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Terms of service

Effective Date: [Date]

Last Updated: [Date]

Welcome to [Your SaaS Product] ("Service"). These Terms of Service ("Terms") govern your access to and use of our analytics platform, including our website, dashboard, tracking scripts, and related services (collectively, "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Definitions

  • "We", "Us", "Our" means [Your Company Name], a company incorporated in [Your Jurisdiction].
  • "Customer", "You" means the entity registering to use our Services.
  • "End User" means any visitor or user interacting with your website, application, or platform where our tracking script is installed.
  • "Personal Data" means any data relating to an identified or identifiable natural person.

2. Services

We provide a platform to collect, process, and analyze event data from your websites, applications, and digital products. Our Services allow you to monitor user behavior, analyze funnels, track product usage, and gather survey data.

Accounts and Access

  • You must provide accurate and complete information when registering.
  • You are responsible for all activity under your account.
  • You must ensure your access credentials remain confidential.

4. Use of Tracking Scripts

  • You may install our tracking script on your website or application.
  • You are solely responsible for:
    • Obtaining all necessary end-user consents, where required by law.
    • Providing your end users with clear privacy notices describing the data collection.
    • Ensuring compliance with laws applicable to your website or application (including GDPR, CPRA, PIPEDA, and Australia’s Privacy Act).
  • We provide tools and guidance to assist with consent management, but ultimate responsibility rests with you.

5. Acceptable Use

You may not:

  • Use the Service to track sensitive data, including health information, financial data, or data on children under 13, unless explicitly agreed in writing.
  • Attempt to reverse engineer, disrupt, or misuse the Service.
  • Violate applicable laws, including data protection and privacy laws.

6. Data Processing Agreement (DPA)

  • Our Data Processing Agreement ("DPA") is hereby incorporated into these Terms.
  • The DPA governs how we process personal data on your behalf.
  • By using our Services, you agree to the terms of the DPA, available at: [Link to DPA]

7. Subprocessors

  • We use third-party subprocessors to help provide our Services.
  • A current list of subprocessors is available at: [Link to Subprocessor List]
  • By using our Services, you authorize our use of these subprocessors.

8. Intellectual Property

  • All rights to the Service, software, and related materials are owned by us.
  • You retain all rights to your data and customer insights collected through the Service.
  • You grant us a limited license to use your data solely for the purpose of providing and improving the Service.

9. Fees and Payment

  • Fees are set forth in your order form, pricing page, or invoice.
  • Fees are non-refundable unless otherwise specified.
  • We may suspend your account for non-payment.

10. Term and Termination

  • These Terms apply as long as you have an active account.
  • You may terminate your account at any time.
  • We may suspend or terminate your access for breach of these Terms, including failure to comply with applicable laws.
  • Upon termination, we will delete your data in accordance with our Data Retention Policy and DPA.

11. Privacy and Data Protection

  • Our Privacy Policy describes how we handle personal data collected through our website.
  • When processing personal data on behalf of Customers, we act as a processor/service provider, subject to our DPA.
  • We comply with applicable data protection laws, including:
    • GDPR (EU/UK)
    • CPRA (California)
    • PIPEDA (Canada)
    • Australia Privacy Act

    • Privacy Policy: [Link to Privacy Policy]

12. Security

  • We implement appropriate technical and organizational security measures to protect personal data.
  • No system is completely secure; you acknowledge that the security of data transmission cannot be guaranteed.

13. Customer Responsibilities

  • You are responsible for ensuring the lawfulness of data collection on your properties.
  • You will not send us:
    • Payment card data (PCI)
    • Health data (PHI), unless covered under a specific agreement
    • Any data covered under special categories of GDPR (e.g., race, religion, sexual orientation) unless you have pre-notified us and we have agreed.

14. Data Residency and Transfers

  • Customer data may be stored and processed in the European Union, United Kingdom, United States, Canada, or Australia, depending on your location and preferences.
  • Where required, we rely on:
    • Standard Contractual Clauses (SCCs) for EU/UK data transfers.
    • Adequacy decisions for Canada.
  • See our Privacy Policy for more details.

15. Liability and Disclaimers

  • Our liability is limited to the amount you paid us in the 12 months preceding a claim.
  • We are not liable for indirect, incidental, or consequential damages.
  • We provide the Service "as is" without warranties.

16. Governing Law and Jurisdiction

  • These Terms are governed by the laws of [Your Country], excluding conflict of law principles.
  • Disputes will be resolved in the courts of [Your City, Your Country], unless otherwise agreed.

17. Changes to These Terms

  • We may update these Terms from time to time.
  • Significant changes will be notified via email or in-app notification.
  • Continued use of the Services after changes means you accept the updated Terms.

18. Contact

If you have any questions about these Terms, contact:

[Your Company Name]

[Your Address]

[Privacy/Legal Contact Email]

[Phone Number, if applicable]