Terms of Service

1. Acceptance of Terms

By accessing or using the Netaj platform ("Service"), operated by Netaj ("we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access the Service.

2. Description of Service

Netaj provides an AB testing and conversion rate optimization (CRO) platform that enables users to create experiments, track visitor behavior, generate heatmaps, and analyze website performance. The Service includes a web dashboard, tracking script, API, and related tools.

3. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that your account information remains current and accurate

You must be at least 18 years old to create an account. By registering, you represent that you have the authority to bind yourself or your organization to these Terms.

4. Subscription Plans and Billing

4.1 Plans

The Service is offered through paid subscription plans (Starter, Pro, and Enterprise). Each plan has specific limits on the number of websites, experiments, and monthly tracked events. Plan details and pricing are available on our website and may be updated from time to time.

4.2 Billing

Subscriptions are billed in advance on a monthly or annual basis depending on the plan selected. All fees are non-refundable except as required by applicable law or as explicitly stated in these Terms.

4.3 Free Trial

We may offer a free trial period for new accounts. At the end of the trial, your subscription will begin unless you cancel before the trial expires. We reserve the right to modify or discontinue trial offers at any time.

4.4 Upgrades and Downgrades

You may change your subscription plan at any time. Upgrades take effect immediately, with prorated charges applied. Downgrades take effect at the start of the next billing cycle. Downgrading may result in the loss of access to certain features or data if your usage exceeds the limits of the new plan.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Collect personal data of website visitors without proper consent or legal basis
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service
• Use the Service on websites that contain illegal, harmful, or objectionable content
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or redistribute the Service without our written permission
• Send excessive requests designed to overload or stress-test our systems

6. Tracking Script and Data Collection

6.1 Your Responsibilities

When you install our tracking script on your website, you are responsible for complying with all applicable privacy laws, including obtaining any necessary consents from your website visitors. You must maintain a privacy policy on your website that accurately describes the data being collected.

6.2 Data Ownership

You retain ownership of the data collected through our tracking script on your websites. We process this data on your behalf to provide the Service. We will not use your data for purposes unrelated to the Service without your consent.

6.3 Data Processing

We act as a data processor on your behalf for visitor data collected through the tracking script. You act as the data controller and are responsible for ensuring the lawfulness of the data collection and processing.

7. Intellectual Property

7.1 Our Property

The Service, including its original content, features, functionality, design, and underlying technology, is owned by Netaj and is protected by international copyright, trademark, and other intellectual property laws.

7.2 Your Content

You retain all rights to the content you provide through the Service, including experiment configurations, website content, and custom goals. By using the Service, you grant us a limited license to process this content solely to provide the Service to you.

8. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned downtime.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Netaj shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, resulting from your use of or inability to use the Service.

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet your specific requirements or that experiment results will achieve any particular outcome.

11. Termination

11.1 By You

You may cancel your subscription and terminate your account at any time through the dashboard settings. Cancellation takes effect at the end of the current billing period.

11.2 By Us

We may suspend or terminate your access to the Service immediately, without prior notice, if you breach these Terms, engage in fraudulent activity, or if we are required to do so by law. We may also terminate the Service entirely with 30 days' written notice.

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days after termination, during which you may request an export. After this period, your data will be permanently deleted.

12. Indemnification

You agree to indemnify and hold harmless Netaj, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms. If you disagree with any changes, you must stop using the Service.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Netaj operates, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except where prohibited by law.

15. Contact Us

If you have questions about these Terms of Service, please contact us at:

Email: legal@netaj.com