Terms of Service and customer agreement

Last updated October 1, 2026

Effective date: October 1, 2026

Summary

This summary is here to help you read the Terms. It isn't a replacement for them.

Privatus Analytics is run by Two Phase LLC, a Wyoming limited liability company.
You must be 18 or older (or the age of majority where you live, if that is higher), keep your login to yourself and are responsible for the people you invite.
You own your analytics data. We process it only to run the Service for you, under our Data Processing Agreement.
You are responsible for telling your own visitors about your analytics. We give you tools and templates, not legal advice.
Paddle is our merchant of record and bills you. You can cancel at any time and your plan runs to the end of the paid period.
Refund policy: a full refund of any payment, renewals included, if you ask within 30 days of that payment.
When you reach your monthly event limit we pause collection and email you. We never charge you more unless you choose to upgrade or turn on automatic upgrades.
Disputes are governed by Wyoming law, and we try mediation first.

About these Terms

These Terms of Service (the “Terms”) are an agreement between you and Two Phase LLC, a Wyoming limited liability company (“Two Phase”, “we”, “us”), which operates Privatus Analytics. They cover the Privatus Analytics website at privatusanalytics.com, the analytics app, the JSON API, the MCP server, the tracker scripts, SDKs and plugins, and our related services (together, the “Service”).

By creating an account, accepting these Terms at sign-up or using the Service, you agree to them. If you accept on behalf of a company or other organization, you confirm that you have authority to bind it, and “you” means that organization.

These Terms include the Data Processing Agreement, the Acceptable Use Policy and, for Business and Enterprise plans, the Service Level Agreement. Our Privacy Policy explains how we handle personal data.

The Service

Privatus Analytics is privacy-first web analytics. It measures pageviews and events on your websites and apps without cookies and without storing your visitors' IP addresses. We improve the Service all the time, so features may change. We won't remove a core feature of a paid plan during a billing period in a way that materially reduces what you paid for without telling you first and offering a pro-rated refund.

Features labeled beta or preview are offered as they are, may change or end, and aren't covered by the SLA.

Eligibility and accounts

You must be at least 18 years old, or the age of legal majority where you live if that is higher, to create an account.
Give us accurate information when you sign up and keep it up to date, especially your email address, because we use it for notices about your account.
Keep your password, passkeys, two-factor codes and API tokens secure. Each person needs their own login. Don't share passwords or accounts. Invite members instead.
You are responsible for activity under your account and your API tokens. Tell us at once at [email protected] if you think someone has accessed your account without permission.

Workspaces and invited members

A workspace belongs to its owner. The owner, and admins the owner appoints, control the workspace, its sites, its data and its billing. When you invite members or give someone an API token, you are responsible for what they do in the workspace and for making sure they follow these Terms. You can change their roles or remove them at any time.

Acceptable use

Use the Service lawfully and follow the Acceptable Use Policy. In particular, you must not:

send spam, malware or unlawful content through the Service, or use it to harass or harm anyone,
attack, probe or overload the Service, get around its limits or security, or interfere with other customers,
access the Service by scraping or other automated means except through the JSON API, the MCP server and the tracker as documented,
send personal data to the Service that the Acceptable Use Policy forbids, such as email addresses or health information in URLs or event properties,
try to identify individual visitors,
resell or sublicense the Service except under an agency or Enterprise agreement with us, or copy it to build a competing product.

The API and ingestion endpoints have rate limits, and your plan's API limit is on the pricing page. Stay within them. We may slow down or block traffic that exceeds them or that harms the Service, and we may suspend accounts for serious or repeated abuse as described under Suspension and termination.

Your data and your visitors

You own your data. The analytics data collected from your websites and apps, and the content you create in the Service (“Customer Data”), belong to you. We process Customer Data only to provide, secure and support the Service for you, as your processor (a “service provider” under the CCPA), under the DPA. We don't sell it, share it for advertising or use it to build profiles of people.
You can use your data as you like. Export it, query it through the API or MCP server, or use it with the AI tools of your choice.
You are responsible for your visitors' privacy. You decide which sites to measure and how. You are responsible for having a lawful basis for your analytics and for describing it in your own privacy notice. The Service is designed to need no cookie banner, and we provide settings such as Global Privacy Control support and privacy notice templates. Those tools and our compliance pages are general information, not legal advice for your situation.

Intellectual property

We own the Service, including its software, design, documentation, content and trademarks, and they are protected by copyright, trademark and other laws. The tracker scripts, SDKs and plugins we publish as open source are licensed under their own licenses, such as MIT. Subject to these Terms, we give you a limited, non-exclusive, non-transferable right to use the Service for your own business during your subscription. All rights we don't expressly give you in these Terms are reserved, and nothing in these Terms transfers ownership of any part of the Service to you.

Our name, logos and badge. “Privatus Analytics”, our logos and our badge are our trademarks. You may show our badge on your websites exactly as we provide it, unedited and linked to our website. You may also name Privatus Analytics truthfully as your analytics provider, for example in your privacy notice, and use the unaltered logos on our brand page to refer to us, as that page describes. Any other use of our name, logos or trademarks needs our written permission first, and you must never use them in a way that suggests we endorse or sponsor you. Don't remove or change our copyright or trademark notices, except through a feature we provide for that, such as white label.

You give us the permission we need to host, copy, process and display Customer Data to provide the Service to you. If you send us feedback or ideas, we may use them without any obligation to you.

Third-party services and links

The Service links to websites and works with services that other companies run, such as Slack, Microsoft Teams, Google Search Console, Bing Webmaster Tools, the sign-in provider you choose, the destinations of your webhooks and warehouse exports, and the AI tools you connect through the MCP server. You decide whether to use them. Their operators provide them under their own terms and privacy policies, and we don't control them. When you turn on an integration, you instruct us to exchange data with that provider.

We aren't responsible for the content, availability or practices of third-party websites and services, and we aren't liable for loss or damage caused by using or relying on them. Please read their terms and privacy policies before you use them.

Plans, fees and payment

Merchant of record. Paid plans are sold by Paddle.com Market Ltd (“Paddle”), our merchant of record. The prices we show include any sales tax or VAT that applies. Paddle processes your payment, collects and remits that tax, issues your invoices and handles payment details. We never see your card number. Paddle's buyer terms also apply to your purchase.
Events. Plans are priced by events a month, where an event is a pageview or a custom event. API calls, Web Vitals, uptime checks, imported data and bot traffic don't count. Plans and prices are on the pricing page.
Renewal. Paid plans renew automatically every month or year, and Paddle charges your payment method at the start of each period, until you cancel.
Monthly limit. Your plan's monthly event allowance is a limit, not a starting point for extra fees. We email you at 80% and 100% of it. When a workspace reaches it, we stop recording new pageviews and custom events for its sites until the allowance resets at the start of the next month or you upgrade, and we never charge you for usage above it. If you turn on automatic upgrades (off by default), reaching the limit moves you to the next tier instead and Paddle charges the prorated difference.
Price changes. We'll tell you by email at least 30 days before a price change applies to you. It takes effect at your next renewal after that notice, and you can cancel before then.
Failed payments. If a payment fails, Paddle retries and emails you. Please update your payment method from the billing page. You keep your plan, and collection continues, while Paddle retries. If the payment still fails when Paddle's retries end, the subscription is paused or canceled and the workspace moves to the Free plan and its limits. Your data is then treated as described under Your data after cancellation or deletion, and you can subscribe again at any time.

Cancellation

You can cancel a paid plan at any time from Workspace settings, Billing. No notice period applies. Cancellation takes effect at the end of the paid period: you keep your plan until then and aren't charged again. You can undo a cancellation before the period ends. When the period ends, the workspace moves to the Free plan and keeps working within the Free limits. What happens to your data is under Your data after cancellation or deletion.

Refund policy

30 days from every payment. You can get a full refund of any payment if you ask within 30 days of the date of any payment, including every renewal, monthly or yearly, not only your first payment. Refunds are for the full amount of that payment, with no pro-rating and no deductions.
How to ask. Email [email protected] from the account's email address, or ask Paddle, our merchant of record, through its buyer support at paddle.net. Tell us which workspace or which payment.
Where the money goes. Paddle returns the money to the payment method you used. How long it takes to appear depends on your bank or payment provider.
What happens to your plan. Refunding a payment ends the period it paid for. We cancel the subscription immediately, and the workspace moves to the Free plan. Your data is kept as described under Your data after cancellation or deletion, and you can subscribe again at any time.
Exception. We don't refund payments for accounts we terminate for violating these Terms or the Acceptable Use Policy.

This policy doesn't limit any refund or withdrawal right you have under consumer law.

Discounts and programs

We run programs with their own conditions. We review every application, may reject one without giving a reason, and may end a program benefit if the conditions stop being met. Program terms may change with 30 days' notice.

Nonprofits, education and open-source projects: 50% off Pro and Business, applied from the next billing period after approval.
Free open-source program: Pro features for up to 1 million events a month, free, for public open-source projects under an OSI-approved license, reviewed by our staff. See open source.
Agency program: 20% off every workspace the agency's owner owns and white label on those workspaces. See agencies.
Affiliate program: 25% commission on each net payment (after discounts, excluding tax) from customers you refer, for 24 months from their first payment. Each commission is held for 30 days so refunds and chargebacks can be taken back. Payouts are made through Wise once at least $50 is payable, or as account credit on your own subscription with no minimum. Self-referrals, coupon sites and paid search ads on our brand name aren't allowed. You must disclose that you earn a commission, and you are responsible for your own taxes on it. Commissions already earned are paid if the program changes. See affiliates.

Only one discount applies to a subscription at a time.

Availability, support and the SLA

We work to keep the Service available and publish its status on our status page. The Business and Enterprise plans include the Service Level Agreement, which sets an uptime commitment and service credits. Support is by email and through our documentation, as described for your plan.

Suspension and termination

You can stop using the Service and delete your workspace or account at any time.
We may suspend or terminate your access if you seriously or repeatedly breach these Terms or the Acceptable Use Policy, if you don't pay, if your use puts the Service, other customers or anyone else at risk, or if the law requires it. Where it's practical and lawful, we'll tell you first and give you a chance to fix the problem.
We may also end your account or a workspace for any other reason by giving you at least 30 days' notice by email. You can export your data during that time. If you are on a paid plan, we'll refund the fees you prepaid for the period after the end date. After the end date, the workspace is deleted as described under Your data after cancellation or deletion.
If your breach causes us costs, such as the cost of dealing with abuse sent through your account, we may ask you to cover our reasonable, documented costs.
We may stop offering the Service entirely with at least 90 days' notice, and we'll refund any prepaid fees for the period after it ends.

Your data after cancellation or deletion

Export first. You can export your data at any time from the app or through the API. Aggregated exports are available on every plan, and raw event exports on paid plans.
After a paid plan ends the workspace becomes a Free workspace. We keep all of its data for 60 days so you can come back. After that, data older than the Free plan's 6 months of history is deleted.
Deleting a workspace cancels any subscription immediately. The workspace is kept for 7 days in case you change your mind (contact us to restore it), then it and all its analytics data are permanently deleted. Copies in our backups expire in the normal backup cycle.
Deleting your account removes your profile at once and deletes the workspaces you own as described above. A workspace you share with other members must first be transferred to one of them, or deleted.
Inactive Free workspaces with no sign-ins, member activity, API use or data for 12 months may be deleted, after warning emails 30 and 7 days before.
We keep billing records, such as invoice numbers and amounts, as long as tax and accounting law requires, even after a workspace is deleted.

Publicity

We may name your organization as a customer and show its name and logo on our website and in our marketing. If you'd rather we didn't, email [email protected] and we'll stop within 30 days. We won't publish a quote, case study or your data without your permission.

Security and confidentiality

We protect the Service and Customer Data with the technical and organizational measures described in the DPA and on our security page. Each party will keep the other's non-public business information confidential and use it only for the purposes of these Terms.

Indemnification

You will defend, indemnify and hold harmless us, our affiliates, and our and their owners, officers, employees, agents, contractors, licensors and suppliers (together, the “Two Phase Parties”) against third-party claims arising from your Customer Data, your websites or apps, or your breach of these Terms or of law, including a failure to give your visitors the notices your use of analytics requires. We will defend and indemnify you against third-party claims that the Service, as we provide it, infringes their intellectual property rights. Each indemnity covers the resulting damages, settlements, costs and reasonable attorneys' fees. The party asking for protection must tell the other promptly, let it control the defense and cooperate reasonably.

Disclaimers

We provide the Service with reasonable skill and care.

APART FROM WHAT THESE TERMS SAY, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND YOU USE IT AT YOUR OWN RISK. TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ANALYTICS FIGURES WILL BE EXACT. VISITOR COUNTS, FOR EXAMPLE, ARE ESTIMATES BY DESIGN.

YOU ARE RESPONSIBLE FOR THE SECURITY OF YOUR OWN WEBSITES, DEVICES AND NETWORKS. TO THE EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACKS, VIRUSES OR OTHER HARMFUL CODE, OR OTHER ATTACKS BY THIRD PARTIES, THAT AFFECT YOUR OWN EQUIPMENT, SOFTWARE OR SYSTEMS BECAUSE YOU USED THE SERVICE, DOWNLOADED SOMETHING FROM IT OR FOLLOWED A LINK FROM IT.

Limitation of liability

NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, USE OR DATA, UNDER ANY LEGAL THEORY, INCLUDING CONTRACT AND NEGLIGENCE, EVEN IF IT WAS TOLD THEY WERE POSSIBLE.
EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS IS LIMITED TO THE FEES YOU PAID US IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $10,000, WHICHEVER IS LESS.
The disclaimers above and the limits in this section also protect the other Two Phase Parties. The limits apply to us and them together, not to each one separately.
These limits don't apply to your obligation to pay fees, to your breaches of the Acceptable Use Policy, to the indemnities, or to liability that the law doesn't allow to be limited, such as for fraud or, in some places, gross negligence.
Any claim arising from these Terms must be brought within 6 months after the claim arises, unless the law requires a longer period.

Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-law rules. If a dispute arises, please email us first. We'll both try in good faith to resolve it, including through non-binding mediation, for at least 30 days before either of us goes to court. After that, the state and federal courts located in Wyoming have exclusive jurisdiction, and both parties agree to them. Either party may still ask any court for urgent relief to protect its intellectual property or confidential information.

If you are a consumer, nothing in these Terms takes away the protection of mandatory laws of the country where you live, including your right to bring a claim in your local courts.

Changes to these Terms

We may update these Terms. For material changes, we'll email account owners and post the new version here at least 30 days before it takes effect. If you don't agree, you can cancel before then, and the refund policy applies to your last payment. Other changes take effect when posted. The effective date at the top shows the current version.

General

Entire agreement. These Terms, with the documents they include and any order form you sign with us, are the whole agreement about the Service. If they conflict, a signed order form wins, then the DPA for personal data, then these Terms.
Assignment. You may not transfer these Terms without our written consent. We may transfer them to a company that acquires our business or the Service, and we'll tell you if we do.
Severability. If a court finds part of these Terms unenforceable, the rest stays in effect.
No waiver. Not enforcing a right right away doesn't waive it.
Force majeure. Neither party is responsible for delays caused by events beyond its reasonable control.
Independent parties. We are independent contractors. These Terms don't create a partnership or agency.
Notices. We send notices to the email address on your account. Send notices to us at [email protected] or by post to our mailing address below.

Contact

Two Phase LLC, a Wyoming limited liability company, operating Privatus Analytics

Email: [email protected]
Physical address: Two Phase LLC, 680 South Cache Street, Unit 100, Jackson, WY 83001, USA
Mailing address: Two Phase LLC, PO Box 14672, Jackson, WY 83002, USA
Or use our contact form.