Terms of Service

Effective April 27, 2026

These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and services (collectively, the “Services”) made available by Vertria, Inc. (“Vertria,” “we,” “our,” or “us”), including the ProductMountain and Climber products and the website at productmountain.com. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. The Services

Vertria provides software and related services that help product and revenue teams analyze customer conversations and surface insights. Access to certain features may require a paid subscription governed by a separate written agreement (an “Order” or “Subscription Agreement”). In the event of a conflict between these Terms and a Subscription Agreement, the Subscription Agreement controls.

2. Eligibility

You may use the Services only if you can form a binding contract with Vertria and only in compliance with these Terms and all applicable laws. The Services are not intended for individuals under the age of 16.

3. Accounts

If you create an account or are granted access to the Services, you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to provide accurate information and to notify us promptly of any unauthorized use.

4. Acceptable Use

You agree not to, and not to permit any third party to:

  • Use the Services in violation of any law or third-party right.
  • Reverse engineer, decompile, or otherwise attempt to derive the source code of the Services, except to the extent expressly permitted by law.
  • Copy, resell, sublicense, rent, or otherwise commercially exploit the Services without our prior written consent.
  • Use the Services to send spam, malware, or other harmful code, or to interfere with the integrity or performance of the Services.
  • Attempt to gain unauthorized access to the Services or to any related systems, accounts, or data.
  • Use the Services to develop a competing product or service, or to benchmark against Vertria without our prior written consent.

5. Intellectual Property

The Services, including all software, content, designs, trademarks, and documentation, are owned by Vertria or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, Vertria grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for their intended purpose. All rights not expressly granted are reserved.

6. Customer Data

As between you and Vertria, you retain all rights in any data, content, or materials you submit to or generate through the Services (“Customer Data”). You grant Vertria a worldwide, royalty-free license to host, process, transmit, and use Customer Data solely as necessary to provide and improve the Services and as further described in your Subscription Agreement, if any. You are responsible for the accuracy and lawfulness of Customer Data and for ensuring you have all necessary rights and consents to provide it.

7. Feedback

If you choose to provide suggestions, feedback, or ideas about the Services, you grant Vertria a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback for any purpose without obligation to you.

8. Third-Party Services

The Services may interoperate with or contain links to third-party services that we do not control. Your use of any third-party service is subject to that third party’s terms, and we are not responsible for third-party services or their availability.

9. Fees and Payment

Fees, billing terms, and payment obligations for paid Services are set forth in your Order or Subscription Agreement. Except as expressly stated in those documents or required by law, fees are non-refundable.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. VERTRIA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY OUTPUTS WILL BE ACCURATE OR RELIABLE FOR YOUR PURPOSES.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VERTRIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF VERTRIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VERTRIA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO VERTRIA FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

12. Indemnification

You agree to defend, indemnify, and hold harmless Vertria and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your Customer Data, or your breach of these Terms.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, including for any breach of these Terms. Upon termination, your right to use the Services will cease immediately. Sections that by their nature should survive termination will survive.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or related to these Terms or the Services will be the state and federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will revise the “Effective” date above and, where appropriate, provide additional notice. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

16. Miscellaneous

These Terms, together with any Subscription Agreement and our Privacy Policy, constitute the entire agreement between you and Vertria regarding the Services. If any provision is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be deemed a waiver. You may not assign these Terms without our prior written consent; we may assign them without restriction.

17. Contact Us

Questions about these Terms? Contact us at hello@productmountain.com.

Vertria, Inc.
Attn: Legal