OptikAnalytics Terms of Service

Thanks for using OptikAnalytics. These Terms of Service ("Terms") govern your use of the OptikAnalytics website and service (collectively, the "Service") operated by OptikAnalytics LLC ("OptikAnalytics," "we," "us," or "our"), a company incorporated in the State of Illinois, United States.

By accessing or using the Service, you agree to be bound by these Terms. If you don't agree, don't use the Service.

1. Definitions

• "Account" means your registered OptikAnalytics account.
• "Customer," "you," or "your" means the individual or entity that registers for an Account.
• "End User" means a visitor to a website on which you've installed the OptikAnalytics tracking script.
• "Analytics Data" means the website traffic and visitor behavior data collected by the Service on your behalf.
• "Tracking Script" means the JavaScript code snippet you embed on your website(s) to collect Analytics Data.

2. Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction, whichever is greater) to create an Account and use the Service. By creating an Account, you represent and warrant that you meet this requirement and that all registration information you provide is accurate.

If you're using the Service on behalf of an organization, you represent that you've got the authority to bind that organization to these Terms.

3. Account registration and security

You're responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You agree to notify us immediately at hello@optikanalytics.com if you become aware of any unauthorized use of your Account.

We reserve the right to suspend or terminate any Account that we reasonably believe has been compromised or is being used in violation of these Terms.

4. The service

OptikAnalytics is a privacy-focused web analytics platform. The Service allows you to embed a Tracking Script on your website(s) to collect and view Analytics Data through our dashboard.

4.1 Tracking modes

OptikAnalytics offers two tracking modes:

• Lightweight Mode: A cookie-free tracking script (under 1KB gzipped) that collects anonymized analytics data (pageviews, referrers, devices, browsers, operating systems, countries, regions, cities, screen sizes, UTM parameters, goals, outbound link clicks, and similar aggregated metrics). This mode doesn't use cookies or any browser storage and doesn't require a cookie consent banner on your website.
• Advanced Mode: A fuller tracking script that enables additional features including visitor and session tracking, session replays, click and scroll heatmaps, and visitor journey tracking. This mode stores random visitor and session identifiers in End Users' browser local storage (it doesn't use cookies) and requires you to display an appropriate consent banner and obtain End User consent in compliance with applicable privacy laws.

You're solely responsible for selecting the appropriate tracking mode for your website(s), implementing any required consent mechanisms, and complying with all applicable privacy regulations (including GDPR, CCPA/CPRA, ePrivacy Directive, and PECR) in connection with your use of the Service.

4.2 Data collected

Depending on the tracking mode you select, the Service may collect the following categories of data from End Users:

• Pages viewed and entry pages
• Exit pages, session duration, and visitor journeys (Advanced Mode only)
• Referrer URLs and UTM campaign parameters
• Continent, country, region, city, and timezone
• Device type, operating system, browser, and browser language
• Screen resolution and light/dark mode preference
• Visiting hours
• Goals and conversion events
• Outbound link clicks
• Custom parameters you choose to send (Advanced Mode only)
• Click, scroll, window resize, and form submission events (Advanced Mode only; form field values are never collected)
• Session replay recordings (Advanced Mode only)
• Click and scroll heatmap data (Advanced Mode only)

In Lightweight Mode, the Service doesn't use cookies or browser storage, doesn't store IP addresses (they're used in memory only for geolocation and IP exclusion, then discarded), and doesn't track individual users across sessions or websites.

In Advanced Mode, the Service also processes random persistent identifiers stored in local storage to enable visitor, session, replay, and heatmap features. IP addresses are masked before storage by default, and full IP addresses are only stored if IP storage is turned on for that website. You must ensure appropriate consent is obtained from End Users before enabling Advanced Mode.

5. Your responsibilities

1. Use the Service only for lawful purposes and in compliance with all applicable laws
2. Not use the Service to track websites you don't own or have authorization to track
3. Implement any required cookie consent banners, privacy notices, or opt-out mechanisms on your website(s) as required by applicable law based on the tracking mode you've selected
4. Not attempt to reverse-engineer, decompile, or disassemble any part of the Service
5. Not interfere with or disrupt the integrity or performance of the Service
6. Not use the Service to transmit any malicious code or engage in any activity that could harm the Service or other users
7. Not resell, sublicense, or redistribute access to the Service without our prior written consent
8. Not send personal data (such as names, email addresses, phone numbers, or account IDs that identify a person) or special categories of personal data to the Service through custom parameters, event data, page URLs, or UTM parameters
9. If you use session replays, hide any on-page text that displays personal data using the Service's text-hiding settings. Form inputs are masked automatically, but other visible page content is recorded

6. Subscription plans and payment

6.1 Plans

The Service is offered through tiered subscription plans (currently: Starter, Pro, and Business), each with different feature sets and usage limits. Current plan details and pricing are available on our website at optikanalytics.com.

6.2 Billing

All payments are processed by Paddle (Paddle.com Market Limited), which acts as our Merchant of Record. Paddle handles all billing, invoicing, sales tax, and VAT on our behalf. By subscribing, you also agree to Paddle's terms of service and buyer terms.

Subscriptions are billed in advance on a recurring basis (monthly or annual, depending on the plan you select). Annual subscriptions receive a discount equivalent to two months free.

6.3 Free trial

We may offer a free trial period. No credit card is required to start a trial. If you don't subscribe to a paid plan before the trial ends, your Account moves to the free plan as described in Section 10.2.

6.4 Plan changes

You may upgrade or downgrade your subscription plan at any time through your Account dashboard. Upgrades take effect immediately, and you'll be charged a prorated amount. Downgrades take effect at the start of your next billing cycle.

6.5 Refunds

You can request a full refund within 14 days of any payment, including renewals. Refunds are processed by Paddle, our Merchant of Record, in line with Paddle's Buyer Terms. Full details are in our Refund policy at optikanalytics.com/refund-policy. If you cancel without a refund, you retain access to your paid plan until the end of the current billing period.

6.6 Usage limits

Each plan includes monthly usage limits (such as tracked events, session replays, and heatmap data). When a website reaches a monthly limit, the Service pauses collecting the affected data for that website until the limit resets at the start of the next monthly cycle or you upgrade to a plan with a higher limit. Data isn't collected while tracking is paused and can't be recovered later. We'll email you when a website reaches its limit so you can upgrade.

7. Intellectual property

7.1 Our IP

The Service, including all software, design, text, graphics, and other content (excluding your Analytics Data), is the property of OptikAnalytics LLC or its licensors and is protected by applicable intellectual property laws. These Terms don't grant you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.

7.2 Your data

You retain full ownership of your Analytics Data. We don't sell, share, or use your Analytics Data for any purpose other than providing the Service to you.

7.3 Feedback

If you provide us with suggestions, ideas, or feedback regarding the Service, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable license to use and incorporate that feedback into the Service without any obligation to you.

8. Privacy and data protection

8.1 Our privacy commitment

OptikAnalytics is built with privacy as a core principle. In Lightweight Mode, the Service is designed to be GDPR, CCPA, and PECR compliant without requiring cookie consent banners on your website.

8.2 Data we collect about you (account holders)

When you create an Account, we collect your name, email address, billing information, and country of origin. We also keep security and activity logs for your Account (IP address, approximate location, device type, and operating system, recorded when you sign in and take account actions) for 90 days. We use this information to operate the Service, protect your Account, process payments, and communicate with you. Our processing of your personal data is governed by our Privacy Policy, available at optikanalytics.com/privacy.

8.3 Data processing on your behalf

When the Service collects Analytics Data from your website visitors (End Users), we act as a data processor on your behalf (you're the data controller). We process this data solely to provide the Service to you and in accordance with our Data Processing Agreement (DPA), which is incorporated into these Terms by reference.

8.4 Sub-processors

We use the following third-party sub-processors to operate the Service:

• Cloudways / DigitalOcean: Application hosting and data storage (United States)
• Paddle: Payment processing and merchant of record (see Paddle's privacy policy)
• ZeptoMail by Zoho: Transactional email delivery

We may update this list from time to time. Material changes to our sub-processor list will be communicated to you via email or through the Service with reasonable advance notice.

8.5 Data location

All Analytics Data is processed and stored on servers located in the United States, hosted by Cloudways.

8.6 International data transfers

If you or your End Users are located outside the United States (including the European Economic Area, United Kingdom, or Switzerland), the use of our Service involves the transfer of data to the United States. By using the Service, you acknowledge this transfer. We implement appropriate safeguards for international data transfers, including Standard Contractual Clauses (SCCs) where required.

9. Data ownership and portability

9.1 Your data, your property

All Analytics Data collected through your Account belongs to you. We claim no ownership over your Analytics Data.

9.2 Data export

You may export your Analytics Data at any time through the Service dashboard in CSV or JSON format.

9.3 Our administrative data

We collect aggregated, non-personally-identifiable information about our user base for our own operational purposes (such as the total number of registered accounts, general geographic distribution of our customers, and service usage metrics). This administrative data doesn't include your Analytics Data or any data that could identify your End Users.

10. Data retention and deletion

10.1 Active accounts

Analytics Data is retained for the retention period of the plan it was collected under. When data reaches the end of that period, it's automatically and permanently deleted.

10.2 Account cancellation

When you cancel your subscription:

1. You retain access to your plan until the end of the current billing period.
2. After your billing period ends, your Account moves to the free plan. Your existing Analytics Data stays in your Account until it reaches the end of its retention period, you delete it, or your Account is deleted.
3. You can export your Analytics Data, delete individual websites and their Analytics Data, or delete your entire Account at any time from your Account settings.
4. Deleted data is permanently removed from our active systems and purged from backups within 60 days.

10.3 Account deletion requests

You can delete your Account at any time from your Account settings, or request deletion by contacting hello@optikanalytics.com. Upon a verified deletion request:

1. Your Account and all associated Analytics Data will be deleted from active systems within 30 days.
2. Data will be purged from backups within 60 days of deletion from active systems.

This process is compliant with GDPR Article 17 (Right to Erasure) and CCPA §1798.105 (Right to Deletion).

10.4 Billing records

We're required by law to retain billing and financial records (invoices, payment records, tax documents) for a minimum of 7 years from the date of the transaction, regardless of Account status. These records are retained solely for tax, accounting, and legal compliance purposes and are handled by our Merchant of Record, Paddle.

10.5 Inactive accounts

If your Account is on the free plan (including expired trials) and has had no activity for 24 consecutive months, we'll send a deletion notice to your registered email address. If you don't sign in within 30 days of that notice, your Account and all associated data will be deleted.

11. Service availability and support

11.1 No uptime guarantee

The Service is provided on an "as is" and "as available" basis. We don't guarantee any specific level of uptime or availability. While we make commercially reasonable efforts to maintain the reliability of the Service, we don't offer a Service Level Agreement (SLA) at this time.

Our hosting infrastructure is provided by Cloudways. Any hosting-level availability commitments are between OptikAnalytics and Cloudways and don't extend directly to you.

11.2 Maintenance and downtime

We may occasionally need to perform maintenance that could temporarily affect the Service. Where possible, we'll provide advance notice of scheduled maintenance. Analytics Data can't be collected while the Service is unavailable.

12. Termination

12.1 By you

You may cancel your subscription and/or delete your Account at any time. Cancellation and deletion are governed by Section 10.

12.2 By us

We may suspend or terminate your Account if:

1. You breach any provision of these Terms
2. We're required to do so by law
3. Your use of the Service poses a security risk or could harm other users
4. Your Account has been inactive for 24 months (per Section 10.5)

Where reasonably possible, we'll provide you with advance notice and an opportunity to export your data before termination, except in cases of serious or repeated violations.

13. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OPTIKANALYTICS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WON'T EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

15. Indemnification

You agree to indemnify and hold harmless OptikAnalytics LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your failure to implement required consent mechanisms or privacy notices on your website(s).

16. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law principles.

Any disputes arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Cook County, Illinois, and you consent to the personal jurisdiction of such courts.

17. Changes to these terms

We may update these Terms from time to time. When we make material changes, we'll notify you by email and/or through a prominent notice on the Service at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you don't agree to the changes, you must stop using the Service and cancel your Account before the effective date.

18. Miscellaneous

• Entire agreement. These Terms, together with our Privacy Policy and DPA, constitute the entire agreement between you and OptikAnalytics regarding the Service.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver. Our failure to enforce any provision of these Terms won't constitute a waiver of that provision.
• Assignment. You can't assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.
• Force majeure. We won't be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control.

19. Contact

If you've got questions about these Terms, contact us at:

OptikAnalytics LLC

Email: hello@optikanalytics.com

Website: optikanalytics.com