These Terms of Service ("Terms", "Agreement") constitute a legally binding contract between you, either as an individual user or as a representative acting on behalf of a company or other legal entity ("Customer", "you", or "your"), and Getretrograd, Inc., a Delaware corporation ("Getretrograd", "Company", "we", "us", or "our"), governing your access to and use of the Getretrograd data analytics platform, including all associated software, services, features, content, applications, and interfaces (collectively, the "Services"). Please read these Terms carefully before registering for an account, accessing, or using any portion of the Services.
1. Acceptance of Terms
By creating an account, clicking "I Agree," accessing the Services, or otherwise using any part of the Getretrograd platform, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, along with our Privacy Policy and Cookie Policy, each of which is incorporated herein by reference. If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms "Customer" and "you" shall refer to such entity. If you do not have such authority, or if you do not agree to all of the provisions of these Terms, you must not access or use the Services.
Your continued use of the Services following any modification to these Terms constitutes your acceptance of those changes. We reserve the right to update these Terms from time to time, and we will notify you of any material changes by posting notice on the platform or by sending email to the address associated with your account. It is your responsibility to review these Terms periodically and remain informed of any modifications.
If you are under the age of 18, or the age of majority in your jurisdiction, you may not use the Services without the consent of your parent or legal guardian. If you are a parent or legal guardian consenting to the use of the Services by a minor, you agree to be bound by these Terms on behalf of that minor and accept full responsibility for their use of the platform.
These Terms apply to all visitors, registered users, subscribers, trial users, and any other parties who interact with or access the Getretrograd platform in any capacity. Specific provisions of these Terms may apply only to certain categories of users or subscription tiers, as indicated in the relevant sections below.
2. Description of Services
Getretrograd operates a cloud-based, AI-powered data analytics Software-as-a-Service (SaaS) platform designed to help mid-market and enterprise organizations transform raw data into actionable intelligence. Our platform combines machine learning, natural language processing, and advanced statistical modeling to deliver a comprehensive suite of data analytics capabilities.
Core Platform Capabilities: The Getretrograd platform provides real-time and batch data ingestion pipelines that connect to a wide variety of data sources, including relational databases (PostgreSQL, MySQL, Microsoft SQL Server, Oracle), cloud data warehouses (Snowflake, BigQuery, Amazon Redshift, Azure Synapse), SaaS application APIs (Salesforce, HubSpot, Marketo, NetSuite, Shopify), file-based sources (CSV, Excel, JSON, Parquet), and streaming data sources (Apache Kafka, Amazon Kinesis).
AI-Powered Dashboards: Our intelligent dashboard layer enables users to construct dynamic, interactive visualizations without requiring knowledge of SQL or programming languages. The platform's AI engine automatically recommends chart types, identifies anomalies, and surfaces trends and correlations that may not be immediately apparent from raw data. Dashboards support real-time data refresh, scheduled snapshots, and drill-down capabilities across multiple dimensions and time horizons.
Predictive Modeling and Forecasting: Getretrograd includes an automated machine learning (AutoML) module that enables business analysts and data scientists alike to build, train, validate, and deploy predictive models on their own data. Supported model types include time-series forecasting, classification, regression, clustering, and anomaly detection. The platform handles feature engineering, hyperparameter tuning, and model selection automatically, with full transparency into model performance metrics and explanations.
Automated Reporting: The platform's reporting engine allows customers to schedule and distribute professional-quality reports across multiple channels, including email, Slack, Microsoft Teams, and PDF export. Reports can be templated, branded with company logos and color schemes, and personalized at the recipient level to deliver relevant data segments to the appropriate stakeholders. Automated alerts and threshold-based notifications ensure that teams are proactively informed when key metrics deviate from expected ranges.
Collaboration and Access Control: Getretrograd supports robust team collaboration features, including role-based access control (RBAC), shared workspaces, comment threads on dashboards and reports, version history for analytical assets, and audit logs for compliance purposes. Enterprise customers gain access to single sign-on (SSO) integrations, advanced directory sync, and custom data governance policies.
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will make reasonable efforts to inform customers of any significant changes that may affect their use of the platform.
3. Account Registration and Security
To access the Services, you must register for an account by providing accurate, complete, and current information as prompted by the registration form, including your full legal name, a valid business email address, the name of your organization, and other information as required. You agree to maintain and promptly update your account information to keep it accurate, complete, and current.
You are solely responsible for safeguarding the credentials associated with your Getretrograd account, including your password and any multi-factor authentication devices or codes. You agree to use a strong, unique password for your account and to enable two-factor authentication (2FA) where available. You must not share your account credentials with any other person, and you are responsible for all activities that occur under your account, whether or not authorized by you.
You agree to notify Getretrograd immediately at security@getretrograd.com upon becoming aware of any unauthorized use of your account, any breach or suspected breach of security, or any other activity that appears inconsistent with authorized use. Getretrograd will not be liable for any loss or damage arising from your failure to comply with the account security obligations described in this section.
Getretrograd reserves the right to disable, suspend, or terminate any user account at its discretion, including in cases where we believe that account credentials have been compromised, that prohibited activities have occurred, or that the account holder has violated these Terms. We may also require you to change your password or other credentials if we have reason to believe that account security has been compromised.
Each registered account corresponds to a single individual user, except where the applicable subscription plan explicitly permits multiple named users or seat-based access. You may not create accounts on behalf of third parties without their explicit consent, and you may not sell, transfer, or assign your account or any associated rights to any third party without our prior written consent.
For enterprise accounts managed by an organization's administrator, the organization is responsible for managing user access, provisioning and deprovisioning employee accounts in a timely manner, and ensuring that all users within the organization comply with these Terms. The organization's designated administrator(s) are responsible for maintaining accurate user records and revoking access for employees or contractors who no longer require it.
4. Subscription Plans and Billing
Access to the Services is provided on a subscription basis. Getretrograd offers several subscription tiers designed to meet the needs of organizations at different stages of growth and with varying analytical requirements. All pricing is denominated in United States Dollars (USD) and is subject to change as described in this section.
Starter Plan — $299 per month: The Starter plan is designed for small and growing teams that are beginning their data analytics journey. It includes access to core dashboard and reporting features, connectivity to up to five data source integrations, up to five named user seats, and storage for up to 50 GB of processed data. The Starter plan includes email-based customer support with response times within two business days and access to our self-service knowledge base and documentation library.
Growth Plan — $899 per month: The Growth plan is designed for scaling organizations that require advanced analytics capabilities and broader team collaboration. It includes all features of the Starter plan plus access to the full predictive modeling and AutoML module, up to twenty named user seats, connectivity to up to twenty data source integrations, up to 500 GB of processed data storage, custom branding for reports and dashboards, advanced RBAC, priority email and live chat support with response times within one business day, and API access for programmatic platform interactions.
Enterprise Plan — Custom Pricing: The Enterprise plan is designed for large organizations with complex data environments, strict compliance requirements, and a need for dedicated support and professional services. Enterprise pricing is customized based on the specific requirements of the organization, including the number of users, data volume, integrations, and support level. Enterprise features include all Growth plan capabilities plus single sign-on (SSO) via SAML 2.0 or OIDC, advanced data governance and audit logging, custom data retention policies, dedicated infrastructure options, a dedicated Customer Success Manager (CSM), SLA guarantees with uptime commitments, professional onboarding and training services, and custom contract terms. To inquire about Enterprise pricing, please contact our sales team at sales@getretrograd.com.
Annual vs. Monthly Billing: Subscription plans are available on both monthly and annual billing cycles. Monthly subscriptions are billed at the end of each calendar month for the following month's service. Annual subscriptions are billed upfront for the full twelve-month period and receive a discount equivalent to two months of service at no charge (representing approximately a 16.7% savings compared to the equivalent monthly rate). Annual subscriptions are non-refundable except as expressly stated in these Terms or as required by applicable law.
14-Day Free Trial: New customers are eligible for a fourteen (14) day free trial of the Getretrograd platform. No credit card is required to begin the trial period. During the trial, you will have access to the features and limitations of the Growth plan so that you can fully evaluate the platform's capabilities before committing to a paid subscription. At the end of the trial period, your account will be downgraded to a read-only state unless you have provided valid payment information and selected a subscription plan. Getretrograd reserves the right to modify or discontinue the free trial offer at any time. Only one free trial is permitted per individual and per organization.
Payment Terms: By subscribing to any paid plan, you authorize Getretrograd or its designated payment processor (currently Stripe, Inc.) to charge your designated payment method for the applicable subscription fees. All charges are made in advance of the service period. You are responsible for maintaining a valid payment method on file and for ensuring that your billing information remains current and accurate. If a payment fails, we will notify you and attempt to process the charge again. After three (3) failed payment attempts, your account may be suspended until valid payment information is provided and outstanding balances are settled.
Taxes: All subscription fees are exclusive of applicable taxes, levies, duties, or similar governmental assessments, including value-added tax (VAT), goods and services tax (GST), sales tax, or withholding tax, which are your responsibility. If Getretrograd is required to collect or remit any such taxes on your behalf, they will be invoiced to you in addition to the subscription fees.
Refund Policy: Monthly subscriptions are not eligible for prorated refunds if you cancel mid-cycle. If you cancel a monthly subscription, you will retain access to the Services until the end of the current billing period. Annual subscriptions are generally non-refundable; however, if you cancel within the first thirty (30) days of an annual subscription period, you may request a prorated refund for the unused portion of the year. Refund requests must be submitted to billing@getretrograd.com and are subject to review and approval at Getretrograd's discretion.
Plan Upgrades and Downgrades: You may upgrade your subscription plan at any time, and the new rate will take effect immediately. If you upgrade mid-cycle on a monthly plan, you will be charged a prorated amount for the remainder of the current period. You may downgrade your plan at the end of the current billing period by notifying us before the renewal date. Downgrades that result in usage exceeding the limits of the new plan (e.g., more users or data sources than the lower plan allows) will require you to bring your usage into compliance before the downgrade becomes effective.
5. Acceptable Use Policy
Your use of the Getretrograd platform is subject to this Acceptable Use Policy. By accessing or using the Services, you agree that you will not engage in any of the activities described below, and that you are responsible for ensuring that all users within your organization who access the platform through your account are aware of and comply with these restrictions.
Prohibited Activities: You must not use the Services to: (a) violate any applicable local, state, national, or international law or regulation; (b) infringe or misappropriate any intellectual property rights of Getretrograd or any third party; (c) transmit, store, or process any data that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable; (d) impersonate any person or entity or falsely represent your affiliation with a person or entity; (e) attempt to gain unauthorized access to any systems, networks, or data associated with the platform or any third-party systems connected to it; (f) interfere with or disrupt the integrity, performance, or availability of the Services or the servers and networks used to provide them; (g) introduce any viruses, worms, Trojan horses, ransomware, spyware, or other malicious or harmful code into the platform; (h) conduct any automated scraping, crawling, or data extraction activities against the platform beyond what is expressly permitted by the documented API; (i) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or methods underlying the platform; (j) use the Services to develop or support any competing product or service; (k) sublicense, resell, or otherwise provide access to the Services to any third party except as expressly permitted under your subscription plan; (l) engage in any activity that imposes an unreasonable or disproportionately large load on the platform infrastructure; or (m) use the Services in any manner that could damage the reputation of Getretrograd or its affiliates.
Data Usage Restrictions: You agree that you will not upload, submit, or process through the Services any data that: (a) you do not have the legal right to use, process, or share; (b) contains personally identifiable information (PII) of individuals who have not provided their informed consent for such processing; (c) constitutes protected health information (PHI) under HIPAA unless you have entered into a separate Business Associate Agreement (BAA) with Getretrograd; (d) is subject to export control laws or regulations that would prohibit its processing on the platform; (e) is classified or subject to government confidentiality requirements beyond what Getretrograd's security posture can support; or (f) contains sensitive financial data, including payment card data subject to PCI DSS requirements, unless expressly authorized under your Enterprise plan terms.
Content Standards: All data and content submitted to the platform must comply with applicable laws and regulations. You are solely responsible for the legality, accuracy, reliability, and appropriateness of all data you input into or process through the Services. Getretrograd does not review or validate the content of customer data and bears no responsibility for the accuracy or completeness of analytical outputs derived from data you provide.
Getretrograd reserves the right to investigate any suspected violation of this Acceptable Use Policy and to take appropriate action, including suspension or termination of your account, removal of offending content, and cooperation with law enforcement authorities where required.
6. Intellectual Property Rights
Getretrograd Intellectual Property: The Getretrograd platform, including all software, source code, object code, algorithms, models, user interfaces, designs, graphics, text, documentation, trademarks, service marks, logos, and other content and materials made available through the Services, is and remains the exclusive property of Getretrograd, Inc. and its licensors. These materials are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms shall be construed as granting you any ownership interest in or license to Getretrograd's intellectual property except as expressly provided herein.
License Grant to Customer: Subject to your compliance with these Terms and the timely payment of all applicable subscription fees, Getretrograd grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes during the subscription term. This license does not include the right to copy, modify, adapt, translate, create derivative works from, distribute, publicly display or perform, or otherwise exploit any portion of the platform or its underlying technology.
Customer Data Ownership: You retain full ownership of all data, information, and content that you upload, submit, or otherwise provide to the platform ("Customer Data"). By using the Services, you grant Getretrograd a limited, non-exclusive, worldwide, royalty-free license to access, process, store, transmit, and use your Customer Data solely as necessary to provide and maintain the Services, to comply with applicable legal obligations, and to protect the integrity and security of the platform. This license terminates upon the deletion of your Customer Data from our systems following account termination, subject to our data retention policies.
Feedback and Suggestions: If you provide Getretrograd with any feedback, suggestions, ideas, or other input regarding the Services ("Feedback"), you hereby grant Getretrograd a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and otherwise exploit such Feedback in any manner without restriction or compensation to you. You represent that you have the right to provide such Feedback and that doing so does not violate any third-party rights.
Aggregated and Anonymized Data: Getretrograd may compile and use aggregated, anonymized, and de-identified data derived from Customer Data and platform usage for purposes including improving the Services, developing new features, conducting research, and publishing industry benchmarks and reports. Such aggregated data will not identify you or your organization and will not be used in any manner that would allow the identification of any individual or customer.
Third-Party Components: The Services may incorporate open-source software components or third-party libraries. Such components are governed by their respective open-source licenses, and you agree to comply with the terms of those licenses to the extent they apply to your use of the Services. A list of material third-party components and their applicable licenses is available upon request.
7. Data Processing and Security
Security Standards: Getretrograd maintains a comprehensive information security program designed to protect the confidentiality, integrity, and availability of Customer Data. Our security posture is designed to meet the requirements of SOC 2 Type II certification, which means our controls are independently audited on an annual basis by an accredited third-party auditor. Our SOC 2 Type II report is available to Enterprise customers under NDA upon request.
Infrastructure Security: The Getretrograd platform is hosted on Amazon Web Services (AWS) infrastructure in the United States. We utilize industry-standard encryption for data in transit (TLS 1.2 or higher) and data at rest (AES-256). Our infrastructure is deployed across multiple availability zones to ensure high availability and resilience. We maintain comprehensive backup procedures, with automated daily backups retained for a minimum of 30 days.
Access Controls: Access to Customer Data within Getretrograd's internal systems is restricted to authorized personnel on a need-to-know basis. We maintain detailed access logs and conduct periodic access reviews. All Getretrograd employees with access to production systems undergo background checks and security training prior to being granted access.
GDPR Compliance: Getretrograd is committed to compliance with the General Data Protection Regulation (GDPR) for customers operating in or processing the personal data of individuals located in the European Economic Area (EEA). We act as a data processor with respect to personal data contained within Customer Data, and you act as the data controller. We provide a Data Processing Addendum (DPA) that incorporates the Standard Contractual Clauses (SCCs) approved by the European Commission for international data transfers. Enterprise and Growth customers may request our DPA by contacting privacy@getretrograd.com.
CCPA Compliance: For customers subject to the California Consumer Privacy Act (CCPA), Getretrograd acts as a service provider as defined under the CCPA. We process Customer Data only as instructed by you and as necessary to provide the Services, and we do not sell your Customer Data to third parties.
Data Retention: Customer Data is retained on the platform for the duration of your active subscription. Upon termination of your account, whether voluntary or involuntary, you have thirty (30) days to export your data using the platform's export tools. After this period, Customer Data will be deleted from our active systems within sixty (60) days, and from backup systems within one hundred eighty (180) days thereafter. Getretrograd may retain certain data for longer periods where required by applicable law or regulation, or where necessary to resolve disputes and enforce our agreements.
Security Incident Response: In the event of a confirmed security incident affecting your Customer Data, Getretrograd will notify you within seventy-two (72) hours of discovery in accordance with applicable breach notification laws. We maintain a documented incident response plan and conduct regular tabletop exercises to ensure our team is prepared to respond effectively to security events.
Subprocessors: Getretrograd engages a limited number of trusted third-party subprocessors to assist in providing the Services, including cloud infrastructure providers, payment processors, and customer support tools. A current list of our subprocessors is available at getretrograd.com/legal/subprocessors. We will notify Enterprise customers of any material changes to our subprocessor list and provide an opportunity to object before any new subprocessor is engaged.
8. Warranties and Disclaimers
Platform Availability: Getretrograd will use commercially reasonable efforts to make the Services available 99.5% of the time in any given calendar month, excluding scheduled maintenance windows. We will provide advance notice of scheduled maintenance via the platform dashboard and by email where practicable. Scheduled maintenance windows are excluded from uptime calculations. For Enterprise plan customers, uptime commitments and service level agreements are governed by the applicable Enterprise Agreement.
Disclaimer of Warranties: EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GETRETROGRAD AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
GETRETROGRAD DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES, INCLUDING PREDICTIVE MODEL OUTPUTS, FORECASTS, OR ANALYTICAL INSIGHTS, WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR ANY PARTICULAR BUSINESS DECISION; (D) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE SERVICES OR ANY SERVER OR NETWORK INFRASTRUCTURE THROUGH WHICH THE SERVICES ARE MADE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT ANALYTICAL OUTPUTS, FORECASTS, AND RECOMMENDATIONS GENERATED BY THE PLATFORM ARE BASED ON STATISTICAL MODELS AND ALGORITHMS THAT MAY CONTAIN ERRORS OR LIMITATIONS. ALL BUSINESS DECISIONS MADE IN RELIANCE ON PLATFORM OUTPUTS ARE MADE AT YOUR OWN RISK, AND GETRETROGRAD EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONSEQUENCES OF SUCH DECISIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, GETRETROGRAD'S WARRANTIES ARE LIMITED TO THE MINIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GETRETROGRAD, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF GETRETROGRAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).
IN NO EVENT WILL GETRETROGRAD'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO GETRETROGRAD FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100).
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GETRETROGRAD. GETRETROGRAD WOULD NOT BE ABLE TO PROVIDE THE SERVICES AT THE PRICES DESCRIBED HEREIN WITHOUT THESE LIMITATIONS.
10. Indemnification
You agree to defend, indemnify, and hold harmless Getretrograd, its parent company, subsidiaries, affiliates, and their respective officers, directors, employees, agents, contractors, licensors, successors, and assigns (collectively, "Getretrograd Parties") from and against any and all claims, demands, lawsuits, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or related to: (a) your access to or use of the Services; (b) your Customer Data, including any claim that your Customer Data infringes or misappropriates the intellectual property rights or privacy rights of any third party; (c) your violation of any provision of these Terms; (d) your violation of any applicable law, regulation, or third-party right; (e) your breach of any representation or warranty made in these Terms; (f) any actual or alleged unauthorized use of the Services through your account; or (g) any negligence or willful misconduct by you or your users.
Getretrograd reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense of such matter. You agree not to settle any such matter without the prior written consent of Getretrograd. Getretrograd will use commercially reasonable efforts to notify you of any claim, action, or proceeding subject to indemnification promptly after becoming aware of it; however, any failure to provide timely notice shall not relieve your indemnification obligation except to the extent that you are materially prejudiced by such failure.
11. Term and Termination
Term: These Terms commence on the date you first access the Services and continue for the duration of your subscription or trial period, and thereafter for so long as you continue to use or access the Services ("Term").
Termination by You: You may terminate your subscription at any time by providing written notice to Getretrograd through the account settings dashboard or by contacting our support team. Termination will take effect at the end of the current billing period for monthly subscriptions. For annual subscriptions, termination takes effect at the end of the current annual term unless you are eligible for a refund under the refund policy described in Section 4.
Termination by Getretrograd: Getretrograd may terminate or suspend your access to the Services immediately and without prior notice if: (a) you breach any material provision of these Terms and fail to cure such breach within fifteen (15) days of receiving written notice from us; (b) you fail to pay any fees when due and such failure continues for more than ten (10) days following written notice; (c) you become insolvent or file for bankruptcy protection; (d) Getretrograd is required to do so by applicable law or regulation; or (e) we discontinue providing the Services. Getretrograd may also terminate or suspend your account without cause upon thirty (30) days' written notice.
Effect of Termination: Upon termination of these Terms for any reason: (a) your license to use the Services will immediately cease; (b) all outstanding payment obligations will become immediately due and payable; (c) you will have thirty (30) days to export your Customer Data; (d) Getretrograd will delete your Customer Data in accordance with our data retention policy; and (e) all provisions of these Terms that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.
12. Governing Law and Jurisdiction
These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law that would require the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.
Subject to the arbitration provisions set forth in Section 13, you and Getretrograd agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in San Francisco County, California for the resolution of any dispute or claim arising out of or related to these Terms or the Services that is not subject to arbitration. You hereby waive any objection to the exercise of such jurisdiction and venue over you by such courts on the basis of inconvenient forum or otherwise.
Getretrograd's principal place of business is located at 548 Market Street, Suite 2800, San Francisco, California 94104. All notices, requests, and other communications required or permitted under these Terms must be in writing and delivered to the addresses specified in Section 15 of these Terms.
13. Dispute Resolution
Informal Resolution: Before initiating any formal dispute resolution procedure, you agree to contact Getretrograd in writing at legal@getretrograd.com describing the nature of your dispute and the relief you are seeking. Getretrograd will similarly contact you at the email address associated with your account. Both parties agree to make good-faith efforts to resolve the dispute informally within thirty (30) days of such initial notice. If the dispute is not resolved within this period, either party may pursue formal dispute resolution as described below.
Binding Arbitration: EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT AND EXCEPT FOR INTELLECTUAL PROPERTY DISPUTES OR INJUNCTIVE RELIEF CLAIMS, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. This means you and Getretrograd are waiving the right to a trial by jury.
Arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (or, if applicable, JAMS' Streamlined Arbitration Rules) and conducted before a single, neutral arbitrator. The arbitration shall take place in San Francisco, California, unless the parties mutually agree to conduct it by telephonic or video conference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party, unless the arbitrator determines that such an award would be unjust or inequitable.
Class Action Waiver: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND GETRETROGRAD AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator shall have no authority to consolidate more than one person's claims or to preside over any form of representative or class proceeding.
Exceptions: Notwithstanding the foregoing, either party may seek emergency injunctive or other provisional relief in any court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Claims involving the infringement or misappropriation of intellectual property rights may be brought in any court of competent jurisdiction.
14. Modifications to Terms
Getretrograd reserves the right to modify, update, or revise these Terms at any time at its sole discretion. We will provide notice of any material modifications by: (a) posting the revised Terms on our website with a new "Effective Date" at the top of the document; (b) displaying a prominent notice within the platform dashboard; and/or (c) sending an email notification to the address associated with your account.
Minor, non-material modifications (such as typographical corrections, reformatting, or clarifications that do not change the substantive meaning of any provision) may be made without specific notice. For material changes that adversely affect your rights or obligations under these Terms, we will provide at least thirty (30) days' advance notice where practicable.
Your continued use of the Services after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to any modification, you must cease using the Services and may terminate your subscription in accordance with Section 11. Archived versions of these Terms are available upon written request to legal@getretrograd.com.
No modification of these Terms by you shall be effective unless agreed to in writing by an authorized officer of Getretrograd. Course of dealing, prior versions of these Terms, or other written communications shall not be construed as modifying the then-current Terms except as expressly stated in a duly authorized written amendment.
15. General Provisions
Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, any applicable Order Form, Data Processing Addendum, and any Enterprise Agreement, constitute the entire agreement between you and Getretrograd with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings between the parties, whether written or oral.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
Waiver: No failure or delay by Getretrograd in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. A waiver of any provision of these Terms must be in writing and signed by an authorized representative of Getretrograd to be effective.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without Getretrograd's prior written consent. Getretrograd may freely assign these Terms and its rights and obligations hereunder in connection with a merger, acquisition, sale of assets, or other corporate reorganization without your consent, subject to the transferee assuming all obligations under these Terms.
Force Majeure: Getretrograd shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, pandemics, government actions, internet or telecommunications outages, denial-of-service attacks, or other force majeure events, provided that Getretrograd makes reasonable efforts to resume performance as soon as practicable.
Relationship of the Parties: The parties are independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between the parties.
16. Contact Information
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us using the information below. We are committed to responding to all legal and compliance inquiries within five (5) business days.
Getretrograd, Inc.
Legal Department
548 Market Street, Suite 2800
San Francisco, California 94104
United States
Email: legal@getretrograd.com
Billing Inquiries: billing@getretrograd.com
Privacy Inquiries: privacy@getretrograd.com
Security Inquiries: security@getretrograd.com
For technical support and general platform questions, please visit our Help Center at help.getretrograd.com or contact our support team at support@getretrograd.com.
These Terms of Service were last updated on January 1, 2025. Please check this page periodically for the most current version.