Company information
The TinyAnalytics Service is provided by Next Marketing Technology Ltd, a company registered in England and Wales under company number 14384054, with its registered office at Flat 1, 25 Daleham Gardens, London, England, NW3 5BY (“TinyAnalytics”, “we”, “us”, or “our”).
Acceptance and eligibility
By accessing or using the Service, creating an account, or placing an order, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
You must be at least 18 years old and legally able to enter into a contract. The Service is intended primarily for business and professional use. If you use it for an organisation, you confirm that you have authority to bind that organisation, and “you” includes both you and the organisation.
The Service
TinyAnalytics provides website and product analytics tools. Depending on your plan, these may include analytics dashboards, event tracking, session replay, heatmaps, funnels, goals, retention, performance and error monitoring, reports, exports, APIs, and integrations.
Features, limits, and prices are described on the relevant product, pricing, checkout, or order page. If an order form or other written agreement signed by us conflicts with these Terms, that written agreement takes priority to the extent of the conflict.
Accounts and security
When you create or administer an account, you must:
- provide accurate and current information;
- keep login credentials and API keys confidential and use reasonable security measures;
- permit access only to authorised users within the allowances of your plan;
- remain responsible for activity carried out through your account; and
- notify us promptly at hello@tinyanalytics.io if you suspect unauthorised access or compromised credentials.
We may rely on instructions given through your account. You are responsible for ensuring that account administrators have appropriate authority.
Customer responsibilities
You decide how TinyAnalytics is implemented on your websites and applications. You are responsible for your use of the Service and for ensuring that it complies with applicable laws and your agreements with end users.
In particular, you must:
- provide legally sufficient privacy information to website and app users;
- identify and maintain an appropriate lawful basis for analytics, session replay, custom events, and other processing you configure;
- obtain consent where required, including for any optional cookies or similar technologies you add;
- configure masking, exclusions, access controls, and retention settings appropriately;
- avoid sending passwords, payment-card details, health data, precise location, children’s data, or other sensitive information unless expressly agreed by us in writing; and
- respond to requests from individuals relating to customer analytics data, with our reasonable assistance where required.
For customer analytics data, you ordinarily act as controller and we act as processor. Any applicable data processing agreement forms part of your agreement with us.
Acceptable use
You must not, and must not allow anyone else to:
- use the Service unlawfully, fraudulently, deceptively, or to infringe another person’s rights;
- monitor a website, application, device, or person without the authority and notices required by law;
- collect sensitive information through session replay or custom events contrary to these Terms;
- upload malicious code or content, probe for vulnerabilities, bypass security controls, or disrupt the Service;
- access another customer’s account or data without authorisation;
- evade rate limits, plan restrictions, or usage-measurement mechanisms;
- scrape the dashboard or use automated access except through an API or method we make available for that purpose;
- reverse engineer, decompile, copy, or attempt to discover the source code or non-public workings of the Service, except where the law does not permit that restriction;
- resell, sublicense, or make the Service available to third parties as a standalone product without our written permission; or
- use the Service or its output to build or train a competing analytics service.
We may investigate suspected violations and take proportionate action, including limiting access, removing content, or suspending an account.
Subscriptions, trials, and payment
Plans and renewal
Free and paid plans are subject to the features and limits displayed when you subscribe. Paid subscriptions are billed in advance for the selected monthly or annual billing period and renew automatically for the same period unless you cancel before renewal.
Fees and taxes
You agree to pay the fees and applicable taxes shown at checkout or in your order. By providing a payment method, you authorise us and our payment provider to charge it for subscription fees, renewals, usage charges, and applicable taxes. You must keep billing details current.
Trials
A trial lasts for the period displayed when you sign up. If no payment method is required, access ends or moves to an eligible free plan when the trial expires unless you choose a paid plan. If checkout states that a trial converts automatically, you must cancel before it ends to avoid a charge.
Cancellation and refunds
You may cancel through your account or by contacting us. Cancellation normally takes effect at the end of the paid billing period, and you remain responsible for charges already incurred. Except where required by law or expressly stated in an order, payments are non-refundable and we do not provide credits for partial billing periods.
Price changes and failed payments
We may change prices for a future billing period by giving reasonable advance notice. If payment fails or an amount is overdue, we may retry the charge and suspend or downgrade access after giving reasonable notice.
Nothing in this section limits cancellation, refund, cooling-off, or other rights that cannot lawfully be excluded. If you contract as a consumer, your statutory rights remain unaffected.
Usage limits
Plans may limit page views, websites, recordings, heatmaps, team members, API requests, storage, or other usage. Current limits are shown on the pricing page, dashboard, or order.
We may ask you to reduce usage or move to an appropriate plan if you repeatedly exceed a limit. We may throttle or restrict use that threatens the security, stability, or availability of the Service. Material overage charges will apply only where disclosed in advance.
Intellectual property
We and our licensors own the Service and all related software, designs, documentation, trademarks, know-how, and other intellectual property. These Terms do not transfer ownership to you.
While your account is active and you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes, subject to your plan.
If you give us suggestions or feedback, you permit us to use it without restriction or payment, provided we do not publicly identify you as its source without permission.
Customer content and data
As between you and us, you retain your rights in data, content, and materials you submit to the Service (“Customer Data”). You grant us and our subprocessors a non-exclusive right to host, copy, transmit, transform, and otherwise process Customer Data only as needed to provide, secure, support, and improve the Service and comply with law.
You confirm that you have all rights, permissions, notices, and lawful bases needed for us to process Customer Data as instructed. You are responsible for its accuracy, legality, and your use of reports or insights generated by the Service.
We may create and use aggregated or anonymised information that does not identify you, your organisation, or any individual to operate, secure, benchmark, and improve the Service.
Third-party services
The Service may connect to third-party products or contain links to third-party websites. We do not control those services and are not responsible for their content, availability, security, or privacy practices. Your use of them may be governed by separate terms.
If you enable an integration, you instruct us to exchange the data required to operate it. You are responsible for reviewing the integration and maintaining any necessary third-party account.
Changes and availability
We continually develop the Service and may add, change, or remove features. We will provide reasonable notice where a material change significantly reduces the core functionality of a paid plan, unless urgent action is needed for security, legal, or operational reasons.
We aim to keep the Service available and reliable, but do not promise uninterrupted or error-free operation unless a separate written service-level agreement says otherwise. Maintenance, internet failures, supplier outages, security incidents, and events beyond our reasonable control may affect availability.
Suspension and termination
You may stop using the Service and cancel your subscription at any time. We may suspend or terminate access if:
- you materially or repeatedly breach these Terms;
- fees remain overdue after notice;
- your use creates a security, legal, or material operational risk;
- we are required to do so by law or a competent authority; or
- we discontinue the Service, in which case we will give reasonable notice where practicable.
Where the issue can reasonably be remedied, we will normally give you notice and an opportunity to do so. On termination, your right to use the Service ends. You should export Customer Data you wish to retain before termination. We may delete it after any stated retrieval period, subject to our Privacy Policy, backups, and legal retention duties.
Provisions that by their nature should survive termination—including payment obligations, intellectual property, disclaimers, liability, indemnity, and governing law—will continue to apply.
Disclaimers
To the fullest extent permitted by law, the Service is provided “as is” and “as available”. We do not guarantee that analytics, recordings, reports, attribution, location, device detection, or other results will be complete, exact, or suitable for a particular decision. Results can be affected by browser settings, blockers, network conditions, implementation choices, and other factors beyond our control.
We disclaim implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement to the extent the law allows. You are responsible for checking results and maintaining appropriate backups and business-continuity arrangements.
Liability
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.
Subject to the paragraph above, if you use the Service for business purposes:
- neither party is liable for indirect or consequential loss, or for loss of profit, revenue, business, anticipated savings, goodwill, opportunity, or data;
- we are not liable for loss caused by your implementation, unauthorised account access resulting from your failure to secure credentials, third-party services, or your reliance on analytics results; and
- our total aggregate liability arising out of or relating to the Service or these Terms is limited to the greater of (a) the fees you paid us for the Service during the 12 months before the event giving rise to the claim and (b) £100.
If you use the Service as a consumer, we are responsible for foreseeable loss or damage caused by our failure to use reasonable care and skill or our breach of these Terms. We are not responsible for business losses, and nothing in these Terms affects your statutory consumer rights.
Business indemnity
If you use the Service for business purposes, you will indemnify us against third-party claims, losses, and reasonable costs arising from your unlawful collection or use of Customer Data, your breach of the customer responsibilities or acceptable-use sections, or your infringement of a third party’s rights.
We will notify you promptly of a covered claim, allow you reasonable control of its defence and settlement, and provide reasonable cooperation. You may not settle a claim in a way that admits fault by us or imposes obligations on us without our written consent.
Governing law and disputes
Before starting formal proceedings, each party will try in good faith to resolve a dispute by contacting the other and allowing at least 30 days for discussion, unless urgent relief is reasonably required.
If you use the Service for business purposes, these Terms and any non-contractual dispute are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
If you are a consumer, the laws of England and Wales apply except that you retain any mandatory protections of the country where you live. You may bring proceedings in the courts of the part of the United Kingdom in which you live, or as otherwise permitted by mandatory law.
Changes to these Terms
We may update these Terms to reflect changes to the Service, law, security requirements, or our business. We will post the revised Terms here and update the “Last updated” date.
For material changes affecting an active paid subscription, we will give reasonable advance notice where practicable. Changes apply from the stated effective date. If you do not agree, you must stop using the Service and cancel before the changes take effect.
General terms
Entire agreement
These Terms, the Privacy Policy, any applicable data processing agreement, and your order form the entire agreement about the Service and replace earlier discussions or agreements about the same subject.
Assignment
You may not assign these Terms without our written consent. We may assign them as part of a merger, reorganisation, financing, sale of business or assets, or to an affiliate, provided this does not reduce mandatory rights.
Severability and waiver
If a provision is unenforceable, it will be limited or removed only to the minimum extent necessary, and the rest will continue. A delay in enforcing a right is not a waiver of that right.
No third-party rights
Unless expressly stated, no person other than you and us may enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, except that this does not excuse payment obligations already due.
Contact us
Questions or notices about these Terms can be sent to:
Next Marketing Technology LtdFlat 1, 25 Daleham Gardens
London, England, NW3 5BY
Company number: 14384054
Email: hello@tinyanalytics.io