Terms of Service

1. Who we are

nbsanalytics is operated by [COMPANY LEGAL NAME], a company registered in England and Wales under number [COMPANY NUMBER], whose registered office is at [REGISTERED ADDRESS] ("we", "us"). You can contact us at [CONTACT EMAIL].

These terms apply when you or the organisation you represent ("you") create an account or use nbsanalytics (the "service"). If you accept them on behalf of an organisation, you confirm you're authorised to do so. The service is intended for businesses and professionals, not for personal or household use.

2. The service

nbsanalytics is web analytics software. You add our script or call our API from your websites and apps, and we process the resulting data to show you dashboards and reports. We may improve, change or remove features over time. If we remove something material that you pay for, we'll tell you in advance.

3. Your account

• You must give accurate details and keep your login secure. You're responsible for activity under your account and your team's accounts.
• You can invite team members. Each must agree to these terms, and you're responsible for what they do in your account.
• Tell us promptly at [CONTACT EMAIL] if you think your account has been compromised.

4. Free trial

New accounts get a free trial (currently 14 days). No payment details are needed. At the end of the trial you can choose a paid plan; if you don't, we stop collecting new data for your sites. We keep your account and existing data for a reasonable period so you can resume, after which we may delete it under section 12.

5. Plans, payment and Paddle

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries relating to payment and handles returns. When you buy a subscription, your purchase contract is with Paddle, and Paddle's buyer terms apply to that purchase. These terms govern your use of the service itself.

• Plans are priced by the number of events your sites send each month. Every plan includes every feature; plans differ in events, sites and team seats, as described on our pricing page.
• Subscriptions are billed monthly or yearly in advance and renew automatically until cancelled.
• Paddle calculates and collects any VAT or sales tax that applies and issues your invoices.
• We may change prices for future billing periods. We'll give you at least 30 days' notice, and the change applies from your next renewal after the notice period.

6. Usage limits

Each plan includes a monthly event allowance. We'll email you when you reach 80% and 100% of it. If you go over, we keep collecting for a grace period so you have time to upgrade. If usage stays over the allowance after the grace period, we may pause collecting new events until you upgrade or your next monthly period begins. We don't delete data because you went over a limit.

7. Your data and your responsibilities

"Customer data" means the data your websites, apps and servers send to the service, including information about the people who visit your sites ("visitors"). You own your customer data.

• For visitor data, you are the controller and we are your processor. Our Data Processing Agreement forms part of these terms and applies automatically.
• You're responsible for having a lawful basis for collecting visitor data, for your own privacy notice, and for obtaining any consent that applies — for example, consent for cookies where you use cookie mode in the UK or EU. See our cookies page for the differences between modes.
• Don't send us special category data (such as health information), payment card numbers, passwords or government identifiers. Only use the identify feature to send personal data about your own users where your privacy notice covers it.
• You give us permission to host, copy and process customer data only as needed to provide, secure and support the service, and as described in the DPA.

8. Acceptable use

You agree not to:

• use the service on websites or apps you don't own or aren't authorised to measure;
• use it to build profiles of individuals across unrelated sites, or to target advertising at identified people;
• send deliberately false, automated or excessive traffic, or try to get around usage limits;
• try to access other customers' data, probe or break our security, or reverse engineer the service except where the law allows it;
• use the service for anything unlawful, or resell it without our written agreement.

9. Our intellectual property

We own the service, its software, design and documentation. We give you a non-exclusive, non-transferable right to use it during your subscription under these terms. If you send us feedback, we may use it without obligation to you.

10. Availability and support

We work to keep the service available and fast, but we don't promise it will be uninterrupted or error-free. We may carry out maintenance, which we'll try to schedule at quiet times. Support is by email at [CONTACT EMAIL].

11. Confidentiality

Each of us will keep the other's non-public information confidential and use it only for the purposes of these terms, except where disclosure is required by law.

12. Cancellation, suspension and termination

• You can cancel at any time from your account. Your subscription runs to the end of the period you've paid for and isn't renewed. Refunds are handled by Paddle under its buyer terms.
• We may suspend or end your access if you materially breach these terms (including non-payment) and don't fix it within 14 days of our notice, or immediately where needed to prevent harm to the service, other customers or visitors, or to comply with the law.
• We may end the service for everyone with at least 60 days' notice, refunding any prepaid fees for the period after it ends.
• After your account ends, you can ask us for an export of your customer data for 30 days. After that we delete customer data within a further 30 days, except where the law requires us to keep it.

13. Warranties

We'll provide the service with reasonable skill and care. Analytics are estimates: ad blockers, browser settings, cookieless counting and bot filtering all affect the numbers. Apart from what these terms say, the service is provided "as is", and to the extent the law allows, we exclude all other warranties and conditions.

14. Liability

• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that can't be limited by law.
• Neither of us is liable for loss of profits, revenue, business, goodwill or anticipated savings, or for indirect or consequential loss.
• Otherwise, each party's total liability under these terms in any 12-month period is limited to the fees you paid for the service in that period (or £100, if greater).

15. Your responsibility for collection

You'll compensate us for reasonable losses and costs arising from a third-party claim that your collection or use of visitor data through the service broke the law, or that you used the service in breach of section 8.

16. Changes to these terms

We may update these terms. For material changes we'll give you at least 30 days' notice by email or in the app. If you don't agree, you can cancel before the change takes effect.

17. General

• These terms, the DPA and our privacy policy are the whole agreement between us about the service.
• Neither of us is responsible for delays caused by events outside our reasonable control.
• You may not transfer these terms without our consent. We may transfer them to a successor to our business, and we'll tell you if we do.
• If any part of these terms is found unenforceable, the rest stays in force.
• These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

18. Contact

[COMPANY LEGAL NAME], [REGISTERED ADDRESS]. Email [CONTACT EMAIL].