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By accessing, browsing, or using any part of the Services, you agree to these Terms and to the Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes both you and that organization. If you do not agree to these Terms, you must not access or use the Services.
A separate written master services agreement, order form, or data processing agreement between PILLAR and your organization (a “Separate Agreement”) may modify or supersede these Terms. In case of conflict, the Separate Agreement controls for the subject matter it covers; these Terms otherwise apply.
The Services include, without limitation:
PILLAR may add, modify, suspend, or discontinue any portion of the Services at any time, including for reasons of security, maintenance, performance, legal compliance, or product direction. Material changes affecting paid customers will be governed by the applicable Separate Agreement where one exists.
The Services are intended for use by persons at least 18 years of age acting on behalf of a for-profit or non-profit organization evaluating, purchasing, or operating revenue-facing software. You must not use the Services if you are barred from doing so under applicable law.
Where the Services require an account, you agree to provide accurate and current information, to maintain the confidentiality of your credentials, to enable multi-factor authentication when offered, and to promptly notify PILLAR of any suspected unauthorized access. You are responsible for all activity under your account.
If your organization provisions user accounts through a single-sign-on identity provider or SCIM-based directory, access to the Services is governed by the roles and group memberships configured in that identity provider as interpreted by PILLAR's role-based access controls.
You agree not to, and not to permit any user or third party to:
PILLAR may investigate and take appropriate action in response to violations, including suspension of access, removal of infringing content, and, where warranted, referral to law enforcement.
“Customer Data” means any data, content, signals, transcripts, recordings, or files that you or your users submit to the Services, or that PILLAR ingests on your authorization from a third-party system (for example, call-intelligence data ingested from Gong, CRM records from Salesforce or HubSpot, or calendar metadata from Google or Microsoft).
As between you and PILLAR, you own Customer Data. You grant PILLAR a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, analyze, and process Customer Data solely to the extent necessary to provide, maintain, secure, and improve the Services for you and to comply with law. PILLAR will not sell Customer Data, will not use identifiable Customer Data to train generally available machine-learning models, and will not disclose Customer Data to third parties except as instructed by you, as necessary to deliver the Services through PILLAR's sub-processors, or as required by law.
You are responsible for: (a) the lawfulness of your collection and provision of Customer Data; (b) obtaining and maintaining all notices, consents, and authorizations required from your users, employees, and contacts for PILLAR's processing; and (c) configuring the Services in a manner consistent with your legal and contractual obligations.
PILLAR may generate aggregated or de-identified statistics, benchmarks, and product telemetry from use of the Services. Such aggregated and de-identified data does not identify you or any individual and may be used by PILLAR to operate, analyze, benchmark, and improve the Services and to publish industry-level insights.
The Services integrate with third-party applications and services that you authorize (each, a “Third-Party Service”), including but not limited to Gong, Salesforce, HubSpot, Microsoft Dynamics, Google Workspace, Microsoft 365, Slack, Zoom, and others. Your use of a Third-Party Service is governed by your agreement with that provider. PILLAR is not responsible for the availability, content, security, or conduct of any Third-Party Service and makes no warranty with respect to it.
When you enable an integration, you authorize PILLAR to exchange Customer Data with the Third-Party Service through the scopes and endpoints declared at the time of connection, to hold access and refresh tokens issued by the Third-Party Service in encrypted form, and to act on your behalf within the limits of the scopes granted. You may revoke this authorization at any time through the Services' connector settings or by revoking PILLAR's access within the Third-Party Service. Revocation stops future data exchange but does not retroactively delete data already processed.
PILLAR honors provider-specific marketplace requirements for its integrations, including exclusion of items marked private by the originating user or owner, rate-limit and retry-after compliance, and audit-logging of each data-access event. Specific integration compliance statements are available on request.
Where the Services are provided free of charge, no fee applies. Where the Services are provided subject to a subscription, order form, or other commercial arrangement, fees, billing cycles, taxes, and payment terms are as set forth in the applicable order form or Separate Agreement. Unless stated otherwise: fees are quoted in United States dollars; payment is due net-30 from the invoice date; overdue amounts accrue interest at 1.0% per month or the maximum allowed by law, whichever is lower; and fees paid are non-refundable except where required by law or expressly stated in a Separate Agreement.
PILLAR may modify fees for a renewal term by giving written notice before the renewal date, as specified in the Separate Agreement. Usage-based fees, where applicable, are calculated from PILLAR's records of metered activity, which shall be authoritative absent manifest error.
As between you and PILLAR, PILLAR and its licensors own all right, title, and interest in and to the Services, including the underlying software, models, scoring rules, frameworks, user interfaces, documentation, trademarks, and any improvements, enhancements, or derivatives thereof. No rights are granted to you except the limited, non-exclusive, non-transferable, revocable license to access and use the Services during the term of these Terms solely for your internal business purposes and in compliance with these Terms.
PILLAR's trademarks and branding are governed by the License & Trademarks page. You may not use PILLAR's name, logos, or trademarks without PILLAR's prior written consent except to the limited extent permitted by applicable law.
If you provide PILLAR with feedback, suggestions, or ideas about the Services (“Feedback”), you grant PILLAR a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such Feedback for any purpose without obligation to you.
Each party (“Receiving Party”) may be exposed to information of the other party (“Disclosing Party”) that is marked or reasonably understood to be confidential (“Confidential Information”). The Receiving Party will use Confidential Information only to perform under or exercise its rights under these Terms, will protect it with the same degree of care it uses for its own confidential information of similar nature and in no event less than a reasonable standard of care, and will not disclose it to third parties except to its employees, contractors, and advisors who have a need to know and are bound by confidentiality obligations at least as protective as these Terms.
Confidential Information does not include information that is: (a) publicly available through no breach of these Terms; (b) known to the Receiving Party before disclosure, without an obligation of confidentiality; (c) independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information; or (d) rightfully received from a third party without a duty of confidentiality.
PILLAR processes personal data in accordance with its Privacy Policy and, where applicable, its Data Processing Agreement. PILLAR maintains administrative, technical, and physical safeguards designed to protect Customer Data, including encryption of data in transit and at rest, access controls with least-privilege defaults, audit logging of privileged operations, and periodic review of its sub-processors (see Sub-Processors).
Both parties will comply with applicable data-protection laws, including the EU General Data Protection Regulation, the UK GDPR, the California Consumer Privacy Act as amended by the California Privacy Rights Act, and other applicable state, national, and sectoral privacy laws. Where required, the parties will execute or incorporate standard contractual clauses and additional safeguards to lawfully transfer personal data across jurisdictions.
PILLAR warrants that the Services will be provided in a professional and workmanlike manner in accordance with generally accepted industry standards. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR IN A SEPARATE AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PILLAR DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
PILLAR does not warrant that the Services will be uninterrupted, error-free, or secure against every threat; that the results of any scoring, recommendation, or forecast will produce any particular business outcome; or that any Third-Party Service will remain available, accurate, or compatible. Recommendations, scores, forecasts, and insights produced by the Services are decision-support outputs and do not constitute legal, financial, investment, medical, or other professional advice.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, WHETHER IN CONTRACT, TORT, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR A PARTY'S INDEMNIFICATION OBLIGATIONS, BREACH OF CONFIDENTIALITY, OR VIOLATION OF THE OTHER PARTY'S INTELLECTUAL-PROPERTY RIGHTS, EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID OR PAYABLE BY YOU TO PILLAR UNDER THE APPLICABLE ORDER FORM IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100). THE FOREGOING LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify, and hold harmless PILLAR and its officers, directors, employees, and agents from and against any third-party claim, demand, or proceeding (and pay any damages and reasonable attorneys' fees finally awarded or agreed in settlement) arising out of or related to: (a) your breach of these Terms; (b) your violation of applicable law; (c) Customer Data or your use of the Services in a manner that infringes or misappropriates third-party rights; or (d) your use of any Third-Party Service in conjunction with the Services.
PILLAR will defend you against any third-party claim alleging that the Services, as provided by PILLAR and used by you in accordance with these Terms, infringe a valid United States intellectual-property right, and will pay damages and reasonable attorneys' fees finally awarded or agreed in settlement. PILLAR's indemnity does not apply to claims arising from Customer Data, modifications not authorized by PILLAR, combinations of the Services with items not provided by PILLAR, or continued use after PILLAR has provided a non-infringing alternative.
The indemnified party will promptly notify the indemnifying party of the claim, tender sole control of the defense and settlement to the indemnifying party, and reasonably cooperate in the defense. The indemnifying party will not settle a claim in a manner that imposes an obligation or admission on the indemnified party without the indemnified party's prior written consent, not to be unreasonably withheld.
These Terms continue for as long as you access or use the Services. Either party may terminate these Terms or any specific order or subscription for material breach that is not cured within thirty (30) days of written notice describing the breach.
PILLAR may suspend your access immediately, with or without notice, if it reasonably believes that your use of the Services: (a) violates applicable law; (b) poses a security or integrity risk to PILLAR, its customers, or their data; or (c) constitutes a material breach of these Terms. PILLAR will use reasonable efforts to notify you of a suspension and to restore access when the underlying condition is resolved.
Upon termination, your right to access and use the Services ends. Sections that by their nature should survive termination will do so, including ownership, confidentiality, warranty disclaimers, limitation of liability, indemnification, governing law, and any accrued payment obligations. PILLAR will, on your written request made within thirty (30) days of termination, make Customer Data available for export in a commercially reasonable format; after that period PILLAR may delete Customer Data in accordance with its retention practices and applicable law.
PILLAR may update these Terms from time to time. If a change is material to your use of the Services, PILLAR will provide notice by updating the “Effective” date at the top of this page and, for paid customers, by email to the operations contact on file or through in-product notification. Your continued use of the Services after the effective date of an updated version constitutes your acceptance of the updated Terms. If you object to the updated Terms, your remedy is to stop using the Services.
These Terms are governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-laws rules and without application of the United Nations Convention on Contracts for the International Sale of Goods.
The parties will first attempt to resolve any dispute arising out of or related to these Terms informally by good-faith discussion for at least thirty (30) days after written notice of the dispute. If the dispute is not resolved, the parties submit to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware, and each party waives any objection based on venue or forum non conveniens. Each party irrevocably waives any right to a jury trial. Neither party may bring a claim as a class member, class representative, or in any other representative capacity, and any arbitration or litigation will proceed only on an individual basis.
Nothing in this section prevents either party from seeking injunctive or equitable relief from a court of competent jurisdiction for infringement of intellectual-property rights or breach of confidentiality.
These Terms, together with the Privacy Policy, any applicable Separate Agreement, and any order forms or schedules, constitute the entire agreement between you and PILLAR regarding the Services and supersede all prior or contemporaneous understandings on that subject.
If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force and effect and the unenforceable provision will be modified to the minimum extent necessary to render it enforceable.
You may not assign or transfer these Terms or any rights or obligations hereunder without PILLAR's prior written consent. PILLAR may assign these Terms without consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.
The parties are independent contractors. These Terms do not create any partnership, joint venture, employment, or agency relationship.
Neither party is liable for a failure or delay in performance caused by conditions beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disruption, natural disaster, pandemic, or failures of telecommunications or upstream infrastructure.
Notices to PILLAR must be in writing and sent to eli@pillargtm.com. PILLAR may provide notice to you through the email on file with your account or by in-product notification.
You represent that you are not subject to any United States, United Nations, or European Union sanctions, and that you will not use the Services in violation of any export-control or sanctions law.
The failure of either party to enforce any right or provision is not a waiver of future enforcement of that right or provision.
These Terms are drafted in English. Any translation is provided for convenience; the English version controls.
Questions about these Terms may be directed to PILLAR GTM, Inc. at eli@pillargtm.com, or via the inquiry form on the About page.
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