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Terms of Service

Last Updated: July 9, 2018

By accessing the Simple Heatmaps website and creating a subscription to Simple Heatmaps, you are agreeing to be bound by these terms and conditions of use. You also agree that you are responsible for compliance with any applicable local laws and regulations.

If you are working on behalf of a client who has delegated authority to you to add website analytics tools to their website, it is your responsibility to ensure that your client is aware of Simple Heatmaps and the functions Simple Heatmaps performs and our privacy policy.

If you do not agree with any of these terms, you are prohibited from using this site or creating a user subscription to use Simple Heatmaps.

Subscription-based service

Simple Heatmaps is offered as a subscription-based service.

A time-limited subscription to Simple Heatmaps is created to enable a trial of the Simple Heatmaps product. Simple Heatmaps reserves to right to decline any application for a trial of the Simple Heatmaps product.

The creation of a subscription requires the completion of a Simple Heatmaps account registration process. You must provide accurate and complete information to Simple Heatmaps as part of the Simple Heatmaps account registration process.

On successful completion of the Simple Heatmaps account registration process, you will be provided with the necessary tags to implement Simple Heatmaps on your website and a username and password to use to access the Simple Heatmaps reporting console. If you have not accessed or used your Simple Heatmaps account for more than three months, Simple Heatmaps may close down the account.

You will not share your Simple Heatmaps account username and password with any other individual. You are responsible for maintaining the security of your Simple Heatmaps user account name and password. Simple Heatmaps is not liable for any loss and/or damage resulting from your failure to comply with this obligation. You should notify Simple Heatmaps immediately upon learning of any unauthorized use of your Simple Heatmaps account or any other breach of security.

We may, upon any notice required by applicable law, change the fees for the Analysis Service at any time or require new fees or charges. Such changes will be effective immediately upon posting on Our Website; provided, however, that such fee changes will be effective only as to prospective Analysis Service orders (including renewals) accepted by Simple Heatmaps after the effective date of such change. Please be aware that any discounts applicable to previous subscriptions may not apply to renewed subscriptions.

You are solely responsible for any and all activities that relate to your Simple Heatmaps account. You may not use Simple Heatmaps for any illegal or unauthorized purpose, nor violate any applicable laws.

From time to time, staff employed by Simple Heatmaps may require access to your Simple Heatmaps account and the information recorded within it for the purposes of product support, maintenance and enhancement. You hereby agree and authorize access to the data recorded within your account by Simple Heatmaps staff for these purposes.

User licence

Simple Heatmaps grants you a non-exclusive license allowing you to use Simple Heatmaps for the duration of this agreement. The license granted shall start on the date the subscription account is created and continue until this agreement is terminated.

You agree and allow Simple Heatmaps to collect, store and process data from your website.

You are responsible for the correct implementation of Simple Heatmaps under applicable laws. You will have and abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection of information from visitors to your website; providing appropriate statements of disclosure regarding your use of Simple Heatmaps.

Simple Heatmaps provides a range of product features and has been built and tested to work with the most common types of websites. There may be some elements of an individual website that cannot be recorded successfully by Simple Heatmaps. You are recommended to review a detailed product overview document for more information and clarification of the product features available with your subscription to Simple Heatmaps. A copy of the detailed product overview can be obtained on request from www.simpleheatmaps.com.

At any point in time, some of the functionality available within Simple Heatmaps may be changed, updated, enhanced or removed with the intention of improving the overall value created for users of the product and you acknowledge that these changes may be made.

You are not permitted to use Simple Heatmaps to record any sensitive information fields.

The following are examples of fields that would be considered sensitive include:

  • user login
  • password
  • credit card number
  • bank account number.

Data recorded by Simple Heatmaps can be exported, sent as an email alert or automatically pushed to systems outside Simple Heatmaps using the available API. You are responsible for ensuring that any data recorded by Simple Heatmaps using these methods is sent to destinations that you have authorized.

Costs for using Simple Heatmaps

Costs are determined by the total number of pageviews recorded. A pageview is counted every time a single page is recorded by Simple Heatmaps.

You can increase or decrease the number of pages you want to record with Simple Heatmaps within a month at any point by contacting support@simpleheatmaps.com. The monthly cost of using Simple Heatmaps will be adjusted at the next monthly billing point to take account of the requested change.

All fees related to the use of Simple Heatmaps are paid in advance and no fees are refundable.

If any fees related to the use of Simple Heatmaps are unpaid and outstanding, Simple Heatmaps reserves the right to close the Simple Heatmaps subscription account and remove all associated user access accounts and recorded data.

Data privacy

Simple Heatmaps is wholly committed to protecting the privacy of its clients’ data as well as the data collected about its clients’ customers and web visitors. It is recommended that you also review our privacy policy. We do not share, sell, rent or exchange any of the information we collect for our clients from their websites with any other third-party organization.

Term & Termination

You can cancel your trial or paid account and subscription at any time by contacting Simple Heatmaps and requesting an account cancellation.

Your cancellation request will be processed within one working day and your account will remain active for the current billing period. No new recordings will be taken at the end of the current billing period.

Your account and any data recorded on your account will remain available for a period of at least 30 days from cancellation. Once this period expires, your account and all recorded data will be deleted.

No further payments will be taken after your cancellation request has been processed.

Once your account is closed, we recommend that you remove the Simple Heatmaps tag from your website.

Simple Heatmaps reserves the right, at its discretion, for any reason to:

  • Refuse any new account subscription
  • Suspend or terminate any active account

Violation of any of these Terms & Conditions may result in the immediate termination of your Simple Heatmaps account.

Disclaimer

The materials on Simple Heatmaps website are provided “as is”. Simple Heatmaps makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Simple Heatmaps does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Simple Heatmaps or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Simple Heatmaps internet site, even if Simple Heatmaps or a Simple Heatmaps authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and errata

The materials appearing on Simple Heatmaps website could include technical, typographical, or photographic errors. Simple Heatmaps does not warrant that any of the materials on its website are accurate, complete, or current. Simple Heatmaps may make changes to the materials contained on its website at any time without notice. Simple Heatmaps does endeavor to update these materials.

Severability

If any provision of these Terms and Conditions is found to be void or unenforceable, then the remainder will have full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of these Terms and Conditions

International Use

Recognizing the global nature of the Internet and the rapid changes around online privacy, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the Services. Further, use of the Services for Client Sites in certain jurisdictions outside of the U.S. may be conditioned upon your entry into a separate addendum governing the use of the Services for Client Sites in those jurisdictions (each, a “Foreign Addendum” and collectively, the Foreign Addenda”). You agree and acknowledge that Simple Heatmaps may condition your use of any of the Services or any Client Sites outside of the United States on entry into a Foreign Addendum which may be provided separately by Simple Heatmaps.

Notices

When you visit the Website or send emails to us, you communicate with us electronically and consent to receive communications from us electronically. We may communicate with you by: (a) email to your email address indicated in your communications with us, (b) posting general notices on Our Website, or (c) posting messages that are displayed to you when you log in to or access Our Website. Simple Heatmaps may deliver notice to you under this Agreement by means of electronic mail, a general or specific notice on the Services, a communication to your Simple Heatmaps account or by written communication delivered by first class U.S. mail to your address on record. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.

Any notices to Simple Heatmaps must be sent to the address below via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent defaul
880 Peru Ave, San Francisco, CA 94112

Effective Date of this Terms of Use:
This Terms of Use is effective as of July 9, 2018.