These Terms of Service ("Terms") govern your access to and use of the Focalytics software platform and services (the "Service") offered by Focalytics ("we", "us"). By registering for an account, or by accessing or using the Service, you ("Client", "you") agree to be bound by these Terms.
1. The Service
Focalytics provides a data analytics platform that allows you to connect third-party data sources (such as Google Analytics) via OAuth. The Service analyzes this data to generate reports, identify tracking inefficiencies, and provide actionable insights ("Reports").
The Service is provided on a subscription basis, subject to the plans and pricing listed on our website.
2. Account Registration
You must create an account to access the Service. You agree to:
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Provide accurate, current, and complete information during registration.
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Maintain the security of your account password and credentials.
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Be fully responsible for all activities that occur under your account.
You must notify us immediately of any unauthorized use of your account.
3. Subscriptions and Payment
Billing: The Service is billed in advance on a subscription basis (e.g., monthly or annually). You will be billed on a recurring and periodic basis ("Billing Cycle").
Automatic Renewal: At the end of each Billing Cycle, your subscription will automatically renew unless you or Focalytics cancels it.
Payment Method: A valid payment method is required. You authorize us to charge all subscription fees to the payment method you provide.
4. Refund Policy
All fees are non-refundable, except as required by law or at our sole discretion. There will be no refunds or credits for partial subscription periods, downgrade refunds, or refunds for time unused with an open account.
5. Client Obligations and Data
Connecting Accounts: You are solely responsible for establishing a connection between the Service and your third-party data sources ("Client Data") via the OAuth authorization protocol.
Data Rights: You warrant that you have all necessary rights, permissions, and consents to connect your Client Data to the Service and to grant Focalytics the permissions required to provide the Service.
Data Accuracy: You are responsible for the quality and accuracy of your Client Data. The insights and Reports provided by the Service are directly dependent on the quality of the data you provide. We are not responsible for any inaccuracies in Reports due to poor or incomplete Client Data.
6. Data Privacy and Handling
Your privacy is critical to us. All Client Data you provide or that we access through connected accounts is subject to our Privacy Policy, which is hereby incorporated into these Terms.
Our use and handling of data received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements, as detailed in our Privacy Policy.
7. Intellectual Property & Confidentiality
Our IP: We retain all rights, title, and interest in and to the Service, including all underlying software, code, proprietary methods, visual interfaces, and aggregated, anonymized data. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription term.
Your IP: You retain all rights, title, and interest in and to your Client Data. You also own the final Reports generated by the Service specifically from your Client Data.
Confidentiality: Both parties agree to treat all non-public information received from the other party as confidential and not to disclose it to any third party without prior written consent.
8. Disclaimer of Warranties
The Service is provided "as is" and "as available," without any warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, or secure. We make no warranties regarding specific business outcomes, revenue increases, or the accuracy of all insights, which are provided for informational purposes only.
9. Limitation of Liability
To the maximum extent permitted by law, Focalytics shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly. In no event shall our total aggregate liability for all claims arising out of these Terms exceed the total fees paid by you to Focalytics in the twelve (12) months immediately preceding the event giving rise to the claim.
10. Term and Termination
Term: These Terms are effective upon your creation of an account and continue as long as you have an active subscription or are using the Service.
Termination by You: You may terminate these Terms at any time by canceling your subscription and ceasing all use of the Service.
Termination by Us: We may suspend or terminate your access to the Service at any time, with or without cause. If we terminate without cause, we may provide a pro-rata refund for any prepaid, unused fees.
Effect of Termination: Upon termination, your right to access the Service will immediately cease. Refer to our Privacy Policy for data retention and deletion timelines.
11. Changes to These Terms
We may update these Terms periodically. Updates will be posted with the revised date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
12. Governing Law
These Terms shall be governed by the laws of Netherlands.
13. Contact Information
For questions regarding these Terms, please contact us.