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Terms and Conditions

Thank you for considering Proxima for your web analytics needs. At Proxima, we are committed to protecting your privacy and keeping your personal data secure. In order to better serve you, we have created these Terms and Conditions to outline the rules and policies that govern our relationship with you. By using our services, you agree to be bound by these Terms and Conditions.

These Terms and Conditions (“Terms”) are a legally binding contract between you (“you” or the “User”) and Proximity LP (the “Company”, “us”, “we”, or “our”) that covers your use of our analytics software (“Proxima Analytics”) and other services available on our website(s): or (the “Website”) (collectively, “Services”).

Note: The following Terms of Service apply only to Proxima Analytics Cloud Services, and not to the Proxima Analytics Self-Hosted solution, which is hosted on your own servers and therefore does not require the Terms of Service.

We may update these Terms in the future. When we make significant changes to our policies, we will announce them on our blog and our changelog feed.

By using our services, now or in the future, you are agreeing to be bound by the latest version of our Terms of Service. This applies to all of our existing and future products, as well as any features we may add to our services over time. We reserve the right to enforce any and all provisions of our Terms of Service at our discretion. Please note that these terms do include limitations on our liability. Additionally, our Data Processing Agreement (DPA) under the European General Data Protection Regulation (GDPR) is incorporated into these Terms of Service.

If you do not agree to these Terms of Service, please do not use our services. Violation of any of the terms outlined below may result in the termination of your account. This is a broad statement, and it means that you need to trust us in order to use our services. We strive to earn and maintain that trust by being transparent about who we are, how we operate, and by welcoming feedback from our users.

We take our responsibility to our users seriously, and we do our best to provide a high-quality service that meets your needs. We value your trust and are committed to protecting your privacy and personal information. We also strive to be responsive to your questions, concerns, and feedback. If you have any questions or concerns about our services, please do not hesitate to contact us. We are here to help.

Account Terms

As the owner of your account, you are responsible for maintaining the security of your account credentials. If you fail to do so, Proxima Analytics cannot be held liable for any loss or damage that may result. You are also responsible for any activity that occurs under your account, regardless of who initiated it (including those with their own login credentials under your account). To use our services, you must comply with all applicable laws and regulations in your jurisdiction. In addition, you must provide a valid email address to complete the signup process. We do not allow accounts to be registered using automated methods, such as bots.

Terms of Payment, Refunds, Upgrading, and Downgrading

We do not collect your credit card information, and we do not sell any of your data. In order to continue using our services after the trial period ends, you will need to pay in advance. If you do not make payment, your account will be frozen and inaccessible until payment is received. If your account remains frozen for 15 consecutive days, it will be automatically cancelled.

If you choose to upgrade from a free trial to a paid plan, we will charge you immediately, and your billing cycle will begin on the day of upgrade.

Paid customers are billed automatically via credit card, using our secure payment processing service. The number of data points (pageviews and events) included in your paid plan must be used during the applicable term; any unused pageviews will be forfeited at the end of the term. We offer a variety of plans to meet different needs and budgets, so you can choose the one that best suits your needs.

You will never be charged extra for an occasional spike in traffic. There are no hidden fees, and your card will never be charged without your explicit consent. If the usage of pageviews on your account exceeds the paid plan you have selected for two consecutive months, we will contact you to discuss upgrading to a higher plan for the following month. You will have 15 days to make a decision. You can choose to upgrade to a higher plan, transfer some of your websites to another entity, or cancel your account at that point.

We understand that unexpected charges can be frustrating, which is why we are committed to providing transparent and predictable pricing. Our goal is to provide a high-quality service that meets your needs without surprising you with unexpected fees. If you have any questions or concerns about your account or billing, please do not hesitate to contact us.

You can upgrade or downgrade your plan at any time within your account settings. However, please be aware that downgrading your plan may result in the loss of certain features or capacity. Proxima Analytics cannot be held liable for any such loss.

Our payment processing is handled by Stripe. Any customer service inquiries or returns related to payments should be directed to Stripe. All fees are inclusive of any taxes, levies, or duties imposed by taxing authorities. Stripe will collect and remit these taxes on behalf of the relevant authorities. For more information, please refer to Stripe's Terms of Use.

Please note that fees paid to Proxima Analytics are non-refundable. This policy is in accordance with industry standards and is intended to protect the integrity and security of our payment processing system.

Termination and Cancellation of Service

You are solely responsible for properly cancelling your account. Please note that an email, digital message, or phone call to cancel your account is not considered official cancellation.

To properly cancel your account, you must follow the instructions provided on our documentation page. We provide a simple, no-questions-asked cancellation link to facilitate the cancellation process. Please be aware that any fees paid to us are non-refundable, and we are not responsible for any loss or damage that may result from the improper cancellation of your account.

You have the option to delete your account and all of your site statistics at any time. Upon deleting your Proxima Analytics account, all of your statistics will be permanently erased immediately.

We reserve the right to suspend or terminate your account and deny you access to our service for any reason at any time. This may result in the deactivation or deletion of your account and all related site statistics. Proxima Analytics also reserves the right to refuse service to anyone for any reason. We include this clause in order to protect the integrity of our service and to ensure that all users are following our Terms of Use. While the vast majority of sites on our platform are reputable, it is important for us to have the ability to take action in the rare event that a site is engaging in unethical or illegal activity.

Any form of abuse (including verbal, physical, written, or other types of abuse, as well as threats of abuse or retribution) directed towards any of our customers, employees, or officers will not be tolerated and may result in immediate termination of your account. We take the safety and well-being of all individuals involved with our service seriously, and will not allow anyone to engage in abusive behavior towards our customers, employees, or officers.

Service Modifications and Price Changes

At any time, we reserve the right to modify, temporarily or permanently discontinue, or make changes to any part of our service, with or without notice. This may include changes to the pricing structure of our products.

While we typically exempt existing customers from these changes, there may be instances where we choose to alter prices for current users. If this is the case, we will provide at least 30 days notice through email or by posting a notice on our website or affected services.

Please note that Proxima Analytics is not responsible for any losses or damages resulting from these modifications, price changes, suspension, or discontinuation of our service.

As a user of our service, you are solely responsible for any content or materials that you submit, publish, transmit, email, or display through our service. We do not claim any intellectual property rights over the materials you provide. All site data remains under your ownership.

While we welcome feedback and suggestions from users, by providing us with this input, you agree that we have the right to use and incorporate it in any way, including in future enhancements or modifications to our service, without payment or attribution to you.

Please be aware that Proxima Analytics retains the copyright and look and feel of our service. The company's name, logo, and any other product or service names or slogans displayed on our service are trademarks and may not be copied, imitated, or used in any way without the prior written permission of Proxima Analytics or the applicable trademark holder.

You are not permitted to reproduce, duplicate, copy, sell, resell, or exploit any portion of our service, or access to our service, without express written permission from the company."

Privacy and Security of Your Data

At Proxima Analytics, we prioritise the privacy and security of your data. To ensure the protection of your information, we have implemented various measures such as encrypted data storage, secure server infrastructure, and strict access controls. We also regularly review and update our security practices to align with industry standards and mitigate evolving threats.

When you use our service to track your website statistics, Proxima Analytics will collect data about your visitors. We understand that you trust us with this information and we take that trust seriously. By using our service, you agree that Proxima Analytics may process your data as outlined in our data policy and for no other purpose.

Both parties agree to handle each other's data in accordance with all applicable laws and with reasonable privacy and security measures in place to preserve the confidentiality and security of the data. You retain ownership and control over all rights, title, and interests to your website data. We do not claim any rights to your data and will never sell or share it with third parties.

It is important to note that we do not collect or analyse personal information from web users or use behavioural insights to sell advertisements. We will never collect or store any personally identifiable information or abuse the privacy of your visitors. When using our service, you retain complete ownership and control over all of your website data.

By using our service, you agree to comply with all relevant laws, including all privacy and data protection regulations. Additionally, you agree not to use our service to transmit sensitive information (such as credit card details, passport numbers, government-issued identification numbers, financial account information, real-time geolocation, or personally identifiable information) where unauthorised disclosure could cause significant harm or impact to the company, data subjects, or third parties.

General Conditions

Your use of Proxima Analytics is at your own risk. The service is provided on an "as is" and "as available" basis.

While we strive to design our services with care and with the feedback of our customers in mind, we cannot guarantee that they will meet every user's specific requirements or expectations. Additionally, while we test all of our features extensively before releasing them, it is inevitable that some bugs / software inconstancies may still exist. We prioritise the fixing of any bugs that are reported to us, particularly those related to security or privacy, but we cannot guarantee that all reported bugs will be addressed or that our services will be completely error-free.

Technical support is provided through email and we make a reasonable effort to respond in a timely manner. Please note that we may need to access your data in order to provide support or to maintain and safeguard Proxima Analytics to ensure the security of your data and the service as a whole.

We use third-party vendors to provide the necessary hardware, storage, payment processing, and related technology required to run our services. A list of our subprocessors is publicly available.

Limitation of Liability

You understand and agree that Proxima Analytics will not be held liable in law or equity for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

  • The use or inability to use the services
  • The cost of procuring substitute goods or services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services
  • Unauthorised access to or alteration of your transmissions or data
  • Statements or conduct of any third party on the service
  • Any other matter relating to this Terms of Service or the services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

This limitation of liability applies whether the damages arise from the use or misuse of the services, from the inability to use the services, or from the interruption, suspension, or termination of the services. You acknowledge that Proxima Analytics has no control over, and no liability for, the content of any third-party websites or services linked to or from the services.

This agreement shall be governed by the laws of Greece and the courts of Greece shall have exclusive jurisdiction to hear and determine all issues that may arise under or in relation to this agreement.

Contact Information

If you have any questions regarding these terms of service, please do not hesitate to contact us.

Last updated: December 12, 2022