Terms of Service

1. The Service

Otus provides a privacy-first web analytics platform: a lightweight tracking snippet you install on your website(s), a dashboard for viewing traffic reports and insights, and optional integrations for forwarding server-side conversion events to third-party ad platforms you choose to connect. We may add, change, or remove features of the Service from time to time.

2. Accounts

You must provide accurate information when creating an account and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at info@otusanalytics.com if you suspect unauthorised access to your account. You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account.

3. Subscriptions, fees and billing

Paid plans are billed in advance on a recurring basis (monthly or annually, depending on the plan you select), in the currency shown at checkout. By subscribing, you authorise us and our payment processor to charge your chosen payment method for all applicable fees. Fees are exclusive of taxes unless stated otherwise; you are responsible for any applicable taxes.

• Free trial: new accounts on eligible plans receive a 14-day free trial. No payment method is required to start a trial. At the end of the trial, you may choose a paid plan to continue using the Service; your account and data are not automatically charged.
• Upgrades & downgrades: you can change plans at any time from your account settings. Changes take effect according to the proration rules shown to you at the time of the change.
• Cancellation: you may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period, and you will retain access to paid features until then. We do not automatically delete your data on cancellation; see Section 5.
• Refunds: fees are generally non-refundable except where required by law or expressly stated at the time of purchase. If you believe you have been charged in error, contact us and we will review it in good faith.
• Failed payments: if a payment fails, we may retry the charge and/or suspend access to paid features until payment is resolved.
• Price changes: we may change our prices from time to time. We will give you reasonable advance notice of any price increase that affects your active subscription before it takes effect.

4. Acceptable use

You agree not to use the Service to:

• Violate any applicable law or regulation, including data protection and privacy laws that apply to your own website and visitors.
• Track, profile or identify individual end users of your website in a way that circumvents the privacy protections built into the Service without appropriate legal basis, notices, and consent mechanisms of your own.
• Transmit malware, attempt to gain unauthorised access to our systems, or interfere with the integrity or performance of the Service.
• Resell, sublicense or provide the Service to third parties as a standalone product without our prior written consent.
• Use the Service in a manner that infringes the intellectual property or other rights of any third party.
• Reverse-engineer or attempt to extract the source code of the Service, except where permitted by law.

We reserve the right to suspend or terminate accounts that violate this section, in accordance with Section 9.

5. Your data and content

As between you and Otus, you own all data generated through your use of the Service, including your site's analytics data, custom events, and any content you upload or configure ("Customer Data"). You grant us a limited licence to host, process and display Customer Data solely to provide and improve the Service. You can export or delete your Customer Data at any time; upon account closure, we delete Customer Data within a reasonable period, except where retention is required for legal, tax, or accounting purposes. Where required by data protection law, our processing of personal data on your behalf is further governed by a data processing agreement, available on request.

6. Third-party ad platform integrations

The Service allows you to optionally connect third-party ad platforms (such as Google, Meta, TikTok, or OpenAI) in order to forward server-side conversion events you configure. These integrations are entirely opt-in. When you connect a third-party platform:

• You are responsible for having the necessary rights and consents to send the relevant event data to that platform.
• Your use of the connected platform remains subject to that platform's own terms of service and privacy policy.
• We act only as a conduit that transmits the event data you configure to the destination account you specify; we do not control how the third-party platform subsequently processes it.
• You can disconnect any integration at any time from your dashboard settings, which stops all further event delivery.

See our Privacy Policy for details on how we handle Google user data specifically in connection with the Google Ads / GA4 integration.

7. Intellectual property

Otus and its licensors own all right, title and interest in and to the Service, including all software, design, branding and documentation, excluding your Customer Data. Nothing in these Terms grants you any rights to our trademarks, logos, or brand features except as necessary to use the Service as intended.

8. Disclaimers

The 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. We do not warrant that the Service will be uninterrupted, error-free, or completely secure. Analytics figures are estimates based on the data available to us and may differ from other measurement tools.

9. Limitation of liability

To the maximum extent permitted by law, Otus and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our total aggregate liability for any claim arising out of or relating to these Terms or the Service will not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, wilful misconduct, or death or personal injury.

10. Indemnification

You agree to indemnify and hold Otus harmless from any claims, damages, liabilities and expenses (including reasonable legal fees) arising out of your use of the Service, your Customer Data, your connected third-party integrations, or your violation of these Terms or applicable law.

11. Term and termination

These Terms remain in effect for as long as you use the Service. You may terminate your account at any time as described in Section 3. We may suspend or terminate your access to the Service if you materially breach these Terms and fail to cure the breach within a reasonable period after notice, or immediately in cases of serious violations, fraud, or legal requirement. Upon termination, your right to use the Service ceases; Sections 5, 7, 8, 9, 10 and 12 survive termination.

12. Changes to the Service or these Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by email or through a notice in the dashboard at least 14 days before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. We may also modify or discontinue features of the Service, and will provide reasonable notice for changes that materially reduce functionality on a paid plan.

13. Governing law and disputes

These Terms are governed by the laws of the Netherlands, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be submitted to the exclusive jurisdiction of the competent courts of the Netherlands, save for any mandatory consumer protection rights you may have in your country of residence.

14. General

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Otus regarding the Service. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any right or provision is not a waiver of that right. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.

15. Contact us

Questions about these Terms can be sent to info@otusanalytics.com.