Terms of Service

These Terms of Service ("Terms") are an agreement between My Journey Analytics Pty Ltd ("we", "us", "our") and the business or organisation that signs up for, or uses, My Journey Analytics ("you", "Customer").

By creating a workspace, accepting an order or proposal that refers to these Terms, or using the Service, you agree to them. The person accepting confirms that they are authorised to bind the Customer.

1. Definitions

• Service means the hosted My Journey Analytics platform, including product analytics, web analytics, session replay, heatmaps, funnels, error tracking, feature flags, experiments, surveys, any AI features, the libraries and snippets we provide, and related support.
• Order means the proposal, order form or online plan selection that sets out your plan, region, fees and any agreed usage.
• Customer Data means data sent to the Service by you or by your websites and apps, including data about the visitors and users of those websites and apps ("End Users").
• Account Data means information about you and your staff that we need to run your account, such as names, work email addresses, billing details and support conversations.
• Region means the hosting location chosen for your workspace, such as Australia.

2. The Service

We will provide the Service described in your Order with reasonable skill and care, in the Region you selected. We may improve and change the Service over time. We will not make a change that materially reduces the core functionality of your plan during a paid term without giving you reasonable notice.

Some features may be labelled beta, preview or early access. They are provided as they are, may change or be withdrawn, and are excluded from any service level we offer.

3. Your account

You are responsible for:

• the accuracy of the information you give us;
• the people you invite to your workspace and what they do in it;
• keeping sign-in details confidential and using the security features we provide;
• telling us promptly at [email protected] if you suspect unauthorised access.

4. Plans, fees and payment

The Service is offered on paid plans only; there is no free tier.

• Fees are set out in your Order and are payable in the currency it states.
• Billing: fees are invoiced or charged [monthly / annually] in advance, and any usage above your plan's included amounts is charged in arrears at the rates in your Order.
• Payment terms: invoices are payable within 14 days unless your Order says otherwise.
• Taxes: fees exclude GST and other taxes, which are added where they apply.
• Late payment: if an amount is overdue by more than 14 days, we may suspend the Service after giving you written notice and a reasonable chance to pay.
• Price changes: we may change our prices for a renewal term by giving at least 30 days' notice before it begins.

Except as required by law or stated in these Terms, fees are not refundable.

5. Acceptable use

You must not, and must not allow anyone else to:

• use the Service in breach of any law, including privacy, spam, surveillance and consumer laws;
• collect data from End Users without the notices and consents the law requires;
• send us sensitive information (such as health, financial account, government identifier or children's data) unless your Order expressly allows it and you have configured masking appropriately;
• attempt to break, probe or overload the Service, or access other customers' data;
• reverse engineer the Service, except to the extent the law allows;
• resell or provide the Service to third parties, other than as part of your own websites and apps;
• use the Service to build a competing product.

We may suspend access that breaches this section or threatens the security or stability of the Service. Where practical, we will tell you first and give you a chance to fix the problem.

6. Customer Data and privacy

Ownership. You own your Customer Data. You grant us a licence to host, process and display it only to provide, secure and support the Service, and as otherwise set out in these Terms and the Data Processing Addendum.

Roles. For Customer Data, you are the controller (or the entity responsible for it under Australian law) and we act as your processor and service provider. Our Data Processing Addendum forms part of these Terms and governs that processing. For Account Data, we act as a controller and handle it under our Privacy Policy.

Your responsibilities to End Users. You are responsible for:

• telling End Users, in your own privacy policy, that you use analytics, session replay and similar tools;
• obtaining any consent the law requires before data is collected, including for cookies and similar technologies;
• configuring masking, opt-out and retention settings to suit your obligations.

Hosting. Customer Data for workspaces in the Australian Region is stored in Australia. The providers we use are listed on our Subprocessors page.

Aggregated information. We may use de-identified, aggregated information about how the Service is used (for example, counts of events or feature usage) to operate and improve the Service. It will not identify you, your End Users or your staff.

7. AI features

Some features use AI models to summarise, explain or generate content. They are optional. When you use them, the inputs needed for the request, which may include Customer Data, are sent to the model providers listed on our Subprocessors page. AI output can be inaccurate; review it before relying on it. We do not permit those providers to train their models on your data.

8. Intellectual property

We, and our licensors, own the Service and everything we provide as part of it, including software, documentation and designs. These Terms give you a right to use the Service during your subscription; they do not transfer ownership.

If you give us feedback or suggestions, we may use them without restriction or obligation to you.

9. Confidentiality

Each party will keep the other's confidential information confidential, use it only for the purposes of these Terms, and share it only with people who need to know it and are bound by similar obligations. This does not apply to information that is public through no fault of the recipient, already known to it, independently developed, or required to be disclosed by law (in which case the recipient will give notice where it lawfully can).

10. Availability and support

We aim to keep the Service available at all times, but it may be interrupted for maintenance, upgrades or events beyond our control. We will try to schedule planned maintenance at quiet times and give notice of significant work. Support is provided as described in your Order. Any service level commitments apply only if they are set out in your Order.

11. Term and termination

These Terms start when you first accept them and continue while you have an active plan. Plans renew automatically for the same period unless either party gives notice at least 30 days before the end of the current term.

Either party may terminate by written notice if the other:

• materially breaches these Terms and does not fix the breach within 30 days of notice; or
• becomes insolvent or enters administration, liquidation or a similar process, to the extent the law allows termination for that reason.

On termination:

• your access ends, and any unpaid fees for the period before termination become due;
• for 30 days after termination you may ask us to help you export your Customer Data;
• we then delete Customer Data from the Service within 30 days, except where the law requires us to keep it. Copies in backups are overwritten in the ordinary backup cycle;
• sections that by their nature should survive termination do so.

12. Warranties

Each party warrants that it has the authority to enter into these Terms. You warrant that you have the rights, notices and consents needed for us to process Customer Data under these Terms.

Except as set out in these Terms, and to the extent permitted by law, the Service is provided without other warranties, express or implied, including as to fitness for a particular purpose or uninterrupted operation.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited ("Non-excludable Rights").

Where we are permitted to limit our liability for a failure to comply with a Non-excludable Right, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

14. Limitation of liability

To the extent permitted by law, and subject to section 13:

• neither party is liable for any indirect or consequential loss, or for loss of profits, revenue, goodwill or data, however arising;
• each party's total liability arising out of or in connection with these Terms in any 12-month period is limited to the fees paid or payable by you for the Service in the 12 months before the event giving rise to the claim.

These limits do not apply to your obligation to pay fees, to a party's liability for breach of confidentiality or for fraud, or to liability that cannot be limited by law.

15. Indemnity

You will indemnify us against third-party claims arising from Customer Data or from your use of the Service in breach of sections 5 or 6, including a claim that you collected End User data without a required notice or consent.

16. Customers outside Australia

You may use the Service from outside Australia, and you are responsible for complying with the laws that apply to you there. For customers subject to the EU or UK GDPR or similar laws, the Data Processing Addendum includes the commitments those laws require of a processor.

17. Changes to these Terms

We may update these Terms. We will give at least 30 days' notice of a material change by email or in the app. The change applies from your next renewal, unless it is required by law or does not disadvantage you, in which case it may apply sooner.

18. General

• Governing law. These Terms are governed by the laws of Australia, and each party submits to the non-exclusive jurisdiction of its courts.
• Notices must be in writing and may be sent by email: to us at [email protected], and to you at the address on your account.
• Assignment. Neither party may assign these Terms without the other's consent, except to a successor to all or most of its business.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than an obligation to pay.
• Entire agreement. These Terms, your Order and the Data Processing Addendum are the whole agreement on their subject. If they conflict, the Order prevails, then the Data Processing Addendum (for processing of Customer Data), then these Terms.
• Severability and waiver. If part of these Terms is unenforceable, the rest continues. Not enforcing a right is not a waiver of it.

Contact

My Journey Analytics Pty Ltd. Email: [email protected].