Terms of Service
Last updated: November 26, 2025
Quick Summary
- Free Tier: We own your data and can use it however we want
- Paid Tiers: You own your data, we only process it for you
- Commercial Use: Free tier limited to projects with <$10K/month revenue
- No Warranty: Free tier provided "AS IS" with no guarantees
- Arbitration: Disputes go to binding arbitration (no class actions)
1. Acceptance of Terms
By accessing or using Telemetry Kit ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
We reserve the right to modify these Terms at any time. Material changes will be notified via email or dashboard notification. Continued use after changes constitutes acceptance of the new Terms.
2. Definitions
- "Service" means the Telemetry Kit analytics platform, including all APIs, SDKs, dashboards, and related services.
- "User," "you," "your" means any individual or entity using the Service.
- "We," "us," "our" means Telemetry Kit and its operators.
- "Analytics Data" means data collected through our SDK from your websites or applications.
- "Account Data" means information you provide during registration.
- "Free Tier" means the no-cost tier of Service.
- "Paid Tier" means Starter, Pro, or Business subscription plans.
3. Account Registration
3.1 Eligibility
You must be at least 16 years old and capable of entering into a binding contract to use the Service.
3.2 Account Creation
You must provide accurate and complete information during registration via GitHub OAuth. You are responsible for maintaining the security of your account.
3.3 Account Responsibility
You are responsible for all activities under your account. Notify us immediately of any unauthorized use.
4. Service Description
4.1 Analytics Service
We provide privacy-first web analytics including:
- Page view and event tracking
- Visitor statistics (without personal identification)
- Real-time and historical dashboards
- API access for data retrieval
- Do Not Track (DNT) signal compliance
4.2 Service Availability
We strive for high availability but do not guarantee uninterrupted service. Scheduled maintenance will be announced when possible.
4.3 Service Modifications
We may modify, suspend, or discontinue any part of the Service at any time. Paid tier users will receive 30 days notice for material changes.
5. Data Ownership
5.1 Free Tier - We Own Your Data
By using the Free Tier, you irrevocably grant us a perpetual, worldwide, royalty-free, sublicensable license to use, modify, distribute, and create derivative works from all Analytics Data you send to the Service. This includes but is not limited to:
- Using your data internally for any purpose
- Aggregating your data with other users' data
- Creating and selling aggregated insights and reports
- Training machine learning models
- Sharing anonymized data with third parties
- Publishing aggregated statistics
This license survives termination of your account.
5.2 Paid Tiers - You Own Your Data
For Starter, Pro, and Business tiers:
- You retain full ownership of all Analytics Data
- We act only as a data processor on your behalf
- We will not sell, share, or use your data except to provide the Service
- You may export your data at any time
- We will delete your data upon request or account termination
- Business tier customers may request a Data Processing Agreement (DPA)
5.3 Account Data
Regardless of tier, Account Data (GitHub profile information) is used solely for authentication and service provision.
6. Pricing and Payment
6.1 Free Tier Limitations
- Limited to 10,000 events per month
- Limited to projects generating less than $10,000/month in revenue
- No SLA or support guarantees
- We own your data (see Section 5.1)
6.2 Paid Tier Pricing
| Plan | Price | Events/Month | Data Retention |
|---|---|---|---|
| Starter | $29/month | 100,000 | 12 months |
| Pro | $99/month | 1,000,000 | 24 months |
| Business | $299/month | 10,000,000 | Unlimited |
6.3 Billing
Paid subscriptions are billed monthly in advance. Payments are processed via Stripe. All fees are non-refundable except as required by law.
6.4 Price Changes
We may change prices with 30 days notice. Existing subscriptions are honored until renewal.
6.5 OSS Program
Open source projects may qualify for free or discounted paid tier access. Contact us at [email protected].
7. Acceptable Use
You agree NOT to:
- Use the Service for any illegal purpose
- Collect personal identifiable information (PII) through our SDK
- Attempt to bypass rate limits or usage quotas
- Reverse engineer, decompile, or disassemble the Service
- Interfere with or disrupt the Service
- Use the Service to track users without appropriate consent where required
- Resell or redistribute the Service without permission
- Use the Service in violation of any export laws
Violation may result in immediate termination without refund.
8. Intellectual Property
8.1 Our IP
The Service, including all software, designs, documentation, and trademarks, is owned by us and protected by intellectual property laws.
8.2 Your License
We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
8.3 Feedback
Any feedback or suggestions you provide may be used by us without compensation or attribution.
8.4 Open Source
Portions of our Service are open source under separate licenses. See our GitHub repository for details.
9. Termination
9.1 By You
You may terminate your account at any time through the dashboard. Paid subscriptions will continue until the end of the billing period.
9.2 By Us
We may terminate or suspend your account:
- For violation of these Terms (immediately)
- For non-payment (after 7 days grace period)
- For any reason with 30 days notice
9.3 Effect of Termination
- Free Tier: We retain all data (we own it)
- Paid Tier: Data deleted within 30 days unless you request export
10. Disclaimers
10.1 Free Tier - AS IS
THE FREE TIER SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 Paid Tiers
We warrant that paid tier services will be provided with reasonable skill and care. Our sole obligation for breach is to remedy the defect or refund the pro-rated subscription fee.
10.3 No Guarantee
We do not guarantee that the Service will be uninterrupted, error-free, or secure. We are not responsible for third-party actions or content.
11. Limitation of Liability
11.1 Free Tier
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM USE OF THE FREE TIER SERVICE.
11.2 Paid Tiers
Our total liability for paid tiers shall not exceed the amount you paid in the 12 months preceding the claim.
11.3 Exclusions
We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption.
12. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Content or data you submit to the Service
13. Dispute Resolution
13.1 Informal Resolution
Before filing any claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.
13.2 Binding Arbitration
Any dispute not resolved informally shall be resolved by binding arbitration under the rules of the American Arbitration Association. Arbitration will be conducted in English.
13.3 Class Action Waiver
YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. All claims must be brought individually.
13.4 Small Claims Exception
Either party may bring individual claims in small claims court if eligible.
13.5 Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.
14. General Provisions
14.1 Entire Agreement
These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and us.
14.2 Severability
If any provision is found unenforceable, the remaining provisions remain in effect.
14.3 Waiver
Failure to enforce any provision does not waive our right to enforce it later.
14.4 Assignment
You may not assign these Terms. We may assign our rights and obligations.
14.5 Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control.
15. Contact Information
For questions about these Terms:
- Email: [email protected]
- GitHub: ibrahimcesar/telemetry-kit