Terms of Service

1. Agreement to Terms

By accessing or using PerchLens ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Service. The Service is operated by nxyz("PerchLens", "we", "us", "our").

2. Description of Service

PerchLens provides web analytics software for measuring traffic on websites you operate. The Service includes a tracking script, a dashboard for viewing analytics data, scheduled reports, AI-generated recommendations, integrations (Google Search Console, webhooks), and APIs.

3. Accounts

You must create an account to use the Service. You are responsible for maintaining the security of your account and all activity that occurs under it. You must provide accurate and complete information when creating your account, and you must promptly update it when it changes.

4. Plans, Billing, and Refunds

The Service is offered in three tiers:

• Free — 3 sites, 10,000 pageviews per month, 7-day data retention
• Pro — $9 / month, 10 sites, 100,000 pageviews per month, 1-year retention
• Studio — $29 / month, 50 sites, 1,000,000 pageviews per month, 5-year retention

Current features and limits are listed on the pricing page; that page is part of these Terms by reference. Payments are processed by Paddle, our merchant of record. Paddle handles billing, applicable taxes, and refunds. Refunds are governed by our Refund Policy. We may change pricing or plan features on at least 30 days' notice; changes apply at your next renewal.

5. Customer Data and Roles

You retain ownership of your analytics data. With respect to data collected from visitors to your websites, you are the data controller and we act as your data processor. You are responsible for having a lawful basis to deploy the tracking script on your sites and for any disclosures required to your visitors. We process visitor data only as instructed by you and as described in our Privacy Policy.

We do not sell or share your data or your visitors' data with third parties for marketing purposes.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful or fraudulent purpose
• Attempt to gain unauthorised access to the Service or its systems, probe its security, or circumvent rate limits
• Transmit malicious code, denial-of-service traffic, or otherwise interfere with the Service
• Use the Service to track individuals without an appropriate legal basis
• Pass directly identifying personal data (names, email addresses, phone numbers, government IDs, payment-card data, health data) into custom events or properties — the Service is not designed to receive that data
• Resell, sublicense, or redistribute the Service without written permission
• Use the Service to crawl, scrape, or compete with third parties in violation of their terms
• Misrepresent your identity or affiliation

We may suspend or terminate access for violations of this section, with or without notice depending on severity.

7. Service Levels and Availability

We aim for 99.5% monthly uptime measured at the ingest endpoint, but the Service is provided on a best-effort basis. Free plans receive no service-level commitment. Business customers may request a written service-level agreement by contacting support@perchlens.com.

8. Privacy

Our tracking script is cookieless and does not collect personal data from your website visitors. See the Privacy Policy for what we process and why. You are responsible for complying with applicable data-protection laws in the jurisdictions where you operate.

9. Intellectual Property

The Service, including its code, design, documentation, and brand assets, is owned by PerchLens and is protected by copyright and other intellectual-property laws. We grant you a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms. Your analytics data belongs to you.

10. Termination

You may cancel your account at any time from the dashboard. We may suspend or terminate your access if you breach these Terms, if your account is dormant, or if we are required to do so by law. Upon termination, your account data and analytics events are deleted within 30 days, except where we are required to retain billing records for tax purposes (typically 7 years).

11. Disclaimers and Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, or non-infringement, except where such warranties cannot be excluded under applicable law.

To the maximum extent permitted by law, PerchLens and its affiliates are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or relating to your use of the Service. Our total aggregate liability under these Terms is limited to the greater of (a) the amount you paid us in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars (US$100).

Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or any liability that cannot be excluded under applicable law.

12. Indemnification

You agree to indemnify and hold harmless PerchLens and its affiliates, officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, the data you process through the Service, your violation of these Terms, or your violation of any rights of a third party (including data-subject rights of your website visitors).

13. Age Requirement

You must be at least 16 years old to use the Service. By creating an account, you represent that you meet this age requirement. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

14. Force Majeure

Neither party is liable for failure or delay in performance caused by events beyond reasonable control, including natural disasters, acts of war or terrorism, civil unrest, government action, network or power outages, or failures of third-party infrastructure on which the Service depends.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Any disputes shall be resolved in the courts of Delaware, except that you may bring claims in your local courts where mandatory consumer-protection law requires it. We each waive any right to participate in a class action.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will be announced by email and via the in-product changelog at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

17. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full effect. These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and PerchLens regarding the Service and supersede any prior agreements.

18. Contact

Questions about these Terms? support@perchlens.com. The legal entity operating the Service is nxyz.