Terms and Conditions.

1. Introduction

Welcome to Pathformance. These Terms and Conditions govern your access to and use of the Pathformance website at www.pathformance.com, including the information, materials and resources made available through it.

Pathformance provides retail media measurement, analytics and campaign effectiveness solutions to brands, retailers, agencies and other business organisations.

By accessing or using our website, you agree to these Terms and Conditions. If you do not agree, please discontinue use of the website.

These terms apply primarily to the public website. Access to the PathX platform, measurement services and other commercial engagements may be subject to separate written agreements.

2. About Pathformance

Pathformance is a US-based business and part of the Komerz group of companies.

Business name: Pathformance.

Business address: 4851 Tamiami Trail N., #200, Naples, Florida 34103, United States.

Website: www.pathformance.com. Email: hello@pathformance.com.

Pathformance specialises in retail media measurement and analytics, helping organisations understand campaign performance and evaluate incremental sales impact using retail sales data and analytical methodologies.

3. Scope of Services

Pathformance provides technology and professional services relating to retail media measurement and campaign performance analysis.

Information provided on our website describes our capabilities and services. It does not constitute a binding offer or guarantee of specific results.

The scope, deliverables, fees, timelines and commercial terms of any services will be agreed separately in writing between Pathformance and the relevant customer.

Where a separate written agreement applies, that agreement will govern the services it covers and take precedence over these website terms in the event of any conflict.

• Retail media measurement and incrementality analysis.
• Campaign effectiveness reporting and analytics.
• Store-level and SKU-level sales performance insights.
• Retail and advertising data analysis.
• Measurement methodologies and related technology solutions.
• Consulting, demonstrations and support relating to PathX and associated services.

4. Use of Our Website

You agree to use the Pathformance website lawfully and responsibly. We reserve the right to restrict access where reasonably necessary to protect our systems, users or legal rights.

• Do not use the website for unlawful, fraudulent or misleading purposes.
• Do not attempt to gain unauthorised access to our systems or infrastructure.
• Do not introduce malicious software or interfere with website security or availability.
• Do not copy, scrape, reproduce or commercially exploit protected content without authorisation, except where permitted by law.
• Do not misrepresent your identity or submit false information through website forms.

5. Website Information and Accuracy

We make reasonable efforts to ensure that information published on our website is accurate and up to date. However, website content is provided for general business information and may change without notice.

Examples, performance figures, case studies, projected outcomes and descriptions of potential benefits are illustrative unless expressly stated otherwise.

Actual measurement results and commercial outcomes may vary depending on data availability, campaign characteristics, methodology and market conditions.

Nothing on this website guarantees increased sales, advertising performance, return on investment or other commercial outcomes.

6. Intellectual Property Rights

Unless otherwise stated, the Pathformance website and its content, including text, graphics, branding, logos, designs, software descriptions, methodologies and other materials, are owned by or licensed to Pathformance or their respective rights holders.

All applicable intellectual property rights are reserved. You may access website materials for legitimate internal business evaluation and informational purposes.

You may not reproduce, distribute, modify, publish, commercially exploit or create derivative works from protected materials without prior written permission, except where permitted by law.

Pathformance, PathX and associated names and branding may be trademarks or other protected identifiers of their respective owners.

Nothing in these terms grants ownership of or a licence to our intellectual property beyond the limited rights necessary to use the public website.

7. Demonstrations and Enquiries

You may submit an enquiry or request a demonstration through our website. When doing so, you agree to provide accurate and relevant business contact details.

Submitting a form or requesting a demonstration does not create a contractual relationship or oblige Pathformance to provide services.

We may contact you to respond to your enquiry, discuss your requirements or arrange a demonstration.

Personal information submitted through our website will be handled in accordance with our Privacy Policy.

8. Confidentiality

During business discussions, demonstrations or other interactions, either party may receive information identified as confidential or which should reasonably be understood to be confidential.

Where confidential information is shared, the receiving party should use reasonable care to protect it and should not disclose it to unauthorised third parties, except where permitted or required by law.

Any separate non-disclosure agreement, customer agreement or other written confidentiality arrangement will take precedence over this section.

Please do not submit confidential commercial information, third-party personal data or sensitive information through general website forms unless specifically requested through an appropriate secure channel.

9. Data Protection and Privacy

Pathformance is committed to handling personal information responsibly and in accordance with applicable data protection and privacy legislation.

Our Privacy Policy explains how we collect, use, disclose and protect personal information relating to website visitors, prospective customers and business contacts.

Privacy Policy: https://www.pathformance.com/privacy-policy

Where Pathformance processes customer or partner data in connection with measurement or analytics services, relevant contractual arrangements, data processing agreements and applicable laws will govern those activities.

10. Third-Party Websites and Services

Our website may contain links to websites, platforms or services operated by third parties. These links are provided for convenience or information only.

We do not control third-party websites and are not responsible for their availability, content, security or privacy practices.

Accessing third-party websites is at your own discretion. We encourage you to review their applicable terms and privacy policies.

11. Website Availability and Security

We aim to maintain a reliable and secure website but do not guarantee uninterrupted or error-free access.

We may modify, suspend or discontinue website features, content or availability where reasonably necessary for maintenance, security, technical or business reasons.

You are responsible for taking reasonable precautions to protect your devices, systems and information when accessing online services.

12. Disclaimer of Warranties

To the extent permitted by applicable law, the website and its publicly available content are provided on an "as is" and "as available" basis.

Pathformance makes no representation or warranty that the website will be uninterrupted, completely secure, free from errors or suitable for every user's particular requirements.

Descriptions of services, capabilities and methodologies are provided for general informational purposes and should not replace a separately agreed statement of work or services agreement.

Nothing in this section excludes any warranty or right that cannot lawfully be excluded.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Pathformance will not be liable for indirect, incidental, special or consequential losses arising from use of, or inability to use, the public website.

This may include loss of profits, revenue, business opportunities or data, where such exclusions are legally permitted.

Any liability relating to paid Pathformance services will be governed by the applicable written customer agreement rather than these website terms, unless expressly agreed otherwise.

Nothing in these terms excludes or limits liability that cannot legally be excluded or restricted.

14. Indemnification

Where permitted by applicable law, users may be responsible for losses or claims resulting from unlawful website use or material breaches of these terms.

Indemnification obligations relating to commercial services will be governed by the relevant written agreement.

15. Force Majeure

Pathformance will not be responsible for delays or failures in performing obligations under these website terms caused by circumstances beyond its reasonable control, to the extent permitted by law.

Such circumstances may include natural disasters, widespread telecommunications failures, significant cyber incidents, government restrictions or other disruptive events.

Force majeure provisions relating to commercial services will be governed by the applicable customer agreement.

16. Governing Law and Jurisdiction

These website terms are governed by the laws of the State of Florida, United States, and any dispute arising from use of the website will be subject to the jurisdiction of the courts located in Florida.

The governing law and dispute resolution arrangements for commercial services will be determined by the relevant written customer agreement.

Nothing in these terms is intended to override mandatory legal protections applicable in a user's jurisdiction.

17. Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision will be limited or removed to the minimum extent necessary.

The remaining provisions will continue in effect to the extent permitted by law.

18. Changes to These Terms

We may update these Terms and Conditions periodically to reflect changes in our website, business activities, technology or legal requirements.

The latest version will be published on this page with an updated effective date.

Your continued use of the website after revised terms take effect constitutes acceptance of those changes to the extent permitted by applicable law.

19. Contact Information

For questions about these Terms and Conditions or the Pathformance website, please contact:

Pathformance, 4851 Tamiami Trail N., #200, Naples, Florida 34103, United States.

Email: hello@pathformance.com

Website: www.pathformance.com

These Terms and Conditions apply to the public Pathformance website. Commercial services, platform access, customer data processing and related obligations may be governed by separate agreements.