1. Account Registration, Access, and Use

1.1 Account Registration. To use the Platform, You must create an Account by providing TrafficInsigh with all required information and accepting this Agreement. You agree to (a) provide TrafficInsigh with complete and accurate information upon registration, (b) be responsible for maintaining the security of the Account, log-in information and password(s), including all user information, and (c) take all reasonably necessary steps to protect the Account password from loss, theft, or unauthorized disclosure. You will promptly notify Us of any breach or threatened breach of this Section and will hold us harmless from any damages we sustain as a result of this breach.

If You use Our Site or Platform on behalf of a legal entity (such as Your employer or a client), You represent and warrant that You have the authority to bind that legal entity. If You no longer have this authority, then You will inform TrafficInsigh and the legal entity will provide TrafficInsigh with a new authorized representative. TrafficInsigh will not be held liable should a person without the necessary authorization enter into this Agreement for and on behalf of a legal entity.

1.2 Your Right to Use Platform. Subject to this Agreement and during the Term, Hotjar grants You a limited, revocable, non-exclusive, non-transferable, non-sublicensable and non-assignable license to use the Site and/or access the Platform as a software as a service (SaaS) solution for Your internal business purposes and subject to the terms of this Agreement.

1.3 Your Restrictions. You hereby agree not to:

a. license, sub-license, sell, re-sell, rent, lease, transfer, distribute, timeshare or otherwise make any part of the Platform available to third parties except as otherwise expressly provided in this Agreement;

b. access or use the Platform for the purpose of: (i) developing or operating products or services intended to be offered to third parties in competition with the Platform, or (ii) allowing access to the Account or the Platform by a direct competitor of TrafficInsigh;

c. reverse engineer, decompile, disassemble, copy any of the Platform or technologies, derive source code, object code, trade secrets or create any derivative works from or about any of the Platform or technologies or use the output generated from the Platform to train, calibrate, or validate, in whole or in part, any other systems, programs or platforms, or for benchmarking, software-development, or other competitive purposes (or attempt to do any of the same), except pursuant to Your non-waivable rights under applicable law;

d. use the Platform in a way that: (i) violates or infringes upon the rights of a third party, including those pertaining to: contract, intellectual property, privacy, or publicity; or (ii) effects or facilitates the storage or transmission of libelous, tortious, or otherwise unlawful material including, but not limited to, material that is harassing, threatening, or obscene;

e. use the Platform to create, use, send, store, or run viruses or other harmful computer code, files, scripts, agents, or other programs, or circumvent or disclose the user authentication or security of the Platform or any host, network, or account related thereto or use any aspect of the Platform components other than those specifically agreed with Us; or

f. use the Platform in violation of the Acceptable Use Policy.

1.4 Suspension of Access. TrafficInsigh may suspend any use of the Platform or remove or disable any Account or content that We reasonably and in good faith believe violates the Agreement, including any usage restrictions. We will use commercially reasonable efforts to notify You prior to any such suspension or disablement, unless: (a) We are prohibited from doing so under Applicable Law; or (b) it is necessary to delay notice in order to prevent harm to the Platform or a third party. 

1.5 Third-Party Services. You may choose to obtain Third-Party Services from third parties and/or TrafficInsigh or its Affiliates. Any acquisition by You of Third-Party Services is solely between You and the applicable Third-Party Service provider and neither Hotjar nor its Affiliates warrant, support, or assume any liability or other obligation with respect to such Third-Party Services. If You choose to integrate or interoperate Third-Party Services with the Platform in a manner that requires Hotjar or its Affiliates or the Platform to exchange Data with such Third-Party Service or Third-Party Service provider, You: (a) grant Hotjar and its Affiliates permission to allow the Third-Party Service and Third-Party service provider to access Data and information about Your usage of the Third-Party Services as appropriate and necessary to enable the interoperation of that Third-Party Service with the Platform; (b) acknowledge that any exchange of data between You and any Third-Party Service is solely between You and the Third-Party Service provider; and (c) agree that TrafficInsigh and its Affiliates are not responsible for any disclosure, modification, or deletion of Data resulting from access to such data by Third-Party Services. If TrafficInsigh determines, in its sole discretion, that a) any Third-Party Service materially compromises or degrades the performance of the Platform; or b) the integration of such Third-Party Service raises issues relating to Applicable Law or could otherwise be detrimental to the legal standing or reputation of TrafficInsigh of its Affiliates, it may suspend or terminate the integration of such Third-Party Service.

1.6 We reserve the right to access Your Account, the information that You have provided and the Data You have stored with Us for support, maintenance and servicing purposes or for any security-related, technical or billing reasons.

2. Proprietary Rights

2.1 Intellectual Property Rights. Except as otherwise stated in this Agreement, all rights, titles, and interest in Our Site and/or the Platform and any content and Intellectual Property Rights contained in Our Site, the Platform or the content (including any machine learning algorithms output by the Platform) is the exclusive property of TrafficInsigh and/or its Affiliates or licensors. Unless otherwise specified, the Platform is for Your limited use only and if You copy or download any information from this Site and/or Platform, You agree that You will not remove or obscure any copyright or other notices contained in any such information.

2.2 Data. Data processed through the use of the Platform is and will remain, owned by You.  You hereby grant Us and Our Affiliates a limited, revocable, non-exclusive, non-sublicensable, worldwide, royalty-free, right and license to process, transmit and use the Data and any Intellectual Property Rights in such Data solely to the extent necessary to perform its obligations under this Agreement during the Term. 

2.3 Feedback.  You may from time to time provide recommendations, suggestions, or other feedback for enhancements or functionality to Us and our Affiliates with respect to the Platform (“Feedback”). To the extent You provide Feedback, You grant to Us and our Affiliates a royalty-free, fully paid, sub-licensable, transferable, non-exclusive, irrevocable, perpetual, worldwide right and license to make, use, sell, offer for sale, import, and otherwise exploit Feedback (including by incorporation of such feedback into the Platform) without restriction. You will ensure that: (a) Feedback does not identify You, Your Affiliates, or users, or include any Data; and (b) Customer has obtained requisite authorization from any User or other third party to grant the license described in this Agreement. For the avoidance of doubt, Feedback does not constitute Customer Confidential Information.

3. Subscription Term and Payment

3.1 We offer several different subscription plans for Our Platform (the “Subscription Plan”). Information about Our Subscription Plans can be found on Our Site. Unless otherwise required by Applicable Law and subject to the requirements of Applicable Law, Fees quoted on Our Site do not include taxes that may be applicable in Your jurisdiction. You are responsible for paying all taxes in connection with the purchase of any Platform. For additional information on Our Subscription Plans and for Platforms with our Affiliates, please Contact Us. You may upgrade or downgrade Your Subscription at any time during Your Subscription Term, upon which We will apply the respective fees on a pro-rata basis. Any failure or delay to issue or deliver an invoice will not excuse Your payment obligations. 

3.2 Renewal Term: Unless the owner of Your Account upgrades or downgrades Your Subscription Plan, You will be enrolled into an automatic renewing cycle for the same term at the conclusion of the Subscription Term (the “Renewal Term” and together with the Subscription Term, the “Term”). This applies to all Subscription Plans involving payment including monthly and annual renewals. For all Subscription Plans or Order Forms with a term of one year or more, You agree to give written notice to Us to terminate the Order Form not less than thirty (30) days before the end of the Term. Termination of any Order Form shall leave other Order Forms unaffected; termination of this Agreement shall terminate any existing Order Forms.

4. Termination

4.1 Either You or TrafficInsigh may terminate this Agreement or an Order Form for cause as a result of a material breach by the other party of this Agreement if the defaulting party fails to cure such material breach within thirty (30) calendar days of its receipt of written notice of the breach from the non-defaulting party. In addition, We may immediately terminate this Agreement if You do not pay the fees when due in accordance with Your Subscription Plan.

4.2 In the event this Agreement is properly terminated pursuant to Section 4.1, You will be entitled to a pro-rata refund of all fees previously advanced to Us from the date of the termination through the end of the Subscription Term.

4.3 You may terminate this Agreement by downgrading the Subscription Plan associated with Your Account to Our free plan, during or by the end of Your Subscription Term or Renewal Term. For all Subscription Plans or Order Forms with a committed term including an annual subscription , all fees are nonrefundable and non excusable except if you properly terminate under Section 4.1. TrafficInsigh may suspend and/or terminate Your right to use the Site and/or Platform with or without cause at any time. TrafficInsigh will notify You via email to Your registered email account if We terminate Your Account.

4.4 Your obligation to pay accrued charges and fees accrued up to the date of termination will survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on Your use of the Platform outlined in this Agreement will survive such termination.

5. Access to Your Data

5.1 TrafficInsigh commits to securely storing Your Data in accordance with the time frames corresponding to each Subscription Plan. All Data exceeding the stated timeframe will be automatically deleted from Our systems. You expressly acknowledge and accept that TrafficInsigh does not provide any archiving or backup services, and may delete Data that is no longer in use and exceeds the timeframes stipulated in the applicable Subscription Plan.

5.2 In the course of providing its Platform to You, TrafficInsigh will have access to some of Your Data. All rights, title, and interest in the Data is Your exclusive property, except as otherwise provided for throughout this Agreement.

5.3 Except as otherwise stated in this Agreement, TrafficInsigh will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any of Your Data, except for the purposes of the provision of the Platform an in accordance with this Agreement, without any further prior need of approval or consent from You.

5.4 You grant TrafficInsigh and its Affiliates a non-exclusive, perpetual, worldwide, royalty-free, right and license to (i) compile and use Data, strictly in order to research, develop, modify, improve or support the services provided by TrafficInsigh and its Affiliates; (ii) use Data in an anonymous or aggregated form where no such information could directly identify or will reasonably be used to identify You, Your users or visitors, for benchmarking or machine learning purposes; and (iii) collect and use data, information, or insights generated or derived from the use of the Platform for its business purposes, including industry analysis, analytics, marketing, and developing, training and improving its products and services. In no event will TrafficInsigh or its Affiliates sell Data to third parties for any marketing or advertising purposes whatsoever. 

6. Refund Policy

6.1 We want you to be happy with Hotjar and love your plan. We provide new customers with a 7-day money-back guarantee when they sign up for a new subscription. More information on this can be found below.

7-day money-back guarantee

If you’re a new TrafficInsigh customer and you are within the first 7 days of starting a new monthly or annual subscription, you’ll receive a full refund.

In order to receive a full refund, the Account Owner must submit a cancellation within the app before the renewal date. If the Account owner does not cancel before the renewal date, a refund will not be provided.

To cancel, the Account Owner can contact us to request a refund.