Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the Embaze website, applications, APIs, and analytics services (collectively, the “Services”). By creating an account, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

2. Description of Services

Embaze provides privacy-focused website analytics. Our Services allow you to measure traffic, pageviews, referrers, visitor geography, devices, and custom events through a lightweight tracking script that you install on websites you own or control.

3. Eligibility and Accounts

You must be at least 18 years old and capable of forming a binding contract to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use or security breach.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:

• Install the Embaze tracking script on websites you do not own or control without proper authorization;
• Use the Services to collect personally identifiable information in violation of applicable privacy laws;
• Attempt to interfere with, disrupt, or gain unauthorized access to the Services or its infrastructure;
• Resell, sublicense, or commercially exploit the Services without our express written consent;
• Use the Services to send spam, malware, or other harmful code.

5. Data You Collect

You retain ownership of the analytics data collected from websites you own or control. You are solely responsible for ensuring that your use of the Services, including the installation of our tracking script, complies with all applicable laws, regulations, and your own privacy policies. We do not sell your analytics data to third parties.

6. Subscription, Billing, and Cancellation

Some features of the Services may require payment. Fees are described on our pricing page and are subject to change with reasonable notice. All payments are non-refundable unless otherwise stated. You may cancel your subscription at any time through your account settings. Upon cancellation, your access to paid features will continue until the end of the current billing period.

7. Intellectual Property

Embaze and its licensors own all rights, title, and interest in and to the Services, including all software, trademarks, logos, and content made available through the Services. These Terms do not grant you any right to use our trademarks or branding except as necessary to install and use the tracking script in accordance with these Terms.

8. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or engaged in fraudulent or illegal activity. You may terminate your account at any time by contacting us. Upon termination, all licenses and rights granted to you under these Terms will immediately cease.

9. Disclaimers

The Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.

10. Limitation of Liability

To the fullest extent permitted by law, Embaze and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data, arising out of or relating to your use of the Services. Our total liability for any claim arising out of these Terms or the Services will not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to liability, or one hundred US dollars (USD $100), whichever is greater.

11. Indemnification

You agree to indemnify and hold harmless Embaze and its affiliates, officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your violation of these Terms, or your violation of any third-party right.

12. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any dispute arising out of these Terms or the Services will be resolved exclusively in the state or federal courts located in Delaware, and both parties consent to the personal jurisdiction of those courts.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a prominent notice on the Services before the changes become effective. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.

14. Contact Us

If you have any questions about these Terms, please contact us at legal@embaze.com.