1. Acceptance of Terms
By accessing or using Fairlytics ("Service"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the Service. These Terms constitute a legally binding agreement between you and Fairlytics.
2. Description of Service
Fairlytics provides privacy-first web analytics. We collect anonymous, aggregated traffic data for websites you register with us. We do not collect personal data from your website visitors. The Service includes a tracking script, a dashboard for viewing analytics, CSV export, API access (on eligible plans), and weekly email reports.
3. Account Registration
To use the Service, you must create an account. You agree to:
- Provide a valid email address and create a secure password
- Be at least 18 years old
- Maintain the security of your account credentials
- Be responsible for all activity that occurs under your account
- Notify us immediately of any unauthorized use of your account
One person or legal entity may maintain multiple accounts only for separate projects or organizations. We reserve the right to remove duplicate accounts created to circumvent plan limits.
4. Acceptable Use
You agree not to:
- Use the Service for any illegal purpose or in violation of any applicable laws
- Attempt to reverse-engineer, decompile, or exploit the Service
- Send automated or bot traffic to inflate analytics numbers
- Share your account credentials with unauthorized third parties
- Use the Service to track websites you do not own or have explicit permission to track
- Use event names, page paths, or other tracked values to transmit personal data through the Service
- Interfere with or disrupt the Service's infrastructure
- Access the Service through automated means (scraping, crawling) except via the provided API
We reserve the right to suspend or terminate accounts that violate these terms without prior notice.
5. Subscription Plans and Billing
5.1 Plans
Fairlytics offers Free, Pro, and Business subscription plans. Features and limits for each plan are described on our pricing page. We may update plan features and limits from time to time.
5.2 Billing
Paid subscriptions are billed either monthly or annually via Stripe. Annual plans receive a 20% discount compared to monthly billing. All prices are in US dollars unless otherwise stated.
5.3 Cancellation
You can cancel your paid subscription at any time. Upon cancellation:
- You retain access to paid features until the end of your current billing period
- Your account is then downgraded to the Free plan
- Your analytics data is preserved and accessible on the Free plan
5.4 Refunds
We offer a full refund within 14 days of your initial subscription or upgrade. After 14 days, refunds are handled on a case-by-case basis. Annual subscriptions may be refunded on a pro-rata basis within the first 30 days.
5.5 Plan Limits
Each plan includes a monthly page view limit. When you exceed your plan's limit, tracking will be paused for the remainder of the billing period. We will make reasonable efforts to notify you before tracking stops. Upgrading your plan immediately restores tracking.
6. Data Ownership and Privacy
6.1 Your Data
You own your analytics data. We do not claim any intellectual property rights over the data collected on your behalf. You may export your data in CSV format at any time.
6.2 Our Use of Your Data
We process your analytics data solely to provide the Service to you. We do not sell, share, or transfer your data to third parties except as described in our Privacy Policy and Data Processing Agreement.
6.3 Account Deletion
Upon account deletion, all your data — including analytics, website configurations, team members, and API keys — is permanently removed within 30 days. Aggregated, anonymized statistics that cannot be attributed to you may be retained. Billing records are retained as required by applicable tax law.
7. Intellectual Property
The Fairlytics Service, including its software, design, documentation, trademarks, and all related intellectual property, is owned by Fairlytics. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.
The tracking script provided to you is licensed for use solely on websites you have registered with Fairlytics. You may not modify, redistribute, or use the script for purposes other than sending analytics data to your Fairlytics account.
8. Service Availability
We aim for high availability but do not guarantee 100% uptime. The Service is provided on an "as-available" basis. We are not liable for any losses arising from service interruptions, including but not limited to missed page view data during outages.
We may perform scheduled maintenance that temporarily affects availability. Where possible, we will provide advance notice of scheduled maintenance.
9. Disclaimer of Warranties
THE SERVICE IS 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 SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DATA COLLECTION WILL BE COMPLETE OR ACCURATE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAIRLYTICS' TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL FAIRLYTICS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
11. Indemnification
You agree to indemnify and hold harmless Fairlytics from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:
- Your use of the Service in violation of these Terms
- Your violation of any applicable law or regulation
- Your website's failure to comply with applicable privacy laws (e.g., not disclosing the use of analytics in your privacy policy)
12. Changes to Terms
We may update these Terms from time to time. When we make material changes:
- We will update the "Last updated" date above
- We will notify account holders via email at least 30 days before changes take effect
Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service before the effective date.
13. Termination
13.1 By You
You may delete your account at any time through the Service or by contacting us. Deletion is subject to Section 6.3.
13.2 By Us
We may suspend or terminate your account immediately if you violate these Terms. We may also terminate your account with 30 days' notice for any other reason, in which case we will refund any prepaid fees for the remaining subscription period.
13.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Sections 6, 7, 9, 10, 11, 14, and 15) shall survive.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to conflict of law principles. Where EU law mandates specific consumer protections, those protections shall apply regardless of the governing law.
14.2 Dispute Resolution
The parties agree to attempt to resolve any dispute arising from these Terms through good-faith negotiation. If negotiation fails, disputes shall be submitted to the courts of Barcelona, Spain.
If you are a consumer in the EU, you may also use the European Commission's Online Dispute Resolution platform. Nothing in these Terms affects your rights as a consumer under applicable mandatory consumer protection laws.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and Fairlytics regarding the Service.
15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
15.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
15.4 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets, with notice to you.
15.5 Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including natural disasters, acts of government, pandemics, internet outages, or infrastructure failures of third-party providers.
16. Contact
Questions about these Terms? Email legal@fairlytics.dev or use our contact form.