Terms of Service
These Terms of Service (the "Terms") govern access to and use of the Flodion analytics and conversion-intelligence platform (the "Service"), operated by the organization that runs this Flodion instance ("Flodion", "we", "us"). By signing in to or using the Service, you and the organization you represent ("you", the "Customer") agree to these Terms. If you do not agree, do not use the Service.
1. The Service
Flodion provides first-party website analytics and optimization tooling, including: visitor session and page tracking via a JavaScript tracker installed on Customer websites; funnel, conversion, traffic, and behavior reporting; lead scoring; friction diagnostics; experiment traffic-split management; a custom data warehouse for structured data your websites choose to send; report building; alerts; webhooks; and data export.
2. Accounts and Access
- Accounts are provisioned by the instance administrator. You must provide accurate information and keep it current.
- You are responsible for safeguarding your credentials and for all activity under your account. Use a strong, unique password.
- Parts of the Service can change live production behavior of your websites — for example, the Experiments screen can modify traffic-split configuration served to your visitors, and stored API credentials can act on connected third-party accounts. Treat access to the Service accordingly, and notify us immediately of any suspected unauthorized access.
- Site keys and API keys issued by the Service are confidential. Do not share them except as needed to install the tracker or integrate a server-side data source you control.
3. Acceptable Use
You agree to use the Service only for lawful purposes, and specifically that you will:
- install the tracker and send data only from websites and systems you own or are authorized to instrument;
- comply with all laws applicable to your collection and use of visitor data, including privacy, data-protection, and electronic-communications laws (such as GDPR, ePrivacy rules, CCPA/CPRA, and their equivalents);
- provide your website visitors with a legally adequate privacy notice covering your use of the Service, and obtain any consents your jurisdiction requires before loading the tracker or sending data about a visitor;
- configure the Service's privacy controls (such as IP anonymization, query-string tracking, page exclusions, and dataset retention) as required by your obligations;
- not send the Service any data you lack the right to process, and not send sensitive personal data (such as health, financial-account, or government-ID information) through the tracker or the custom data API unless you have a lawful basis and our prior agreement;
- not knowingly use the Service on websites directed to children where such tracking is prohibited;
- not probe, disrupt, overload, or circumvent security or rate limits of the Service, scrape other customers' data, resell the Service without our agreement, or reverse engineer it except to the extent a law permits despite this restriction.
4. Your Data
- "Customer Data" means data collected from your websites by the tracker, data you or your systems send to the Service (including custom warehouse datasets), and the reports derived from them. As between you and us, you own Customer Data.
- You grant us the rights needed to host, process, transmit, display, back up, and secure Customer Data solely to provide and maintain the Service, comply with law, and keep the Service safe.
- For personal data contained in Customer Data, you are the data controller and we act as your processor: we process it on your documented instructions as expressed through your configuration of the Service. Our Privacy Policy describes what is processed and how.
- You are responsible for the accuracy and lawfulness of Customer Data, including anything your websites push into custom datasets.
- You can delete sites, datasets, and records using the Service's controls; deletion is permanent once processed.
5. Third-Party Services
Optional features integrate with third parties: experiment traffic splits are stored in Vercel Edge Config using API credentials you supply, and approximate visitor location is derived using an IP-geolocation provider. Your use of those features is also subject to the relevant third party's terms, and you are responsible for the credentials and accounts you connect. We are not responsible for third-party services.
6. Availability and Changes
The Service is provided on an as-available basis. We may modify, add, or remove features, and may suspend the Service for maintenance. We aim to give notice of material changes where practical but are not obligated to maintain any particular feature.
7. Intellectual Property
We and our licensors own the Service, including its software, tracker code, and interfaces. These Terms grant you no rights in the Service other than the limited right to use it. If you give us feedback, we may use it without restriction or obligation. Customer Data remains yours as described in Section 4.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION. ANALYTICS FIGURES, SCORES, AND REPORTS ARE STATISTICAL ESTIMATES AND MAY BE INCOMPLETE OR INACCURATE; DO NOT RELY ON THEM AS THE SOLE BASIS FOR DECISIONS WITH LEGAL OR FINANCIAL EFFECT.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED US DOLLARS IF YOU HAVE PAID NOTHING. THESE LIMITS DO NOT APPLY WHERE A LAW PROHIBITS THEM.
10. Indemnification
You will defend and indemnify us against claims arising from Customer Data, your websites, your collection of visitor data (including any failure to provide required notices or obtain required consents), your connected third-party accounts, or your breach of these Terms.
11. Suspension and Termination
- We may suspend or terminate access immediately for a breach of these Terms, for security reasons, or where required by law.
- You may stop using the Service at any time and may archive or delete your sites, which stops data collection.
- After termination we will delete Customer Data from active systems within 30 days, except where retention is required by law; residual copies in backups are overwritten in the ordinary course.
- Sections 4 and 7–13 survive termination.
12. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date above reflects the current version, and material changes will be signposted in the Service. Continued use after a change takes effect constitutes acceptance.
13. Governing Law and Miscellaneous
These Terms are governed by the laws of the jurisdiction in which the operator of this Flodion instance is established, without regard to conflict-of-laws rules, and disputes are subject to the courts of that jurisdiction. If any provision is unenforceable, the remainder stays in effect. These Terms plus any written agreement between you and the operator are the entire agreement regarding the Service; where a signed agreement conflicts with these Terms, the signed agreement controls.
14. Contact
Questions about these Terms can be directed to the administrator of this Flodion instance.