Terms & Conditions

1. Definitions

"Customer Data"

All data, content, or information that you or your end-users transmit to or through the Service, including analytics events collected by the Prism tracking script.

"Documentation"

The technical and user documentation for the Service made available at docs.prism.example.com.

"Order Form"

A written or electronic order, subscription page, or checkout form specifying the subscription plan, fees, and term agreed by the parties.

"Prism Technology"

The Service, including all software, algorithms, APIs, tracking script, dashboards, Documentation, and any derivative works thereof.

"Subscription Term"

The period during which you are entitled to access and use the Service as specified in an Order Form or on the pricing page.

"User"

Any individual who accesses the Service using credentials issued under your account.

"Visitor Data"

Anonymised analytics data about visitors to your website(s) collected by the Prism tracking script on your behalf.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract in your jurisdiction to use the Service. By accepting these Terms, you represent and warrant that you meet these requirements.

If you are accepting these Terms on behalf of a company, organisation, or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that case, "you" and "your" refer to that entity.

3. Account Registration

To use the Service, you must register an account by providing accurate and complete information. You agree to:

• Keep your account credentials confidential and not share them with any third party.
• Notify us immediately at security@prism.example.com of any unauthorised access to your account.
• Accept responsibility for all activities that occur under your account.
• Maintain accurate, current, and complete account information at all times.

Prism reserves the right to suspend or terminate accounts found to contain false, misleading, or outdated information.

4. The Service

4.1 Licence Grant

Subject to your compliance with these Terms and payment of applicable fees, Prism grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service during the Subscription Term solely for your internal business purposes.

4.2 Service Availability

We target 99.9% monthly uptime for the ingestion API and dashboard. Scheduled maintenance windows are excluded. We will provide at least 48 hours' notice of planned maintenance via our status page at status.prism.example.com.

4.3 Support

4.4 Modifications

We may modify, enhance, or discontinue features of the Service with reasonable notice. We will not remove core functionality without at least 30 days' advance notice to paying subscribers.

5. Acceptable Use

You agree not to use the Service to:

• Collect data from websites you do not own or have explicit permission to track.
• Track individuals who have opted out of analytics or withdrawn consent where required by law.
• Circumvent, disable, or interfere with security features of the Service.
• Reverse-engineer, decompile, disassemble, or attempt to derive source code from any part of Prism Technology.
• Resell, sublicense, or white-label the Service without a separate written agreement.
• Upload malicious code, scripts, or payloads via the API or tracking script.
• Transmit unlawful, defamatory, harassing, or fraudulent content.
• Exceed plan-level page-view limits in a manner intended to abuse service quotas.
• Use the Service to build a competitive product.

Violation of this section may result in immediate suspension without refund. We reserve the right to investigate suspected violations and cooperate with law enforcement.

6. Subscription & Payments

6.1 Fees

Fees are as stated on our pricing page or in an Order Form. All fees are in US Dollars and are exclusive of applicable taxes unless stated otherwise.

6.2 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis as selected at checkout. Annual subscriptions are non-refundable except as described in Section 6.5.

6.3 Payment Method

You authorise Prism (via its payment processor, Stripe) to charge your payment method on file at the start of each billing cycle. If a charge fails, we will retry up to three times over five business days before suspending access.

6.4 Price Changes

We may change subscription prices with at least 30 days' written notice. Price changes take effect at your next renewal. If you do not accept the new price, you may cancel before renewal.

6.5 Refund Policy

• Monthly plans: No refunds for partial months. Cancel any time; access continues until the period end.
• Annual plans: Eligible for a pro-rated refund within 14 days of the annual renewal date if you have not exceeded 10% of your plan's page-view quota in that period.
• Service outages: Credits (not cash refunds) are issued if monthly uptime falls below 99.9%, calculated as a pro-rated credit for the downtime hours exceeding the SLA.

6.6 Taxes

You are responsible for all taxes, levies, or duties (including VAT/GST) imposed on your purchase, excluding taxes on Prism's income. Where required, Prism will collect and remit applicable taxes automatically.

7. Free Trial

Prism may offer a time-limited free trial of a paid plan. At the end of the trial period, your account will automatically convert to the Starter (free) plan unless you have entered valid payment details and selected a paid plan.

Free trials may not be combined with other promotions. Prism reserves the right to modify or cancel free-trial offers at any time.

8. Customer Data

8.1 Ownership

You retain all right, title, and interest in and to your Customer Data. These Terms do not grant Prism any ownership over Customer Data.

8.2 Licence to Prism

You grant Prism a limited, worldwide, royalty-free licence to store, process, and transmit Customer Data solely to: (a) provide and maintain the Service; (b) perform security monitoring; and (c) generate anonymised, aggregated benchmarking statistics that do not identify you or your visitors.

8.3 Data Processing

To the extent Customer Data includes personal data of your website visitors, you are the data controller and Prism acts as a data processor under applicable data protection laws. The parties agree to the terms of Prism's Data Processing Agreement (DPA), which is incorporated into these Terms and available at prism.example.com/dpa.

8.4 Your Responsibilities

You represent and warrant that:

• You have all necessary rights, consents, and permissions to submit Customer Data to the Service.
• Collecting Visitor Data via the Prism script on your site complies with all applicable privacy laws, including GDPR, CCPA, PECR, and COPPA.
• You have published a privacy policy on your site disclosing the use of Prism Analytics.

8.5 Data Export & Deletion

You may export your Customer Data at any time in CSV or JSON format via the dashboard. Upon account termination, Customer Data is retained for 90 days to allow export, then permanently deleted. Requests for earlier deletion can be made at privacy@prism.example.com.

9. Intellectual Property

9.1 Prism Technology

Prism and its licensors retain all right, title, and interest (including all intellectual property rights) in and to Prism Technology. No rights are granted to you other than the limited licence in Section 4.1.

9.2 Feedback

If you submit ideas, suggestions, or feedback about the Service ("Feedback"), you grant Prism a perpetual, irrevocable, worldwide, royalty-free licence to use, incorporate, and commercialise such Feedback without restriction or compensation to you.

9.3 Trade Marks

"Prism", the Prism logo (◈), and all related product names are trade marks of Prism Analytics, Inc. You may not use our trade marks without prior written permission except as permitted by applicable law.

10. Third-Party Integrations

The Service may integrate with third-party platforms (e.g. Meta Ads, Slack, Google Sheets). Your use of such integrations is subject to those platforms' own terms and policies. Prism:

• Does not control and is not responsible for the practices or content of third-party platforms.
• Makes no warranty regarding the availability or accuracy of data returned by third-party APIs.
• Is not liable for any damages arising from your use of third-party integrations.

Specifically regarding Meta platform integrations: your use of any Meta data received through Prism must comply with Meta's Platform Terms and Developer Policies, and our Privacy Policy — Section 4.

11. Confidentiality

"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Each party agrees to:

• Hold the other party's Confidential Information in strict confidence.
• Not disclose Confidential Information to any third party except to employees, contractors, or advisors who need to know it and are bound by confidentiality obligations at least as restrictive as these Terms.
• Use Confidential Information only as necessary to exercise rights or perform obligations under these Terms.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly known without breach of these Terms; (b) was known before disclosure; (c) is independently developed without reference to Confidential Information; or (d) must be disclosed by law or court order, provided the disclosing party gives prompt written notice.

12. Warranties & Disclaimers

12.1 Prism's Limited Warranty

Prism warrants that: (a) the Service will perform materially as described in the Documentation; and (b) it will implement commercially reasonable security measures to protect Customer Data. Your sole remedy for a breach of this warranty is for Prism to re-perform the affected portion of the Service or, if re-performance is not reasonably possible, to issue a pro-rated credit.

12.2 Disclaimer of Warranties

13. Limitation of Liability

Some jurisdictions do not allow limitation of liability for consequential or incidental damages, so the above limitation may not apply to you to the extent prohibited by applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Prism, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service in violation of these Terms.
• Your Customer Data, including any claim that it infringes a third party's rights.
• Your violation of any applicable law or regulation, including data protection laws.
• Any content you publish on your websites that is tracked by the Prism script.

Prism reserves the right to assume exclusive control of the defence of any matter otherwise subject to indemnification by you, at your expense.

15. Term & Termination

15.1 Term

These Terms commence on the date you first accept them and continue for the duration of your Subscription Term and any renewals thereof.

15.2 Termination by You

You may cancel your subscription at any time via Settings → Account → Cancel Subscription. Cancellation takes effect at the end of the current billing period; you will retain access until then.

15.3 Termination by Prism

Prism may suspend or terminate your account immediately upon notice if:

• You materially breach these Terms and fail to cure within 10 days of written notice.
• You breach Section 5 (Acceptable Use).
• You become insolvent, file for bankruptcy, or make an assignment for the benefit of creditors.
• Continued operation of your account poses a security or legal risk to Prism or other customers.

15.4 Effect of Termination

Upon termination: (a) all licences granted to you immediately cease; (b) outstanding fees become due; (c) Customer Data is retained for 90 days to allow export, then deleted. Sections 1, 9, 11, 12, 13, 14, 17, 18, and 19 survive termination.

16. Changes to the Service or Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last reviewed" date at the top of this page.
• Send an email notification to your registered address at least 14 days before the new Terms take effect.
• Display a prominent notice in the dashboard for 30 days.

Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you disagree with the changes, you must cancel your account before the effective date and will receive a pro-rated refund for any prepaid period.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating formal proceedings, you agree to contact Prism at legal@prism.example.com and attempt to resolve the dispute informally for at least 30 days.

17.2 Binding Arbitration

If the dispute is not resolved informally, it shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in San Francisco, California (or by videoconference if mutually agreed) in the English language. The arbitrator's award shall be final and binding and may be entered as a judgement in any court of competent jurisdiction.

17.3 Class-Action Waiver

ALL DISPUTES MUST BE BROUGHT INDIVIDUALLY. YOU WAIVE ANY RIGHT TO BRING CLAIMS AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS FROM MORE THAN ONE PERSON.

17.4 Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or breach of confidentiality obligations without first engaging in arbitration.

17.5 EU/UK Consumers

If you are a consumer located in the EEA or the UK, mandatory local consumer protection laws may entitle you to bring a claim before local courts or through the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr. Nothing in this section limits those statutory rights.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law principles.

For customers located in the EEA or UK, mandatory consumer protection and data protection laws of your country of residence also apply and take precedence where they conflict with the choice of California law.

19. General Provisions

Entire Agreement

These Terms, together with any Order Form, the Privacy Policy, and the DPA, constitute the entire agreement between you and Prism regarding the Service and supersede all prior negotiations, representations, or agreements.

Severability

If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable; all other provisions remain in full force.

Waiver

Prism's failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer any rights or obligations under these Terms without Prism's prior written consent. Prism may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, with notice to you.

Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, government actions, internet outages, or third-party service failures.

Notices

Legal notices to Prism must be sent to legal@prism.example.com or by post to our registered address. Notices to you will be sent to your registered email address.

Language

These Terms are written in English. Any translations are provided for convenience only; the English version prevails in the event of a conflict.

Relationship

The parties are independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship.

20. Contact