tidekeeper

Terms of service

These terms are between Point Free ApS, Gunderupvej 16, 9260 Gistrup, Denmark, CVR 46560590 ("we") and whoever makes an account ("you"): a business, an organisation, or a person for their own sake. They apply from the day the account is made, together with the data processing agreement at /dpa. Where they and an agreement signed by both of us differ, the signed agreement holds.

Businesses and consumers

tidekeeper is open to businesses and organisations, and to consumers: people who make an account mainly for their own sake, outside their trade or profession. Whoever makes an account for a business or an organisation confirms that they may bind it to these terms. A consumer must be at least 18. Where the law gives consumers more than these terms do, the section "If you are a consumer" says so, and it holds over the rest.

What tidekeeper is

tidekeeper counts visits to websites you add to it and shows you the figures. We run it for you, and we change it as we go: what it does on a given day is what the product and its documentation say that day. It is delivered online, at tidekeeper.eu, through its API and through the command line; nothing is shipped.

We do not offer tidekeeper where sanctions of the EU or the UN forbid it, such as to companies and authorities in Russia.

Using it

While your account is open, you may use tidekeeper, and the command line we offer for it, for your own sites. That right is not exclusive, and you cannot pass it on.
Do not copy, resell or rebuild tidekeeper, take its programs apart except where the law allows it, get round its limits, or test its security or its load without our written permission.
The account belongs to you. Its owners decide who is in it and what they may see; what its members and its API tokens do is done by you.
Keep sign-ins and tokens secret, and tell us at once if you think someone else has one.
What we mark as early or as a preview is offered as it is, and may change or go without notice.

Your sites and your data

What you put in tidekeeper stays yours. You let us use it, and fetch and keep copies of your sites' pages and icons, as far as we need to run tidekeeper for you.
You can export your data while the account is open, its read-only days included.
Keep your own copy of anything you cannot do without. Our backups are there to keep tidekeeper running; if data is lost, what we owe is to restore it from the latest backup we have of it.
When you connect another tool to tidekeeper (an AI assistant through the MCP server, the command line, a program using the API, the service you sign in through), what that tool does with your data is between you and it.
If you tell us how tidekeeper could be better, we may use the idea freely.

What you are responsible for

Add only sites you run or are allowed to measure.
Decide whether your sites need their visitors' consent, and get it where they do. What tidekeeper's pages say about consent is our reasoning, not legal advice, and we do not make that decision for you.
Tell your sites' visitors, in your own privacy policy, that you use tidekeeper.
In hard mode, use the banner tidekeeper gives you without making "no" harder than "yes" or your site worse after a "no", and have a lawful basis for whatever you send with a visitor: a user ID, properties, purchases.
Do not send tidekeeper what it does not ask for: no names, email addresses or other personal data in page addresses, events or properties, and nothing about health, religion, sexuality, politics or any other special category of personal data.
Do not use tidekeeper to follow people who did not agree, to break the law, or to attack tidekeeper or anyone else.
What you show in a shared view or a public dashboard is shown by you, and is yours to answer for.
You answer for claims made against us because of your sites, your data or a use of tidekeeper that breaks these terms, and you cover what they cost us, reasonable lawyers' fees included.

Plans and paying

A plan sets how many events a month, sites, members and months of history your account has. The plans and their prices are on the pricing page: for businesses without VAT, for consumers with it.
A trial of 14 days starts when a card is given. At its end the plan's price is charged to that card, unless the trial was cancelled before. You are reminded by email before it ends.
You pay through Stripe, in advance: a business by the month or the year, a consumer by the month. Invoices come from them, with VAT where it applies.
Where a plan is sold to you through Stripe Managed Payments, the checkout says "Sold through Link": Sold through Link, LLC, a Stripe company, is the merchant of record for its payments, Link's terms for the purchase apply as well, and receipts, invoices and the charge on your statement ("LINK.COM*" and our name) come from Link. You can also cancel the plan at link.com. The rest of these terms is between you and us.
A plan renews until you cancel it, on the Plan screen or without signing in at /cancel. Cancelling stops the next renewal, and you keep the plan until the period you paid for ends. What was paid is not paid back, except where these terms say so.
If an account goes over its plan's events, its owners are told and counting goes on for 7 days. After that, events over the plan are not counted until the month ends or the plan changes.
If a payment fails, counting goes on for 7 days. After that, nothing new is counted until it is paid.
We may change plans and prices. A new price applies to you from your first renewal at least 30 days after we have told your owners by email.
We may leave out traffic we judge to be automated or abusive.

Ending

You can delete your account at any time. It is deleted 7 days after you ask, and any owner can stop it until then.
When a plan ends unpaid, the account is read-only for 30 days, so you can take everything with you, and is then deleted.
We may suspend or limit an account that breaks these terms, that does not pay, or that puts tidekeeper, our other customers or anyone's visitors at risk. We tell you why, before we act where we can.
We may close your account, or stop offering tidekeeper, with 30 days' notice by email. If we do so for any reason other than a breach of these terms, we pay back what you paid for the time after the account closes.
What should by its nature outlast these terms does: what you answer for, the limits on our liability, and the law and the courts.

What we promise, and what we do not

We run tidekeeper with reasonable skill and care. Beyond that, it is offered as it is and as it is available: we do not promise that it is never down or never wrong, or that it suits any particular purpose, unless we have agreed it in writing.
tidekeeper's figures are estimates. Blockers, bots, shared networks and the ways people browse make every count of visits miss some and mistake some. Do not rely on them where an error could cost you or others.
We may change tidekeeper at any time. If a change takes away something central to your plan, we tell owners at least 30 days before it applies, unless security or the law needs it sooner.
We are not liable for indirect loss: lost profit, revenue, business, goodwill or data, or the cost of anything bought in its place.
Our total liability under these terms and the data processing agreement together is limited to what you paid us in the twelve months before the event that caused it.
These limits do not apply where the law does not allow them, such as for loss caused by intent or gross negligence.
We are not liable for what we could not reasonably prevent: failures of the internet, of power or of the providers we rely on, attacks, war, strikes, or orders of an authority.

If you are a consumer

This section is for consumers only. Where it differs from the rest of these terms, it holds.

You may withdraw from the agreement within 14 days of the day it is made, which is the day your card starts the trial or you first choose a plan. You need not say why. Use "Withdraw from the agreement here" on the Plan screen, or write to us at the address on /company; the form at the end of these terms can be used but need not be. If you withdraw after something was charged, we pay it back within 14 days, less a fair part for the days you used tidekeeper after asking us to start at once.
Your rights under the law come first. Nothing in these terms takes away what the consumer law of the country you live in gives you, including when tidekeeper is not as we said it would be: then you may have it put right, a lower price, or the agreement ended, as that law says. The limits under "What we promise, and what we do not" hold for you only as far as that law lets them, and the last point under "What you are responsible for", on covering what claims cost us, does not apply to you.
Changes to tidekeeper are made only for a good reason: security, the law, keeping it running, a change by a provider we rely on, or making it better. They cost you nothing. If a change makes tidekeeper more than slightly worse for you, we tell you at least 30 days before it applies, and you may end the agreement within 30 days of the change and have back what you paid for the time after.
Changes to prices and to these terms: if you do not want them, you may end the agreement before they apply and have back what you paid for the time after.
Courts: you can also bring a case before the courts where you live, and we can bring one against you only there.
Complaints: write to us first. If we do not agree, you can complain to Nævnenes Hus, Toldboden 2, 8800 Viborg, www.naevneneshus.dk. If you live in another EU country, Forbrugereuropa (the European Consumer Centre in Denmark), www.forbrugereuropa.dk, can help.

Changes to these terms

We tell owners by email at least 30 days before a change applies. If you do not want the new terms, cancel before they apply. A change the law asks for, or one that takes nothing from you, can apply sooner.

The rest

We write to your owners at their addresses, or in tidekeeper. You write to us at the address on /company.
We may pass these terms on with tidekeeper to a company that takes it over, and tell you when we do. You may pass them on only with our written agreement.
If a part of these terms cannot be enforced, the rest still holds. Not using a right is not giving it up.
These terms, the data processing agreement and the pricing page's description of your plan are the whole agreement between us about tidekeeper.

Law and courts

Danish law applies. Disputes with a business or an organisation are decided by the Danish courts, with Retten i Aalborg as the first court. For consumers, see "If you are a consumer".

Questions about these terms: write to us at the address on /company.

Withdrawal form

For consumers, to fill in and send only if you want to withdraw from the agreement:

To Point Free ApS, Gunderupvej 16, 9260 Gistrup, Denmark, contact@tidekeeper.eu:

I withdraw from my agreement for the following service: tidekeeper, the account ……………

Agreed on: …………… · Name: …………… · Address: …………… · Signature (only on paper): …………… · Date: ……………