These terms are the agreement between you and Kapybara LLC for your use of SnowAnalytics. By creating an account or using the service, you accept them. If you are agreeing on behalf of a company, you are confirming you have the authority to do so.
The two things worth knowing before the detail: your data stays yours, and our software stays ours. Everything below elaborates.
01The service
SnowAnalytics is a hosted web analytics service. You install a tracking script on websites you control, and we collect, store and present the resulting analytics to you.
We improve the product continuously, which means features change. If we remove or materially degrade something you rely on, we will give you reasonable notice. We may run scheduled maintenance; we aim for high availability but we do not offer a contractual uptime guarantee on self-serve plans.
02Your account
You must give accurate registration details and keep your credentials secure. You are responsible for everything that happens under your account, including anything done by people you invite to it.
You must be old enough to enter a contract where you live. Tell us promptly at [email protected] if you believe your account has been compromised.
03Tracking websites lawfully
This section matters more than the rest, because it is the part people most often get wrong.
- You may only install the tracking script on websites you own or are authorised to operate.
- You are the data controller for the analytics data you collect. You need your own lawful basis for collecting it and your own privacy notice telling visitors it is happening.
- If you enable a first-party cookie, identified visitors, or revenue attribution, you take on the additional consent and disclosure duties that come with them.
- You must not use SnowAnalytics to collect special categories of personal data, including health, biometric, political, religious or similar data, or any data about children where that requires consent you do not have.
We provide the tooling; complying with the law in your jurisdiction is your responsibility.
04Acceptable use
You agree not to:
- Reverse engineer, decompile, resell, sublicense or rehost the service, or use it to build a competing product.
- Attempt to gain unauthorised access to the service, other customers' data, or the systems that run it.
- Send deliberately falsified analytics data, or use the service in a way that degrades it for other customers.
- Use the service for anything illegal, or to track people covertly in a way that would be unlawful where they are.
05Who owns what
Your data is yours. You keep all rights to the analytics data collected through your account and to anything you upload. You can export it at any time, and you can take it with you if you leave.
You grant us only the licence we need to run the service: to store, process and display that data back to you, and to keep backups.
Our software is ours. SnowAnalytics, its source code, design and documentation are proprietary to Kapybara LLC and all rights are reserved. Your subscription is a right to use the hosted service, not a licence to the software. No right to access, copy, modify, distribute or host the software is granted unless Kapybara LLC agrees otherwise in writing.
We handle personal data as described in the Privacy Policy, which forms part of these terms.
06Plans, fees and trials
Paid plans are billed in advance, monthly or annually, at the prices shown on our pricing page. Each plan includes a monthly event allowance.
Free trials run for the period stated at sign-up and require no payment method. We will not start charging you at the end of a trial without you actively choosing a plan.
If you exceed your event allowance we will contact you rather than silently dropping your data or issuing a surprise invoice. We may change prices with at least 30 days' notice to existing customers; the new price applies from your next billing period.
Cancellation and refunds are covered in the Refunds & Cancellation Policy.
07Suspension and termination
You can close your account at any time from your account settings, or by emailing us.
We may suspend or terminate an account that materially breaches these terms, that is being used unlawfully, or that has unpaid fees. Except where the breach is serious or unlawful, we will give you notice and a reasonable chance to fix it first.
After termination we delete your data as described in the Privacy Policy. Export anything you want to keep before closing your account.
08Warranties and liability
The service is provided “as is”. To the fullest extent the law allows, we disclaim implied 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 figures will be perfectly accurate. No analytics product can honestly promise that.
To the fullest extent the law allows, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits or lost data. Our total liability arising out of these terms is limited to the amount you paid us in the twelve months before the event giving rise to the claim.
Nothing here excludes liability that cannot lawfully be excluded, including for fraud or for death or personal injury caused by negligence. Some jurisdictions do not allow certain exclusions, in which case they simply do not apply to you.
09General terms
Changes. We may update these terms. If a change materially affects your rights we will email account holders before it takes effect. Continuing to use the service after that means you accept the new terms.
Governing law. These terms are governed by the laws of the State of Wyoming, United States, and its courts have exclusive jurisdiction over disputes, without regard to conflict-of-law rules.
Severability and waiver. If any provision is held unenforceable, the rest stays in force. Not enforcing a right straight away does not waive it.
Entire agreement. These terms, together with the Privacy, Cookie and Refunds policies, are the whole agreement between us about the service.
Questions: [email protected]. Kapybara LLC, 1309 Coffeen Avenue, Suite 1200, Sheridan, Wyoming 82801, United States.
Other policies
Questions about this policy? Email [email protected].