Version 0.9, effective 6 October 2026
These Terms of Service ("Terms") apply to the use of Otus Analytics (the "Service"), provided by Otus Analytics, a general partnership (vennootschap onder firma) whose registration with the Dutch Chamber of Commerce is in progress (KvK number to follow), with its address at Carnapstraat 112, 1062 KT Amsterdam, the Netherlands ("Otus", "we", "us"). By creating an account, you ("you", the "Customer") agree to these Terms, our Data Processing Agreement and our Privacy Policy.
The Service is intended for businesses and organisations. By creating an account, you confirm that you are acting in the course of a business, profession or organisation and not as a consumer, that you are at least 18 years old and legally able to enter into agreements, and that you are authorised to accept these Terms on behalf of the organisation you represent.
The Service is currently in beta. Features may change, be added or be removed, and we may occasionally experience interruptions while we improve the Service. We will give you reasonable notice of changes that materially reduce the functionality of your plan.
You are responsible for keeping your login details secure and for all activity under your account, including the actions of team members you invite. Tell us immediately at info@otusanalytics.com if you suspect unauthorised access.
4.1 New accounts start with a 14-day free trial. No payment method is required to start the trial, and you are never charged for it. The trial is limited to one per organisation.
4.2 We will remind you by email 3 days before the trial ends. The trial does not convert into a paid subscription automatically. To keep using the Service after the trial, you choose a plan and add a payment method through our payment provider Mollie.
4.3 If you do not choose a plan before the trial ends, we stop processing new data for your sites. Your account and the data collected during the trial are kept for 30 days, so you can still upgrade without losing it. After that period, your account data is deleted. You can also delete your account yourself at any time during the trial in your account settings.
4.4 Paid plans are billed monthly or yearly in advance through Mollie. Subscriptions renew automatically at the end of each billing period until you cancel. Prices are listed on our pricing page and exclude VAT, which is charged where applicable.
4.5 Each plan includes a monthly event allowance shared across all sites in your account. We do not charge overage fees and do not lock your dashboard when you exceed it. If you consistently exceed your allowance, we may ask you to move to a plan that fits your usage.
4.6 We may change our prices with at least 30 days' notice. Price changes apply from your next billing period. If you do not agree, you can cancel before the change takes effect.
5.1 You can cancel your subscription at any time in your account settings. Your plan remains active until the end of the current billing period. Payments already made are not refunded, except when you terminate because you object to a new sub-processor under the Data Processing Agreement, in which case we refund the unused part of your prepaid period.
5.2 If a payment fails, we will notify you by email and may retry the payment. If the payment is still not resolved 14 days after our notice, we may suspend your account until it is. If it remains unresolved 30 days after our notice, we may terminate your account.
5.3 We may also suspend or terminate your account if you materially breach these Terms, if you create multiple trial accounts for the same organisation, or if your use of the Service creates a security or legal risk for us or other customers. Where reasonable, we will warn you first and give you the opportunity to resolve the issue.
5.4 After your subscription ends, you can export your data for 30 days, regardless of your plan. If your plan does not include data exports, you can ask us at info@otusanalytics.com and we will provide your data in a common machine-readable format. After that period, your data is deleted as described in the Data Processing Agreement.
You agree not to:
7.1 You own the data you collect through the Service. We process it on your behalf, as described in the Data Processing Agreement.
7.2 We do not sell your data, use it for advertising, or use it to train AI models. We may use aggregated, non-personal statistics about how the Service is used, such as event volumes and feature usage, to operate and improve the Service.
The AI Analyst and AI Chat generate summaries and answers from your analytics data. AI output can be incomplete or incorrect. Treat it as a starting point for your own analysis, not as verified fact.
If you connect an advertising platform through the Conversion API, you are responsible for your account and agreement with that platform, and for the lawfulness of forwarding data to it. We depend on these platforms' APIs, and cannot guarantee that forwarding keeps working when a platform changes or restricts its API.
10.1 We do our best to keep the Service available and reliable, but we do not guarantee uninterrupted availability, unless agreed otherwise in a separate Enterprise agreement. Support is provided through the channels included in your plan.
10.2 The Service is provided as it is and as available. Apart from what these Terms expressly state, we make no promises about the Service, including that it will be error-free or completely secure, or that it will meet your specific requirements.
10.3 Analytics data is an estimate, not an exact count. Visitor and session figures depend on factors outside our control, such as ad blockers, browser privacy settings, consent choices and, in cookieless mode, the daily rotation of the anonymous identifier. Do not rely on them as the sole basis for decisions where exact figures matter.
11.1 The Service, including its software, design and documentation, belongs to Otus. You receive a non-exclusive, non-transferable right to use the Service for the duration of your trial or subscription. Feedback you give us may be used to improve the Service without obligation to you.
11.2 You may not use our name, logo or other trademarks without our prior written consent, except to refer to the Service accurately, for example by stating that your website is measured with Otus Analytics.
12.1 To the extent permitted by mandatory law, our total liability for any claim arising out of or related to the Service is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
12.2 We are not liable for indirect or consequential damage, including lost profits, lost revenue, loss of data or reputational damage.
12.3 These limitations do not apply to damage caused by our intent or deliberate recklessness.
12.4 You will indemnify us against claims from third parties, including supervisory authorities and visitors of your websites, arising from your use of the Service in violation of these Terms or applicable law.
We may change these Terms. We will notify you of material changes at least 30 days before they take effect. If you do not agree, you can cancel your subscription before the changes take effect.
We may transfer our rights and obligations under these Terms to a successor entity, such as a company that continues the Service. We will notify you of such a transfer. You may not transfer your account without our written consent.
These Terms are governed by Dutch law. Disputes are submitted to the competent court in Amsterdam, the Netherlands, unless mandatory law provides otherwise.
16.1 These Terms, together with the Data Processing Agreement and the Privacy Policy, form the entire agreement between you and us about the Service, and replace any earlier agreements or arrangements about it, unless a separate Enterprise agreement says otherwise. If these Terms and the Data Processing Agreement conflict on the processing of personal data, the Data Processing Agreement prevails.
16.2 Your own general terms and conditions do not apply to the Service.
16.3 If any provision of these Terms is invalid or unenforceable, the remaining provisions stay in force, and the invalid provision is replaced by a valid one that comes as close as possible to its original purpose.
16.4 If we do not enforce a right under these Terms straight away, that does not mean we have waived it.
16.5 Provisions that by their nature are meant to continue after your subscription ends survive its end, including sections 5.4, 7, 10.2, 10.3, 11, 12 and 15.
Otus Analytics, Carnapstraat 112, 1062 KT Amsterdam, the Netherlands, info@otusanalytics.com
See also our Privacy Policy, Data Processing Agreement and Privacy & Compliance pages.