Terms of Service

The agreement

These terms are an agreement between you and WebAnalyticsInc, a business based in Castle Rock, Colorado, USA ("we", "us"). They cover webanalyticsinc.com and every product on a webanalyticsinc.com address. By creating an account or using a product, you agree to them. If you use our products for a company, you confirm you're allowed to accept these terms for it, and "you" means that company too.

Our Privacy Policy explains how we handle personal information and is part of these terms.

Your account

• You must be at least 16, and old enough to enter a contract where you live.
• Give accurate details and keep them up to date, especially your e-mail address. We use it for important notices.
• Keep your password safe, and turn on two-step sign-in where it's offered. You're responsible for what happens under your account. Tell us straight away if you think someone else has got in.
• One login is for one person. To add people, use the team features.

Plans, billing and cancelling

• Some products have a free plan. Paid plans are billed in advance, monthly or yearly, through Stripe, and renew automatically until you cancel.
• You can cancel at any time in your billing settings. You keep the paid plan until the end of the period you've paid for, then move to the free plan or the account closes. We don't refund part-used periods, unless the law requires it or we say otherwise in writing.
• Prices are shown on each product's pricing page. If we raise the price of a plan you're on, we'll tell you at least 30 days ahead, and the new price applies from your next renewal after that. You can cancel before it does.
• Prices don't include sales tax, VAT or similar taxes unless they're shown as included. Where we have to charge those taxes, we add them to your invoice.
• If a payment fails, we'll tell you and try again. If it still isn't paid, we may limit the account to the free plan's features until it is.

Selling with Online Store

If you run a store on shop.webanalyticsinc.com or on your own domain:

• You are the seller. The contract for each sale is between you and your customer. You're responsible for your products and their descriptions, delivery, returns and refunds, customer service, and any taxes you owe on your sales.
• Card payments go to your own Stripe account, under Stripe's terms for connected accounts. Stripe charges its own card-processing fees. Stores on the Free plan also pay WebAnalyticsInc a platform fee of 2% of each sale's product total; Starter and Business plans pay no platform fee. The fee is taken automatically when the payment is made.
• Your store needs its own refund, shipping, privacy and terms pages. We give you starter templates, but you must check that they're right for your business.
• You may not sell anything illegal, counterfeit, stolen or dangerous, or anything Stripe doesn't allow, and you may not mislead buyers.

Sending e-mail

Several products send e-mail for you, including newsletters, invoices, booking confirmations and receipts. Only send marketing e-mail to people who have agreed to receive it, include a working unsubscribe link, and follow anti-spam laws such as CAN-SPAM and GDPR. We may pause sending from an account that causes a high level of complaints or bounces.

Acceptable use

Don't use our products to:

• break the law, or help someone else do so;
• send spam, run phishing or scams, or spread malware;
• store or share content you don't have the right to, or content that is abusive, harassing, hateful or exploits anyone;
• collect other people's personal information without a lawful reason;
• probe, scan or test our systems for weaknesses without our written permission, or get round limits and security;
• overload the service, or scrape it with automated tools, except through the APIs we provide and within their limits;
• resell or rebrand the service without our written agreement.

Your content

You own what you put into our products. You give us permission to store it, copy it as needed for backups, display it to the people you choose, and process it, but only to run the service for you. Make sure you have the right to use everything you upload. If someone tells us your content infringes their rights, we may take it down while we look into it, and we'll let you know.

You can export your data from the products while your account is open. Please do so before you close it.

Our service

We work to keep every product available, fast and secure. But we don't promise the service will never be interrupted, unless we've signed a written service-level commitment with you. We may change, improve or retire features. If we remove something important you pay for, we'll give reasonable notice. If we shut down a paid product altogether, we'll refund the unused part of your plan.

We may use beta or early features we label as such. They may change or stop without notice.

Suspension and closing

You can close your account at any time. We may suspend or close an account that breaks these terms, isn't paid, or puts other people or the service at risk. Unless it's urgent or the law stops us, we'll warn you first and give you a chance to fix the problem. After an account closes, we delete its data as described in our Privacy Policy.

Warranties and liability

The products are provided "as is" and "as available". As far as the law allows, we don't give warranties beyond those in these terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

As far as the law allows, we aren't liable for indirect or consequential losses. That includes lost profits, revenue or data, and business interruption. Our total liability to you for any claim is limited to the amount you paid us in the 12 months before the claim, or US$100 if that's more. Nothing in these terms limits liability that can't legally be limited.

You agree to cover our reasonable costs if someone makes a claim against us because of your content, your store's sales, or your breach of these terms.

Law and disputes

These terms are governed by the laws of the State of Colorado, USA, and applicable US federal law. Please contact us first; most problems can be solved quickly. If we can't resolve a dispute informally, it will be decided by the state or federal courts serving Douglas County, Colorado, and both sides agree to those courts. If you're a consumer, you also keep any rights the law where you live gives you.

Changes and contact

We may update these terms. We'll post the new version here with a new effective date. If a change matters, we'll e-mail account holders at least 30 days before it takes effect. If you keep using the products after that, you accept the new terms. If you don't agree, you can close your account.

Questions: support@webanalyticsinc.com · WebAnalyticsInc, Castle Rock, Colorado, USA.