or any other third-party terms applicable to data you connect.

5. Third-party services and connected platforms

The Service integrates with third-party platforms, including Meta (Facebook, Instagram, and Business Manager) and Google (YouTube, Google Analytics, and Google Ads), at your direction. Use of those platforms is governed by their own terms and privacy policies. Kavanah Media is not responsible for the availability, accuracy, or behavior of third-party platforms, and we may modify or discontinue integrations at any time. Some platform-provided data may be subject to rate limits, deprecation, or other restrictions outside our control.

6. Fees and payment

Some features of the Service may require payment of fees. Where they apply, fees, billing terms, and refund eligibility will be set out in an order form, online checkout, or written agreement with your organization. Unless otherwise stated, fees are non-refundable, and you are responsible for taxes other than taxes on Kavanah Media's net income.

7. Confidentiality

Each party may disclose to the other non-public information designated as confidential or that a reasonable person would understand to be confidential. The receiving party will use confidential information only to perform under these Terms and will protect it using at least the same care it uses for its own confidential information of like kind, but no less than a reasonable standard of care.

8. Intellectual property

The Service, including all software, design, content, and trademarks, is owned by Kavanah Media or its licensors and is protected by intellectual property laws. Except for the limited license in Section 2, no rights are granted to you by implication, estoppel, or otherwise. "Kavanah Analytics" and "Kavanah Media" are trademarks of Kavanah Media. All other marks are the property of their respective owners.

9. Feedback

If you provide suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback into our products and services without obligation to you.

10. Suspension and termination

We may suspend or terminate your access to the Service if you breach these Terms, if your use poses a security or legal risk, or if required by law. You may stop using the Service at any time and may request deletion of your data as described in our Data Deletion Instructions. On termination, the rights and licenses granted to you under these Terms end immediately. Sections that by their nature should survive termination will survive (including Sections 3, 7, 8, 11, 12, 13, 14, and 16).

11. Disclaimers

The service is provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Kavanah Media does not warrant that the service will be uninterrupted, error-free, secure, or that any information presented through the service (including data sourced from third-party platforms) is accurate, complete, or current. Decisions made based on data presented in the service are your sole responsibility.

12. Limitation of liability

To the maximum extent permitted by law, Kavanah Media and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or relating to the service or these terms, even if advised of the possibility of such damages. Our aggregate liability for all claims arising out of or relating to these terms or the service will not exceed the greater of (a) the fees paid by you to Kavanah Media for the service in the 12 months preceding the event giving rise to the claim, or (b) one hundred United States dollars (US$100).

13. Indemnification

You will defend, indemnify, and hold harmless Kavanah Media from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service in breach of these Terms, (b) your Customer Data or the third-party accounts you connect, or (c) your violation of any law or third-party rights.

14. Governing law and disputes

These Terms are governed by the laws of the State of Tennessee, United States, without regard to its conflict-of-law principles. The exclusive venue for any dispute will be the state and federal courts located in Blount County, Tennessee, and each party consents to personal jurisdiction there. Where required by mandatory consumer-protection law, you may be entitled to bring a claim in your local jurisdiction.

15. Changes to these Terms

We may modify these Terms from time to time. If we make material changes, we will update the "Last updated" date and provide reasonable notice (for example, by email or in-app notice). Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.

16. General

• Entire agreement. These Terms, together with the Privacy Policy and any order form or written agreement between us, are the entire agreement between you and Kavanah Media regarding the Service.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.
• No waiver. A failure to enforce any right or provision will not be a waiver of that right.
• Force majeure. Neither party is liable for failure to perform due to causes beyond its reasonable control.
• Independent contractors. The parties are independent contractors; nothing in these Terms creates a partnership, agency, or employment relationship.

17. Contact

For questions about these Terms, please contact:

Kavanah Media (a Tennessee nonprofit corporation)
Maryville, Tennessee, USA
Email: privacy@kavanahanalytics.com
Web: kavanahanalytics.com/legal/terms