Terms of Service

1.1 These Terms of Service (the "Terms") form a binding agreement between you and VisitorLayer ("VisitorLayer", "we", "us" or "our") and govern your access to and use of the VisitorLayer service (the "Service").

1.2 By creating an account or using the Service, you accept these Terms. If you accept these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

1.3 Our Privacy Policy describes how we process personal data in connection with the Service.

The Service is intended for business use only. You must provide accurate account information and keep your sign-in credentials secure. You are responsible for all activity that occurs under your account and within your workspace.

You must not: (a) install the VisitorLayer tracking script on any website that you do not own or are not authorized to manage; (b) collect the personal data of visitors to your websites without a lawful basis or without providing the notices and obtaining the consents required by applicable law; (c) use the Service to collect health data or any other special categories of personal data; (d) circumvent or attempt to circumvent the exclusion of sensitive fields, including passwords, payment details, security codes and government identification numbers; (e) use the Service on any website directed at children; (f) use the Service to identify anonymous visitors or to fingerprint browsers; (g) send forged events to, overload, probe or interfere with the Service, or circumvent any plan limit; or (h) use the Service for any unlawful purpose.

4.1 You are the controller of the visitor data and form data that your websites send to the Service ("Customer Data"), and we process Customer Data on your behalf as described in our Privacy Policy.

4.2 You are solely responsible for the lawfulness of the collection of Customer Data and for any system to which you direct the Service to deliver it.

4.3 You grant us the rights necessary to store, process and deliver Customer Data for the purpose of providing the Service.

We and our licensors own all rights in the Service and its software. Subject to these Terms, and for the duration of your trial or subscription, we grant you a non-exclusive, non-transferable right to use the Service for your business and for the websites of clients that you manage.

6.1 Each new workspace receives a free trial of 14 days. Tracking stops when the trial ends unless a payment method has been added.

6.2 Fees are set out on our pricing page and are stated in US dollars.

6.3 Fees are charged in advance on a monthly or annual basis. Each subscription renews automatically at the end of each billing period until it is cancelled.

6.4 Upgrades are charged immediately on a prorated basis and take effect when payment succeeds. Downgrades take effect immediately, and the value of unused time is applied as a credit against future invoices and is not refunded.

6.5 Each plan includes a monthly event allowance. If the allowance is exceeded, the tracking of page views and clicks may be paused until the next usage period begins or the plan is upgraded.

6.6 If a payment fails and is not recovered, the subscription will be cancelled.

6.7 We may change our fees for future billing periods. We will notify existing customers by email at least 30 days before any change in fees applies to them.

7.1 You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.

7.2 Projects and the data associated with them are deleted 30 days after the trial or subscription for the workspace ends.

7.3 Within 30 days of the first payment for a workspace, you may request a full refund of all payments made for that workspace. This refund is available once per workspace, and issuing it cancels the subscription.

7.4 Within 60 days of the first payment for a workspace, if you have installed the tracking script, tracked a form and connected a CRM webhook and are still unable to see which channels bring your leads, you may claim a full refund by email. We will review your tracking setup before issuing the refund.

7.5 Except as set out in this Section 7 or as required by law, fees are non-refundable.

We may suspend or terminate your access to the Service if you breach these Terms, fail to pay fees when due, put the Service or any other person at risk, or if we are required to do so by law. You may terminate these Terms at any time by cancelling your subscription.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAY CHANGE OR DISCONTINUE ANY FEATURE OF THE SERVICE AT ANY TIME.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, LEADS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

You will indemnify and hold us harmless from and against any claims, losses and costs arising out of your collection or use of Customer Data or your breach of these Terms.

We may amend these Terms from time to time. We will give notice of material changes before they take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the amended Terms.

You may contact us about these Terms by email at support@visitorlayer.com.