TERMS OF SERVICE

Last Updated: 12/21/2025

These Terms of Service (“Terms”), as updated from time to time, govern your access to and use of the software, website, and related services provided by SuperVize, LLC (“SuperVize,” “we,” “our,” or “us”). By creating an account, accessing, or using the SuperVize platform (the “Software”), you agree to these Terms. If you do not agree, you may not use the Software.

1. License and Access

SuperVize grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software for your personal, educational, training, or organizational purposes, in accordance with these Terms.

You are responsible for all use under your account.

2. Acceptable Use Restrictions

You agree not to:

1. Copy, modify, or create derivative works of the Software.
2. Sell, rent, lease, distribute, sublicense, or otherwise make the Software available to unauthorized third parties.
3. Reverse engineer, decompile, disassemble, or attempt to access the Software’s source code.
4. Remove or alter any proprietary notices.
5. Use the Software in violation of applicable laws, including privacy and data protection laws.
6. Use the Software to build a competing product or service.
7. Share login credentials or bypass security features.
8. Engage in any activity that degrades system performance, stability, or security.

We may, at our sole discretion, suspend or terminate accounts violating these restrictions.

3. Support

SuperVize may provide technical support as part of your subscription, trial period, or support plan.

Support levels, response times, and availability may vary depending on your plan or subscription tier.

4. Data Ownership and Use

4.1 User Data

All data you input into the Software (“User Data”) remains your property. You may export your data at any time while your account is active. After account closure, data may be deleted in accordance with our data retention policy.

4.2 Data Retention

We may retain User Data for up to ten (10) years, after which it may be permanently deleted without notice. Users may request export of their data during the retention period.

4.3 Aggregated Statistics

SuperVize may collect and use anonymized, aggregated data for analytics, product improvement, and benchmarking. All such use will comply with applicable laws (e.g., HIPAA, FERPA, where applicable).

5. Confidentiality

You may receive confidential information from SuperVize. “Confidential Information” includes non-public business, technical, or proprietary information.

Confidential Information does not include information that is (a) public, (b) already known, (c) lawfully obtained from a third party, or (d) independently developed.

You agree not to disclose or misuse SuperVize’s Confidential Information.

Confidentiality obligations survive for five (5) years, or indefinitely for trade secrets.

6. Intellectual Property

The Software and all related intellectual property—including copyrights, trademarks, patents, trade secrets, and all improvements—are and remain the exclusive property of SuperVize. SuperVize reserves all rights not expressly granted to you.

You may submit feedback, suggestions, or ideas regarding the Software (“Feedback”) to SuperVize. SuperVize may use Feedback without restriction or compensation, and you agree to assign and hereby assign all rights in such Feedback to SuperVize.

7. Fees and Payment

If you purchase a paid subscription, you agree to pay all fees associated with your plan.

Payments are due as stated at checkout or in your subscription agreement.

Fees are non-refundable, except where required by law or expressly stated otherwise.

8. Limited Warranty; Disclaimer

SuperVize warrants that it will use commercially reasonable efforts to maintain the functionality and security of the Software.

However, except as expressly stated:

THE SOFTWARE IS PROVIDED “AS-IS” AND “AS AVAILABLE.”

SUPERVIZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE SOFTWARE WILL BE ERROR-FREE, BUG-FREE, OR UNINTERRUPTED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. SUPERVIZE’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SOFTWARE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRIOR TO THE CLAIM.
2. SUPERVIZE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations form a fundamental basis of the bargain between you and SuperVize.

10. Indemnification

You agree to indemnify, defend, and hold harmless SuperVize and its officers, employees, contractors, and affiliates from any claims, damages, liabilities, or expenses, including attorneys’ fees, arising out of:

• Your violation of these Terms,
• Your use or misuse of the Software, or
• Any data or content you provide.

11. Termination

SuperVize may suspend or terminate your account immediately if you:

• Fail to pay fees when due,
• Violate these Terms, or
• Endanger the security or integrity of the Software.

You may stop using the Software at any time.

Upon termination, your access rights end and data may be deleted in accordance with our retention policy.

12. Dispute Resolution

Before taking formal action, the parties agree to:

1. Provide written notice of the issue and allow 30 days to cure.
2. If this issue is not resolved, engage in good-faith meet-and-confer discussions.
3. Participate in mediation if the issue remains unresolved.
4. If still unresolved, the dispute shall be resolved through binding arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall occur in San Diego, California.

13. Publicity

You agree that SuperVize may use your organization’s name and logo in its customer list, marketing materials, and website, unless you request removal in writing.

Use of SuperVize’s trademarks by you requires prior written permission.

14. Miscellaneous

• Entire Agreement: These Terms constitute the full agreement between you and SuperVize.
• Notices: Must be sent to the contact information posted on our website.
• Force Majeure: SuperVize is not responsible for delays due to events outside reasonable control.
• Amendments: SuperVize may update these Terms by posting changes on its website. Your continued use of the software constitutes your agreement with any updated Terms.
• Waiver: Failure to enforce any provision is not a waiver of rights.
• Severability: Invalid provisions are replaced with enforceable ones that best reflect the intent.
• Governing Law: California law governs these Terms.
• Interpretation: The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
• Time Limits: Any cause of action by you with respect to the Software (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
• Assignment: You may not assign your rights without our advanced written consent. SuperVize may assign its rights in connection with a merger, acquisition, or sale of assets without notice.