ezStats Terms of Service

These Terms of Service ("Terms") govern your access to and use of the ezStats website, applications, APIs, tracking code, and related services (collectively, the "Service") provided by Cavendo Corporation ("ezStats," "we," "us," or "our"). By creating an account, installing our tracking code, or otherwise using the Service, you agree to these Terms. If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

If you do not agree to these Terms, do not use the Service.

1. Description of the Service

ezStats is a privacy-focused web analytics and SEO platform. The Service may include, depending on your plan: website traffic analytics, heatmaps and user flow visualization, goal and conversion tracking, SEO and keyword tracking, Google Search Console integration, competitor analysis, company-level visitor identification, AI-powered insights and recommendations, automated email reports, alerts, data export, API access, and white-label reporting.

We may add, modify, or discontinue features at any time. Material reductions in core functionality of paid plans will be communicated with reasonable advance notice where practicable.

2. Eligibility and Accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service. You are responsible for:

• Providing accurate and current registration and billing information
• Maintaining the confidentiality of your account credentials and API keys
• All activity that occurs under your account, including activity by team members and client users you invite

Notify us promptly at [email protected] if you suspect unauthorized use of your account.

3. Subscriptions, Trials, and Billing

Plans. The Service is offered under subscription plans with usage limits (such as monthly pageviews, number of websites, tracked keywords, and user seats) described at the time of purchase. If you exceed your plan limits, we may ask you to upgrade, apply overage handling described in your plan, or limit data processing until the next billing cycle.

Free trials. New accounts may include a free trial of the length stated at sign-up. At the end of the trial, continued use of paid features requires an active paid subscription. Unless otherwise stated at sign-up, trials do not require conversion and unconverted trial accounts may be suspended or deleted after the trial ends.

Billing and renewal. Paid subscriptions bill in advance on a monthly or annual basis and renew automatically until canceled. You authorize us and our payment processors to charge your payment method for recurring fees, applicable taxes, and any add-ons you purchase.

Cancellation. You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period. Except where required by law, fees are non-refundable and we do not provide refunds or credits for partial billing periods, unused pageviews, or downgrades.

Price changes. We may change subscription prices with at least 30 days' notice. Price changes take effect at your next renewal after the notice period.

Taxes. Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, GST, or similar taxes, excluding taxes on our net income.

4. Your Websites and Your Responsibilities

When you install the ezStats tracking code on a website, you represent and warrant that:

• You own the website or have authorization from its owner to install analytics tracking
• Your use of the Service complies with all applicable laws and regulations, including privacy and data protection laws that apply to you and your visitors
• You will maintain a privacy policy on your website that accurately discloses your use of analytics services where required by applicable law
• You will not use the Service to collect data from websites directed primarily at children where prohibited by applicable law

Although ezStats is designed to operate without cookies and without collecting personal data from your visitors, you remain responsible for your own legal compliance, including determining whether any notice or consent requirements apply to your specific use of the Service.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Attempt to identify, re-identify, or track individual visitors using Service data, alone or in combination with other data
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except where such restriction is prohibited by law
• Probe, scan, or test the vulnerability of the Service, or circumvent any security or access controls
• Resell, sublicense, or provide the Service to third parties except as expressly permitted by your plan (for example, agency and white-label features)
• Use automated means to access the Service other than through our documented APIs and your API rate limits
• Send spam, malware, or deceptive content through or in connection with the Service
• Interfere with or disrupt the integrity or performance of the Service
• Misrepresent data generated by the Service or use it to mislead third parties

We may suspend or terminate accounts that violate this section.

6. Customer Data and Analytics Data

Your data is yours. As between you and ezStats, you retain all rights to the data collected from your websites through the Service ("Analytics Data") and to any content or configuration you submit to the Service. You grant us a limited, non-exclusive license to host, process, transmit, and display Analytics Data solely as necessary to provide, maintain, secure, and improve the Service.

No sale of data. We do not sell Analytics Data or visitor data, and we do not use it for advertising.

Aggregated data. We may use anonymized, aggregated data that does not identify you, your websites, or any individual (for example, aggregate benchmark statistics and Service performance metrics) to operate and improve the Service.

Data processing. Where we process personal data on your behalf, our Data Processing Addendum ("DPA") applies and is incorporated into these Terms for eligible plans. Contact [email protected] to request a DPA.

Data export and deletion. You may export your Analytics Data using the Service's export features while your account is active. After account termination, we will delete or anonymize Analytics Data within a reasonable period, subject to our Privacy Policy and legal retention obligations.

7. Third-Party Services and Integrations

The Service can connect to third-party services such as Google Search Console. Your use of third-party services is governed by their own terms and privacy policies, and you authorize us to exchange data with those services on your behalf when you enable an integration. We are not responsible for third-party services, and integrations may change or become unavailable if third parties modify their APIs or terms.

8. AI Features

Certain features use artificial intelligence to generate insights, summaries, recommendations, and answers to questions about your data ("AI Features"). AI Features may produce inaccurate or incomplete output. AI output is provided for informational purposes only and does not constitute professional, legal, financial, or marketing advice. You are responsible for reviewing AI output before relying on it or acting on it.

9. Intellectual Property

The Service, including its software, tracking code, design, documentation, and branding, is owned by Cavendo Corporation and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service and to install the tracking code on websites you are authorized to manage, in each case only as permitted by your plan and these Terms. No rights are granted except as expressly stated.

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

10. Service Availability and Support

We aim to keep the Service available at all times, subject to maintenance and circumstances beyond our reasonable control. Any uptime commitment applicable to your plan is described in the plan materials at purchase. Support is provided through the channels included in your plan.

11. Suspension and Termination

We may suspend or terminate your access to the Service, with or without notice, if:

• You materially breach these Terms
• Your account is past due after reasonable notice
• Your use poses a security risk or legal exposure to ezStats, other customers, or third parties
• We are required to do so by law

You may terminate at any time by canceling your subscription and ceasing use of the Service. Sections that by their nature should survive termination (including Sections 6, 8, 9, and 12 through 15) will survive.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, EZSTATS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. ANALYTICS DATA, SEO METRICS, COMPANY IDENTIFICATION, AND AI OUTPUT ARE ESTIMATES AND MAY CONTAIN ERRORS OR OMISSIONS. WE DO NOT WARRANT THAT USE OF THE SERVICE WILL, BY ITSELF, MAKE YOU COMPLIANT WITH ANY LAW OR REGULATION.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) EZSTATS 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 THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EZSTATS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO EZSTATS FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

14. Indemnification

You will defend, indemnify, and hold harmless Cavendo Corporation and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your websites and content; (b) your use of the Service in violation of these Terms or applicable law; or (c) your failure to provide legally required notices or obtain legally required consents from your website visitors.

15. Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Virginia, USA, without regard to its conflict of laws rules. The exclusive venue for any dispute arising out of or relating to these Terms or the Service will be the state or federal courts located in Alexandria, Virginia, and each party consents to personal jurisdiction there. Each party waives any right to a jury trial to the extent permitted by law. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by email or through the Service at least 30 days before the changes take effect, where practicable. Continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree to updated Terms, you must stop using the Service and may cancel your subscription.

17. General

Entire agreement. These Terms, together with our Privacy Policy, any DPA, and any order or plan documents, constitute the entire agreement between you and ezStats regarding the Service.

Assignment. 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.

Severability. If any provision is found unenforceable, the remaining provisions remain in full effect.

No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Notices. We may provide notices by email to the address on your account or through the Service. Legal notices to us should be sent to:

18. Contact

Questions about these Terms can be sent to [email protected].