Terms of Service

Last Updated: October 23, 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. By executing a signed Order Form, clicking "Subscribe" for any subscription available at app.coval.dev/plans, or otherwise indicating acceptance via an online registration page, you agree to these Terms and Conditions and represent that you are at least 18 years of age and are legally able to enter into a contract. If you are using the Services as an employee, contractor, or agent of a company, corporation, partnership or similar entity, then you must be authorized to sign for and bind the entity.

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

Overview and Services
Coval provides an AI evaluation platform which allows you to input test cases or conversations (collectively, "Inputs") to assist you in evaluating AI agents ("Outputs"). The Services are powered by a combination of Coval's proprietary machine learning and large language models (LLMs) provided by third-party AI platforms, such as OpenAI ("Third-Party LLM Providers").
Services Include:
- 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

You understand and agree that any information contained on, or Outputs generated by, the Services is not guaranteed to be correct, complete or up-to-date.

Access and License
Upon execution of an Order Form or acceptance of a subscription, Coval grants you a nonexclusive, limited, personal, nonsublicensable, nontransferable right to access and use the Services during the subscription term. You may only use the Services for your internal business purposes and only in accordance with Coval's official user documentation (the "Documentation").
Third-Party Integrations
Our Services integrate with third-party providers ("Providers") including:
- GitHub for CI/CD integration
- Cloud providers for infrastructure
- Authentication providers
- AI service providers for metric evaluation (OpenAI)
- Notification services (e.g., Slack) for alerts

You understand and agree that when you use various aspects of the Services, we will share Your Content with each Provider, subject to each Provider's individual terms and conditions. You agree that your use of the Services will not breach or violate any Third-Party Services' terms, policies or other agreements, including OpenAI's Service Terms, Sharing & Publication Policy and Usage Policies.

Creating an Account
a. Registration
To access the Services, you must register and obtain login credentials for an account ("Account"). 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. You may delete your Account at any time.
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 your jurisdiction. You are not eligible if you are barred from using the Services under applicable law.
c. Account Security
You are exclusively responsible for the security and confidentiality of your login credentials and for all use of the Services in connection with your login credentials. You may not share your Account with anyone, and you agree to notify Coval immediately of any actual or suspected unauthorized use.
Subscription Terms and Pricing
a. Subscription Tiers
Services are offered through various subscription tiers, each with specific capacity limits for voice simulation minutes, chat conversations, and evaluation metrics. Specific capacities are detailed in your Order Form or subscription selection.
b. Capacity and Rollover
For annual subscriptions, any unused capacity in a given month will roll over and be available in subsequent months within the same subscription term. Monthly capacity limits may apply depending on your subscription tier.
c. Overage Charges
If you exceed your subscription capacity, overage charges will apply at the rates specified in your Order Form.
d. Professional Services
Upon payment of applicable fees, Coval will provide professional services as described in your Order Form.
If Coval provides professional services in excess of agreed-upon hours or provides additional services beyond those in an Order Form, you will pay Coval at its then-current hourly rates.
Fees and Payment
You shall pay Coval the fees set forth in your Order Form. You authorize Coval to charge your provided credit card for all Services listed in the Order Form for the initial subscription term and any renewal subscription terms. Charges are made in advance according to your subscription or invoice frequency stated in your Order Form.
If the Order Form specifies payment by a method other than credit card, Coval will invoice you in advance. Payments are payable in U.S. dollars within thirty (30) days from the invoice date (Net 30). Coval uses Stripe as its payment processor, and by using the Services, you agree to be bound by Stripe's Services Agreement.
Past due invoices are subject to interest of the lesser of 1.5% per month or the maximum permitted by law. You are responsible for all taxes associated with the Services (excluding taxes based on Coval's net income). All Fees paid are non-refundable and are not subject to set-off.
Coval reserves the right to amend Fees upon renewal by providing notice to you. Your continued use constitutes acceptance of amended fees. If you do not agree to amended Fees, you may not continue using the Services.
Intellectual Property and Data Ownership
a. Your Content and Customer Data
"Customer Data" means all Inputs and all other data, information and materials provided, uploaded, or submitted by you to the Services and all Outputs generated therefrom. You retain all right, title and interest in and to Customer Data, including all intellectual property rights therein.
You hereby grant Coval a worldwide, royalty-free, sublicensable license to host, store, cache, use, display, reproduce, modify, adapt, edit, analyze, transmit, and distribute your Customer Data during the Term solely for the purpose of providing you the Services.
b. 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.
c. Coval's Rights
Coval retains all right, title, and interest in and to the Services and all software, products, works, and other intellectual property related thereto, including any copies and derivative works. No rights or licenses are granted except as expressly set forth in this Agreement.
d. Anonymized Data
Coval may monitor your use of the Services and collect and compile data in an aggregate and anonymized manner ("Anonymized Data"). Anonymized Data means logs, metadata, statistics, and other data that are anonymized or aggregated such that they are not identifiable with you, your customers or any natural person. Coval owns all right, title and interest in Anonymized Data and may use it for operating, developing, providing, promoting, and improving the Services.
Use Restrictions
You agree not to:
- License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Services
- Modify or make derivative works based upon the Services
- Build a competitive product or service
- Copy, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code
- Access the Services for benchmarking or competitive purposes
- Use the Services to store or transmit infringing, libelous, or unlawful material
- Interfere with the proper working of the Services
- Bypass any measures to prevent or restrict access to the Services
- Represent that any Output is human-generated
- "Crawl," "scrape," or "spider" any page, data, or portion of the Services
Customer Responsibilities
You are solely responsible for the accuracy, quality, integrity, legality, reliability and appropriateness of all Customer Data. You shall ensure that you have given all notices and obtained all rights, permissions and consents necessary to use the Services and to provide Customer Data to Coval for use as contemplated by this Agreement.
You are solely responsible for all of your activity in connection with the Services and all activity associated with user accounts provisioned to you, including uploading Customer Data. You shall use the Services in compliance with this Agreement and all applicable laws, treaties, regulations and professional standards.
You shall ensure that Customer Data does not contain special categories of data, sensitive data or sensitive personal information under applicable privacy or data protection law, or Personal Data of children under the age of 16, unless you have the appropriate rights and consents to process such data.
You shall indemnify, defend and hold harmless Coval from any damages, losses, liabilities, settlements and expenses (including reasonable attorneys' fees) arising from any violation of the foregoing or otherwise from your use of Services.
Messaging and Call Functionality
Coval does not initiate communications with individuals directly. All SMS messages and phone calls made through the Coval platform are initiated solely by your configurations and actions (e.g., launching an evaluation). These communications are directed exclusively to your own AI agent or to authorized test endpoints for simulation, testing, and evaluation purposes.
By using Coval's messaging or calling features, you acknowledge and agree that:
- Communications (including SMS and voice calls) are triggered only by your explicit actions
- Any phone numbers you provide are under your control or used with proper authorization
- No unsolicited, recurring, or promotional communications are made to any party
- You are solely responsible for ensuring appropriate consent where required

Coval functions solely as a technical intermediary and assumes no responsibility for the content, timing, or legality of communications initiated via the platform.

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 your responsibility. 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
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. Personal Data
Insofar as Customer Data includes information relating to an identified or identifiable natural person ("Personal Data"), the processing of such Personal Data by Coval shall be governed by the Coval Data Processing and Transfer Agreement ("Coval DPTA"), which forms an integral part of this Agreement.
Confidentiality
"Confidential Information" means all information provided by one party to the other that is: (a) proprietary and/or non-public information related to business activities, including business plans, strategy, pricing, or financial information; (b) the terms of this Agreement; and/or (c) any other information designated as confidential. Confidential Information of Coval includes the Services and Anonymized Data. Confidential Information of Customer includes Customer Data.
Each party shall: (1) use the same standard of care to protect Confidential Information as it uses for its own confidential information, but not less than a commercially reasonable standard; (2) not use Confidential Information other than as permitted under this Agreement; and (3) not disclose Confidential Information to any third party, except as permitted by this Agreement or to the extent necessary to comply with applicable law.
Confidential Information does not include information that: (i) is or becomes generally known to the public; (ii) was rightfully disclosed by a third party; (iii) was already in the receiving party's possession without restriction; or (iv) was independently developed without reference to Confidential Information.
Subscription Term and Termination
Unless earlier terminated, this Agreement begins on the effective date of the first Order Form and ends upon expiration of the last active Order Form. Unless otherwise provided or earlier terminated, each Order Form subscription term automatically renews for successive renewal subscription terms of equal duration to the initial subscription term unless either party provides notice of non-renewal prior to the end of the then-current subscription term, or, for subscription terms longer than one month, at least thirty (30) days prior to the end of the then-current subscription term.
Either party may terminate this Agreement for the other party's material breach that remains uncured thirty (30) days (ten (10) days for one-month subscription terms) after the terminating party provides notice of such breach. Coval may suspend your access if your account is more than sixty (60) days past due.
All provisions that by their nature should survive termination shall survive, including accrued payment obligations, confidentiality obligations, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability.
Indemnification
Each party shall indemnify, defend and hold harmless the other party from all liabilities, claims, and expenses paid or payable to an unaffiliated third party (including reasonable attorneys' fees) that arise from or relate to any claim that (a) in the case of Customer as indemnitor, Customer Data or Customer's use of the Services infringes, violates, or misappropriates any third-party intellectual property, proprietary or contractual right or violates any applicable law, or (b) in the case of Coval as indemnitor, the Services infringe, violate, or misappropriate any third-party intellectual property or proprietary right.
Indemnification obligations are conditioned upon the indemnitee providing: (i) prompt written notice; (ii) the option to assume sole control over defense and settlement; and (iii) reasonable information and assistance.
Coval's indemnification obligations do not apply to information, technology, materials or data not created or provided by Coval (including Customer Data), made according to Customer specifications, modified after delivery by Coval, combined with other products not provided by Coval, or where Customer continues allegedly infringing activity after being notified.
WARRANTY AND DISCLAIMER
Coval will provide the Services in a professional and workmanlike manner. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
OUTPUTS MAY CONTAIN INACCURATE OR INCOMPLETE INFORMATION AND COVAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT THERETO. YOU ARE RESPONSIBLE FOR ALL DECISIONS MADE, ADVICE GIVEN, ACTIONS TAKEN, AND FAILURES TO TAKE ACTION BASED ON USE OF THE SERVICES. YOU ARE ADVISED TO SAFEGUARD CUSTOMER DATA AND NOT TO RELY ON THE CORRECT FUNCTIONING OF THE SERVICES OR TO USE THE SERVICES AS A DATABASE.
LIMITATION OF LIABILITY
EXCEPT FOR EACH PARTY'S INDEMNIFICATION OBLIGATIONS, EACH PARTY'S CONFIDENTIALITY OBLIGATIONS RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND CUSTOMER'S BREACH OF USE RESTRICTIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER ANY LEGAL THEORY FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; OR (B) FOR ANY DIRECT DAMAGES IN EXCESS OF THE FEES PAID BY CUSTOMER TO COVAL IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO A CLAIM.
EITHER PARTY'S AGGREGATE LIABILITY ARISING FROM INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS SHALL NOT EXCEED TWO TIMES (2X) THE GENERAL LIABILITY CAP. NOTHING IN THIS AGREEMENT WILL LIMIT A PARTY'S LIABILITY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute between the parties related to the subject matter of this Agreement will be resolved by binding arbitration in the English language in the State of California under the rules of JAMS. The decision of the arbitrator will be enforceable in any court.
Miscellaneous
This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior communications. In the event of a conflict between these Terms and any Order Form, such Order Form shall govern.
All notices under this Agreement will be sent via email to support@coval.dev and to the email address set forth in your Order Form. Notice will be treated as given on receipt.
No modification or amendment shall be effective unless agreed by both parties in writing. Neither party may assign any rights or obligations hereunder without the other party's consent, except that either party may assign all rights and obligations in connection with a sale of substantially all of such party's business relating to this Agreement.
Neither party shall be liable for failure to perform due to causes beyond its reasonable control, including elements, fire, flood, severe weather, earthquake, vandalism, accidents, sabotage, power failure, denial of service attacks, Internet failure, acts of God, acts of war, terrorism, riots, civil disturbances, strikes, pandemics, epidemics, or governmental acts.
No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement. In any action to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys' fees.
If any provision of this Agreement is held to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Contact Information
Coval welcomes comments, questions, concerns, or suggestions. Please contact us:
Email: support@coval.dev
Website: www.coval.dev
Documentation: docs.coval.dev