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 16 years of age in the European Economic Area or Switzerland, or under 13 years of age in the United States
• 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

Sensitive Data Prohibition

You are strictly prohibited from using our Services to track, collect, transmit, or process sensitive personal data, including but not limited to:

• Health or medical information (HIPAA-protected data)
• Financial account numbers, payment card data, or detailed financial records
• Biometric identifiers (fingerprints, facial recognition, voice prints)
• Government-issued identification numbers
• Authentication credentials (passwords, security tokens)
• Data revealing racial origin, political opinions, religious beliefs, or sexual orientation

By using our Services, you represent and warrant that you will not transmit any sensitive data to Zenovay. You agree to fully indemnify and hold harmless Zenovay from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your transmission of sensitive data to our Services, regardless of whether such transmission was intentional or accidental.

First-Party Proxy Mode

If you configure Zenovay to operate through your own domain (first-party tracking or proxy mode):

• You are solely responsible for disclosing this practice to your users in your privacy policy
• You are solely responsible for obtaining appropriate consent from your users
• You accept full liability for any legal claims, regulatory actions, or damages arising from your use of first-party tracking mode
• You agree to indemnify Zenovay for any claims related to your use of this feature
• Zenovay makes no representations regarding the legality of first-party tracking in your jurisdiction

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 Plan

We offer a free plan with limited features and usage. The free plan:

• Includes 1 website, 2 team members, and 1 year of data retention
• Is available indefinitely with no time limit
• May have limited features or usage compared to paid plans
• Can be upgraded to a paid plan at any time for additional features

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

Data Retention

Analytics data is retained according to your subscription plan:

• Free Plan: 1 year (365 days)
• Pro Plan: 2 years (730 days)
• Scale Plan: 4 years (1,460 days)
• Enterprise Plan: Custom retention period as agreed

Data Retention Lifecycle: When data exceeds your plan's retention period, we implement a two-phase deletion process:

• Phase 1 - Soft Hide: Data older than your retention period is hidden from your analytics dashboard but remains in our systems. Your analytics continue to function normally for current data.
• Phase 2 - Grace Period (30 days): You will receive email notifications alerting you that historical data has been hidden. During this 30-day grace period, you can upgrade your plan to recover the hidden data.
• Phase 3 - Permanent Deletion: After the grace period expires, hidden data is permanently deleted and cannot be recovered.

Plan Changes and Data Retention:

• Upgrading: When you upgrade to a higher plan, any data that was hidden but now falls within your new retention period will automatically be recovered and become visible again.
• Downgrading: When you downgrade to a lower plan, data older than the new plan's retention period will be hidden and the 30-day grace period will begin. You will receive email notifications before any permanent deletion.

By using our Services, you acknowledge and agree to this data retention lifecycle. We recommend regularly exporting critical data if you require permanent retention beyond your plan limits.

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. This license does not affect your rights under applicable data protection laws.

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

No Uptime Guarantee

ZENOVAY MAKES NO COMMITMENT REGARDING SERVICE AVAILABILITY OR UPTIME. We do not guarantee any specific uptime percentage (such as 99.9% or 99.99% availability). While we strive to maintain high availability, the Services may experience downtime due to:

• Scheduled or unscheduled maintenance
• Infrastructure provider outages (Cloudflare, Supabase, etc.)
• Security incidents or required updates
• Force majeure events
• Factors beyond our reasonable control

You acknowledge that downtime may occur and agree not to hold Zenovay liable for any damages arising from service unavailability. If uptime guarantees are important to your business, please contact us about Enterprise plans with custom service level agreements.

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

Immediate Termination Without Refund

We reserve the right to immediately terminate your account without prior notice and without refund of any prepaid fees in the following circumstances:

• Violation of our Acceptable Use Policy, including transmission of sensitive data
• Use of our Services for illegal activities or content
• Abuse of our platform, including denial-of-service attacks or intentional rate limit circumvention
• Use of our Services in a manner that poses a security threat to our infrastructure or other customers
• Repeated violations after prior warnings
• Any activity that exposes Zenovay to legal liability or regulatory action

In such cases, you forfeit any prepaid subscription fees and waive any right to refund. This provision is essential to protect the integrity of our platform and other customers.

Effects of Termination

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

EU Consumer Rights

If you are a consumer located in the European Economic Area or Switzerland, the following provisions apply in addition to (and, where they conflict, take priority over) the other terms in this agreement:

Mandatory Consumer Protection

Nothing in these Terms shall limit or exclude any mandatory consumer protection rights that you may have under the laws of the country in which you reside. Where the laws of your country of residence provide a higher level of consumer protection than what is offered in these Terms, such higher standard shall prevail.

Right of Withdrawal

Under EU Directive 2011/83/EU, you have a 14-day right of withdrawal from the date of purchase of a digital service. However, you acknowledge and agree that:

• By accessing and using our Services immediately upon purchase, you expressly consent to the performance of the contract beginning before the end of the 14-day withdrawal period
• You acknowledge that you will lose your right of withdrawal once the Services have been fully performed or, in the case of ongoing digital content supply, upon the commencement of performance with your prior express consent
• If you exercise your right of withdrawal before the Services are fully performed, you may be required to pay a proportionate amount for the Services already provided

To exercise your right of withdrawal, you may notify us at support@zenovay.com within 14 days of your purchase.

EU Online Dispute Resolution

The European Commission provides an online dispute resolution (ODR) platform for consumers in the EU: https://ec.europa.eu/consumers/odr. Our email for dispute resolution is: legal@zenovay.com.

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
• EU and Swiss consumers may bring claims in the courts of their country of residence, in accordance with applicable mandatory consumer protection laws (Regulation (EU) No 1215/2012)

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: