Terms of service

1. Scope and parties

These terms apply to the Metrimato service, delivered by Phenomenal Development Oy (the Supplier). The customer is a company or other organisation that has created an account in the service. The terms cover all use of the service unless agreed otherwise in writing.

2. How the agreement is formed

Registration to the service happens with an invite. The agreement is formed when the customer creates an account and accepts these terms. The person creating the account confirms that they are entitled to commit the organisation they represent.

3. The service

Metrimato is a web analytics service used in a browser and delivered as a web service. Its features are described at metrimato.com. The service is developed continuously, so features can change. If a substantial feature is removed, the customer is told in advance.

4. Right of use

For the term of the agreement the customer receives the right to use the service in its own business. The right is not exclusive and may not be transferred to a third party without the Supplier's consent.

5. The customer's responsibilities

The customer is responsible for making sure that:

• the tracking snippet is installed on the customer's own sites and works.
• the content of those sites and their use are lawful.
• the customer's own user accounts stay with the people they belong to.
• no data that identifies an individual visitor is sent to the service. The service is built so that none comes into being, and it must not be brought in with custom events.
• the service is not used to follow an individual person and its protections are not circumvented.

6. The subscription and its limits

The subscription sets the number of tracked sites, the number of users, the events per month and the retention period. The limits in force are shown in the price list and in account settings. If the monthly event limit is exceeded, new events are not stored until the month turns or the subscription is upgraded. Exceeding the limit is not invoiced separately.

7. Prices and payment

The prices in force are in the price list. VAT in force at the time is added to the prices. Payment is charged to a payment card through Stripe at the start of the billing period, and no separate invoice is sent. A receipt of the charge is emailed. If a charge does not go through it is retried, and if payment cannot be collected, use of the service can be suspended. During the invite phase the service is free of charge and nothing is charged before a paid period has been agreed separately.

8. Term and termination

The agreement is valid until further notice. The customer can end it at any time by deleting the account in the service settings, in which case the agreement ends at the end of the current billing period and fees already paid are not refunded. The Supplier may end the agreement with 30 days' notice. On a material breach the agreement may be ended immediately.

9. Deletion of data

Deleting the account permanently deletes the account, its users and all collected data. The customer can download their own data in machine-readable form before deleting. Deleted data is not restored from a backup on request.

10. Availability and support

The Supplier aims to keep the service continuously available and to fix incidents quickly. The state of the service is shown on the status page. Maintenance breaks are scheduled for low-traffic hours where possible. Support is given by email on weekdays. Messages that arrive at the weekend or on a public holiday are answered on the next working day.

11. Privacy and security

The service is built so that no register of personal data about the visitors of tracked sites comes into being. Processing is described in the privacy policy and in the data processing agreement, which are part of this agreement. Customer and visitor data is located in Finland and is not transferred outside the EU or the EEA.

12. Intellectual property

The service, its software and its documentation belong to the Supplier. The data collected from the customer's sites belongs to the customer and can be exported from the service at any time. The Supplier may use technical logs and aggregate statistics to develop the service in a way that identifies neither the customer nor a visitor.

13. Limitation of liability

The Supplier's liability is limited to one monthly fee at most, that is, the amount the customer has paid for the service for the month preceding the damage. The Supplier is not liable for indirect damage such as lost profit. The limitation does not apply to damage caused intentionally or by gross negligence.

14. Force majeure

Neither party is liable for a delay or damage caused by an obstacle beyond its control, such as a wide network outage, a fire in the data centre or an order by an authority.

15. Changes to these terms

The Supplier may change these terms. The terms in force are always on this page, and the effective date is shown at the top. If the customer does not accept a change, they can end the agreement.

16. Applicable law and disputes

Finnish law applies to this agreement. Disagreements are settled by negotiation where possible. If that fails, the dispute is settled in the District Court of Helsinki.

17. Contact

[email protected]. Phenomenal Development Oy, Finland.