Terms of service.

1. Parties & acceptance

These Terms of Service ("Terms") form a binding agreement between Nineties Engineering OÜ, a private limited company registered in Estonia (registry code 16206643) with its registered address at Sepapaja 6, 15551 Tallinn, Estonia ("kindstats", "we"), and the person or organisation creating an account ("you", "customer"). By signing up, embedding our tracker, or otherwise using the service, you agree to these Terms.

2. The service

kindstats provides a privacy-friendly, cookieless web analytics service. The service includes this website, the tracker script, analytics dashboards and API. We may add, modify or retire individual features over time, but we will not materially reduce the core analytics functionality of any plan you are currently on without notice.

3. Your account

• You must be at least 16 years old and able to enter into contracts in your jurisdiction.
• You are responsible for everything that happens under your account, including the actions of any team members you invite.
• Keep your credentials confidential. Tell us promptly if you suspect they've been compromised.
• You must give us accurate billing information and keep it up to date.

4. Acceptable use

You may not use kindstats to:

• Track individuals across different sites or different devices. We don't support this technically; you must not try to build it on top of us either.
• Process special-category personal data as defined in Art. 9 GDPR. This includes data about racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic and biometric data, or data concerning a natural person's sex life or sexual orientation.
• Collect data from sites you do not own or are not authorised to measure.
• Send us events at a volume or rate clearly designed to disrupt the service.

5. Free trial

We offer a 30-day free trial. When the trial ends, access to dashboards is locked until you subscribe to a paid plan. Event ingestion may continue while access is locked. We may end or restrict free trials at any time.

You may not create multiple accounts for yourself or your organisation to restart or extend the trial.

6. Fees, billing & refunds

Plan prices and pageview allowances are listed on our pricing page. Subscriptions are billed in advance, monthly or annually, through Creem, our merchant of record. Creem is the seller of record for subscription purchases and handles payments and applicable taxes. Prices are in EUR and exclude VAT, which is added where required. Monthly pageview allowances do not roll over; unused volume expires at the end of each period.

If you exceed your plan's monthly pageview allowance for two consecutive months, we will email you and ask you to move to a plan that fits your traffic. If you don't upgrade, additional pageviews may stop counting once you reach your plan's limit. We never silently overage-bill mid-cycle or move you to a higher plan without asking.

If a payment fails, we will notify you by email and allow a reasonable period to settle the outstanding amount. If payment remains outstanding for more than 30 days, we may suspend access to your dashboards (including any public dashboards you have shared) and, at our discretion, event collection for your sites, until the balance is settled in full. Data already collected is retained, but events are not recorded while collection is suspended. Access and collection resume once payment is received.

We may increase the price of your plan at most once per calendar year, and by no more than 15%. We will email you at least 30 days in advance, and the new price takes effect at your next billing period, never mid-cycle and never pro-rated. If you don't accept the increase, you can cancel before it takes effect.

You can cancel any time from the billing page. Cancellation takes effect at the end of the current billing period.

7. Customer data & the DPA

You retain ownership of all data you or your visitors send to kindstats. We process that data on your behalf as a processor, on the terms set out in our Data Processing Agreement, which is incorporated into these Terms by reference. If there is a conflict, the DPA controls for matters of personal-data processing.

Analytics data is retained for 36 months from collection, subject to earlier deletion at your request or following termination.

8. Suspension & termination

We may suspend or terminate your account if you materially breach these Terms, fail to pay an invoice after a reminder, or use the service in a way that creates legal risk for us or other customers. Except in cases of clear abuse, we will give you reasonable notice and a chance to cure first.

On termination, we will delete your data from production systems after 30 days. Backups are erased on their normal rotation (≤ 30 days).

9. Warranty disclaimer

The service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free.

Neither party is liable for failure or delay caused by events beyond its reasonable control, including infrastructure or upstream-provider outages, network failures, power failures, cyberattacks and natural disasters. This does not excuse payment obligations for service already delivered.

10. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or goodwill, even if advised of the possibility. Each party's aggregate liability for any claim arising from these Terms is limited to the fees paid by you in the twelve months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, for fraud, or under mandatory consumer-protection law.

11. Indemnity

You will indemnify us against third-party claims, and reasonable costs of defending them, to the extent they arise from your breach of section 4 (acceptable use) or your violation of applicable law, for example, tracking sites you are not authorised to instrument or sending us data you had no right to collect.

12. Sanctions & export controls

The service may be subject to economic-sanctions and export-control laws of the European Union and the United Nations. By using the service, you represent and warrant that:

• you are not subject to EU or UN economic sanctions or export-control restrictions;
• you are not affiliated with, or acting on behalf of, any person, group, business, government or other entity subject to such sanctions or restrictions; and
• you are not located in, or a national or resident of, any jurisdiction subject to comprehensive EU or UN sanctions. This includes, but is not limited to, Iran, North Korea, Syria and the Crimea region.

13. Changes to these terms

We may update these Terms from time to time. We will email account administrators about material changes at least 30 days before they take effect. If you don't accept the changes, you can cancel before they take effect and receive a pro-rata refund of any prepaid fees.

14. General

If any provision of these Terms is found invalid, the rest remains in effect. We may assign these Terms as part of a merger, acquisition or sale of assets; you may not assign them without our written consent. These Terms, together with the DPA and your plan selection, are the entire agreement between us regarding the service. If we don't enforce a provision, we are not waiving it.

15. Governing law & disputes

These Terms are governed by the laws of the Republic of Estonia. Any dispute that cannot be resolved by good-faith discussion will be submitted to the exclusive jurisdiction of the Harju County Court in Tallinn, Estonia. If you are a consumer in the EU, you retain the protections of the mandatory law of your country of residence.