Terms of Service

Last Updated: January 11, 2025

Please read these Terms of Service (these "Terms") carefully, as they constitute a legally binding agreement between Datawave Inc., a Delaware corporation doing business as Coval ("Coval," "we," "us" or "our") and an end-user ("you" and "your") and apply to your use of our website and Services (as defined below). In case you are utilizing the Services as a representative of a party (e.g., your employer or customer, collectively the "Client"), your acceptance of these Terms also binds the Client.

This is a binding agreement. If you use the Services or click accept or agree to these Terms if presented to you in a user interface for the Services, or you have signed a subscription agreement that serves as a master agreement, you are legally bound by the obligations in these Terms. If you are entering into these Terms on behalf of a Client, you represent and warrant that you have the authority to bind the Client to these Terms, and any reference to "you" and "your" will refer and apply to that party. If you do not agree to all of these Terms, you shall not use the Service and you should not set up an Account (as defined).

By agreeing to these Terms, you expressly agree that except for limited circumstances, the parties will only resolve disputes by arbitration, solely on an individual basis.

1. Acceptance of these Terms

You hereby agree to accept these Terms by opening an account under a username, notwithstanding any existing services agreement to which you may also be signatory which incorporated these Terms by reference.

You also agree to abide by other Coval rules and policies, including our Privacy Policy (which explains what information we collect from you and how we protect it) that are expressly incorporated into and are a part of these Terms. Please read them carefully.

2. Using the Services

a. Right to Use and License

Subject to your compliance with these Terms, Coval hereby grants you a non-exclusive, non-transferable, non-assignable non-sublicensable and revocable right to use the Services solely for the purposes of utilizing our Service to evaluate, test, and monitor AI agents and solely in the manner described in these Terms and in any technical documentation contained in, or provided with, the Services.

b. What We Provide

The Services include but are not limited to a hosted software solution ("Platform") that allows you to:

• Test and evaluate AI agents through automated simulation

• Generate and analyze test scenarios

• Monitor AI agent performance in production

• Create and track custom metrics

• Generate evaluation reports and insights

Our Platform processes agent interactions through multiple stages:

• Scenario generation and simulation

• Performance analysis and metrics tracking

• Production monitoring and alerting

• Data storage and visualization

c. Third-Parties

Our services integrate with third-party providers ("Providers") including:

• GitHub for CI/CD integration

• Cloud providers for infrastructure

• Authentication providers

• AI service providers for testing

• Notification services (e.g., Slack) for alerts

You understand and agree that when you use the various aspects of the Services, we will be sharing Your Content with each Provider, subject to each Provider's individual terms and conditions.

d. Use Restrictions

You agree not to:

1. License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services in any way

2. Modify or make derivative works based upon the Services

3. Build a competitive product or service

4. Copy, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Services

5. Access the Services for the purpose of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes

6. Use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material

3. Creating an Account

a. Registration

To access the Services, you must register and obtain login credentials for an account ("Account") and provide information as prompted by the account registration flow. You represent and warrant that: (a) all registration information you submit is truthful and accurate; and (b) you will maintain and promptly update such information to keep it true, accurate, current and complete. You may delete your Account at any time, for any reason in accordance with Section 7(b).

b. Eligibility

The Services are only available to end-users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you are at least 18 years of age or over the age of majority in the state or country where you are a resident or citizen. You are not eligible to be a Client or an end-user if you are barred from using the Services under the laws of the United States or any other applicable jurisdiction.

c. User Information & Credentials

When you create an Account with Coval, you will be asked to authenticate through our identity provider. You acknowledge and agree that you are exclusively responsible for the security and confidentiality of your login credentials and for all use of the Services and all related charges that may arise from such use of the Services in connection with your login credentials, with or without your knowledge. You may not share your Account with anyone, and you agree to notify Coval immediately of any actual or suspected unauthorized use of your Account or any other breach of security as related to the Services. Each end user must maintain their own credentials.

4. Intellectual Property Rights, Ownership and Grants

a. Your Content

When you utilize our Service, all materials uploaded to or transmitted via the Platform is your content ("Your Content"). You own all rights and title in Your Content, including any Intellectual Property Rights. Coval does not claim any ownership of Your Content or assert any rights under your Intellectual Property Rights other than as granted under these Terms.

b. Rights You Grant Us

You hereby grant Coval a worldwide, royalty-free, sublicensable license to host, store, cache, use, display, reproduce, modify, adapt, edit, analyze, transmit, and distribute ("Handle") Your Content during the Term. This license to Handle is solely for the purpose of us and our Providers providing you the Services.

The specific information you permit us to Handle is determined by customizable settings that are in your control.

c. Coval's Rights

The Services utilize technology, capabilities and contain certain materials provided by us as well as our licensors, including but not limited to, all proprietary testing frameworks, simulation environments, content, information, software, images, text, graphics, illustrations, logos, and as applicable audio and video. Coval and its licensors reserve all ownership and Intellectual Property Rights to all parts of our Services.

d. Rights Granted to Third Parties

Providers that deliver part of our Services, whether pursuant to a contract directly with you or through us, require rights to Handle Your Content as applicable to the service they provide. Each Provider has its own contractual terms that apply.

e. Test Set Privacy

Your test sets, scenarios, and evaluation criteria are strictly confidential and private to your account. We will not share your test sets with other customers or use them to train our own models or systems. Each customer's testing environment and data remain completely isolated from other customers.

5. Aggregate Stats

Coval shall monitor your use of the Services, including the Platform, and collect and compile data and information related to all such use in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Platform ("Aggregated Statistics"). Such Aggregated Statistics are wholly owned by the Company with all rights reserved and may be used for operating, developing, providing, promoting, and improving the Services.

[Sections 6-18 remain largely unchanged from the original, focusing on standard legal terms]

19. Data Protection and Security

a. Data Processing

Coval processes the following types of data:

• Test scenarios and simulation results

• Agent interaction transcripts and recordings

• Performance metrics and analytics

• Custom evaluation criteria

• Production monitoring data

• User account information

b. Security Measures

We implement industry-standard security measures including:

• Encryption of data in transit and at rest

• Secure access controls

• Regular security audits

• Monitoring and logging

c. Data Retention

• Test data is retained according to user settings

• Account data is retained while account is active

• Analysis outputs are retained per user configuration

20. Agent Testing and Evaluation

a. Test Results

You acknowledge that test results and evaluations provided by the Platform are for informational purposes and should be validated in your specific context.

b. No Guarantee

While our system is built to detect regressions in AI agent performance, the identification and resolution of issues causing these regressions is solely the responsibility of the customer. We do not guarantee that our testing will identify all potential issues or edge cases in your AI agents.

c. Your Responsibility

You are responsible for:

• Defining appropriate test scenarios

• Setting acceptable performance thresholds

• Monitoring production deployments

• Making final decisions about agent deployment

21. Final Terms

These Terms, along with any Coval ordering document such as master agreement, or as found on Coval's website, make up the final, entire, and exclusive agreement between you and Coval with respect to the subject matter hereof and supersede any prior agreements and discussions, both written and oral, with respect to such subject matter. No purchase order or other document issued by you in respect of our Services shall control.

22. Contact Us

Coval welcomes comments, questions, concerns, or suggestions. Please send us any inquiries at support@coval.dev or find more information about us by visiting our Documentation.