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.

3. Accounts and security

4. Plans, billing and cancelling

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):

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:

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:

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

Some places don't allow certain warranties to be excluded; there, the exclusions apply to the extent the law allows.

15. Limitation of liability

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

18. Disputes and governing law

19. General terms

20. Contact

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