Terms of Service

1. Acceptance of Terms

Welcome to ScreenScale. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ScreenScale ("Company," "we," "our," or "us") governing your access to and use of our website analytics platform, including all associated services, features, content, and applications (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

2. Description of Services

ScreenScale provides a comprehensive web analytics platform that includes:

• Heatmaps: Visual representations of user interaction data including clicks, mouse movements, and scroll depth
• Session Recordings: Video recordings of individual user sessions on your website
• Visitor Analytics: Detailed insights about your website visitors, including traffic sources and behavior patterns
• Goal Tracking: Conversion tracking and funnel analysis tools
• AI-Powered Insights: Machine learning-based recommendations for optimizing your website (available on select plans)

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized use of your account
• You may not share your account credentials with third parties
• You may not create multiple free accounts to circumvent usage limits

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Services will immediately cease.

4. Subscription Plans and Payments

4.1 Subscription Tiers

We offer the following subscription plans:

• Starter (Free): Limited features suitable for personal projects and small websites
• Pro: Advanced analytics features for growing businesses
• Business: Enterprise-grade features with priority support

4.2 Payment Terms

• Paid subscriptions are billed in advance on a monthly or annual basis
• All fees are exclusive of applicable taxes unless stated otherwise
• You authorize us to charge your designated payment method for all fees due
• Prices are subject to change with 30 days advance notice

4.3 Automatic Renewal

Paid subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings.

4.4 Failed Payments

If a payment fails, we will attempt to process the payment multiple times. If payment cannot be processed after reasonable attempts, your account may be downgraded to the free tier or suspended.

5. Acceptable Use Policy

You agree to use the Services only for lawful purposes. You shall not:

• Use the Services to collect data in violation of any applicable privacy laws or regulations
• Install the tracking script on websites you do not own or have authorization to monitor
• Use the Services to collect sensitive personal information (health data, financial data, etc.) without proper consent mechanisms
• Attempt to reverse engineer, decompile, or disassemble any portion of the Services
• Use automated systems or software to extract data from the Services without permission
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to the Services or related systems
• Use the Services for any illegal, harmful, or fraudulent activities
• Resell, sublicense, or redistribute the Services without authorization
• Use the Services to monitor websites containing illegal content

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services, including all content, features, functionality, software, and trademarks, are owned by ScreenScale and protected by international copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without prior written consent.

6.2 Your Content

You retain ownership of all data and content you submit through the Services. By using the Services, you grant us a limited license to process, store, and display your data solely for the purpose of providing the Services to you.

6.3 Feedback

If you provide us with any feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation to you.

7. Data Processing and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

When you use our Services to collect analytics data from your website visitors, you are the data controller and we act as your data processor. You are responsible for:

• Obtaining appropriate consent from your website visitors where required by law
• Providing privacy notices that disclose the use of analytics services
• Ensuring your use of the Services complies with applicable data protection laws
• Responding to data subject access requests from your website visitors

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We do not warrant that:

• The Services will be uninterrupted, error-free, or secure
• The results obtained from using the Services will be accurate or reliable
• The Services will meet your specific requirements
• Any errors in the Services will be corrected

You acknowledge that the accuracy of analytics data may be affected by factors outside our control, including ad blockers, browser privacy settings, and network conditions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCREENSCALE SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Any damages arising from your use or inability to use the Services
• Any third-party claims arising from your use of the Services

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless ScreenScale and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Any data collected through your use of the Services

11. Service Level Agreement

For Pro and Business subscribers, we commit to a 99.5% monthly uptime for the core analytics platform. This excludes scheduled maintenance (announced at least 24 hours in advance) and circumstances beyond our reasonable control.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where ScreenScale is registered, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration or in the courts of competent jurisdiction.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and ScreenScale regarding the Services.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15. Contact Information

If you have any questions about these Terms of Service, please contact us: