Terms of Use

The following terms and conditions govern use of the kissmetrics.io and app.kissmetrics.io websites, including the Kissmetrics Blog. The services are owned and operated by Sandstorm Analytics, Inc., dba Kissmetrics, and include website analysis, conversion tracking, and customer engagement automation.

By using the services, you agree to be bound by these terms and the Privacy Policy. You must be at least 13 years old. This agreement is legally binding on your use of services.

1. Account Registration and Access

Complete registration requires providing your name, email, telephone, company name, website, and password. You are responsible for protecting your username and password and all activities under your account. You must notify Kissmetrics immediately of unauthorized access or security breaches. Kissmetrics may access your account for support, maintenance, or security purposes.

2. Fees

Subscription Terms

Kissmetrics offers subscription plans including numerical ranges of user interactions ("Events"), custom messages ("Messages"), and emails ("Emails") per month. Plans renew automatically unless you email billing@kissmetrics.io at least 30 days before expiration with cancellation notice.

Billing Policies

• Fees are billed in advance each billing cycle
• No refunds for partial or unused months
• Overages either charge separately or trigger automatic upgrades to the less expensive option
• Upgrades are charged immediately, pro-rated to subscription end
• Downgrades require 30 days written notice and take effect next billing cycle without refunds
• Previous discounts may not apply to renewals

Free Trial

The 14-day free trial permits unlimited Events but may limit Messages and Emails. Billing information is not required initially. A 60-day grace period follows trial expiration to add billing information. After the grace period, accounts are cancelled.

Fee Changes

Kissmetrics may change fees with 30 days notice, effective the first billing cycle thereafter.

Payment

You authorize billing to your provided credit card for all fees, taxes, and applicable charges. You must keep billing information current and promptly report lost cards or security breaches.

Account Cancellation

Trial customers may cancel anytime by emailing support@kissmetrics.io. Active customers may cancel with 30-day notice to billing@kissmetrics.io. Final payment is due at the time of cancellation request.

3. Licenses

License to Kissmetrics Software

Kissmetrics grants a limited, revocable, non-exclusive, non-transferable license to include the Kissmetrics Script in HTML code for registered websites solely for accessing Services and viewing reports. You may not reproduce, modify, or create derivative works without permission.

License to Client Data

You retain ownership of information obtained from your website. You grant Kissmetrics a royalty-free, non-exclusive, irrevocable right to access registered pages and log visitor actions, browser information, and data for providing reports, analyzing services, and compiling aggregate statistics. Information presented in aggregate form will not identify you or your visitors without permission.

License to Posted Material

By posting material to the Kissmetrics Blog, you grant Kissmetrics an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, and display the material.

4. Privacy

Cookies

The Kissmetrics Script stores cookies on visitor computers to identify returning versus first-time visitors and test groups. You represent that you comply with applicable cookie laws, including the EU Cookie Directive, and have posted privacy policies disclosing cookie use and obtained required consents.

Visitor Information

You are solely responsible for linking anonymous visitor data with personally identifiable information. You represent that you:

• Comply with all applicable laws regarding data transfer and collection
• Obtain required notifications and consents from visitors
• Will not collect sensitive information such as health data or political beliefs
• Post privacy policies containing links to the Kissmetrics Privacy Policy
• Disclose third-party service providers and opt-out features

Security

Your account uses username and password protection. Kissmetrics implements reasonable security including password protection, encryption, and SSL. However, no system is impenetrable, and Kissmetrics is not responsible for unauthorized access.

Access Limits

Kissmetrics will not divulge statistical information except for authorized reports or as required by law, to protect rights, enforce agreements, troubleshoot problems, or create aggregate reports.

Aggregate Reports

Kissmetrics reserves the right to aggregate Client Data categories across websites for marketing and promotional purposes.

Children's Websites

Services may not be used for websites labeled, described as, or directed at individuals under 13.

5. Proprietary Rights; Restrictions on Use

Website Content

Opinions expressed by contributors are personal and do not constitute endorsements by Kissmetrics. Website materials are provided for informational purposes only.

Material Management

Kissmetrics may edit, remove, delete, modify, publish, and display posted material without permission. Kissmetrics may remove inappropriate material at any time without liability for removal or failure to remove.

Reservations

Kissmetrics reserves all rights to the Script, website content, aggregate data, and all processing, analytics, and software ("Kissmetrics Technology and Service"), including derivatives and improvements.

Restrictions

You shall not:

• Use services except per the granted limited rights
• Reverse engineer, hack, or compromise any aspect of the service
• Remove or alter legal or intellectual property notices
• Introduce devices or software interfering with operations
• Use the service for academic research unrelated to your visitors
• Post libelous, defamatory, obscene, abusive, or pornographic content
• Post content violating property rights
• Upload protected files without ownership or consent
• Threaten, harass, or violate legal rights of others
• Run auto-responders or spam
• Crawl or scrape website pages
• Violate applicable laws or third-party rights

Messages and Emails

If using Services to send messages or emails, you represent compliance with the US CAN-SPAM Act. You must:

• Accurately identify your organization in "from" lines
• Use non-deceptive subject lines
• Identify emails as advertisements when applicable
• Provide contact information and a valid mailing address
• Provide clear opt-out/unsubscribe links operational for 30 days
• Honor opt-out requests within 10 business days
• Comply with international anti-spam laws

Prohibited Activities

Strictly prohibited: phishing emails, fraudulent communications, deceptive activities, and harmful content distribution. Violations result in immediate account suspension or termination.

6. Indemnification

You agree to indemnify Kissmetrics against third-party claims arising from your breach of these terms, unauthorized use of the Script, or disclosure of visitor data. Kissmetrics will provide notice within 30 days and may assume exclusive defense.

7. Representations and Warranties

You represent that you own the website URLs registered with Kissmetrics, have the rights to publish content, and have obtained visitor consents. Kissmetrics does not warrant error-free services, correction of defects, virus-free servers, or accurate results. Email rendering may vary across platforms.

8. Disclaimers and Limitations on Liability

General Disclaimers

Information may contain inaccuracies. Kissmetrics may improve services at any time. Third-party website links are not Kissmetrics' responsibility; inclusion does not imply endorsement.

Warranty Disclaimers

Services are provided "as is" without warranties of quality, performance, merchantability, or fitness for a particular purpose. Kissmetrics does not warrant error-free operations or uninterrupted service.

Liability Limitations

Kissmetrics is not liable for indirect, special, punitive, consequential, or incidental damages. Cumulative liability shall not exceed aggregate fees paid in the preceding six months.

9. Service Failures

Kissmetrics has no liability for downtime resulting from equipment failures, scheduled maintenance, Internet outages, or events beyond our control including strikes, natural disasters, or governmental actions.

10. U.S. Government Rights

Government acquisitions are subject to commercial license restrictions per applicable federal regulations.

11. Term and Termination

Kissmetrics may terminate access immediately for breach or any reason without notice.

Upon termination: Services cease, you must delete the Script from all webpages, outstanding balances become immediately due, no refunds apply, and historical data becomes unavailable. You must delete the Script upon session expiration; automated tracking continues until deletion.

12. Modifications to Agreements and Policies

Only written agreements signed by Kissmetrics officers can modify these terms. Kissmetrics may modify terms with notification via website notice (30 days), first visit notice, or account communication. Continuing use constitutes consent to modified terms.

13. Miscellaneous; Arbitration, Choice of Law, and Venue

Excuse

Kissmetrics is excused from performance prevented by causes beyond reasonable control.

Severability and Waiver

Unenforceable provisions are reformed to maximum enforceability; the remainder remains in effect.

Parent Company Agreement

Customer agreements previously with Metrics Enterprises Inc. transfer to parent company Sandstorm Analytics Inc. and remain valid and enforceable.

Entire Agreement

This agreement, including amendments and the Privacy Policy, represents the complete agreement, superseding all prior agreements.

Arbitration

Disputes are submitted to binding arbitration before a sole arbitrator per American Arbitration Association Commercial Arbitration Rules. In-person hearings occur in Delaware or your metropolitan area if required by law. Both parties may have attorneys; fees follow arbitration rules. Arbitration involves no judge or jury, confidentiality restrictions, and limited judicial review.

Disputes must commence within one year or be forever barred. No class actions or representative proceedings are permitted.

Injunctive Relief

The arbitration provision does not apply to injunctions or intellectual property disputes.

Choice of Law and Forum

Delaware law governs without conflict-of-law principles. Except for arbitration, disputes proceed in Delaware state or federal court. Export controls apply; embargoed countries may not use services.

Notices

Kissmetrics delivers notices via email, website notice, account communication, or first-class mail. Notices to Kissmetrics should be sent to:

Kissmetrics
2529 Central Avenue
St Petersburg, FL 33713
support@kissmetrics.io

Transfer of Rights

You may not assign your rights without written consent. The relationship between the parties is that of independent contractors, not partners.

Headings

Section headings are for convenience only and do not control meaning or interpretation.

14. Special Admonitions for International Use

You agree to comply with local online conduct and content rules and all applicable transmission and export laws.