The short version: our apps are tools that help you run your business, but you stay in charge of it. Check that each app works for your needs, review what it produces before you act on it (especially anything about tax, payroll, money, shipping, ads or legal documents), keep your own backups, and tell us quickly when something looks wrong. The service is provided “as is”, and our liability is limited as explained below. Please read the full terms; they are what count.
1. The agreement
These Terms of Service (“terms”) are an agreement between you and WebAnalyticsInc, a business based in Castle Rock, Colorado, USA (“WebAnalyticsInc”, “we”, “us” or “our”). They cover webanalyticsinc.com, every app and product on a webanalyticsinc.com address, our APIs, apps and agents you install, and any related support (together, the “service”).
You accept these terms when you tick the box at sign-up, accept them on screen, or use the service. If you use the service for a company or other organisation, you confirm that you have authority to accept these terms for it, and “you” means that organisation as well as you. If you don't agree, don't use the service.
Our Privacy Policy and Acceptable Use Policy are part of these terms. A written order form, service-level agreement or data processing addendum signed by both of us also forms part of them, and wins where it conflicts with these terms.
2. Changes to these terms
We may update these terms as the service and the law change. Every version is numbered and dated, and earlier versions stay readable in the version history.
Important (material) changes: we tell you in the service, and by e-mail where practical, before or when they take effect. You'll be asked to accept the new version the next time you sign in to your WebAnalyticsInc account; until you do, your apps, API keys and webhooks keep working, but some account pages wait for your answer.
Small changes (wording, clarity, new features that don't reduce your rights) take effect when posted.
If you don't agree to a change, stop using the service and close your account (see section 17). Continuing to use the service after a change takes effect means you accept it.
3. Accounts and security
You must be at least 18 years old, or the age of majority where you live, and able to enter a binding contract.
Give accurate information and keep it current, especially your e-mail address. We send important notices there, and a notice sent to it counts as delivered.
You are responsible for your credentials. Keep passwords, recovery codes, API keys and tokens secret; use a strong, unique password; and turn on two-step sign-in. You are responsible for everything done under your account, by you, your team or anyone using your credentials, until you tell us it has been compromised.
Tell us straight away at support@webanalyticsinc.com if you think someone has accessed your account without permission.
One login is for one person. Team owners and admins decide who joins the team, what they can see, and what they can do, and are responsible for their team members' use. If your organisation signs in through its own identity provider (single sign-on), your organisation controls those identities.
We may require extra checks (for example e-mail confirmation, re-entering your password, or a review of new accounts) to protect you and the service.
4. Plans, billing and cancelling
One WebAnalyticsInc subscription covers the business apps. The Free plan has usage limits; paid plans (such as Starter and Business) lift them. Current plans, limits and prices are on our pricing page. Some apps or add-ons may be sold separately, and we will say so where they are.
Paid plans are billed in advance, monthly or yearly, through Stripe, and renew automatically until you cancel. Per-user charges are based on the number of seats on your team.
You can cancel at any time in Billing. You keep the paid plan until the end of the period you've paid for, then move to the Free plan. Fees are non-refundable, including for part-used periods, unused seats or features you didn't use, unless the law requires otherwise or we agree in writing.
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 shown as included. Where we must charge them, 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 or suspend paid features until it is.
When you move to a lower plan, content over the new plan's limits may become read-only or stop working (for example extra monitors, sites or automations). Check the limits before you downgrade.
5. Selling with our products
If you sell through our products (for example the Online Store on shop.webanalyticsinc.com or your own domain, Courses, Events, Invoices or Point of Sale):
You are the seller. The contract for each sale is between you and your customer. You are responsible for your products, prices and descriptions, delivery, returns and refunds, warranties, customer service, chargebacks and disputes, and the taxes on your sales.
Card payments go to your own Stripe account, under Stripe's terms for connected accounts. Charges are made on your Stripe account: you pay Stripe's processing fees and handle disputes. 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, and a refund returns the matching share of the fee.
Your store, school or event pages need your own refund, shipping, privacy and terms pages. We give you starter templates, but you must check that they are right for your business and the law where you sell.
You may not sell anything illegal, counterfeit, stolen or dangerous, anything Stripe doesn't allow, or anything listed in our Acceptable Use Policy, and you may not mislead buyers.
6. Sending e-mail and messages
Several products send e-mail or messages for you, including newsletters, invoices, booking and event confirmations, receipts, review requests and alerts. You are the sender. Only send marketing messages to people who have agreed to receive them, include a working unsubscribe link, honour opt-outs, and follow anti-spam and privacy laws such as CAN-SPAM, the TCPA, CASL and GDPR. We may pause or limit sending from an account with high complaint or bounce rates, or that puts our mail reputation at risk.
7. Acceptable use
You must follow our Acceptable Use Policy. In short: no illegal activity, spam, malware, fraud, infringement, abuse of people or of our systems, and no use that could harm others. We may remove content or suspend accounts that break it (see section 17).
8. Your responsibilities
8.1 Check that the service works for your needs
Our apps are general-purpose tools. Before you rely on any app or feature for something that matters to your business, test it with your own data and confirm it does what you need, in the way you need, under the laws that apply to you. You decide whether the service is suitable for your purpose; we don't promise it is.
8.2 Review what the service produces before you act on it
Calculations, reports, suggestions, automations and other outputs can be wrong or incomplete: settings may be mis-entered, rates and rules change, data may be imported incorrectly, and software has bugs. You are responsible for reviewing outputs and for every decision and action you take based on them. In particular:
Sales tax: we calculate tax from the rates and settings you enter (our starter rates are state or country base rates and are not complete). You are responsible for checking rates, deciding where you must collect, collecting the right amount, and filing and paying your returns.
Payroll hours and exports (Shifts): we prepare hours and export files; we do not run payroll or pay anyone. Check every timesheet, rate, overtime and break calculation and every export before you run payroll. You remain responsible for wages, payroll taxes and labor-law compliance.
Bookkeeping (Books): check your entries, categories, bank imports, reconciliations and reports. They are records you keep, not prepared accounts or tax returns; have a qualified accountant review them before you file or rely on them.
Invoices and payments: check amounts, taxes, due dates, recipients and payment status before you send an invoice or chase a payment.
Shipping labels and rates: check addresses, weights, sizes, service levels, rates and customs details before you buy a label. Postage, delivery, loss, damage and carrier surcharges are between you, the carrier and the label provider (such as EasyPost).
Ad spend and rules (Ads): you control your advertising accounts and are responsible for all budgets, bids, keywords, rules and the money spent. Review suggested and automated changes. We are not responsible for ad spend, wasted spend, policy decisions by ad platforms, or results.
SEO audits and suggestions: scores and recommendations are guidance, not guarantees. Review changes before you make them to your site; search engines decide rankings.
Uptime monitoring and alerts: checks and alerts can be late, missed, duplicated or wrong (for example when networks, mail or third-party chat services fail). Do not rely on them as your only way of knowing whether your systems are working, and never for anything where a missed alert could cause injury or serious loss.
Backups (the Backups app): test your restores regularly and keep at least one copy of important data somewhere else. A backup you haven't restored successfully may not work.
Password storage (Passwords): your vault is encrypted with your master password, which we never see. If you lose both your master password and your emergency kit, nobody can open the vault, including us. Keep your own record of critical credentials.
E-signatures (Sign): you decide whether an electronic signature is valid and enough for your document, signer and place. Some documents need wet signatures, witnesses, notarisation or specific consent steps. We provide the tool and an audit trail, not legal advice.
Automated Flows: automations do exactly what you build, at any hour, across your apps. Test each flow, watch its runs, and switch it off if it misbehaves. You are responsible for what a flow creates, changes, sends or deletes.
8.3 Back up your data
You are responsible for keeping your own copies of your data. Use the export tools in each app regularly. We back up our systems, but our backups are for restoring the service, are made on a best-effort basis, and are not a guarantee that any particular data can be recovered. We are not responsible for data you did not keep a copy of.
8.4 Tell us about problems promptly
If something looks wrong (a calculation, a missing record, an alert that didn't arrive, a security concern), stop relying on the affected feature and report it promptly to support@webanalyticsinc.com or with “Report a problem” in the app, with enough detail for us to look into it. Reporting quickly limits the harm and helps everyone.
8.5 Follow the law
You are responsible for complying with the laws that apply to you and your business when you use the service, including tax filing and collection, employment and wage laws, consumer-protection and e-commerce rules, advertising rules, e-mail and anti-spam laws, and privacy and data-protection laws for your own customers' and employees' information (including giving any required notices and getting any required consent). Where you put other people's personal information into the service, you are its controller and we process it for you.
9. Not professional advice
The service, our help articles, templates, starter tax rates, suggestions and support answers are general information. They are not tax, legal, accounting, payroll, financial, investment or other professional advice, and no professional relationship is created between us. Talk to a qualified professional about your situation before you make decisions that depend on it.
10. Third-party services
The service works with services run by other companies, for example Stripe (payments), shipping carriers and EasyPost (labels and rates), Google Ads and other ad platforms, online marketplaces and stores, your own e-mail or SMTP provider, chat tools such as Slack or Discord, your organisation's identity provider for single sign-on, and AI or other providers you choose to connect. When you connect or use one:
your use of it is governed by that company's own terms and privacy policy, and your relationship is with them;
you authorise us to send and receive the data needed to make the connection work;
we don't control those services and are not responsible for them: their availability, changes to their APIs or prices, their fees, their decisions (such as account holds, suspended ads or rejected listings), or any loss they cause;
a connection may stop working if the other company changes or ends it.
11. Your content and data
You own the content and data you put into the service (“your content”). You give us a worldwide, non-exclusive, royalty-free permission to host, store, copy (including for backups), transmit, display to the people you choose, and process your content, only as needed to provide, secure and support the service for you, and as described in our Privacy Policy. Make sure you have the rights and permissions you need for everything you upload or collect.
If someone tells us your content infringes their rights or breaks the law, we may remove or disable it while we look into it, and we'll let you know where we can. If you send us feedback or ideas, we may use them without any obligation to you.
We own the service, its software, designs and trademarks. These terms give you the right to use the service while your account is in good standing; they don't transfer any ownership to you.
12. Availability, support and changes to the service
We work hard to keep every app available, fast and secure, but we don't guarantee any level of uptime or that the service will be uninterrupted, timely or error-free, unless we have signed a written service-level agreement with you, in which case the remedies in that agreement are your only remedies for downtime. We may need maintenance windows, sometimes at short notice.
We may change, improve, limit or retire features and apps. If we remove something important that you pay for, we'll give reasonable notice; if we shut down a paid product altogether, we'll refund the unused part of your prepaid plan for that product. Support is provided by e-mail and in-app messages on a reasonable-effort basis.
13. Beta, preview and free features
Features labelled beta, preview, early access, experimental or similar, and features on the Free plan, are provided for you to try. They may be incomplete, change, have lower limits, or stop at any time without notice, and they are provided without any warranty or service commitment. Don't rely on beta features for important work.
14. Disclaimer of warranties
To the fullest extent the law allows, the service is provided “as is” and “as available”, with all faults and without warranties of any kind. We disclaim all warranties, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment, and any warranties arising from course of dealing or usage of trade. We do not warrant that the service will meet your requirements, be uninterrupted, secure or error-free, that outputs or calculations will be accurate or complete, that data will not be lost, or that defects will be corrected.
Some places don't allow certain warranties to be excluded; there, the exclusions apply to the extent the law allows.
15. Limitation of liability
To the fullest extent the law allows:
We are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, sales, business, goodwill or data, cost of substitute services, business interruption, tax penalties or interest, fines, wrongly paid or unpaid wages, ad spend, shipping costs or chargebacks, however caused and on any theory of liability (contract, tort including negligence, or otherwise), even if we were told they were possible.
Our total liability for all claims relating to the service or these terms is limited to the amount you paid us for the service in the 12 months before the event that gave rise to the claim, or US$100 if you have not paid us anything.
These limits apply even if a remedy fails of its essential purpose, and they reflect a fair allocation of risk; without them our prices would be higher. Nothing in these terms limits liability that the law does not allow to be limited, such as liability for fraud, or for death or personal injury caused by negligence.
16. Indemnification
You will defend, indemnify and hold harmless WebAnalyticsInc and its owners, staff and contractors against any claims, losses, damages, fines, costs and expenses (including reasonable legal fees) arising from: your content; your sales, goods and services; messages you send; your use of the service in breach of these terms, the Acceptable Use Policy or the law; or a dispute between you and your customers, employees, team members or a third-party service. We'll tell you about a claim promptly and let you control its defence, but you may not settle a claim that admits fault for us or binds us without our written consent.
17. Suspension, termination and exporting your data
You can stop using the service and close your account at any time from Account settings.
We may suspend or close an account, or a feature on it, if it breaks these terms or the Acceptable Use Policy, isn't paid, creates a security or legal risk, or puts other people or the service at risk. Unless it's urgent or the law prevents us, we'll warn you first and give you a reasonable chance to fix the problem. We may also end the service for convenience with at least 30 days' notice, refunding any prepaid fees for the unused period.
Export your data before you close your account. You can export from each app while your account is open. After an account is closed or terminated (other than for serious abuse), you can ask us within 30 days to restore temporary access so you can export your data; after that, we delete it as described in our Privacy Policy, and it may not be recoverable.
Sections that by their nature should survive (including fees owed, your content licence for backups being deleted, disclaimers, limitation of liability, indemnification and disputes) survive the end of these terms.
18. Disputes and governing law
Talk to us first. Before starting any claim, you agree to send a written description of the dispute to support@webanalyticsinc.com and to try in good faith to resolve it informally for at least 30 days. We'll do the same before we bring a claim against you. Most problems are solved this way.
Governing law: these terms and any dispute about the service are governed by the laws of the State of Colorado, USA, and applicable US federal law, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.
Where: if a dispute isn't resolved informally, it will be decided only by the state or federal courts serving Douglas County, Colorado, and both of us consent to those courts' jurisdiction. Either of us may bring an individual claim in small-claims court if it qualifies.
No class actions: to the extent the law allows, each of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding.
Any claim must be brought within one year after it arose, to the extent the law allows.
If you are a consumer, you keep any rights the law where you live gives you that can't be waived by contract.
19. General terms
Severability: if any part of these terms is found unenforceable, it will be enforced to the maximum extent allowed and the rest stays in effect.
Entire agreement: these terms (with the policies and any signed agreements they mention) are the whole agreement between us about the service and replace any earlier understandings. Terms on your purchase orders don't apply.
No waiver: if we don't enforce a right, we haven't given it up.
Assignment: you may not transfer these terms without our written consent. We may transfer them in connection with a merger, acquisition or sale of all or part of our business.
Events beyond our control: we're not responsible for delays or failures caused by events outside our reasonable control, such as outages of the internet, hosting or power, attacks, natural disasters, or actions of governments or third-party services.
Independent parties: we are independent contractors; nothing here creates a partnership, employment or agency relationship.
Notices: we send notices to your account e-mail or show them in the service. Send notices to us at support@webanalyticsinc.com.
Export and sanctions: you may not use the service where US law prohibits it, or if you are on a US government restricted-party list.