Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website analytics platform and related services (collectively, the "Services") provided by Zenovay Inc. ("Zenovay", "we", "us", or "our").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

Account Registration

To use certain features of our Services, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

You may not:

• Use another person's account without permission
• Share your account credentials with others
• Create multiple accounts to evade restrictions or fees
• Register for an account if you are under 18 years of age
• Use the Services if you are a competitor or for competitive analysis purposes without our prior written consent

Acceptable Use

You must use our Services in compliance with all applicable laws and regulations. You agree to comply with our Acceptable Use Policy, which is incorporated into these Terms by reference.

You may not use our Services to:

• Track websites or applications hosting illegal content
• Violate any person's privacy rights or data protection laws
• Collect data from children without proper consent
• Distribute malware or engage in malicious activities
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the integrity or performance of our Services
• Reverse engineer or attempt to extract the source code of our Services

Subscription and Payment

Pricing and Plans

We offer various subscription plans with different features and usage limits. Current pricing is available on our pricing page. We reserve the right to change our pricing with at least 30 days' notice to existing subscribers.

Billing

By subscribing to a paid plan, you agree to pay all applicable fees. Subscription fees are:

• Billed in advance on a monthly or annual basis, as selected
• Non-refundable except as required by law or as explicitly stated in these Terms
• Subject to applicable taxes, which will be added to your invoice
• Processed through our third-party payment processor (Stripe)

If payment fails, we may:

• Retry charging your payment method
• Suspend or downgrade your account
• Terminate your access to paid features
• Charge late fees as permitted by law

Free Trials

We may offer free trials for certain features or plans. Free trials:

• Are available only to new customers or as specifically offered
• Automatically convert to paid subscriptions unless cancelled before the trial period ends
• May have limited features or usage compared to paid plans
• Cannot be combined with other promotional offers unless explicitly permitted

Cancellation and Refunds

Cancellation

You may cancel your subscription at any time through your account settings or by contacting support at support@zenovay.com. Upon cancellation:

• You will retain access to paid features until the end of your current billing period
• Your subscription will not automatically renew
• Your data will be retained according to our data retention policy
• You may lose access to certain features and data after the billing period ends

Refunds

Subscription fees are generally non-refundable. However, we may provide refunds at our discretion in the following circumstances:

• Service outages or disruptions that significantly impact your use of the Services
• Billing errors or duplicate charges
• Required by applicable law

To request a refund, contact support@zenovay.com within 30 days of the charge.

Data Ownership and Usage

Your Data

You retain all ownership rights to the analytics data collected through your use of our Services ("Customer Data"). By using our Services, you grant us a limited license to:

• Process and store Customer Data to provide the Services
• Create aggregated, anonymized statistics for improving our Services
• Use Customer Data as necessary to comply with legal obligations

You represent and warrant that:

• You have all necessary rights to collect and process Customer Data
• You have obtained required consents from your website visitors
• Customer Data does not violate any third-party rights
• You comply with all applicable privacy and data protection laws

Data Protection

We implement appropriate technical and organizational measures to protect Customer Data. For more information about our data practices, see our Privacy Policy and Data Processing Agreement.

You are responsible for:

• Maintaining backups of any critical data
• Implementing appropriate security measures on your websites
• Configuring data retention settings appropriately

Intellectual Property

Our Intellectual Property

The Services and all related technology, software, documentation, and content (excluding Customer Data) are owned by Zenovay and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms.

You may not:

• Copy, modify, or create derivative works of our Services
• Reverse engineer, decompile, or disassemble our software
• Rent, lease, sell, sublicense, or transfer your rights to the Services
• Remove or modify any proprietary notices or labels
• Use our trademarks, logos, or branding without written permission

Feedback

If you provide us with feedback, suggestions, or ideas about our Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our Services without any obligation to you.

Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• The Services will meet your specific requirements
• Any errors or defects will be corrected
• The Services will be compatible with all devices or software
• Data collected will be 100% accurate or complete

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENOVAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Zenovay, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Customer Data or your collection and processing of data
• Your violation of applicable laws or regulations

Term and Termination

These Terms remain in effect until terminated by either party. We may terminate or suspend your access to the Services immediately, without prior notice, if:

• You violate these Terms or our Acceptable Use Policy
• You fail to pay applicable fees
• We are required to do so by law
• Continued provision of Services creates security or legal risks

Upon termination:

• Your right to access and use the Services immediately ceases
• You remain responsible for any fees incurred before termination
• We may delete Customer Data in accordance with our data retention policy
• Sections of these Terms that by their nature should survive will continue to apply

Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall be conducted in San Francisco, California.

Exceptions to arbitration:

• You may bring claims in small claims court if they qualify
• Either party may seek injunctive or equitable relief in court

Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last update" date at the top of this page
• Notify you via email or through a prominent notice in our Services
• Provide at least 30 days' notice for changes that materially reduce your rights

Your continued use of the Services after changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services and cancel your subscription.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and Data Processing Agreement, constitute the entire agreement between you and Zenovay regarding the Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

Contact Information

If you have questions about these Terms, please contact us: