Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "Customer") and Infinity Metrics ("we", "us", or "our"), concerning your access to and use of the `getinfinitymetrics.com` website as well as our self-hosted analytics software, including any related applications (the "Service").

By purchasing, downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference.

2. The Service: Self-Hosted Software

Infinity Metrics provides self-hosted web analytics software. This means you download, install, configure, and run the software on your own server infrastructure. You are responsible for providing and managing the necessary hosting environment.

We provide the software license; you control its operation and the data it collects about visitors to your website(s) ("End User Data"). We do not access, store, or process your End User Data.

3. Beta Status & Early Access (If Applicable)

Note: This section applies if you obtained the Service during a beta or early access period. We may be rolling out Infinity Metrics via an exclusive waitlist or beta program. If so:

• Expect bugs, errors, and occasional service instability.
• Features may change or be removed without prior notice.
• We'd love your feedback to make it better.
• Data loss might occur, so back up important information.
• Spots are limited; we can pause or end the beta anytime.
• Active participants score lifetime access perks.

4. License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license during the term of your subscription to:

• Install and run Infinity Metrics on your servers.
• Collect analytics data ("End User Data") from websites you own or have explicit permission to operate and monitor.

The license is typically granted per installation or based on other metrics specified at the time of purchase. Specific license terms (e.g., duration, number of sites) will be outlined in your purchase agreement or order form.

Updates: Your license purchase grants you access to the current version of the software and typically includes updates (bug fixes, minor feature enhancements) released within a certain period after purchase (e.g., one year, as specified at purchase). Major future versions or significant new feature modules released beyond this period may require an additional purchase or upgrade fee.

5. Payments and Guarantee

Access to the Service requires a one-time license purchase fee, as specified at the time of purchase. All payments are processed through our third-party payment processor, Stripe. By providing payment information, you agree to Stripe's terms and privacy policy.

You agree to provide current, complete, and accurate purchase and account information for all purchases made. You further agree to promptly update account information, including email address, so that we can complete your transactions and contact you as needed.

30-Day Money-Back Guarantee: We offer a 30-day money-back guarantee. If you are not satisfied with the Service for any reason, you may request a full refund within 30 calendar days of your original purchase date. To request a refund, please contact us using the contact details provided in these Terms, providing your order details. Refunds will be processed back to the original payment method. This guarantee applies only to the initial license purchase.

We reserve the right to change the price for the Service license at any time, but price changes will not affect purchases already completed.

6. Restrictions on Use

Don't (and don't let others):

• Sell, rent, lease, sublicense, redistribute, or otherwise transfer the Service or license to any third party.
• Reverse-engineer, decompile, disassemble, or attempt to discover the source code of the Service, except to the extent permitted by applicable law.
• Modify, adapt, or create derivative works based on the Service without our prior written consent.
• Use the Service to collect analytics data in violation of any applicable laws, regulations, or third-party rights, including privacy and data protection laws (e.g., GDPR, CCPA).
• Use the Service to track individuals, collect sensitive personal data (unless you have explicit consent and a valid legal basis), or engage in discriminatory practices.
• Remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Service.
• Introduce any viruses, worms, malware, or other harmful code into the Service or use it to perform denial-of-service attacks.
• Use the Service for any illegal, fraudulent, harmful, unethical, or offensive purposes, or in connection with activities that promote hatred, violence, or discrimination.
• Attempt to circumvent any license verification or activation mechanisms within the Service.

7. Customer Responsibilities (Self-Hosted)

As the operator of a self-hosted service, you're solely responsible for:

• Providing, maintaining, and securing the server infrastructure (hardware, operating system, network) required to run the Service.
• Installing, configuring, updating, and maintaining the Infinity Metrics software correctly.
• Ensuring the security and confidentiality of the collected End User Data stored on your servers, including implementing appropriate technical and organizational measures.
• Complying with all applicable laws and regulations regarding the collection, processing, and storage of End User Data, including privacy laws like GDPR and CCPA. This includes providing necessary notices and obtaining consents from End Users if required.
• Creating and maintaining your own website privacy policy that accurately describes your data collection practices using the Service.
• Implementing regular data backups and disaster recovery plans for your End User Data and the Service configuration.
• Monitoring the performance and resource usage (CPU, memory, storage) of the Service on your infrastructure.
• Notifying relevant parties (e.g., End Users, authorities) in the event of a data breach affecting the End User Data stored on your servers, as required by law.
• Bearing all costs associated with your hosting infrastructure and data management.
• Ensuring your use of the Service does not infringe on the rights of any third party.

8. Self-Hosted Service Disclaimer

Infinity Metrics is a self-hosted solution. This means:

• We provide the software, but you run it on your infrastructure.
• We cannot and do not monitor how you use the Service.
• We are not responsible for any actions you take with the Service.
• We are not liable for any illegal or harmful use of the Service by you or others.
• We have no control over your hosting environment, configuration, or security measures.
• We don't access your data unless you explicitly request support.

9. Intellectual Property Rights

The Service (including the software, website content, features, design, code, documentation, and underlying technology) is and will remain the exclusive property of Infinity Metrics and its licensors. The Service is protected by copyright, trademark, and other laws of Spain and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. Nothing in these Terms grants you any right, title, or interest in or to the Service or any of our intellectual property, except for the limited license expressly granted herein.

10. End User Data (Collected by You)

All End User Data collected through your use of the Service is owned and controlled by you. You represent and warrant that:

• You have obtained all necessary rights, permissions, and consents to collect, process, and store the End User Data using the Service.
• Your collection and use of End User Data complies with all applicable laws, regulations, and your own privacy policy.
• The End User Data and your use thereof do not infringe upon or violate the rights of any third party, including privacy rights.
• You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of the End User Data.

We claim no ownership over your End User Data. We have no liability or responsibility for your management, use, security, or disclosure of End User Data.

11. Data Security & Reliability (Your Responsibility)

Your analytics live on your server. We don't peek unless you invite us for support. You're solely responsible for:

• Server security and access controls.
• Data backups and recovery processes.
• Explaining your data collection in your privacy policy.
• Staying legal with data protection laws.
• System monitoring and maintenance.
• Preventing and handling data breaches.
• All consequences of data loss, corruption, or unauthorized access.

As the Service is self-hosted, the security, availability, and reliability of your End User Data depend entirely on the measures you implement. You are solely responsible for:

• Implementing robust server security, access controls, and monitoring.
• Performing regular data backups and testing recovery procedures.
• Maintaining the confidentiality of any API keys or credentials used by the Service.
• Complying with all applicable data protection and security laws for the End User Data you control.
• Regularly applying software updates and security patches to your server environment and the Infinity Metrics software.
• Preventing, detecting, and responding to any security incidents or data breaches affecting your systems and End User Data.

While the Infinity Metrics software is designed with stability in mind, we provide no guarantees regarding uptime or data integrity on your self-hosted infrastructure. We are not liable for any data loss, corruption, downtime, or security breaches resulting from factors related to your hosting environment, configuration, maintenance, or security practices.

12. Termination

These Terms remain in effect until terminated.

We may terminate or suspend your license and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. We particularly reserve the right to terminate your license if we detect or reasonably suspect:

• Violation of the license restrictions (Section 6), including resale or redistribution.
• Use of the Service for illegal, fraudulent, or harmful activities.
• Attempts to circumvent license validation.
• Actions that compromise the security or integrity of the Service or harm other users (though unlikely given the self-hosted nature, this clause covers unforeseen issues).
• Material breach of any other provision of these Terms.

Upon termination, your right to use the Service will cease immediately. You must cease all use of the software and destroy any copies in your possession. Provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

If you received a lifetime license during a beta or promotional period, termination for breach of these Terms will still revoke your right to use the software and receive updates or support.

13. Limitation of Liability

To the maximum extent permitted by law, Infinity Metrics will not be liable for:

• Direct, indirect, incidental, consequential, special, exemplary, or punitive damages.
• Lost profits, revenue, data, business opportunities, or goodwill.
• Business interruption or system failures.
• Cost of substitute services.
• Security breaches, data loss, or corruption.
• Downtime or service unavailability.
• Issues caused by improper configuration or usage.
• Third-party claims against you.
• Any misuse of the Service by you or others.
• Any illegal activities conducted using our Service.

This limitation applies regardless of the cause or form of action, whether in contract, warranty, tort, negligence, strict liability, or any other legal theory, even if we've been advised of the possibility of such damages.

14. Disclaimer of Warranties

Infinity Metrics is provided "as is" and "as available." We expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to:

• Merchantability, fitness for a particular purpose, and non-infringement.
• Security, reliability, accuracy, or availability.
• That the Service will be error-free, uninterrupted, or free from harmful components.
• That defects will be corrected.
• That the Service will meet your specific requirements or expectations.

The beta version may contain bugs, errors, and instability. Your use of the Service is at your sole risk.

15. Indemnification

You agree to indemnify, defend, and hold harmless Infinity Metrics and our affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service.
• Your User Content.
• Your violation of these Terms.
• Your violation of any rights of another.
• Your violation of any applicable laws or regulations.
• Any claims related to data collection or privacy.

16. Governing Law

These Terms shall be governed and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

17. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, typically via email or a notice on our website. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

18. Contact Us

If you have any questions about these Terms, please contact us at: terms@getinfinitymetrics.com