Terms Of Service

"Access Credentials" means the login details and passwords of your Account Users, which may be required to access or use the Services or its features.

"Account" means the registered account required to access the Services.

"Account User" means an individual authorized by the Customer to access the Services under its Account (e.g., employees, contractors).

"Aggregated Data" means anonymized and aggregated statistical data that does not identify the Customer, Account Users, or Customer Websites' visitors.

"Customer", "you" means any person using the Website or the Services, including, where applicable, any legal entity you represent.

"Customer Data" means all data collected, generated or processed through the use of the Services in connection with Customer Websites, excluding Aggregated Data and information you provide when ordering or using the Services, such as your or your representative names and email addresses.

"Customer Websites" means websites for which you have used the Services.

"Documentation" means our user guidelines, manuals, FAQ or support pages and other online documentation for the Services.

"We", "us" means Key Arg B.V., a company located at Hoge Bothofstraat 49, 7511 ZA Enschede, Overijsselthe Netherlands.

The Services consist of a privacy-focused web analytics solution that enables Customers to collect, aggregate and analyze statistical information about visits and interactions on Customer Websites through the implementation of a software snippet.

The Services are provided as a hosted software-as-a-service solution. No software is sold, and no ownership rights are transferred.

An Account is required to use the Services.

To register, you will be asked to provide your email address (which will serve as your username).

You agree to provide true, accurate, current, and complete information about yourself and/or your organization.

You are responsible for safeguarding your login details and agree not to disclose them to any third party.

Customer may authorize multiple Account Users, subject to the applicable Scope of Use.

Only Account Users may access and use the Services.

Customer is responsible for the activities and for compliance with these Terms of all its Account Users, including how they use Customer Data.

The Services are not intended for, and should not be used by, anyone under the age of 18. You are responsible for ensuring that all Account Users are at least 18 years old.

If the Services require Access Credentials you must ensure that all Customer Users keep them strictly confidential and do not share such information with any unauthorized person. Access Credentials are granted to and are associated with a particular individual and may not be shared. You and Customer Users may not convey, transfer or otherwise disseminate Access Credentials or their parts to any other person, entity or organization.

You accept responsibility for the confidentiality and use of Access Credentials that you may receive for your Account Users' access to the Services and for their use. You accept responsibility for all activities that occur under your and Account User's Access Credentials. You agree to notify us without undue delay if you become aware of any loss, theft or unauthorized use of Access Credentials.

Subject to your compliance with these Terms, during the applicable Subscription Term, and provided you have paid the applicable fees (unless the Services are provided under a free trial), you are granted a limited, worldwide, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to access and use the Services for your own needs according to (a) the Scope of Use, (b) the terms and conditions specified in the "Pricing" section of the Website, and (c) the Documentation.

The license is conditioned on ensuring that the maximum number of Account Users who can simultaneously access and use the Services does not exceed the number for which fees have been paid. That number is determined by your subscription tier.

No other right, title or interest is granted except as expressly stated in these Terms.

You are responsible for determining whether the Services meet your requirements and any regulatory obligations related to its intended use.

The pricing terms and conditions are outlined in the "Pricing" section of the Website and are subject to change.

Prices are stated exclusive of VAT and other applicable taxes unless explicitly stated otherwise. You agree to pay any applicable sales tax, use tax, or other similar taxes or charges related to your use of the Services or to payments made under these Terms.

If you subscribe to the Services on a monthly basis, your subscription will automatically renew at the end of each monthly billing cycle unless you provide written notice of non-renewal (via your Account or email to support) during the prior calendar month. You will be automatically charged the applicable monthly subscription fee for each month or partial month in which your subscription remains active.

You may choose to purchase an annual subscription. This subscription will automatically renew at the start of each anniversary year unless you provide written notice of non-renewal before the current term expires.

Your subscription will automatically renew at the end of each Subscription Term unless you cancel as provided in these Terms.

Sales, promotions, and other discounted pricing offers (if any) are temporary and expire upon the renewal of your subscription. We reserve the right to update our pricing, discontinue or modify subscription plans, and alter or cancel any discounts, coupons, credits, or promotional offers at our sole discretion. We may also convert free Services to paid Services, repackage existing offerings, or adjust the pricing structure at any time.

If a pricing change affects your existing subscription, your current pricing will remain in effect through the end of your current Subscription Term.

You may pay for the Services using a credit or debit card. Payments are processed by a third-party payment provider, and your financial information is not shared with us. We are not responsible for payment processing and shall not be liable for any issues arising from it.

If the payment card you provided to us expires, is cancelled or becomes otherwise invalid, you must promptly update your payment information to avoid disruption of the Services. You authorize us to take reasonable steps to verify whether the card on file remains valid.

We reserve the right to suspend, terminate, or restrict access to the Services if any payment due to us is not received by the due date.

We offer a free 5-day trial period, beginning when you activate the trial by submitting your payment details. If you do not cancel your trial before it expires, it will automatically convert to an ongoing subscription in accordance with the terms of your selected plan. You may cancel your trial before conversion by following the cancellation process described below under "Cancellation."

You may only use the free trial offer once.

You may not use a free trial if you have used the Services.

You have the right to cancel your subscription at any time, for any reason. You can do so directly from your Account or by contacting our support team.

If you choose to cancel your subscription, you will be charged for the entire billing period in which the subscription was canceled. Your subscription will remain active until the end of that period, and we'll be able to use the Services up to that point. No further charges will apply after your subscription ends.

Refunds may be granted at our sole discretion, provided you present evidence that justifies a refund. For non-consumer users, no refunds are provided except as required by law.

Customer retains all rights to Customer Data.

Customer grants us a limited, non-exclusive license to process Customer Data to provide the Services, to maintain and improve the Services and to comply with legal obligations.

We may use Aggregated Data for analytics, benchmarking, and service improvement purposes.

During the Subscription Term, Customer Data remains accessible via the Account.

Your use of the Website, the Services and any other information, products, or functionality made available through the Website or the Services is at your sole risk and discretion.

The Website, the Services and all materials, information, and products included therein, are provided on an "as is" and "as available" basis without warranties of any kind. We expressly disclaim all warranties of any kind, express, implied, or statutory, relating to the Website and the Services, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing, or course of performance.

No advice or information, whether oral or written, obtained by you from us will create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you.

We are not obligated to verify the identity of Customers and Account Users, nor are we obligated to monitor their activity. Accordingly, we disclaim all liability for identity theft or any other misuse of your identity or information by others.

We are not responsible for the availability, performance, functionality, or consequences of your use of any third parties' components, software, modules integrated into or made available through the Website or the Services.

In no event will we, our affiliates, officers, directors, employees or agents, be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, or consequential damages arising out of or in connection with your use of the Website and/or the Services. The foregoing limitation of liability will apply to the fullest extent permitted by applicable law. In no event will our total cumulative liability to you exceed the amount of service fees actually paid by you in the six (6) months prior to the event giving rise to the claim or, if no fees apply, fifty (50) euros.

Notwithstanding anything to the contrary in these terms, we shall not be liable for delays, interruptions, service failures, or other problems inherent in the use of the internet, electronic communications or other systems outside our reasonable control.

Nothing in these Terms excludes or limits liability where such limitation is not permitted under mandatory law, including liability for intent, gross negligence and death or personal injury.

Your continued use of the Website or the Services after any such change constitutes your agreement to the revised Terms. If you do not agree to the modifications, you must discontinue your use of the Website and the Services and close your Account.

We will use commercially reasonable efforts to restore access once the underlying issue has been resolved.

These Terms remain in effect from the date of your acceptance until terminated by either you or us in accordance with these Terms.

You may terminate these Terms at any time as outlined in Section 4 "Subscriptions and Payment Terms."

Notwithstanding the above, we reserve the right to terminate the Website, the Services or your Account at any time, for any reason, at our sole discretion.

Whatever the cause of termination is, you will not receive any credits or refunds for any fees which you may have paid in advance.

Any expiration, suspension or termination of these Terms will not affect your obligations under these Terms that are intended to survive, including, without limitation, provisions related to proprietary rights and ownership, indemnification and limitation of liability.

In the event of any controversy or claim arising out of or relating to this Agreement, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of thirty (30) days, either party may pursue relief as may be available under this Agreement pursuant to the provisions of this Section outlined below. All negotiations will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions.

You agree that the laws of the Netherlands govern this Agreement, its subject matter, any action related to this Agreement, and any claim or dispute that may arise.

You further agree that any disputes or claims related to this Agreement will be resolved by competent courts of the Netherlands.

No Agency. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Services.

Export/Import Laws. You must ensure that you comply with any applicable export or import rules, regulations and restrictions applicable to your licensing or use of the Services.

Government Rights. To the extent applicable, the Services are "commercial computer software" or a "commercial item" for purposes of FAR 12.212 and DFARS 227.7202. Use, reproduction, release, modification, disclosure, or transfer of the Services is governed solely by the terms of this Agreement, and all other use is prohibited.

Right to contact. We may contact you to evaluate your compliance with these Terms, to send service-related messages or notices about the Website or the Services, request your feedback, or occasionally send promotional communications to the email address associated with your Account.

Assignment. You may not assign this agreement or assign any rights or delegate any obligations under these Terms, in whole or in part, whether by operation of law or otherwise, without our prior written consent. Any attempted assignment or delegation without such consent will be null and void.

We may freely assign this agreement or any of our rights or obligations under these Terms without your consent.

No Waiver. Our failure to enforce any right or provision of these Terms or applicable law will not constitute a waiver of such right or provision.

Severability and Integration. These Terms constitute the entire agreement between you and us regarding the Website and the Services and supersede all prior written or oral agreements. If any provision of these Terms is held to be invalid or unenforceable, that provision will be interpreted to reflect the original intent of the parties, and the remaining portions will remain in full force and effect.