Terms of Service

These Terms of Service ("Terms") are an agreement between [Company legal name] ("ClickClacks", "we", "us"), of [Registered address], and the person or entity that accepts them ("you"). Please read them carefully.

1. Agreement to these terms

By creating an account, accepting an invitation, installing the ClickClacks tracker or otherwise using the Service, you agree to these Terms. If you use the Service on behalf of a company or other organization, you confirm that you have authority to bind it, and "you" means that organization.

If you do not agree to these Terms, do not use the Service. Our Privacy Policy explains how we handle personal data and forms part of these Terms.

2. The Service

ClickClacks is a hosted product analytics service. It includes the application at app.clickclacks.io, the ClickClacks tracker script and any APIs, webhooks and documentation we provide (together, the "Service"). We may change, add or remove features over time. [State any commitment to notice before removing material features.]

3. Accounts and organizations

• You must provide accurate information and keep it up to date.
• You are responsible for keeping your sign-in credentials secure and for all activity under your account. Tell us promptly at [Contact email] if you suspect unauthorized access.
• The Service is organised into organizations and projects. The people with administrative roles in an organization control who can access it, and are responsible for the actions of the members they invite.
• You must be at least [Minimum age] years old to use the Service.

4. Early access and beta features

Access to the Service may currently be by invitation. Features we label as early access, preview or beta are provided "as is", may change or be withdrawn at any time, and may be excluded from any service commitments. [Confirm terms for the early access period.]

5. Your data

"Customer Data" means the data you or your end users submit to the Service, including the events, properties and page layouts collected by the tracker on your websites and apps.

• As between you and us, you own your Customer Data.
• You grant us a limited licence to host, process, transmit and display Customer Data only as needed to provide and support the Service and as described in the Privacy Policy.
• Where Customer Data includes personal data, we process it as your processor under our data processing agreement: [Data processing agreement link].
• You can export your data while your account is active. [State what happens to Customer Data after termination, and when it is deleted.]

6. Your responsibilities for tracked sites

When you install the tracker on a website or app, you are responsible for:

• having the right to install it, and listing only domains you own or are authorised to measure;
• giving your visitors and users any notice, and obtaining any consent, that applicable law requires, including for the tracker's use of browser storage;
• not sending us sensitive data through custom events, properties or user identifiers, such as passwords, payment card numbers, government identifiers, health information, or other special categories of personal data, unless we have agreed to it in writing; and
• using the tracker's masking options, such as data-cc-mask, for page content that should not appear in heatmap captures.

7. Acceptable use

You must not, and must not allow others to:

• use the Service in breach of any law, or to infringe anyone's rights;
• use the Service to measure services directed to children in breach of applicable law;
• attempt to gain unauthorized access to the Service, other accounts, or our systems;
• send us malicious code, or interfere with or disrupt the Service;
• send events in volumes or patterns intended to degrade the Service or avoid its limits;
• reverse engineer the Service, except where the law expressly permits it;
• resell or provide the Service to third parties except as these Terms allow; or
• use the Service to build a competing product.

If you find a security vulnerability, please report it to us rather than exploiting it. See our Security page.

8. Fees and payment

[Describe plans, fees, billing cycle, taxes, renewal, upgrades and downgrades, refunds, and the consequences of late payment, once paid plans are offered. Until then, state that the Service is provided without charge during early access.]

9. Our intellectual property

We and our licensors own the Service, including its software, design and documentation. These Terms give you a limited, non-exclusive, non-transferable right to use the Service during your subscription. We reserve all rights not expressly granted.

10. Feedback

If you send us suggestions or feedback, we may use them without restriction or obligation to you.

11. Confidentiality

Each party will protect the other's non-public information that is marked confidential or should reasonably be understood to be confidential, using at least reasonable care, and will use it only to perform under these Terms. [Counsel to complete standard exceptions and term.]

12. Third-party services

The Service may let you connect to services we do not control, for example by sending data to a webhook endpoint you configure. Your use of those services is governed by their own terms, and we are not responsible for them.

13. Suspension and termination

• You may stop using the Service and delete your account at any time.
• We may suspend or terminate your access if you materially breach these Terms, if your use creates a security or legal risk, or if required by law. Where reasonable, we will give you notice first. [Confirm notice periods.]
• Sections that by their nature should survive termination will survive, including Sections 9 to 11 and 14 to 19.

14. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that analytics results will be complete or accurate for any particular purpose.

15. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, and each party's total liability arising out of these Terms will not exceed [Liability cap, for example the amounts paid by you in the 12 months before the claim]. [Counsel to confirm exclusions from the cap.]

16. Indemnification

You will defend and indemnify us against third-party claims arising from your Customer Data, your websites and apps, or your breach of Sections 6 or 7. [Counsel to confirm scope and any reciprocal indemnity from ClickClacks.]

17. Governing law and disputes

These Terms are governed by the laws of [Governing law / jurisdiction], without regard to its conflict-of-laws rules. [Dispute resolution forum and process.]

18. Changes to these terms

We may update these Terms from time to time. We will post the new version here with a new "Last updated" date and, where the changes are material, notify account holders by email or in the application at least [Notice period] before they take effect. If you keep using the Service after that, you accept the updated Terms.

19. General

These Terms, together with any order form and our data processing agreement, are the entire agreement between us about the Service. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.

20. Contact us

[Company legal name]
[Registered address]
[Contact email]