These Terms of Service ("Terms") govern your access to and use of Harvv ("Service"), operated by Olivas Venture Capital LLC d/b/a Harvv ("Company," "we," "us," or "our"), a Texas limited liability company located in Denton County, Texas.
By creating an account or using the Service, you ("User," "you," or "your") agree to these Terms. If you do not agree, do not use the Service.
1. Service Description
Harvv is a behavioral analytics platform that captures structured behavioral telemetry from websites via a JavaScript pixel. The Service detects user experience issues, generates fix recommendations, and provides dashboards and reports.
2. Eligibility
You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization.
3. Account Registration
You must provide accurate information when creating an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at jordan@harvv.com of any unauthorized use.
4. Acceptable Use
You agree not to:
- Use the Service to collect personally identifiable information (PII) from end users beyond what the pixel captures by design
- Modify, reverse-engineer, or decompile the pixel script
- Use the Service to track users without appropriate legal basis (see Privacy Policy)
- Send excessive or automated requests designed to overload the Service
- Resell access to the Service without an Agency plan agreement
- Use the Service for any unlawful purpose
5. Data Ownership and Our Role
Your Data. You retain ownership of all data collected through your sites. We process this data solely to provide the Service. You may export or delete your data at any time. We keep it on the retention schedule published in our Privacy Policy, Section 5: raw visitor events for a bounded period you can shorten in your site settings, and never longer than the stated ceiling; aggregates, detected issues, and reports for the life of your account. When your account ends, we delete or return your data within 90 days, subject to a 30-day recovery window for accidental deletions and any retention the law requires of us. That schedule, and the Data Processing Agreement it forms part of, is the same for every plan.
Our Role: Service Provider and Processor. For visitor data collected by the pixel from your sites, you are the business (controller) and Harvv acts as your service provider (under the California Consumer Privacy Act, Cal. Civ. Code 1798.140) and data processor (under the GDPR), processing that data on your documented instructions, which these Terms and your configuration of the Service constitute. In that role, Harvv will not: (a) sell or share visitor data; (b) retain, use, or disclose visitor data for any purpose other than providing and securing the Service for you, or as otherwise permitted for service providers by applicable law; (c) retain, use, or disclose visitor data outside of the direct business relationship between you and Harvv; or (d) combine visitor data received from you with personal information from other customers or other sources, except as permitted for service providers (including to detect security incidents and to build the deidentified, aggregated improvements described below). We will notify you if we determine we can no longer meet these obligations, and you may take reasonable steps to stop and remediate any unauthorized use.
Aggregated Data. We may use deidentified, aggregated data (which cannot reasonably identify you, your sites, or your visitors) to improve the Service, develop features, benchmark, and conduct research. We commit to maintaining such data in deidentified form and not attempting to reidentify it.
Cross-Site Pattern Learning. Detection rules, fix patterns, and UX issue categories may be improved using deidentified, aggregated signals across customers. No raw event data, session data, visitor identifiers, or customer-identifiable information is shared between customers, used to build profiles of any individual, used for advertising, or sold. One customer's data is never exposed to another customer in identifiable form.
6. Plans and Billing
Free Plan. The free plan includes limited features and usage caps as described on our pricing page. We may modify free plan limits at any time with 30 days notice.
Paid Plans. Paid subscriptions are billed monthly through Stripe. Prices are in USD. You authorize us to charge your payment method on a recurring basis.
Trials. Trial periods provide full access for the stated duration. At trial expiration, your account reverts to the free plan. No charge is made during a trial.
Refunds. We offer a 30-day money-back guarantee on all paid plans. Contact jordan@harvv.com for refund requests.
Cancellation. You may cancel at any time through the billing portal. Access continues through the end of your current billing period.
7. Pixel Installation and Consent
By installing the Harvv pixel on a website, you represent that you have the legal right to add tracking scripts to that website. You are responsible for:
- Disclosing the use of analytics tools in your website's privacy policy
- Determining whether the laws that apply to your visitors require consent for analytics, and deploying a consent mechanism where they do
- Complying with all applicable laws including GDPR, CCPA, and other privacy regulations
Consent-aware capture. Where your site presents a consent mechanism the pixel recognizes (the Shopify Customer Privacy API, or any consent banner wired to Google Consent Mode), the pixel honors it automatically when consent-aware mode is enabled for your site: if a visitor declines, nothing is transmitted for that visitor; while a visitor is deciding, events are held in the browser's memory and discarded if the answer is no; nothing is written to the visitor's device before consent resolves. Where no such mechanism is present, the pixel operates according to your configuration, and the decision to run it without a consent mechanism is yours. Harvv honors consent signals; it does not determine when the law requires you to collect them.
8. Privacy and Data Protection
Our collection and use of data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
8.1 Third-Party Integrations — Google APIs
Harvv offers optional integrations that let you connect a Google Analytics 4 ("GA4") property, a Google Search Console ("GSC") property, and a Google Ads account to Harvv. By authorizing an integration, you grant Harvv permission to call Google APIs on your behalf using that integration's scope: analytics.readonly (GA4), webmasters.readonly (Search Console), or adwords (Google Ads). Google offers no read-only scope for Google Ads; Harvv uses the adwords scope only to read reporting data and will not create, change, or remove anything in your Google Ads account. You may also sign in to Harvv with your Google account, which uses the openid, email, and profile scopes only to identify you. The terms of this Section 8.1 apply to all of these, and the full disclosure of what is read, stored, and shared is in Section 4.1 of the Privacy Policy.
Harvv's use of any information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. Specifically:
- We use Google user data only to provide and improve the user-facing features prominently described in our product (revenue attribution, channel-quality cases, device-conversion gap cases, search performance, ad spend and measured return on ad spend, and similar diagnostics).
- We do not transfer or sell Google user data to third parties, including advertising platforms, data brokers, or information resellers. The only transfers are the ones you direct when you use Harvv's AI assistant features, described in Section 4.1.4 of the Privacy Policy, which are necessary to provide those features to you.
- We do not use Google user data to serve advertising of any kind, including retargeting, personalized, or interest-based advertising.
- We do not use Google user data to determine credit-worthiness or for any lending purpose.
- We do not permit humans to read Google user data except where (a) you give explicit affirmative consent for a specific support case, (b) we are required to do so by law, (c) it is necessary for narrow security operations or abuse-prevention, or (d) the data has been de-identified and aggregated such that it cannot be associated with an individual user.
- We do not use Google user data to develop, improve, or train any generalized AI or machine-learning model.
You may revoke this authorization at any time, either inside Harvv (Settings → Integrations → Disconnect) or directly through your Google Account (myaccount.google.com/permissions). After you disconnect, Harvv deletes the stored refresh token immediately. The data already retrieved through that connection is retained for a grace period so an accidental disconnect can be reversed by reconnecting, and are permanently purged within 90 days.
This Section 8.1 is a binding part of the Terms whenever a Google integration is connected to your account. If a court of competent jurisdiction finds any portion of Section 8.1 unenforceable, the remainder of Section 8.1 — and of these Terms — remains in effect.
9. Intellectual Property
The Service, including the pixel script, analysis algorithms, pattern library, and user interface, is owned by Olivas Venture Capital LLC. You receive a limited, non-exclusive, non-transferable license to use the Service according to your plan.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DETECTED ISSUES OR FIX RECOMMENDATIONS WILL BE ACCURATE OR COMPLETE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
12. Indemnification
By you. You agree to indemnify, defend, and hold harmless Harvv and its officers, members, and employees from and against any third-party claims, damages, and reasonable costs (including attorneys' fees) arising from: (a) your violation of these Terms or of applicable law; (b) your failure to make the disclosures or obtain the consents described in Section 7, including any claim by a visitor to your site that their data was collected without required notice or consent where the pixel was operating as you configured it; (c) content on or the operation of your own websites; or (d) your violation of any third party's rights.
By us. We agree to indemnify, defend, and hold you harmless from and against third-party claims, damages, and reasonable costs (including attorneys' fees) to the extent arising from: (a) our processing of visitor data materially outside the service-provider commitments in Section 5; or (b) a security breach of Harvv's own systems caused by our failure to maintain the safeguards described in our Privacy Policy. Our indemnification obligations are subject to the limitation of liability in Section 11, except where the claim arises from our willful misconduct.
Process. The indemnified party must promptly notify the indemnifying party of any claim, allow the indemnifying party to control the defense, and reasonably cooperate. The indemnifying party may not settle a claim in a way that imposes obligations on the indemnified party without its consent.
13. Modifications
We may update these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use after changes constitutes acceptance.
14. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Denton County, Texas.
15. Contact
Olivas Venture Capital LLC d/b/a Harvv
Denton County, Texas
Email: jordan@harvv.com