Terms of Service

These terms apply to Tidemark Cloud, the hosted service at app.tidemarkanalytics.com, operated by Michael Kinder (“we”, “us”). If you run the open-source Tidemark software on your own server, its MIT license applies instead and these terms do not.

By creating an account or using the service you agree to these terms. If you don’t agree, please don’t use it.

1. The service

Tidemark Cloud is a privacy-friendly web analytics service. You add a small script to your websites and we show you aggregate statistics about their traffic. It is offered on a Free plan and a paid Pro plan, described on the Pricing page.

2. Your account

• You must be at least 18 (or the age of majority where you live) and able to enter a binding contract.
• Give us accurate information, confirm your email address, and keep your password and any API keys secret. You are responsible for what happens under your account.
• One person or organization per account. Tell us at [email protected] if you think your account was accessed without permission.

3. Acceptable use

You agree not to:

• use the service for anything unlawful, or to track people in ways the law doesn’t allow. You are responsible for your own privacy notices and, where required, visitor consent for the sites you measure;
• send personal data (names, email addresses, account numbers and similar) in event names or properties;
• send deliberately fake or excessive traffic, overload or probe the service, or work around plan limits or security;
• resell the service or use it to build a competing hosted service from our infrastructure.

We may suspend or limit an account that breaks these rules or harms the service, and we will tell you why when we can.

4. Your data

You own the data you send to the service and the statistics derived from it. We process it only to provide the service to you, as described in our privacy notice. You can export your data (CSV) and delete your sites or your whole account at any time. Raw data older than your plan’s history (6 months on Free, 5 years on Pro) is deleted automatically.

5. Plans, billing and taxes

• Free includes 1 site, 10,000 events a month and 6 months of history. When you reach the monthly event limit we stop recording new events until the month resets.
• Pro costs the price shown at checkout (currently $7 per month or $70 per year) and includes unlimited sites, 250,000 events a month and 5 years of history. The event number is an allowance: you can exceed it without extra charge. For fair use, recording pauses for the rest of the month at 2,000,000 events; data already collected stays, and we’ll email you if you reach it.
• Pro is billed in advance and renews automatically each month or year until you cancel. You can cancel at any time from Account settings → Plan & billing; it stays active until the end of the period you have paid for.
• Payments are handled by our payment provider and merchant of record, Paddle. Paddle’s terms apply to the payment itself, and they collect and remit any VAT or sales tax, which may be added to the price shown.
• If we change prices we will give you at least 30 days’ notice before the change applies to your next renewal.
• Refunds are covered by our refund policy.

6. Availability

We work to keep the service reliable and take regular backups, but we don’t promise uninterrupted availability or a particular uptime. We may change, improve or retire features, and will give notice of changes that significantly affect paying customers.

7. Ending your account

You can stop using the service and delete your account whenever you like. We may end or suspend your account for serious or repeated breaches of these terms, or if we stop offering the service (in which case we will give you reasonable notice and refund any prepaid period). After an account ends we delete its data within 30 days, apart from billing records we must keep and backups that expire on their normal schedule.

8. Disclaimers and liability

The service is provided “as is”, without warranties of any kind, to the extent the law allows. To the extent the law allows, we are not liable for indirect or consequential losses, lost profits or lost data, and our total liability for any claim relating to the service is limited to the amount you paid us in the 12 months before the claim (or $50 if you use the Free plan). Nothing in these terms limits liability that can’t legally be limited, or your mandatory rights as a consumer.

9. Changes to these terms

We may update these terms. For material changes we will notify you by email or in the dashboard at least 14 days before they take effect. If you keep using the service afterwards, you accept the updated terms.

10. Governing law

These terms are governed by the laws of the United States and of the state where the operator resides, without regard to conflict-of-law rules. If you are a consumer, you also keep any mandatory protections of the country where you live.

11. Contact

Questions about these terms: [email protected].