Terms of service

Agreement and acceptance

These terms are a contract between [legal entity name], a company registered in [country of incorporation] under company number [company number] with its registered office at [registered address] (“Alitycs”, “we”, “us”), and the company or person that opens an Alitycs account (“Customer”, “you”).

You accept these terms when you create an account, click to accept them, or use the service. If you accept on behalf of a company, you confirm that you are authorised to bind it, and “you” means that company.

Some customers sign a separate written order form or master agreement. Where one exists and its terms conflict with these, the signed document wins for that customer. Our privacy policy and, where we process personal data on your behalf, our data processing addendum form part of this agreement.

If you do not agree to these terms, do not use the service.

Definitions

We use these words with a specific meaning throughout.

Accounts and workspace administration

You need an account to use the service. Give us accurate details, keep them current, and keep your credentials to yourself. You are responsible for everything that happens under your account and for the acts and omissions of your authorised users as if they were your own.

Workspace administrators can invite and remove members, change roles, create and revoke API keys, export data, and delete the workspace. Choose your administrators carefully — we act on instructions that come from them.

API keys come in two kinds. A publishable key (pk_…) is safe to ship in client code; a secret key (sk_…) is not, and must be kept server-side. Treat a leaked secret key as a security incident, rotate it, and tell us at support@alitycs.com.

You must be at least 16 years old and legally able to enter into a contract to hold an account.

The free plan and trials

We offer a free plan and, from time to time, trials of paid features. Both are provided as-is, without any service level commitment, and we may change or withdraw either on [notice period for free plan changes] notice.

The free plan has an event allowance and a retention window; both are shown on our pricing page. When a trial ends you drop to the free plan unless you have chosen a paid plan, and any data outside the free plan's retention window stops being queryable.

One free workspace per organisation. Opening extra accounts to avoid a limit is a breach of these terms.

Acceptable use

Use the service for your own product analytics, lawfully, and in a way that does not harm us or anyone else. Specifically, you must not, and must not let anyone else:

• Break the law, infringe anyone's rights, or use the service for anything you have no lawful basis to do.
• Send us special categories of personal data — health, genetic or biometric data, racial or ethnic origin, political opinions, religious beliefs, trade union membership, sex life or sexual orientation — or data about criminal offences, government identifiers, payment card numbers, or authentication credentials.
• Send event data about end users without the notice, consent or other lawful basis your own law requires.
• Use the service to build, train or improve a competing product analytics service, or to benchmark it for publication without our written permission.
• Reverse engineer, decompile or attempt to derive the source code of the service, except where the law says you may.
• Resell, sublicense, or provide the service to a third party as a service bureau, unless your order form says you may.
• Probe, scan or test the security of the service other than under our vulnerability disclosure policy, or interfere with anyone else's use of it.
• Send malware, use the service to distribute spam, or attempt to gain access to a workspace that is not yours.
• Exceed rate limits deliberately, or automate use in a way that degrades the service for others.
• Remove or obscure any notice of ownership in the service or its documentation.

If you become aware of a breach of this section in your workspace, tell us and stop it.

Your data, and the licence you give us

You own your customer data. Nothing in this agreement transfers ownership of it to us, and we claim no rights in it beyond the ones described here.

You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, index, process and display customer data, only as far as we need to in order to provide, secure and support the service for you, and for the duration of this agreement. That licence ends when the data is deleted.

We may generate aggregated, de-identified statistics about how the service is used — query volumes, feature adoption, performance — and use them to run and improve the service. Those statistics never identify you, your end users or your data, and we do not publish anything that could be traced back to a single customer.

Where customer data contains personal data, we process it as your processor under the DPA, on your documented instructions. You are the controller: you decide what to collect, you give end users the notice their law requires, and you have the lawful basis for it.

You are responsible for the accuracy and legality of customer data, and for having the rights you need to send it to us.

Fees, billing, taxes and overage

Paid plans are billed in advance, monthly or annually, at the price shown when you subscribe or on your order form. Fees are non-refundable except where these terms or the law say otherwise.

Plans include an event allowance. If you go over it, we will tell you in the application and by email. Events beyond the allowance are billed at the overage rate for your plan, or, on plans without an overage rate, ingestion may be rate-limited until the next billing period or until you upgrade. We do not silently drop data without telling you.

Prices exclude VAT, GST, sales tax and any other tax, which we add where we must. If you are required to withhold tax from a payment, gross it up so that we receive the amount we invoiced.

Invoices are due on receipt unless your order form says otherwise. Late amounts accrue interest at [late payment interest rate] from the due date. If an invoice is more than [payment cure period] overdue, we may suspend the service after warning you — see suspension.

We may change our prices. For a change that affects your plan, we will give you at least [price change notice period] notice, and the new price applies from your next renewal. If you do not accept it, you can cancel before renewal.

Questions about an invoice go to sales@alitycs.com.

Plan changes and cancellation

You can upgrade at any time; the change takes effect immediately and we charge the difference pro rata. You can downgrade at any time; the change takes effect at your next renewal, and a shorter retention window on the new plan will make older data unqueryable from that date.

You can cancel from the application at any time. Cancellation takes effect at the end of the current billing period. We do not refund the remainder of a period unless the law requires it or we agreed otherwise in writing.

Annual subscriptions renew automatically for another year unless you cancel at least [annual renewal notice period] before the renewal date.

Before you downgrade or cancel, export anything you want to keep. See term and termination for the export window.

Suspension

We can suspend your access, in whole or in part, if we reasonably believe that your use threatens the security, availability or integrity of the service; that you are breaching acceptable use; that we are legally required to; or that an invoice is more than [payment cure period] overdue.

Except where a delay would cause real harm, we will warn you first, tell you what the problem is, and give you a chance to fix it. We will keep the suspension as narrow and as short as the problem allows, and restore access once it is resolved.

Suspension does not stop fees accruing, and it does not by itself end this agreement.

Term, termination, export and deletion

This agreement starts when you first accept it and runs until the account is closed. A paid subscription runs for the period on your order form or the one you chose at checkout, and renews as described above.

Either of us may terminate for convenience by closing the account or giving [termination for convenience notice period] written notice, effective at the end of the current billing period. Either of us may terminate immediately for a material breach that the other has not cured within [cure period] of written notice, or if the other becomes insolvent.

We may terminate immediately, without a cure period, for a breach of acceptable use that is serious, deliberate or unlawful.

On termination: your access stops, and we make your customer data available for export for [post-termination export window] from the effective date. After that window we delete it from the live service within [post-termination deletion window], and it ages out of backups on our normal backup schedule. Ask before the export window closes if you need a bulk export in a particular format.

Termination does not refund fees already paid, and does not excuse fees already due. The sections on customer data ownership, fees owed, confidentiality, disclaimers, liability, indemnity and governing law survive termination.

Warranties and disclaimers

We each warrant that we have the authority to enter into this agreement. We warrant that we will provide the service with reasonable skill and care, and that we will not materially reduce its core functionality during a paid term.

You warrant that you have the rights and the lawful basis you need for the customer data you send us, and that your use of the service complies with the law that applies to you.

Otherwise, and to the fullest extent the law allows, the service is provided “as is” and “as available”. We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from a course of dealing or trade usage.

We do not warrant that the service will be uninterrupted or error-free, that every defect will be fixed, or that analytics output will be free of gaps caused by ad blockers, client-side failures, network loss, or data you did not send. Analytics informs decisions; it does not make them, and you remain responsible for the decisions you take.

Availability commitments, where they apply, live in a separate service level agreement referenced by your order form. The free plan carries none.

Nothing in this agreement excludes liability that cannot be excluded by law, including for death or personal injury caused by negligence, or for fraud.

Limitation of liability

Neither of us is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of business, loss of goodwill, or any indirect or consequential loss, even if it was foreseeable.

Each party's total liability arising out of or in connection with this agreement, whether in contract, tort (including negligence) or otherwise, is capped at [liability cap — typically fees paid in the preceding 12 months].

The cap does not apply to your obligation to pay fees, to either party's indemnity obligations, or to liability that cannot be limited by law.

These limits apply in aggregate across all claims and reflect how we have set our prices. If you need a different allocation of risk, talk to us at sales@alitycs.com before you subscribe.

Indemnity

You will defend us against any third-party claim that your customer data, or your use of the service, infringes a third party's rights or breaks the law, and pay the damages and costs finally awarded or agreed in settlement.

We will defend you against any third-party claim that the service, used as we intend, infringes that party's intellectual property rights, and pay the damages and costs finally awarded or agreed in settlement. If such a claim looks likely, we may modify the service, obtain a licence, or terminate the affected part and refund the unused portion of prepaid fees. We are not liable where the claim arises from your customer data, from your use of the service in a way we did not intend, or from combining it with something we did not supply.

In each case, the indemnified party must notify the other promptly, let the other control the defence, and give reasonable assistance. No settlement that admits fault or imposes an obligation on the indemnified party may be made without its consent.

Confidentiality

Confidential information is anything one of us discloses that is marked confidential or that a reasonable person would understand to be confidential — including your customer data and our non-public product and pricing information.

Each of us will protect the other's confidential information with at least the care we use for our own, use it only to perform this agreement, and disclose it only to people and advisers who need it and are bound by confidentiality obligations at least as strict.

This does not apply to information that is public through no fault of the recipient, that the recipient already had, that a third party lawfully provided, or that the recipient developed independently. If the law compels disclosure, the recipient will tell the other party first where it lawfully can, and disclose only what is required.

These obligations last for [confidentiality survival period] after termination, and indefinitely for customer data and trade secrets.

Changes to the service and to these terms

We improve the service continuously, and we may add, change or remove features. We will not materially reduce the core functionality of a plan during a paid term. Where we deprecate an API or SDK, we will give at least [API deprecation notice period] notice and describe the migration path in the documentation.

We may change these terms. We will post the new version here with a new date, and for a material change we will give customers at least [notice period for material terms changes] notice by email or in the application. The change takes effect at the end of that notice period, or at your next renewal, whichever is later.

If you do not accept a material change, you can terminate before it takes effect and we will refund the unused portion of any prepaid fees. Continuing to use the service after the change takes effect means you accept it.

Governing law and disputes

This agreement, and any dispute arising out of it, is governed by the law of [governing law jurisdiction], without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The courts of [venue for disputes] have exclusive jurisdiction, and each of us submits to them. Nothing stops either of us from seeking urgent injunctive relief in any competent court.

Before starting proceedings, talk to us. Send a written description of the dispute to [legal notices address] and we will try in good faith to resolve it within [informal dispute resolution period].

If you are a consumer, mandatory consumer protection law in your country of residence still applies and nothing here takes it away.

General

Assignment

You may not assign this agreement without our written consent, except to a successor of your business that is not our competitor and that assumes your obligations. We may assign it to an affiliate or in connection with a merger, acquisition or sale of assets. Any other attempted assignment is void.

Notices

We send legal notices to the email address on your account and to your workspace administrators; it is your job to keep those current. You send legal notices to [legal notices address], with a copy to support@alitycs.com. A notice is effective when delivered, or on the next business day if delivered outside business hours.

Subcontractors and affiliates

We may use subcontractors and affiliates to provide the service, and we remain responsible for what they do. Subprocessors that handle personal data are governed by the DPA.

Publicity

We will not use your name or logo publicly without your written permission, and you can withdraw permission at any time.

Force majeure

Neither of us is liable for a delay or failure caused by something outside our reasonable control, provided we tell the other and work to resume performance. This does not excuse a failure to pay.

Severability, waiver and entire agreement

If a provision is held unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed, and the rest stands. A failure to enforce a provision is not a waiver of it. These terms, together with the privacy policy, the DPA and any order form, are the entire agreement between us on this subject and replace anything said or written before. Nothing in this agreement creates a partnership, joint venture, employment or agency relationship, or gives any third party the right to enforce it.