Terms of Service
Last updated: December 17, 2024
1. Acceptance of Terms
Welcome to SplitChameleon, a service provided by CraftedPath, LLC ("Company," "we," "us," or "our"). By accessing or using SplitChameleon's website, applications, and services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms").
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Eligibility: You must be at least 18 years old or the age of legal majority in your jurisdiction to use this Service.
2. Service Description
SplitChameleon is a visual A/B testing platform that enables you to:
- Create and manage A/B tests using a visual editor
- Modify website elements (text, colors, layouts) without coding
- Install a tracking script on your websites to run tests and measure conversions
- Analyze test results and visitor behavior
- Try the editor without creating an account (guest mode)
The Service uses a proxy system to load your website in our visual editor, allowing you to make changes visually. A small JavaScript snippet is installed on your website to deliver test variations to visitors and track conversions.
3. Account Terms
Registration: To access the full features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration.
Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.
Account Termination: We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or harmful activity.
4. Subscription & Billing
Free Trial: We offer a 14-day free trial with full access to the Service. No credit card is required to start your trial.
Subscription Plans: After your trial, continued use of the Service requires a paid subscription. Current pricing is available on our website.
Payment: Payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis.
Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
Refunds: All sales are final. We do not offer refunds for subscription fees. You may cancel your subscription at any time to prevent future charges, and you will retain access until the end of your current billing period.
Cancellation: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.
5. Acceptable Use
You agree not to use the Service to:
- Test websites you do not own or have explicit permission to test
- Distribute malware, viruses, or harmful code
- Engage in illegal activities or promote illegal content
- Infringe on intellectual property rights of others
- Collect personal data from visitors without proper disclosure
- Circumvent or attempt to circumvent security measures
- Overload, disable, or impair the Service through excessive requests
- Use automated bots or scripts to abuse the Service
- Resell or redistribute the Service without authorization
We reserve the right to investigate and take appropriate action against any violations, including removing content and terminating accounts.
6. Intellectual Property
Our Property: The Service, including its design, features, code, and documentation, is owned by CraftedPath, LLC and protected by intellectual property laws. You receive a limited, non-exclusive license to use the Service in accordance with these Terms.
Your Content: You retain all ownership rights to your websites, test configurations, and content. By using the Service, you grant us a limited license to access, process, and display your content as necessary to provide the Service.
Feedback: If you provide suggestions, ideas, or feedback about the Service, you grant us the right to use this feedback without compensation or attribution.
7. Customer Site Responsibilities
When using SplitChameleon to test your websites, you acknowledge and agree that:
- You own or have explicit permission to test the websites you add to the Service
- You are responsible for informing your website visitors that you conduct A/B testing
- Your own privacy policy should disclose the use of A/B testing and any related data collection
- You are solely responsible for ensuring your tests comply with applicable laws and regulations
- The tracking script collects visitor data as described in our Privacy Policy
SplitChameleon acts as a data processor on your behalf. You are the data controller and are responsible for obtaining any necessary consents from your visitors.
8. Data & Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
Data Retention: We retain your account data for the duration of your account plus 30 days after deletion. Visitor session data is retained for 90 days.
Data Export: You may request an export of your data by contacting us at [email protected].
9. Third-Party Services
The Service integrates with third-party services including:
- Stripe for payment processing
- Google and GitHub for optional social authentication
Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.
10. Disclaimers & Limitations
As-Is Service: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
No Guarantees: We do not guarantee that A/B tests will improve your conversion rates, that the Service will be uninterrupted or error-free, or that results will be accurate in all circumstances.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRAFTEDPATH, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Indemnification: You agree to indemnify and hold harmless CraftedPath, LLC from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.
11. Termination
By You: You may cancel your subscription and close your account at any time through your account settings.
By Us: We may suspend or terminate your access to the Service for violation of these Terms, non-payment, or any reason at our discretion with notice.
Effect of Termination: Upon termination, your access to the Service will cease, and your data will be deleted within 30 days. Any outstanding payment obligations survive termination.
12. Dispute Resolution
Governing Law: These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict of law principles.
Venue: Any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in Louisville, Kentucky.
Informal Resolution: Before filing any legal claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.
13. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date.
Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.
14. Contact Information
If you have questions about these Terms, please contact us:
Email:[email protected]
Company: CraftedPath, LLC
Louisville, Kentucky