Terms of Service

By accessing, browsing, or using the StatOn platform ("Service"), including any associated websites, APIs, scripts, documentation, and related services, you ("User", "you", "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Data Processing Agreement. If you do not agree with any part of these Terms, you must immediately stop using the Service. These Terms constitute a legally binding agreement between you and the operator of StatOn ("Company", "we", "us", "our"). Your continued use of the Service after any modifications to these Terms constitutes acceptance of the modified Terms.

StatOn is a web analytics tool that provides Users with the ability to collect and analyze website traffic data. The Service is provided as a general-purpose analytics instrument. Users are solely responsible for determining the manner, purpose, and legality of their use of the Service. The Service is a tool — not a managed compliance solution. We do not monitor, audit, or validate how Users deploy or configure the Service on their websites.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY. WE DO NOT WARRANT THAT: • The Service will be uninterrupted, timely, secure, or error-free; • The results obtained from using the Service will be accurate, reliable, or complete; • Any errors in the Service will be corrected; • The Service will meet your specific requirements or expectations; • The Service will be compatible with any specific hardware, software, or network configuration; • Data collected through the Service will be preserved indefinitely. Any reliance on the Service is at your sole risk. We expressly disclaim all warranties not explicitly stated in these Terms. Since we do not routinely access the encrypted data of your website visitors (as described in Section 9 of these Terms), we make no representations or warranties regarding the accuracy, completeness, or legality of data collected through the Service.

You are solely and exclusively responsible for: • Ensuring your use of the Service complies with all applicable local, national, and international laws, regulations, directives, and industry standards, including but not limited to the General Data Protection Regulation (GDPR), the ePrivacy Directive, the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), the Brazilian General Data Protection Law (LGPD), and any other applicable data protection or privacy legislation; • Determining whether the Service is appropriate for your particular use case and jurisdiction; • Obtaining all necessary consents, permissions, and authorizations from your website visitors and end users before collecting any data through the Service; • Configuring the Service correctly according to your legal obligations, including selecting the appropriate public privacy mode (Cookieless, Balanced, or Strict EU); • Implementing and maintaining appropriate consent mechanisms (cookie banners, consent management platforms) on your websites; • Drafting, publishing, and maintaining your own privacy policy and other required legal notices; • Responding to data subject access requests, deletion requests, and other rights requests from your website visitors; • Ensuring that data collected through the Service is processed lawfully and for legitimate purposes; • Maintaining the security and confidentiality of your account credentials; • Any and all consequences arising from your configuration, deployment, and use of the Service. We do not provide legal advice. The privacy modes and features offered by the Service are tools that you may use at your discretion, but selecting a particular mode does not guarantee legal compliance in your jurisdiction. You should consult qualified legal counsel to determine your obligations.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: • Loss of profits, revenue, data, business opportunities, or goodwill; • Business interruption or loss of business; • Cost of procurement of substitute services; • Personal injury or property damage; • Fines, penalties, or regulatory sanctions imposed on you by any authority; • Claims brought against you by third parties, including your website visitors or end users; • Damages arising from unauthorized access to or alteration of your data; • Damages arising from your failure to comply with applicable laws; • Any other losses or damages of any nature, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED (100) EUROS. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, agents, affiliates, successors, assigns, licensors, service providers, and contractors from and against any and all claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to: • Your use or misuse of the Service; • Your violation of these Terms; • Your violation of any applicable law, regulation, or directive; • Your violation of any third-party rights, including the privacy rights of your website visitors; • Any data collected, processed, or stored through your use of the Service; • Any claim brought by a third party (including any government authority, regulatory body, or data protection authority) in connection with your use of the Service; • Your failure to obtain proper consents from website visitors; • Your website content or business practices; • Any fines, penalties, or sanctions imposed on us as a result of your use of the Service. This indemnification obligation shall survive the termination of these Terms and your use of the Service.

All intellectual property rights in and to the Service, including but not limited to software, code, algorithms, user interface designs, trademarks, logos, and documentation, are and shall remain the exclusive property of the Company. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited right to use the Service in accordance with these Terms. You retain ownership of the data you collect through the Service. However, you grant us a limited, non-exclusive license to process such data solely for the purpose of providing the Service to you.

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice, and without liability to you. Reasons for termination may include, but are not limited to: • Violation of these Terms; • Non-payment of applicable fees; • Use of the Service in a manner that could damage, disable, or impair the Service; • Use of the Service for illegal purposes; • Upon request by law enforcement or government authorities; • Discontinuation of the Service or any part thereof. Upon termination, your right to use the Service ceases immediately. We are not obligated to retain, export, or return any of your data after termination, unless required by applicable law.

While we implement encryption and security measures as described in our documentation, we do not guarantee that data transmitted to or stored by the Service will be immune from unauthorized access, loss, corruption, or destruction. You acknowledge that: • No method of electronic storage or transmission is 100% secure; • We cannot guarantee the absolute security of your data; • You are responsible for maintaining your own backup copies of any critical data; • We shall not be liable for any unauthorized access to, alteration of, or destruction of data. Data retention periods and data deletion are managed in accordance with our operational policies and may change without notice. RESTRICTED ACCESS BY DEFAULT: Sensitive stored data may be encrypted using AES-256 on our servers. While we have the technical capability to decrypt certain protected fields, our internal policies strictly prohibit access to your analytics data without your explicit permission. SUPPORT ACCESS DELEGATION: When you select the "Grant Support Access" button in your account settings, you explicitly authorize our support team to view your analytics data for troubleshooting purposes. This access remains active only until you revoke it in your settings. We do not access your data outside of authorized support sessions. We bear no responsibility for the content of data that we do not routinely access or review.

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, labor disputes, shortages of transportation, fuel, energy, labor, or materials, failure of telecommunications or information systems, cyberattacks, DDoS attacks, failure of third-party service providers, governmental actions, or any other cause beyond our reasonable control.

We reserve the right to modify, amend, or replace these Terms at any time at our sole discretion. Changes will be effective upon posting on our website. It is your responsibility to review these Terms periodically. Your continued use of the Service after any changes constitutes acceptance of the modified Terms. We are not obligated to notify you of changes to these Terms individually. The "Last updated" date at the top of this page indicates when the Terms were last revised.

These Terms shall be governed by and construed in accordance with the substantive laws of Ukraine, excluding its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms, including their breach, termination, or invalidity, shall be subject to the exclusive jurisdiction of the competent courts of Ukraine (city of Kyiv). YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive your right to participate in a class action lawsuit or class-wide arbitration against the Company.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

These Terms, together with the Privacy Policy, Data Processing Agreement, and any other legal notices published by us on the Service, constitute the entire agreement between you and the Company regarding the use of the Service and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral, relating to the subject matter hereof.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by the Company.

If you have questions about these Terms, you may contact us at support@staton.app. Response times are not guaranteed.