Terms of use and Service Level Agreement (SLA) - Kameleoon Starter Plan Customers

1. Ownership and Licenses

1.1 Ownership of Services

Except as expressly licensed below, all aspects of intellectual property rights of every sort in or in connection with the Services are owned solely by Kameleoon, including methods, trade dress, program code, including source code, object code, formulae, techniques, processes, improvements, designs, software designs, computer programs, and strategies. Other than as expressly permitted under this Agreement, Customer may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any material that is subject to Kameleoon’s proprietary rights, including computer code, graphic design, layout, user interfaces, and reports, in any way or by any means, including, but not limited to by electronic, mechanical or optical means. The Customer shall not use any of the computer code, graphic design, layout and user interfaces (collectively, “Features”) of the Service outside of the Services. Kameleoon retains all trademark or service mark rights in the Services, and all applicable marks and logos, whether registered or not. The Customer may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of these marks and logos. The Customer may not dilute or tarnish the goodwill of Kameleoon or its marks and logos.

1.2 Software License

To enable Customer to receive the Service(s) described in any authorized Statement(s) of Work, Kameleoon grants Customer, and Customer accepts, a non-exclusive, non-transferable, license to install, store, operate and/or use the Service(s) described in an applicable Statement of Work, for Customer’s commercial purposes, including any program routines or programming code that may be distributed as part of the Service (the “Software”). Software may be operated only as provided in the applicable Statement of Work. Customers shall not challenge the validity of, or attempt to create any derivative works from any Services. Customer acknowledges that it has no proprietary rights in any Kameleoon brand names, trade names, trade dress or any trademarks, or any copyrighted content, or any other intellectual property belonging to or licensed by Kameleoon in the course of providing the Services (collectively, “Kameleoon IP”), and Customer shall not challenge Kameleoon’s proprietary rights in or to any of the Kameleoon IP. Customer acknowledges that except as expressly provided in this Agreement, all uses of Services, and all goodwill associated therewith, shall insure solely to the benefit of Kameleoon. The license granted herein shall be revoked upon termination of this Agreement.

1.3 Access

The Customer will have access, via https://app.kameleoon.com/ website, to the different elements that are necessary for the proper execution of the service.

1.4 Credits usage

Use of certain functionalities within the Service, including but not limited to prompt testing, requires the expenditure of credits. One credit shall be deducted for each prompt submitted by the Customer, except where the Service, at its own initiative, generates a follow-up inquiry for the purpose of obtaining additional context to provide a more accurate response, in which case no credit shall be deducted.

Each subscription plan includes a predetermined number of credits per month. Unused credits expire at the end of the billing cycle and do not roll over. Customers can upgrade to higher credit tiers at any time via secure online payment in the app. Upgrades mid-month are applied pro rata for the remainder of the billing cycle. Customers may also elect to downgrade to a lower credit tier, provided that such downgrade shall only take effect from the following billing cycle. Credits are non-refundable, non-transferable, and may not be redeemed for cash

2. Confidentiality

Customer and Kameleoon mutually agree that all software, documentation, technical information, computer code, graphic design, layout, user experience provided by Kameleoon (or its agents) or otherwise included in the Service shall be deemed Confidential Information belonging to Kameleoon. All information and data belonging to Customer shall be deemed Customer’s Confidential Information. Except as expressly authorized herein, each party will hold in confidence and not use or disclose any Confidential Information belonging to the other party. This nondisclosure obligation shall not apply to information which the receiving party can document: (a) was rightfully in its possession or known prior to receipt of the Confidential Information; (b) is or has become public knowledge through no fault of the receiving party; (c) was rightfully obtained from a third party without breach of any confidentiality obligation; (d) was independently developed, without access to the Confidential Information; or (e) is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the owner of such Confidential Information). The parties acknowledge that unauthorized disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon such unauthorized disclosure or reasonable anticipation thereof, the party owning the subject Confidential Information shall be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law. Customer agrees that any enhancements or improvements to Kameleoon’ services (“Improvement Information”) suggested by Customer are made free of any retained interest or other claim to such enhancements or improvements, and that Kameleoon may incorporate such enhancements or improvements into its services without restriction and without any obligation to Customer. To the extent that any such Improvement Information is provided by Customer, such disclosure is made at the Customer’s own risk, and Customer shall not claim that Kameleoon’ products infringe or are otherwise based on a misuse of Customer Confidential Information.

3. Restrictions

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The customer may not (and agree not to, and not permit or enable others to), directly or indirectly:

Copy, distribute, rent, lease, timeshare, operate a service bureau, or otherwise use for the benefit of a third party, the Services;
Decompile, reverse engineer or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services (except to the extent applicable law prohibits restrictions on reverse engineering);
Remove any proprietary notices from the Services;
Infringe or violate the intellectual property rights or any other rights of anyone else (including the Company);
Violate the security of any computer network, or crack any passwords or security encryption codes;
Violate any law or regulation, including, without limitation, applicable export control laws, privacy laws, or any other purpose not reasonably intended by the Company;
Provide access to the Services to a known competitor of Kameleoon.

4. Usage Limits.

Services are subject to usage limits specified in this agreement. This list is non-exhaustive, and additional limits may apply. Kameleoon reserves the right to modify these usage limits at any time, in its sole discretion.

4.1 Definitions

“Monthly Tracked User (MTU)” means a user who has participated in at least one active experiment in the current calendar month. If the same user is exposed to multiple experiments within the same month, only one MTU will be counted.

“Project” means any website or web-based application that a Customer adds to their Kameleoon account.

4.2 Usage Limits

Kameleoon Starter Plan MTU Limit: The customer is limited to 50,000 Monthly Tracked Users (MTU) per month. Upon reaching this cap, all active campaigns will be automatically paused;
Project Limit: The Customer is limited to a maximum of 1 project in their Kameleoon account.

5. Fees, Payment Processor and Billing System

The Services are subject to the applicable fees outlined on the Company’s payment page. The Company uses Stripe, Inc. as its payment processor (the “Payment Processor”) and Maxio, LLC as its billing system (the “Billing System”). The processing and management of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor’s Terms of Service, Privacy policy and the Billing System’s Terms of Service, Privacy Policy, in addition to this Agreement. The Company is not responsible for any errors by, or other acts or omissions of, the Payment Processor or the Billing System. By choosing to use any paid Services, you agree to pay the Company, through the Payment Processor and the Billing System, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms, and you authorize the Company, through the Payment Processor and the Billing System, to charge your chosen payment provider (your “Payment Method”). If the Company, through the Payment Processor and/or the Billing System, does not receive payment from you, you agree to pay all amounts due upon demand.

5.1 Canceled or Failed Payment

If any charged amount not subject to a good faith dispute is not received by the Company by the due date, then without limiting the Company’s rights or remedies, the Customer agrees that:

If payment is overdue by more than 1 day, the customer will no longer be able to run any Experiments but will retain access to view results and download raw data.
The Company reserves the right to suspend or terminate platform access if payment remains overdue for more than 7 days.

6. Support and Upgrades

This Agreement does not entitle you the Customer to any support, upgrades, patches, enhancements, or fixes for the Services (collectively, “Support”). Any such Support for the Services that may be made available by Company become part of the Services and subject to this Agreement. Company may suspend or discontinue any part of the Services, or may introduce new features or impose limits on certain features or restrict access to parts or all of the Services, with or without notice to you.

7. IP Ownership; Marks

Except for the limited licenses expressly granted in Section 1, the Company does not convey to you any rights in or related to the Services. The Company will retain all intellectual property rights relating to the Services or any suggestions, ideas, enhancements, requests, feedback, recommendations or other information provided by you or any third party relating to the Service, and you hereby make all assignments to effect the foregoing ownership. The Company is permitted to use your names, marks and logos on its website and marketing materials for the purposes of disclosing that you are one of its customers to any third-party at its sole discretion.

‍8. Customer Data

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For purposes of this Agreement, “Customer Data” refers to any data, information, or other material provided, uploaded, or submitted by you to the Services in the course of using the Services. You retain all rights, title, and interest in and to the Customer Data, including all intellectual property rights therein. You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data.

The Company retains Customer Data for a period of 6 months. After this period, the data may be deleted in accordance with the Company's data retention policy. The Company is not liable for unauthorized access to Customer Data or the unauthorized use of the Services, unless such access is due to the Company’s gross negligence or willful misconduct. You are also responsible for any use of the Services by individuals to whom you have granted access, even if such use was not authorized by you.

8.1 Personal Data

Notwithstanding the law applicable on the day of the Customer’s account creation, the parties confirm their knowledge of the CCPA, GDPR and DSGVO Regulations on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

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8.2 AI Compliance

Kameleoon is committed to the responsible, secure, and legally compliant use of artificial intelligence technologies across its platform. Our approach is grounded in transparency, accountability, and alignment with applicable legal frameworks, including the EU AI Act, the GDPR, and other international best practices.

The following principles and controls govern our use of AI:

Risk Management and Safety Controls

Kameleoon has implemented a dedicated AI risk management system, integrating proactive identification of potential risks from the design phase through the full lifecycle of the AI system;
Continuous monitoring, audits, and scenario-based testing are conducted to ensure that emerging risks—technical, ethical, or regulatory—are promptly addressed.

Data Governance and Bias Mitigation

All data used for training, validation, and testing of AI systems is subject to strict governance, ensuring accuracy, representativeness, and freedom from discriminatory bias;
Rigorous data cleaning and verification procedures are in place, and datasets are regularly audited to uphold fairness and transparency.

Privacy Protection

Kameleoon's AI systems do not process personal data in a way that qualifies as identifiable data under GDPR. However, we apply a privacy-by-design approach even for pseudonymized or aggregated datasets;
A formal Privacy Impact Assessment (PIA) has been conducted to ensure that AI operations do not compromise user confidentiality or data minimization principles.

Prompt Governance and Access Control

Any prompts stored for the purpose of quality assurance, monitoring, or optimization are governed by strict access controls, traceability logs, and a maximum retention period of 24 months;
Access is restricted to authorized personnel, with role-based access segregation between production and test environments.

Documentation and Explainability

Kameleoon maintains detailed technical documentation in line with Annex IV of the EU AI Act, covering data lineage, model architecture, training methodology, testing results, and intended use cases;
AI outputs are designed to be explainable, and users are provided with clear information regarding the system’s logic and limitations.

Human Oversight

All AI functionalities deployed by Kameleoon remain subject to human review and intervention. Operators can pause, override, or deactivate models in the event of unexpected behavior;
Kameleoon ensures that critical decisions impacting users or system operation are never made without the possibility of human validation.

Security and Traceability

Automated logging mechanisms capture algorithmic decisions, anomalies, and user interactions to ensure traceability, support diagnostics, and enable regulatory audits;
Encryption and identity/access management are applied consistently to safeguard AI system integrity.

Regulatory and Environmental Considerations

Kameleoon aligns its practices with the AI Act, as well as sector-specific obligations (e.g., marketing personalization, analytics);
Environmental impact is minimized through use of optimized infrastructure, reduced training complexity, and responsible computing practices.

Liability and Customer Responsibility

While Kameleoon provides compliant and secure AI-based features, customers remain responsible for ensuring that their use of these features aligns with their own legal, regulatory, and contractual obligations. Kameleoon disclaims liability for any misuse or unlawful application of AI outputs.

9. Duty of Care; Limitation of Liability

9.1 Warranty; Limitation of Liability

The Services are provided “As is” and without warranty of any kind, and Company (for itself and its licensors) hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, performance, accuracy, reliability, and non-infringement. This disclaimer of warranty constitutes an essential part of this Agreement.

Kameleoon warrants that it shall provide the services in a diligent and workmanlike manner and shall employ due care and attention in providing the services. Kameleoon further warrants that the Service Software and the Services do not infringe the rights of any third party. Customer acknowledges that the services interact with web environments outside Kameleoon’s control, and Customer agrees that Kameleoon shall not be liable for any damages or losses caused by errors, omissions, or delays that were not caused by Kameleoon’s negligent or willful misconduct. In no event shall either party be liable for indirect, special, or consequential damages, unless such damages are the result of a breach of Customer’s obligations of confidentiality. Except for the indemnification provisions herein, in no event shall the total aggregate liability of either party for any claims, losses, or damages arising under this agreement and services performed hereunder exceed the total charges paid to Kameleoon during the twelve (12) months preceding the date on which the claim arises, even if the party has been advised of the possibility of such potential claim, loss, or damage. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.

Kameleoon does not warrant or guarantee any outcome from the use of the service, including without limitation, the impact of using the service on Customer revenue.

9.2 Indemnification by Kameleoon

Kameleoon shall be responsible for all direct damages to Customer caused by Kameleoon’s breach of this Agreement. If a third-party claims that the Services or any part thereof infringe any patent, copyright, trademark, or trade secret, Kameleoon will defend the Customer against such claim at Kameleoon’ expense and shall pay all damages that a court finally awards, provided that Customer promptly notifies Kameleoon in writing of a claim (and in no event more than fifteen (15) days after legally valid service of process), allows Kameleoon to control, and cooperates with Kameleoon in, the defense or any related settlement negotiations. If such a claim is made or appears possible, Kameleoon may, at its option, secure for Customer the right to continue to use the Services, or modify or replace the same so it is non-infringing, or terminate this Agreement by paying Customer a credit equal to the portion of previously paid fees allocable to the unused remainder of the Term.

9.3 Indemnification by Customer

Customer shall be responsible for all direct damages to Kameleoon caused by Customer’s breach of this Agreement. In the event any third-party brings a complaint, claim, or demand, arising from, or in connection with Customer’s breach of this Agreement, Customer shall indemnify, defend and hold harmless Kameleoon from all such claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including attorneys’ fees), provided that Kameleoon promptly notifies Customer in writing of the claim (and in no event more than fifteen (15) days after legally valid service of process), allows Customer to control, and cooperates with Customer in, the defense or any related settlement negotiations.

9.4 Force Majeure

Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.

10. Amendment

All terms and conditions outlined in this Agreement are subject to change at the sole discretion of the Company. The Company will notify the Customer of such changes by email or otherwise. If the Customer doesn’t agree with the changes the Customer may no longer continue using the Services. If the Customer uses the Services in any way after a change to this Agreement is effective, the Customer is deemed to have agreed to the changes. Except as provided herein, no other amendment of this Agreement is effective unless in writing and signed between the Company and the Customer.

11. Termination

The Customer may terminate or disable Services at any time for convenience; provided, however, that such termination shall only take effect at the end of the then-current billing cycle. In such case, the Customer will have no right to any refund and will remain liable for payment of the subscription fee through the end of that billing cycle.

12. Incorporation

The Customer’s use of the Services is subject to the Company’s privacy policy which is incorporated herein by reference.

‍13. Governing Law

This Agreement is made under the laws of the State of New York, U.S.A., and shall be interpreted, construed and enforced in accordance with the law of New York, without giving effect to its choice of law principles. Customer agrees to resolve any dispute or claim that Customer may have against Kameleoon and to submit to personal jurisdiction in the state and federal courts in the county and state of New York, New York. Both parties expressly waive the right to trial by jury.

14. Service Availability Level

The Company commits that, during the Term, the Services and Software will function as intended. Kameleoon will provide the following Services:

Campaign Management (First Service): An online back-office accessible at https://app.kameleoon.com/ to manage experiments.
Campaign Delivery (Second Service): A service for triggering and displaying experiments on the target website.
Data Platform Service (Third Service): A service for the ingestion and processing of live experiments events on the target website for reporting purposes.

Kameleoon guarantees the following Service availability:

Campaign Management (First service): 90% uptime on a monthly basis;
Campaign Delivery and Data Platform Service (Second and Third services): 95% uptime on a monthly basis.

Only critical or partial outages are considered when calculating service availability. Incidents of degraded performance are not included in this calculation.

A critical outage refers to severe incidents that significantly impact the customer's operations.

This includes:

Security incidents compromising the integrity or confidentiality of data;
Irreversible data loss;
Issues affecting the customer's website, such as failure to load the Kameleoon Application File (kameleoon.js), or incorrect targeting that triggers experiments erroneously.

A partial outage refers to incidents that disrupt the Customer’s experience or usage of the platform without fully halting operations. This includes:

The application being unavailable or experiencing significant slowness;
Result pages failing to load;
APIs being unavailable or performing very slowly;
Data or key indicators being displayed incorrectly.

Incidents of degraded performance are those that cause moderate disruptions, such as slowness in the main application or certain experiment reporting pages not loading correctly.

For the Campaign Management service, Kameleoon reserves the right to schedule maintenance during which the Service may be taken offline for a maximum of 1 hour per quarter, provided that the Customer is given a minimum of 24 hours' notice.

Service availability for each service is calculated quarterly, and incidents are reported on Kameleoon’s status page which can be found here: https://kameleoon.statuspage.io/.

SLA requirements are based on the availability of the components described on our status page:

Campaign Management (First Service) → Campaign Management (Core Service);
Campaign Delivery (Second Service) → Web Experimentation Delivery Network (Core Service);
Data Platform Service (Third Service) → EU - Data Platform (Core Service) or US - Data Platform (Core Service).

15. Technical Support

Technical Support refers to all corrective actions and evolutions of the Service. It includes:

Slack assistance (https://kameleooncommunity.slack.com) in the use of the Service on weekdays.
Documentation (https://help.kameleoon.com and https://developers.kameleoon.com/);
Kameleoon Academy (https://academy.kameleoon.com);
AI Assistant in-app.