Terms of Service

“Tidemark”, “we” and “us” mean Michael Kinder, doing business as Tidemark. “You” means the person or company that orders the service. By ordering, you agree to these terms.

The service

We run an installation of Tidemark Analytics for you on our servers and keep it updated. Your plan sets how many sites and how many events each month it includes, and which features are turned on. The software is open source under the MIT licence; these terms cover the hosted service, not your rights to the code.

Your account

Give us a real email address and keep your sign-in details to yourself. You are responsible for what happens under your account, including people you invite. Tell us if you think someone else has gained access.

Plans, payment and renewal

Prices are shown in US dollars when you order. Paid plans renew each month or each year, as you chose, until you cancel. We invoice ahead of each renewal and charge a saved payment method if you have turned that on. Payments are handled by Stripe and PayPal; we never see or store your full card number.

You can change plan or cancel at any time from your account. Cancelling stops the next renewal and the service runs to the end of the period you paid for. We do not refund part-used periods, but if you contact us within 14 days of a first payment and the service has not worked for you, we will refund it.

If a payment fails we email you and try again. If an invoice stays unpaid we first pause recording for your installation, and later may end the service. Before ending an unpaid service we email you.

We may change prices for future renewals. We will email you at least 30 days before a change affects you.

Limits

Each plan lists its included sites and events a month. We email you when you have used 80% of a month’s events. If you reach the limit, recording keeps going and you have 7 days to move to a larger plan or reduce your traffic. The first time you reach your limit, we raise it by 50% for that month as a one-time courtesy, and the 7 days start if you pass the raised limit. If you do neither, we pause recording for your installation. Your data and dashboard stay available, and recording resumes automatically at the start of the next month, or as soon as you move to a plan that covers your usage. We email you at each step. We will tell you by email before we change these numbers.

Acceptable use

Do not use the service to break the law, to collect data you have no right to collect, to attack or overload other systems, or to try to reach other customers’ installations. Each customer runs in an isolated installation; do not try to get around that. We may pause an installation that puts others at risk, and we will tell you why.

Your data

The analytics data you collect is yours. We process it only to run the service for you, as described in our privacy notice. You can export your data or delete your installation at any time. Backups are kept for a limited time after deletion and then removed.

You are responsible for telling your own visitors what you collect and for having a lawful basis to collect it. Tidemark Analytics is designed to count visitors without cookies and without storing IP addresses, but how you use it is up to you.

Support access

We can sign in to your installation to help you only when you ask, or when something is broken. That access is read-only, expires in minutes, and each use is logged with the reason.

Availability

We work to keep the service running and publish its state on our status page. We do not promise it will be uninterrupted, and we take backups but you should keep your own export of anything you cannot lose.

Liability

The service is provided as it is, without warranties beyond those the law requires. To the extent the law allows, we are not liable for indirect or lost profits or data, and our total liability for any claim is limited to what you paid us in the 12 months before it arose. Nothing here limits liability that the law does not allow us to limit.

Ending the service

You can cancel at any time. We may end the service for serious or repeated breaches of these terms, or if we stop offering it, in which case we will give you at least 30 days’ notice and refund the unused part of what you prepaid.

Governing law

These terms are governed by the laws of the Commonwealth of Virginia, USA, and the courts of Virginia have jurisdiction, except where the law of your country gives you the right to bring a claim where you live.

Changes

If we change these terms in a way that matters, we will email account holders and update the date above before the change applies.