Terms and conditions


This page outlines the terms and conditions of our platform. In order to continue and use the platform, you need to agree and follow these conditions.

 

If you refuse to accept and follow these conditions, you will need to stop using the platform and if you have paid any monthly or annual subscription fees then they won’t be refunded at any conditions.

 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves.

 

"End-users" terms are used to describe your visitors on your website, platform or anything that has the Appfirm’s tracking code installed on it or within his codebase.

 

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

 

  1. Governing Law

 

THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF QUEBEC IN CANADA, WITHOUT REFERENCE TO ITS CONFLICT OF LAW PROVISIONS, AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.

 

  1. Cookies

 

Appfirm uses a cookie to enhance your customer experience and visit on our website and by using the platform. A cookie is a file created on your computer to save custom parameters to remember your preferences or track something.

 

Therefore, your next visit will remember your preferences and we won’t need you to ask it. If you clear your browser settings, it will delete all cookies related to your history of web browsing.

 

Our web analytics platform uses cookies to track customers throughout their visits on any websites where they have installed our tracking code on their site. As a platform provider (SaaS) also known as Software as a Service, we provide the necessary technology.

 

We provide tools to opt-out of these settings, but since we are dealing directly with the website owner (our client), it is their responsibility to offer any way with the tools we have provided to them.

 

If you have any questions regarding this, please contact the website owner.

 

We don’t store any personal information related to the end-users on our servers or infrastructure.

 

More information can be found on our Privacy Policy page.

 

  1. License

 

All intellectual property related to Appfirm is owned by the company of the same name. Other brands or names are owned by their respective owners or legal representatives.

 

You can’t redistribute, modify or sell any services provided by us without our permission in a written request. An only authorized company can do such a thing.

 

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

The website(s) that has our tracking code installed doesn’t represent the company. We are not responsible or affiliated with the website. Their content is not endorsed by us by any means.

 

The liability of any issues is limited to the website owner where they have installed the code. We as an analytics company are provided technology to understand their audience, period.

 

  1. Responsibilities

 

The following sections will outline the responsibilities of our clients towards us.

 

  1. The client must follow our terms and conditions in order to continue using our services.
  2. The customer must pay any amount owing for the service rendered and sold by Appfirm within the period allowed.
  3. The client must not abuse our services otherwise, we have the right to cancel any account without any prior notice of our decision. It is solely at our discretion to decide on the final decision.
  4. The client and its end-user (visitors on his website or platform) need to enable web browser settings requirements. The non-compliance with these settings requirements isn’t considered as a failure to provide services. It is their responsibility to ensure they have enabled these features and settings in order to receive such services that were requested. (see the section for technical requirements).
  5. The legal entity or moral person (individual)  can only have one account under his name. Appfirm has zero tolerance for individuals that have more than one account on our platform or other services. This can result in account suspension, closure or hold until your remedy the situation (if applicable)

 

We reserve the right to request that you remove all links or any particular link to our Website. 

 

You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. 

 

By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

 

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will: limit or exclude our or your liability for death, intellectual damage, damage or personal injury; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law, or exclude any of our or your liabilities that may not be excluded under applicable law. 

 

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. 

 

 

  1. Refund Policy

 

Any customers who request a refund or account cancellation within the 7 days after their purchase date will be issued a full refund otherwise if they request a refund or account cancellation after the 7 days, they will be able to cancel their automatic subscription billing and keep using it until the end of their paid billing cycle. 

 

No refund will be issued once the deadline is past.

 

  1. Data Protection

 

We ensure that your data are protected against misuses or unauthorized access. Appfirm will always make sure to use the latest data protection and encryption technology available and compatible with our infrastructure.

 

Billing information is not stored on Appfirm’s servers and is not processed by us either. We use Stripe Inc, (Stripe) as our payment gateway and processor.

 

They store all credit card information and billing-related information. If a data breach occurs, Stripe will be held responsible since they are not stored with Appfirm.

 

We use a third-party (also known as a partner) to run Appfirm. You can find more information about this on our Privacy Policy page.

 

Our partner may have access to information that doesn’t define you as a person to process any requests required by us. This will not include the following: Name, gender, address and telephone number.

 

Therefore, we use Stripe to process payment and to avoid fraud our payment processor will be able to use this information for fraud prevention and analytics as per their Privacy Policy and Terms of Conditions.

 

  1. Technical Requirements
    1. A reliable and secure internet connection.
      1. See section 7. a.
    2. A modern and up-to-date web browser.
      1. See section 7. b.
    3. A reliable operating system.
      1. See section 7.c.
    4. A modern device (not required, but highly recommended).
      1. See section 7.d.

 

To ensure proper use and functionality to enable all Appfirm’s features, we need the client and the end-user to have these settings enabled on their web client, web browser or any device or software used to access the target (any websites or online access with our tracking code installed on it).

 

The non-compliance of the following can release us from being responsible for any damage. The technical requirements do apply to both clients and end-users.

 

a. Reliable and secure internet connection.

 

To ensure all data transit through our infrastructure and avoid corrupted data to be gathered, we highly recommend having a reliable internet connection.

 

b. Modern and up-to-date web browser.

 

Appfirm uses modern web technologies to build a web analytics platform. Using an older web browser that doesn’t support new technologies can deny us to be able to provide services. For security reasons as well we highly recommend using the most up-to-date version of your web browser.

 

 c. Reliable operating systems.

To ensure technical compatibility and security, we recommend using a reliable and up-to-date version of the operating system used to browse the web. Our warranty only applies to Microsoft Windows and Apple Mac OS operating systems.

 

Unfortunately, we can not guarantee any service level guarantees for operating systems except those ones above.

 

d. Modern device.

Using a modern device allows you to get the optimal performance. This is not required as per our Terms and Conditions but is highly recommended. Therefore, a modern device without the latest operating system or browser will not make us liable for any damage caused by our software.

 

  1. Account
    1. Service Level Agreement
      1. The service level agreement (also referred to as SLA) is eligible for paid plans for Standard, Pro and Pro Enhanced accounts.
      2. For more information about learning more in section 13.
    2. Heatmap
      1. Feature usage based on pageviews.
      2. If you reach your monthly quota (allowance). This feature won’t work anymore, you’ll need to wait until your next next monthly cycle.
    3. Goals and Conversion
      1. Feature usage based on pageviews.
      2. If you reach your monthly quota (allowance). This feature won’t work anymore, you’ll need to wait until your next next monthly cycle.
    4. Session Replays
      1. This feature is currently in BETA which means it is under development and may contain bugs.
      2. This feature is exempt of our SLA or any warranty provided by the company due to its stage.
      3. Allowance is limited to 1.500 replays for all accounts during the beta phase.
      4. Data Retention Policy for Replays for all accounts is 15 days during the beta phase.
    5. Support
      1. Support tier would depend based on the account type you have chosen.
      2. Please refer to the the pricing page here (https://appfirm.co/pricing), upgrade page (https://studio.appfirm.co/upgrade or https://studio.appfirm.co/plans) or on your account page (https://studio.appfirm.co/account-plan) or anywhere else on the AppFirm.io pages would demonstrate the support tier related to the plan.
      3. Free/Basic account doesn’t guarantee any kind of support. Community support is available (documentation and forum).
      4. Eligible plans account get email support with support service level agreement for a first response within 12 hours.
    6. Pageviews per month

The amount (also referred as monthly quota) specified in the pricing page here (https://appfirm.co/pricing), upgrade page (https://studio.appfirm.co/upgrade or https://studio.appfirm.co/plans) or on your account page (https://studio.appfirm.co/account-plan) or anywhere else on the AppFirm.io pages would demonstrate the amount of pageviews you can track per month. This quota would reset on a monthly basis at the anniversary date of the subscription plan.

 

  1. If you reach the limit of your account, Appfirm will stop tracking pageviews and all the features related to the account won’t be working until the next monthly cycle.
  2. For application plans which are eligible for the Fair Usage Policy, please refer to the section 12.

 

  1. Copyright and intellectual property

 

All creatives, media and names related to Appfirm are owned by the company of the same name (Appfirm Inc, c/o WALI AHMED). All rights reserved © 2020.

 

Unauthorized use and misuse of the intellectual property constitutes a violation of our terms and conditions and can result in lawsuit. You need to have proper permissions to use in a written request from the company and the copyright owner.

All other brand names, trademarks and copyrights are owned by their respective owners and copyright holders. Some brand names may have been used with a licence in Canada or other places and countries.

 

  1. Termination of accounts/service

 

Appfirm can terminate your account without any notice at the following circumstances:

 

  1. If you have violated any of our terms and conditions.
    1. Not in agreement with our terms and conditions.
  2. If you have abuse of our service.
    1. If we suspect that your account is abusing our platform, we have the right to suspend, delete or hold your account.
  3. Upon request from the country regulator.
    1. Your country regulator if applicable can request us to suspend, delete or hold your account.
  4. At our own discretion (if applicable).
    1. Appfirm isn’t required to disclose the reason about the account closure, suspension or hold to the client or end-users at any time.
    2. We may close your account without prior notice.
    3. All loss of data, money, damages and settings related to your account closure won’t be the responsibility of the company providing the service.

 

The final decision will come from Appfirm and at their discretion. Appealing does not guarantee the reinstatement of your account.

 

If you had/have a current subscription that was paid and not yet finished, we won’t be able to refund your payment due to non-compliance with our terms and conditions.

 

You can appeal your account termination decision by sending an email to [email protected] with the following subject line:

 

Appeal Request - Closure of my Account

 

  1. Right to make changes to the agreement

 

We reserve the right to make changes at any time without notice or consulting the user base and end-users. Users, clients and end-users must follow these new terms and conditions when they enter into effect.

 

We will notice our users in the front page of the website (https://appfirm.co) for up to 15 days at least. Once that deadline passed and you’re still using the software. This means you are in accordance with our terms and conditions.

 

If you don’t want to follow and adhere to new, current or future terms and conditions, you would need to stop using the software as of now.

 

The non-adherence of our terms and conditions do not allow you to get a refund for the subscription paid as per our terms and conditions.

 

  1. Fair Usage Policy

 

For applicable subscriptions plans only where it is stated.

 

Our Fair Usage Policy can allow you to go up to 20% of your monthly allowed pageviews quota without any additional charges. This can be useful for peak traffic that can happen within a billing period. 

 

In order to activate your Fair Usage Policy, you must create a ticket within the account (Help Center) and request this to be activated.

 

This can take between 1 or 2 business days.You can request this one time within your billing cycle.

 

  1. Service Level Agreement 

 

Depending on the plan you have subscribed, we offer SLA (Service Level Agreement) for support and uptime.

 

Please note that scheduled maintenance is not considered within this clause.

 

In case of disruption of service or when we were not able to honour our agreement between you and the company. You will be able to receive compensation (credit) for your next billing cycle.

 

Calculation of the compensation is as follow:

 

  • First 3 hours are credited by 1,85$ -  2,50$ per hour.
  • Next 3 to 5 hours are credited by  2,50 to 3,50$ per hour.
  • +5 hours until it’s resolved are credited up to 4,50$ per hour.

 

The limitation of how much credit can be accumulated is up to the amount paid per month (annual plans are divided by the 12 which equal the maximum amount of credit they can redeem).

 

i.e. if you have paid 800$ starting March and there was a disruption of service in August.

 

Initial amount paid = $800,00

Amount used as of now = 400$ (800 / 12 *  the amount of months used from March to August is 6 months).

 

Balance eligible for credits is $400 / by the amount remaining until the billing cycle end will give you the monthly amount paid within an annual billing cycle.

 

The value given will be the maximum amount eligible for credits.

 

In order to request the awarded credit, it is the responsibility of the customer to request them by creating a ticket in the Help Center.

 

Appfirm reserves the right to not issue any credits, if we think it may be considered as an abuse, fraud or not in our control issues.

 

  1. Warranty disclaimer

 

Appfirm won’t be liable for any damage caused by using the software provided to you within our agreement to provide you the web analytics software and service over our infrastructure.

 

The misuse of the software isn’t covered by the terms and conditions and the mutual agreement between us and you (our client).

 

  1. Confidentiality

 

We provide confidentiality for our clients and end-user. Depending on the request that was asked by the client (such as using the product). We might share information that doesn’t define you as a person, except for payment processing where we need to gather personal information to process payment.

 

These conditions are asked by our payment provider (Stripe) and the payment network used by your bank to issue your card and process payment. 

 

16. Contributions

Some technologies used by Appfirm are open source software. All rights reserved to their respective owners.

 

Contact

If you need to contact us regarding Appfirm, please contact us through our contact form available at https://appfirm.co/contact

Responses are not guaranteed and are subject to our own discretion, if needed.

 

Effective as of 1st April 2021.