Terms and Conditions

Created on 4 December, 2024 • Information • 13 minutes read

Terms and Conditions of BasicWebstats

Last updated: 03 December 2024

These Terms and Conditions (“Terms and Conditions”) constitute a legally binding contract between you (“you” or the “User”) and BasicWebstats | Prompt Media Inc. (the “Company”, “us”, “we” or “our”) regarding your use of our analytics software (“Basic Webstats”) and other services available on our website(s): basicwebstats.com (the “Website”) (collectively, the “Services”).

You indicate your agreement to these Terms and Conditions by clicking, checking or tapping a checkbox or button to that effect on the Website, by completing the registration process on the Website, or by using any of our Services.

By using the Website or by clicking to accept the Terms, you accept and agree to be bound by and comply with these Terms and our Privacy Policy, found at basicwebstats.com/page/privacy, which is incorporated herein by reference. if you do not agree to these Terms or the Privacy Policy, you may not access or use the Website or the Services.

By using this Website, you represent and warrant that you are of legal age under applicable law to enter into a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Website.

Subscriptions

The Services are billed on a subscription basis (“Subscription”) according to our prices, which can be found on page Plan (Subscription) (“Fees”). You will be billed in advance for the Fees on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set monthly or annually, depending on the type of subscription plan you select when you purchase a Subscription.

At the end of each Billing Cycle, your Subscription ends automatically unless you have selected auto-renewal. You may cancel the automatic renewal of your Subscription through your online account management page on the Website. The cancellation will take place immediately.

We use Payment Provider Stripe, where you can pay by various means such as credit card or iDeal, payment through Stripe is required to process payment of the applicable Fees for your Subscription. You must provide us with accurate and complete billing information, including your full name, address and a valid payment method. By providing such payment information, you irrevocably authorize us to charge the applicable Fees for your Subscription and your use of our Services, in accordance with the applicable Billing Cycle, to that payment method.

You are responsible for ensuring that all Fees due from you are paid in a timely manner. In the event you fail to timely pay the Fees in accordance with these Terms, we reserve the right to suspend your account and restrict your use of our Services without notice. We further reserve the right to delete your account in the event your account remains suspended for 2 consecutive months. In the event of account suspension or deletion, you acknowledge and agree that you are not entitled to a refund of any amounts previously paid to us.

Exceeding your pageview limit.

Each Subscription Plan has a prescribed monthly maximum pageview limit. A “pageview” is viewing a website or completing an event. If you exceed your prescribed pageview limit for 2 consecutive months, or if you significantly exceed your pageview limit within the first month, as determined by us in our sole discretion, we will notify you and request that you upgrade your account. In the event you do not upgrade your account within seven days of our request, we reserve the right to suspend your account and restrict your use of our Services at any time after the seventh day following our notice to you. We further reserve the right to delete your account if your account remains suspended for 2 consecutive months. In the event of account suspension or deletion, you acknowledge and agree that you are not entitled to a refund of any amounts previously paid to us.

Fee changes

We may change Subscription Fees at our sole discretion and at any time. We will notify you at least 30 days in advance (including by email) of any proposed changes to the Fees for your Subscription so that you have the opportunity to terminate your Subscription before such change becomes effective. Thereafter, your continued use of the Services after the change in the Fee becomes effective will constitute your irrevocable and binding agreement to pay the amended Subscription Fees.

Refunds

All Fees paid by you to us are non-refundable, except as required by law.

Accounts

When you create an account with us, you must provide us with accurate, complete and current information at all times. Failure to do so constitutes a violation of the Terms, which may result in immediate termination of your account on the Website and your use of our Services.

You are responsible for the security of the password you use to access the Services and for all activities or actions that occur on your account. We recommend that you use 2FA for your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

You understand and agree that the Website and all of its content, features and functionality, including but not limited to all information, software, code, text, views, graphics, photographs, video, audio, design, presentation, selection and arrangement, are owned by us, our licensors or other providers of such material and are protected in all forms by intellectual property laws, including but not limited to copyright, trademark, patent, trade secret and other proprietary rights. Our name, logo, trademark(s) and all related names, logos, product and service names, designs, graphics and slogans are our trademarks or our affiliates or licensors. You may not use these marks without our prior written permission. Other names, logos, product and service names, designs, graphics and slogans mentioned or appearing on this Website are trademarks of their respective owners. Use of such property, unless expressly permitted, constitutes infringement or violation of the property owner's rights and may violate federal or other laws and may subject the violator to prosecution. Users may not modify copies of materials from this Website or remove or alter copyright, trademark or other proprietary notices from copies of materials from the Website. If you print, copy or download any part of our Website in violation of these Terms, your right to use the Website will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title or interest in or to the Website or any content on the Website, and any rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a violation of these Terms and may constitute an infringement or violation of copyright, trademark and other intellectual property rights or other proprietary laws.

Links to other websites.

Our Services contain links to third-party websites or services that are not owned or operated by BasicWebstats | Prompt Media.

BasicWebstats | Prompt Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that BasicWebstats | Prompt Media shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Reselling

The User may include the Services as part of their offerings to their customers. We have a few rules:

• The User may not use the Services to compete with the Services. For example, you may not start a business with the name “BasicWebstats” and use the Services as your vendor.
• Although the User may provide the Services to its customers, we will only provide support to the User or the User's team members.
• We shall not be liable for any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) (collectively “Losses”) arising out of or in connection with your customers' use of the Website or our Services and to the extent permitted by applicable law, you agree to defend, indemnify and hold us, our parent, subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns harmless from and against all such Losses.

If you have any questions about whether you may resell the Services, please feel free to contact us using our Contact Us form.

Personal Data

Our privacy policy can be found at basicwebstats/page/privacy, the terms of which are hereby incorporated by reference.

We take the protection of personal data very seriously and it was the basis on which BasicWebstats was built. Our services may not be used to track personal information such as full name, email address, mailing address, etc. If we discover that you are intentionally using BasicWebstats to track personal information, we may terminate your account without warning.

Termination

We may immediately terminate or suspend your account, without notice or liability, for any reason, including without limitation if you violate the Terms. Upon termination, your right to use the Services will cease immediately.

If you wish to terminate your account, you can delete your account in the Settings section of your dashboard after you sign in. We will then queue up all your sites (and their data) for deletion, so you should make sure you have downloaded a backup of your data on your computer BEFORE deleting/canceling your account. Once your account is deleted, it cannot be restored.

Limitation of Liability.

Unless such exclusions are prohibited by law, neither the Company nor its parent companies, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors shall under any circumstances be liable for negligent, grossly negligent negligent misrepresentation, fundamental breach, damages of any kind under any legal theory, including direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of income, loss of profits, loss of business or anticipated savings loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, invasion of privacy, or otherwise, even if the party allegedly had notice or reason to know, arising out of or in connection with your use, or inability to use, or reliance on the website its contents, services or items found or obtained through the website, any information you intentionally or unintentionally provide to us (other than ip address and user-agent string), any linked websites or such third-party websites, nor any website content, materials, posting or information thereon, even if the party was allegedly advised or had reason to know.

Disclaimer

You understand and agree that your use of the website, its contents and any services or items found or obtained through the website is at your own risk. The website, its contents and any services or items found or obtained through the website are provided on an “as is” and “as available” basis, without warranties or conditions of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Neither the Company nor its parent companies, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors make any warranty, representation or endorsement as to the completeness, security, reliability, suitability, accuracy, timeliness or availability of the website or its contents. Without limiting the foregoing, neither the Company nor its parent companies, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors represent that the website, its content or any services or items found or accessed through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or the server on which it is available are free of viruses or other harmful components.

We cannot guarantee or warrant that files or data available for downloading from the Internet or the website will be free of viruses or other destructive code. You are solely responsible for your use of the Website and the security of your computer, Internet and data. to the extent permitted by law, we will not be liable for any loss or damage caused by denial-of-service attacks, distributed denial-of-service attacks, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material as a result of your use of the website or services or items found or obtained through the website, or as a result of downloading any material posted on the website or any website linked to it.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its parent companies, subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against any and all claims, liabilities damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Services, the Website, including but not limited to third party sites, any use of the Website's content, services and products other than as expressly permitted in these Terms.

Governing law and choice of forum.

The Website and these Terms shall be governed by and construed in accordance with the laws of the State of the Netherlands applicable therein, without giving effect to any choice or conflict of law provisions, principles or rules (of the laws of the State of the Netherlands or any other jurisdiction) and regardless of your domicile, residence or physical location.

Any action or proceeding arising out of or relating to the Services and these Terms shall be instituted in the courts of the Netherlands, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive all objections to the exercise of jurisdiction over you by such courts and to the location of such courts.

Waiver

The failure or delay in exercising any right, remedy, power or privilege arising under these Terms shall not operate or be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege under these Terms shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Severability

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and make such term or provision invalid or unenforceable in any other jurisdiction.

Entire Agreement.

The Terms and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto.

Changes

We reserve the right to revise and update these terms and conditions from time to time in our sole discretion. All changes are effective immediately upon publication and apply to all access to and ongoing use of the Services. You agree to review the Terms periodically to be aware of such changes and your continued use constitutes your acceptance of them.

The information and materials on this Website and the Website may be changed, withdrawn or discontinued at any time in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.