Terms of Service

Acceptable Use, Customer Responsibility, and Outcome Disclaimer

Gossip Analytics provides analytics, telemetry interpretation, AI-assisted insights, reports, signals, dashboards, badges, predictions, scores, and recommendations for immersive, interactive, XR, 3D, training, simulation, gaming, and related digital experiences. The Services are designed to support analysis and decision-making, but they do not replace professional judgment, product ownership, technical validation, safety review, legal review, accessibility review, QA testing, or operational responsibility.

Customers remain solely responsible for the design, development, deployment, maintenance, performance, safety, compliance, availability, commercial results, user experience, retention, engagement, monetization, and business outcomes of their applications, experiences, products, environments, campaigns, or services. Gossip Analytics does not guarantee that use of the Services will increase retention, conversion, engagement, learning outcomes, accessibility, comfort, stability, revenue, customer satisfaction, product-market fit, or any other business, technical, behavioral, or experiential metric.

AI-generated explanations, predictions, recommendations, classifications, summaries, badges, signals, scores, issue interpretations, and suggested next steps are provided for informational and decision-support purposes only. They may be incomplete, inaccurate, delayed, context-dependent, or based on limited, missing, noisy, misconfigured, or customer-provided telemetry. Customers are responsible for reviewing, validating, testing, and approving any action taken based on such outputs before implementing changes in development, beta, staging, production, live operations, training environments, customer environments, or public releases.

Customers may not use the Services, directly or indirectly, to design, develop, optimize, test, simulate, deploy, support, or improve weapons, explosives, nuclear, biological, chemical, radiological, autonomous harm systems, unlawful surveillance systems, malware, spyware, phishing systems, deceptive manipulation systems, or any product, process, content, or activity that is unlawful, harmful, abusive, exploitative, discriminatory, or intended to cause physical, psychological, financial, or operational harm.

Customers may not use the Services to process, infer, expose, reconstruct, or attempt to identify sensitive personal data unless they have all required rights, notices, consents, lawful bases, agreements, and safeguards. Customers may not submit data to the Services that they are not authorized to collect, transmit, analyze, or use.

Customers are responsible for the accuracy, legality, quality, integrity, configuration, labeling, and completeness of all data, events, telemetry, SDK implementations, environments, app tokens, user permissions, third-party integrations, and systems connected to the Services. Gossip Analytics is not responsible for errors, losses, degraded performance, incorrect insights, missing insights, failed recommendations, or other outcomes caused by incomplete data, incorrect instrumentation, misconfigured environments, third-party services, platform limitations, device limitations, network issues, customer-side changes, unsupported use cases, or unauthorized use of the Services.

Except as expressly stated in a written agreement, the Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Gossip Analytics disclaims liability for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, including loss of revenue, loss of users, loss of retention, loss of engagement, loss of goodwill, loss of data, business interruption, failed releases, delayed launches, customer churn, poor product performance, or decisions made in reliance on analytics, AI outputs, recommendations, predictions, badges, reports, or signals generated through the Services.

Gossip Analytics may suspend or restrict access to the Services if we reasonably believe that customer use violates these Terms, creates security, legal, operational, reputational, platform, or safety risk, threatens service integrity, or may harm users, third parties, animals, systems, infrastructure, or the public.

1. Introduction

These Terms of Service ("Terms") govern the access to and use of the Gossip Analytics platform and related services (the "Service").

By accessing or using the Service, you ("Customer", "you") agree to be bound by these Terms. If you do not agree, you may not use the Service.

Gossip Analytics provides the Service exclusively on a business-to-business (B2B) basis.

2. Company Information

3. Definitions

• "Service" means the Gossip Analytics software platform, SDKs, dashboards, APIs, and related services.
• "Customer Data" means data provided by or on behalf of the Customer through use of the Service.
• "Aggregated Data" means data that has been anonymized and aggregated such that it cannot reasonably identify an individual.
• "Authorized Users" means individuals authorized by the Customer to access the Service.

4. Description of the Service

Gossip Analytics is an analytics platform for XR, VR, AR, MR, and 2D/3D interactive environments. The Service provides insights related to spatial behavior, interaction paths, system performance, session telemetry, eye tracking signals (real when supported by hardware and simulated otherwise), and AI-generated analytics. AI-generated analytics may be inaccurate or incomplete and should be validated by the Customer prior to use in decision-making. Where enabled, the Service may derive emotion signals from short, event-triggered audio segments; raw audio is deleted immediately after processing and never stored.

The Service does not process biometric identifiers such as facial recognition, fingerprints, or iris scans and is not intended for use with data from minors.

5. Account Responsibilities

The Customer is responsible for:

• Ensuring Authorized Users comply with these Terms
• Maintaining the confidentiality of access credentials
• Ensuring all Customer Data is lawfully collected and processed
• Using the Service in compliance with applicable laws and regulations

The Customer represents that it has all necessary rights and permissions to process Customer Data through the Service.

The Customer is solely responsible for:

• (a) Obtaining valid consents from end-users for eye-tracking, spatial data, and any personal data processing;
• (b) Implementing age-gating or parental consent mechanisms if the Customer's XR application may be used by minors;
• (c) Providing end-users with appropriate notices that their data is processed via Gossip Analytics as processor.

5A. User Accounts & Security

To access the dashboard and SDK tokens, you must create an account. You are responsible for:

• Maintaining the confidentiality of your credentials.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized use or security breach.

6. Acceptable Use

The Customer shall not:

• Use the Service for unlawful purposes
• Attempt to bypass security or access controls
• Introduce malicious code or disrupt system integrity
• Use the Service to process data it does not have legal rights to process
• Track users in applications intended for children under 13 without proper legal consent.
• Upload or transmit any malicious code, viruses, or malware via the SDK.
• Use the platform for any illegal surveillance or unauthorized behavioral monitoring.
• Use emotion-inference features (including audio-based emotion signals) in workplace or educational contexts within the European Union, or in any context where emotion recognition is restricted or prohibited by applicable law. Customers are solely responsible for ensuring their use context is lawful.

Gossip Analytics reserves the right to suspend access for violations of this section.

7. Fees, Billing, and Payment

Fees, billing terms, and payment obligations are defined in the applicable order form, subscription agreement, or commercial arrangement agreed upon between the parties.

Failure to pay applicable fees may result in suspension or termination of access to the Service.

7A. Service Level & Support

During the Beta phase, support is provided on a "best-effort" basis via email and GitHub. We do not commit to specific response times (SLAs) until the platform reaches general availability.

8. Intellectual Property

All intellectual property rights in the Service, including software, documentation, and analytics models, remain the exclusive property of Gossip Analytics.

The Service is licensed, not sold. Nothing in these Terms transfers any ownership or intellectual property rights from Gossip Analytics to the Customer. The Customer receives a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely during the applicable subscription term and in accordance with these Terms.

The Customer retains ownership of its Customer Data. Subject to these Terms, the Customer grants Gossip Analytics a limited license to process Customer Data solely to provide the Service.

9. Confidentiality

Each party agrees to protect the other party's confidential information using reasonable care and to use such information solely for purposes of performing under these Terms.

Confidential information does not include information that is publicly available or independently developed.

10. Data Processing and Privacy

Gossip Analytics processes Customer Data in accordance with its Privacy Policy.

Where required, the parties may enter into a separate Data Processing Agreement (DPA) governing roles, responsibilities, and safeguards related to personal data processing.

12. Warranties and Disclaimers

The Service is provided "as is" and "as available."

To the maximum extent permitted by law, Gossip Analytics disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

12A. AI-Generated Outputs Disclaimer

Some features of the Service generate automated or AI-assisted insights, summaries, predictions, recommendations, scores, or other outputs ("AI Output"). AI Output is probabilistic and may be inaccurate, incomplete, misleading, or outdated. AI Output is provided for informational purposes only and does not constitute professional advice (including legal, medical, financial, or safety advice).

You are solely responsible for reviewing and validating AI Output before relying on it, including implementing appropriate human oversight, testing, and controls. You agree not to use AI Output as the sole basis for decisions in high-risk contexts where errors could lead to harm, legal liability, or significant impact on individuals (e.g., medical, safety-critical, compliance determinations, eligibility/employment/credit decisions), unless independently validated and safeguarded.

To the maximum extent permitted by law, Gossip Analytics makes no warranties regarding AI Output, including any warranty of accuracy, reliability, fitness for a particular purpose, or non-infringement.

AI features may rely on third-party providers and models, and your use of such features may be subject to additional terms or acceptable-use requirements from those providers.

12B. No Training on Customer Data

We do not use Customer Data (including XR/eye-tracking data) to train or improve foundational AI models without your explicit, separate written consent.

13. Limitation of Liability

To the maximum extent permitted by law:

• Gossip Analytics shall not be liable for indirect, incidental, special, or consequential damages
• Gossip Analytics's total liability arising out of or related to the Service shall not exceed the amounts actually paid by the Customer under the Customer's applicable plan (Easy, Advanced, or Enterprise) during the twelve (12) months preceding the claim

14. Indemnification

The Customer agrees to indemnify and hold harmless Gossip Analytics from claims arising out of:

• Customer's use of the Service
• Customer Data
• Violation of these Terms or applicable laws

Gossip Analytics indemnifies the Customer from claims that the Service (as provided) infringes third-party intellectual property rights (excluding Customer modifications or combinations).

15. Term and Termination

These Terms remain in effect while the Customer uses the Service.

Either party may terminate access in accordance with the applicable commercial agreement or upon material breach of these Terms.

Upon termination, access to the Service will cease, subject to data retention obligations as described in Section 15A.

15A. Data Portability and Deletion

Upon cancellation, non-renewal, or non-payment, the Customer shall have thirty (30) calendar days to export and download their Customer Data via the dashboard. Gossip Analytics will provide data export in standard formats (CSV).

After the applicable retention period, all Customer Data will be permanently and irreversibly deleted from Gossip Analytics systems.

A written confirmation of deletion is available upon request by contacting legal@gossipanalytics.com.

16. Modifications to the Service or Terms

Gossip Analytics may modify the Service or these Terms from time to time. Material changes will be communicated where reasonable. Continued use of the Service constitutes acceptance of updated Terms.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the United Mexican States, without regard to conflict of laws principles.

Any dispute shall be resolved exclusively in the competent courts of Mexico City, Mexico.

Notwithstanding, for Customers with primary establishment in the EU/EEA, mandatory provisions of applicable EU law (e.g., GDPR jurisdiction) may apply. For California residents, CCPA rights are preserved.

18. Contact Information

For legal inquiries or notices, contact:

📧 legal@gossipanalytics.com