TERMS OF SERVICE
Last Updated: May 26, 2026 | Effective Date: January 1, 2026
These Terms of Service (the “Terms”) are a binding legal agreement between Pivotal OS, Inc., a Delaware corporation (“Pivotal,” “we,” “us,” or “our”), and the business entity that registers for, accesses, or uses the Service (“Customer,” “you,” or “your”). These Terms govern your access to and use of Pivotal’s self-service Google Ads automation platform, related landing-page hosting, call-tracking features, dashboards, websites, and all associated software and services (collectively, the “Service”).
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I AGREE,” CREATING AN ACCOUNT, OR ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
SECTION 14 CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW IT CAREFULLY.
1. Eligibility, Accounts, and Authority
1.1 Business Use Only.
The Service is offered solely to businesses and the individuals who use it on their behalf. The Service is not directed to consumers and is not intended for personal, family, or household use. By using the Service, you represent that you are accessing it in connection with a trade, business, or profession.
1.2 Authority to Bind.
If you accept these Terms on behalf of a treatment facility, agency, company, or other entity, you represent and warrant that you have full legal authority to bind that entity to these Terms. In that case, “Customer,” “you,” and “your” refer to that entity. If you do not have such authority, you must not accept these Terms or use the Service.
1.3 Account Registration.
To use the Service you must create an account and provide accurate, current, and complete information. The individual who registers the account is designated the “Owner” and has full administrative control, including the ability to invite or remove users and manage payment methods. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you.
1.4 User Roles.
The Service supports multiple user roles (such as Owner, Editor, and Viewer) with differing permission levels. You are solely responsible for assigning roles appropriately and for the actions of all users you grant access. Only the Owner may edit payment methods. You agree to notify us promptly of any unauthorized access to or use of your account.
2. Description of the Service
2.1 Overview.
Pivotal is a subscription-based, self-service platform that automates the creation, management, and optimization of Google Ads campaigns for substance use disorder (SUD) treatment providers and other eligible businesses. The Service may include campaign automation, proprietary targeting and negative-keyword frameworks, landing-page generation and hosting, call-tracking integration, analytics dashboards, and related features.
2.2 Pivotal Manages Campaigns; No Direct Account Access.
You acknowledge and agree that all advertising campaigns created through the Service are created and operated within Google Ads accounts that are owned, controlled, and managed by Pivotal under Pivotal’s manager (MCC) account. You will not receive, and are not entitled to, direct access to, login credentials for, or administrative control over any Google Ads account, campaign, ad group, keyword set, or campaign-level setting used to deliver your advertising.
By using the Service, you delegate to Pivotal full discretion and authority to create, structure, name, modify, pause, optimize, aggregate, and delete campaigns, ad groups, keywords, bids, budgets (subject to the maximum you set), targeting parameters, and ad copy on your behalf. Pivotal determines how campaign data is named, grouped, aggregated, and displayed to you, and you will not have visibility into Pivotal’s proprietary targeting methodology, campaign structure, or individual campaign-level data.
2.3 Performance Is Not Guaranteed.
Advertising results depend on numerous factors outside Pivotal’s control, including market conditions, competition, your budget, your facility’s offerings, the quality of your intake and follow-up, and the policies and algorithms of third-party platforms. Pivotal makes no representation, warranty, or guarantee regarding ad performance, impressions, clicks, calls, leads, conversions, admissions, cost-per-result, return on ad spend, or any other outcome. Any examples, benchmarks, projections, or historical figures are illustrative only and are not promises of future results.
2.4 Service Changes.
Pivotal may modify, enhance, suspend, or discontinue any feature or component of the Service at any time. We will use commercially reasonable efforts to notify you of material changes that adversely affect your use in a significant way.
3. Third-Party Platforms, Certifications, and Dependencies
3.1 Reliance on Third Parties.
The Service depends on third-party platforms and providers, including without limitation Google Ads and Google Billing, CallTrackingMetrics, Stripe, LegitScript, and domain and hosting providers (collectively, “Third-Party Services”). Your use of the Service is subject to the applicable terms, policies, and acceptable-use requirements of those Third-Party Services, including the Google Ads policies for the addiction treatment and recovery industry. You are responsible for reviewing and complying with those terms and policies.
3.2 LegitScript Certification.
Advertising for SUD treatment services through Google Ads in the United States generally requires LegitScript certification. You are responsible for obtaining and maintaining valid LegitScript certification. Pivotal may facilitate or assist with the certification process but does not grant, control, or guarantee certification, and campaigns cannot and will not launch until required certification and verifications are confirmed.
3.3 Advertiser Verification.
Google may require advertiser identity verification (for example, submission of a Form W-9 or other documentation). You agree to provide accurate and complete information and documentation promptly upon request so that Pivotal may complete required verifications on your behalf. Delays or failures in verification may delay or prevent campaign delivery, and Pivotal is not responsible for any resulting loss.
3.4 No Liability for Third-Party Decisions.
Pivotal does not control and is not responsible for the acts, omissions, decisions, outages, suspensions, disapprovals, account terminations, fee changes, or policy changes of any Third-Party Service. Without limitation, Pivotal is not liable for any decision by Google to disapprove ads, suspend or terminate an account, or change its policies, or for any decision by LegitScript regarding certification. If a Third-Party Service modifies, restricts, or discontinues access to its platform or APIs, Pivotal may modify or suspend the affected features without liability.
4. Customer Responsibilities and Acceptable Use
4.1 Lawful, Accurate Information.
You are solely responsible for the accuracy, legality, and appropriateness of all information you provide, including facility details, levels of care, licensing and accreditation claims, certifications, amenities, insurance acceptance, contact numbers, and brand assets. You represent and warrant that all such information is truthful, not misleading, and that you hold all licenses, accreditations, and certifications you represent that you hold.
4.2 Compliance with Laws.
You are responsible for complying with all laws, rules, and regulations applicable to your business and to your advertising, including without limitation those governing healthcare marketing, patient brokering and anti-kickback (such as the Eliminating Kickbacks in Recovery Act), telemarketing and call recording (including any required consent to record calls), consumer protection, and truth-in-advertising. You are responsible for any disclosures or consents required in connection with calls placed to tracking numbers.
4.3 Prohibited Conduct.
You agree not to, and not to permit any third party to:
- use the Service for any unlawful, deceptive, fraudulent, or harmful purpose, or to advertise services you are not licensed or certified to provide;
- misrepresent your identity, your facility, your affiliations, or the services you offer;
- attempt to gain unauthorized access to the Service, the underlying Google Ads or call-tracking accounts, or any other accounts, systems, or data;
- reverse engineer, decompile, scrape, or attempt to derive Pivotal’s proprietary frameworks, targeting methodology, campaign structures, or source code;
- interfere with or disrupt the integrity or performance of the Service, or circumvent any usage limits, security, or access controls;
- resell, sublicense, or provide the Service to third parties except as expressly permitted under Section 12 (Agency Partners); or
- use the Service in any manner that violates the policies of any Third-Party Service.
4.4 Landing Pages and Domain Configuration.
Landing pages generated through the Service are hosted on Pivotal’s servers, and you will point a subdomain to Pivotal’s servers using a CNAME record. You are responsible for properly configuring and maintaining your DNS records and for your domain registration. You acknowledge that you cannot directly edit the code, structure, or copy of hosted landing pages, and that factual updates are made through your account settings or by request to Pivotal. You are responsible for the accuracy of the underlying facility information that populates those pages.
4.5 Suspension for Cause.
Pivotal may suspend or limit your access to the Service immediately, with or without notice, if we reasonably believe that (a) your use poses a security, legal, or reputational risk to Pivotal or others; (b) you have violated these Terms or any Third-Party Service policy; (c) payment is overdue; or (d) suspension is required to comply with law or a Third-Party Service requirement.
5. Fees, Ad Spend, and Payment
5.1 Subscription Fee.
You agree to pay the recurring subscription fee for the Service (the “Subscription Fee”) based on the plan and tier you select. Current Subscription Fee pricing and plan tiers are available at Pivotal’s pricing page, located at pivotalos.com/pricing [confirm URL], which is incorporated into these Terms by reference. Unless stated otherwise, the Subscription Fee is billed monthly in advance through our payment processor, Stripe. Pivotal may update Subscription Fee pricing in accordance with Section 5.8.
5.2 Transaction Fee.
In addition to the Subscription Fee, you agree to pay a transaction fee equal to three percent (3%) of your advertising spend (the “Transaction Fee”). The Transaction Fee is charged each time Google Ads bills your payment method for advertising spend, and is calculated as three percent (3%) of the corresponding amount charged by Google. You authorize Pivotal to charge the Transaction Fee to your payment method on file contemporaneously with each such Google Ads billing event. The Transaction Fee rate is a fixed, agreed term of these Terms and will not change unless these Terms are amended in accordance with Section 15.1; it is not subject to change through Pivotal’s pricing page.
5.3 Ad Spend Is Billed by Google.
Your advertising spend is billed directly to your payment method by Google Ads in accordance with Google’s own terms of service. Ad spend is not a fee paid to Pivotal, is not collected or held by Pivotal, and is not refundable by Pivotal. You are solely responsible for all advertising charges incurred through Google Ads, including any charges that continue to accrue until campaigns are paused or stopped. Disputes regarding advertising charges are subject to Google’s terms and dispute processes.
5.4 Payment Authorization.
You authorize Pivotal and its payment processor to (a) store your payment credentials; (b) charge the Subscription Fee and Transaction Fee to your payment method; and (c) associate your payment credentials with a Google Billing account established for the delivery of your advertising. You represent that you are authorized to use the payment method you provide. Pivotal does not directly access, store, or transmit full payment card numbers; payment processing is handled by Stripe and Google.
5.5 Failed Payments.
If a charge is declined or fails, Pivotal may retry the charge, suspend the Service, and/or pause your campaigns until payment is resolved. You remain responsible for all amounts owed. You agree to keep a valid payment method on file at all times while your account is active.
5.6 Taxes.
Fees are exclusive of taxes. You are responsible for all sales, use, value-added, and similar taxes associated with your purchase, excluding taxes based on Pivotal’s net income.
5.7 No Partial Refunds.
All fees are non-refundable except as expressly required by law. Pivotal does not provide partial or prorated refunds for the Subscription Fee, the Transaction Fee, or any unused portion of a billing period, including upon cancellation, suspension, or termination.
5.8 Subscription Fee Changes.
Pivotal may change the Subscription Fee or introduce, modify, or retire plan tiers on a going-forward basis by updating its pricing page and providing advance notice (including by email or notification within the Service) of at least thirty (30) days. The change will take effect at your next billing cycle following the notice period. Your continued use of the Service after the change takes effect constitutes acceptance of the new Subscription Fee. This Section does not apply to the Transaction Fee, which may be changed only by amendment of these Terms under Section 15.1.
6. Term, Cancellation, and Termination
6.1 Month-to-Month Term.
The Service is provided on a month-to-month basis. Your subscription automatically renews each month until cancelled in accordance with these Terms. There is no long-term minimum commitment unless you separately agree to one in writing.
6.2 Cancellation by You.
You may cancel your subscription at any time through your account or by contacting Pivotal as instructed in the Service. Cancellation takes effect at the end of the then-current billing period. You will not receive a refund for the current billing period, and you remain responsible for any advertising spend and Transaction Fees incurred through the date your campaigns are paused or stopped.
6.3 Termination by Pivotal.
Pivotal may terminate these Terms or your access to the Service (a) for convenience on reasonable prior notice, or (b) immediately for cause, including any material breach of these Terms, nonpayment, or conduct described in Section 4.5.
6.4 Effect of Termination.
Upon termination or cancellation, your right to access and use the Service ends, your campaigns will be paused or stopped, and hosted landing pages may be deactivated. Because Pivotal owns and controls the Google Ads accounts, campaigns, and campaign structures, you will not retain or receive ownership of, or access to, those accounts, campaigns, or any associated campaign assets or historical campaign data upon termination. Provisions that by their nature should survive termination will survive, including Sections 5, 7, 8, 9, 10, 11, 13, 14, 15, and 16.
6.5 Data on Termination.
You may request an export of your available account-level reporting data prior to termination using the export features within the Service. Following termination, Pivotal may delete or retain data in accordance with its data retention practices and applicable law.
7. Intellectual Property and Data
7.1 Pivotal IP.
As between the parties, Pivotal owns and retains all right, title, and interest in and to the Service, including all software, platforms, dashboards, campaign frameworks, targeting and negative-keyword methodologies, landing-page templates, and all related intellectual property, together with all improvements and derivative works. No rights are granted to you except the limited license expressly set forth in these Terms. The Google Ads accounts, campaigns, ad groups, and campaign structures created and operated through the Service are owned and controlled by Pivotal.
7.2 Limited License to You.
Subject to your compliance with these Terms and payment of all fees, Pivotal grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during the term.
7.3 Customer Content.
“Customer Content” means the information, materials, and brand assets you provide, such as your logo, images, facility details, and contact information. You retain ownership of Customer Content. You grant Pivotal a worldwide, non-exclusive, royalty-free license to host, copy, display, modify (for formatting and display), and use Customer Content as necessary to provide and improve the Service, including to generate and host your landing pages and to create and operate your campaigns.
7.4 Customer Content Warranty.
You represent and warrant that you own or have all necessary rights to the Customer Content and that Pivotal’s use of it as contemplated by these Terms will not infringe or violate the rights of any third party or any law.
7.5 Aggregated and Usage Data.
Pivotal may collect and use technical, performance, and usage data, and may create de-identified and aggregated data derived from your use of the Service. Pivotal owns such aggregated and de-identified data and may use it for any lawful purpose, including to operate, analyze, improve, and develop the Service, provided it does not identify you.
7.6 Feedback.
If you provide suggestions or feedback about the Service, Pivotal may use it without restriction or obligation to you.
8. Data, Privacy, and Healthcare Compliance
8.1 Privacy Policy.
Pivotal’s collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.
8.2 No Protected Health Information; Not a Business Associate.
The Service is a marketing and advertising tool. It is intended to process marketing, advertising, and prospective-lead information only. Pivotal is not a “business associate” of any Customer for purposes of the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”), and these Terms do not constitute a business associate agreement.
You agree that you will not submit, transmit, store, or make available through the Service any protected health information (as defined under HIPAA) or other patient medical records, treatment records, or clinical information. You are solely responsible for ensuring that any information you or prospective leads provide through the Service (including call recordings, form submissions, and intake inquiries) does not include protected health information and is handled by you in compliance with applicable law. If you require a HIPAA-compliant arrangement for any data flow, you must not use the Service for that purpose absent a separate written agreement signed by Pivotal.
8.3 Call Tracking and Recording.
If you use call-tracking features, you acknowledge that call metadata and, where enabled, call recordings may be collected through a third-party call-tracking provider. You are solely responsible for providing any notices and obtaining any consents required by applicable federal and state law for the recording or monitoring of calls.
8.4 Security.
Pivotal implements commercially reasonable administrative, technical, and physical safeguards designed to protect data within the Service. However, no method of transmission or storage is completely secure, and Pivotal does not guarantee absolute security.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIVOTAL DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, PIVOTAL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE WILL ACHIEVE ANY PARTICULAR ADVERTISING, MARKETING, OR BUSINESS RESULT. PIVOTAL IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OR DECISIONS OF ANY THIRD-PARTY SERVICE, INCLUDING GOOGLE AND LEGITSCRIPT.
ANY UPTIME, REFRESH-RATE, OR PERFORMANCE FIGURES DESCRIBED IN PRODUCT MATERIALS ARE TARGETS AND NOT COMMITMENTS, AND DO NOT CONSTITUTE A SERVICE-LEVEL WARRANTY UNLESS SET FORTH IN A SEPARATE WRITTEN AGREEMENT SIGNED BY PIVOTAL.
10. Limitation of Liability
10.1 Exclusion of Indirect Damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOST ADMISSIONS, OR LOST OR CORRUPTED DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 Cap on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIVOTAL’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES AND TRANSACTION FEES ACTUALLY PAID BY YOU TO PIVOTAL DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10.3 Ad Spend Excluded.
FOR THE AVOIDANCE OF DOUBT, AMOUNTS BILLED TO YOU BY GOOGLE FOR ADVERTISING SPEND ARE NOT FEES PAID TO PIVOTAL, ARE NOT INCLUDED IN THE LIABILITY CAP, AND ARE NOT RECOVERABLE FROM PIVOTAL.
10.4 Essential Basis.
The limitations in this Section reflect the allocation of risk between the parties and are an essential basis of the bargain. They apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.
11. Indemnification
You agree to defend, indemnify, and hold harmless Pivotal and its officers, directors, employees, and agents from and against any and all third-party claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) Customer Content or any information you provide; (c) your advertising, the services you offer, or your facility’s operations; (d) your violation of these Terms or any applicable law, including healthcare-marketing, anti-kickback, and call-recording laws; (e) your violation of any Third-Party Service policy; or (f) your infringement or misappropriation of any third-party right. Pivotal will provide reasonable notice of any claim subject to indemnification and may participate in the defense with its own counsel at its own expense.
12. Agency Partners and Managed Accounts
12.1 Authorized Agency Use.
If you are a marketing agency or other authorized partner that uses the Service to manage advertising for one or more client facilities (“Managed Facilities”), this Section applies to you in addition to the rest of these Terms.
12.2 Responsibility for Managed Facilities.
You represent and warrant that you are authorized by each Managed Facility to act on its behalf, including to provide its information, accept advertising on its behalf, and bind it to applicable requirements. You are fully responsible for the acts and omissions of each Managed Facility and for all activity, fees, and advertising spend under accounts you manage, as if they were your own. You will ensure that each Managed Facility holds and maintains all required licenses and certifications, including LegitScript certification.
12.3 Agency Indemnity.
Your indemnification obligations in Section 11 extend to all claims arising out of or relating to your Managed Facilities and your management of their accounts. You are responsible for all relationships, agreements, and disputes between you and your Managed Facilities, and Pivotal has no obligation or liability to any Managed Facility.
12.4 No Sublicensing of Pivotal IP.
Your authorization to use the Service for Managed Facilities does not grant you any right to sublicense, resell, or transfer Pivotal’s software or intellectual property except as expressly authorized in writing by Pivotal.
13. Confidentiality
Each party may have access to non-public information of the other party (“Confidential Information”). Pivotal’s Confidential Information includes its campaign frameworks, targeting and negative-keyword methodologies, templates, pricing, and the non-public aspects of the Service. The receiving party will use the disclosing party’s Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and advisors with a need to know who are bound by confidentiality obligations. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was rightfully known without restriction, or is independently developed. The receiving party may disclose Confidential Information to the extent required by law, with reasonable advance notice where permitted.
14. Dispute Resolution; Binding Arbitration; Class Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
14.1 Informal Resolution.
Before initiating any formal proceeding, the parties will attempt in good faith to resolve any dispute by providing written notice describing the dispute and negotiating for at least thirty (30) days.
14.2 Binding Arbitration.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be finally settled by binding arbitration administered by JAMS under its applicable rules then in effect. The arbitration will be conducted before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
14.3 Class-Action Waiver.
ALL CLAIMS MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.
14.4 Exceptions.
Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information.
14.5 Governing Law.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions. To the extent any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware.
15. General Provisions
15.1 Changes to These Terms.
Pivotal may update these Terms from time to time. If we make material changes, we will provide notice, such as by posting the updated Terms with a new “Last Updated” date or notifying you within the Service. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.
15.2 Entire Agreement.
These Terms, together with the Privacy Policy and any order or plan details presented at purchase, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous understandings.
15.3 Assignment.
You may not assign or transfer these Terms without Pivotal’s prior written consent. Pivotal may assign these Terms without restriction. These Terms bind and benefit the parties and their permitted successors and assigns.
15.4 Force Majeure.
Pivotal is not liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, outages, failures of Third-Party Services, labor disputes, governmental action, or internet or utility failures.
15.5 Severability; Waiver.
If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force. A party’s failure to enforce any provision is not a waiver of its right to do so later.
15.6 Relationship of the Parties.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship, except that you authorize Pivotal to act on your behalf with respect to the advertising functions expressly described herein.
15.7 Notices.
Pivotal may provide notices to you through the Service or by email to the address associated with your account. You may provide notices to Pivotal at the contact address set forth below.
15.8 Contact.
Pivotal OS, Inc.
251 Little Falls Drive, Wilmington, DE 19808
Email: legal@pivotalos.com
AI ADDENDUM
Governing AI-Enabled Features of the Service
This AI Addendum (the “Addendum”) supplements and is incorporated into the Terms of Service between Pivotal and Customer (the “Terms”). Capitalized terms not defined here have the meanings given in the Terms. If there is any conflict between this Addendum and the body of the Terms with respect to AI Services, this Addendum controls.
16. AI-Enabled Features
16.1 AI Services.
Certain features of the Service use artificial intelligence, machine learning, and large language model technologies, including third-party models, to generate content such as advertising copy and landing-page copy based on the facility details and other inputs you provide (the “AI Services”). “Input” means the data, text, and materials you submit to the AI Services. “Output” means the content generated by the AI Services from your Input.
16.2 Ownership and License of Output.
As between the parties, and subject to your payment and compliance with the Terms, Output generated for you is made available to you for use in connection with your advertising through the Service. Output is created and deployed within campaigns and landing pages that Pivotal owns and controls as described in the Terms. You may not extract, repurpose, or use Output outside the Service except as Pivotal expressly permits. You acknowledge that AI Services may generate the same or similar Output for other customers, and that Output is not guaranteed to be unique.
16.3 Customer Responsibility to Review Output.
You are solely responsible for reviewing, verifying, and approving all Output before it is used in any advertisement, landing page, or other public-facing material. AI-generated Output may be inaccurate, incomplete, or non-compliant, and you must not rely on it without independent review. Without limitation, you are responsible for ensuring that any Output relating to treatment outcomes, success rates, levels of care, licensing, accreditation, insurance acceptance, or other factual or regulated claims is accurate, substantiated, and compliant with all applicable laws and with the policies of any Third-Party Service (including Google Ads policies and LegitScript requirements). Pivotal is not responsible for any claim, penalty, disapproval, or loss arising from Output that you used, approved, or allowed to run.
16.4 Use of Data for Model Training.
Pivotal may use Input, Output, Usage Data, and Customer Content to provide, maintain, and improve the AI Services and the Service generally, including to train, fine-tune, and evaluate models. Where Pivotal uses such data to train models, the data will be aggregated and de-identified so that it does not identify you, your facility, or any individual. Pivotal will not use the content of your Input or Output to train models in a manner that would disclose your Confidential Information to other customers.
16.5 Third-Party AI Providers.
The AI Services may be powered in whole or in part by third-party AI providers. Your use of the AI Services is subject to the applicable acceptable-use and usage policies of those providers, and you agree not to use the AI Services in any manner prohibited by such policies or by applicable law. Pivotal does not control and is not responsible for the availability, performance, or output of third-party AI providers.
16.6 AI Acceptable Use.
You agree not to use the AI Services to (a) generate false, deceptive, or misleading advertising; (b) make unsubstantiated claims regarding treatment, outcomes, or qualifications; (c) generate content that infringes the rights of any third party; or (d) attempt to extract, reverse engineer, or misuse the underlying models. You retain responsibility for all Input you submit and represent that you have the rights necessary to submit it.
16.7 No AI Warranty.
THE AI SERVICES AND ALL OUTPUT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PIVOTAL DOES NOT WARRANT THAT OUTPUT WILL BE ACCURATE, COMPLETE, ORIGINAL, NON-INFRINGING, OR FIT FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL COMPLY WITH ANY LAW OR THIRD-PARTY POLICY. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THE TERMS APPLY FULLY TO THE AI SERVICES AND OUTPUT.
16.8 AI Indemnity.
Your indemnification obligations under the Terms extend to any claim arising out of or relating to (a) your Input; (b) your use, approval, or deployment of Output; or (c) your use of the AI Services in violation of the Terms, this Addendum, or applicable law or Third-Party Service policy.
ACKNOWLEDGMENT
BY CLICKING “I AGREE,” CREATING AN ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM ON BEHALF OF THE BUSINESS YOU REPRESENT.