Terms of Service
This is the agreement between you and KAMKR LLC for using DataStated. Using the service means you accept it.
The service
DataStated is website analytics. You install a tag on a site you control, and we show you the traffic and revenue your own site recorded, next to what connected advertising platforms claim they produced.
Your account
You need an account, and you are responsible for what happens under it, including keeping your password to yourself. Tell us promptly if you think someone else has access. You must be old enough to enter a contract where you live.
If you invite other people to a site, you are responsible for what they do with that access.
Sites you may measure
You may only add a site you own or are authorised to act for. Adding a domain you do not control is a breach of these terms and we will remove it.
You are responsible for the legal side of measuring your own visitors: telling them what you collect, obtaining consent where the law requires it, and keeping your own privacy policy accurate. For visitor data you are the controller and we are the processor.
What you may not do
- Send events for a site you do not control
- Send us personal information about your visitors through goal names, paths, or any other field. The service is not built to hold it
- Attempt to break, overload, or work around the limits on our servers
- Resell the service as your own without a written agreement
- Use it to do anything illegal
What the numbers are, and are not
Figures labelled as recorded by your site come from a tag running in your visitors' browsers. Ad blockers, privacy settings, network failures and disabled JavaScript all cause undercounting. Figures attributed to an advertising platform come from that platform's own reporting and use its own attribution rules, which we do not control and cannot audit.
None of it is an accounting record. Do not use DataStated for tax filings, financial statements, statutory reporting, or as the basis of a dispute with an advertising platform. Use your payment processor and your books for that. Numbers marked as examples in the interface are demonstration data and are not yours.
Availability
We make no uptime guarantee. The service is provided as it is. We will try to keep it running and to give notice before planned downtime, but you should not build anything that breaks when we are unavailable.
Fees
Paid plans are billed in advance for the period shown at checkout. Fees are not refundable except where the law requires it. You can cancel at any time and keep access until the end of the period you have paid for. We will give at least 30 days notice by email before any price change affecting you.
Plan limits
Each plan includes a monthly number of events. An event is one thing a person does on a site you measure: a page they view, a goal they hit, an order they place. If a month uses up the plan's included events, recording continues up to an abuse ceiling set above each plan's allowance, and nothing is deleted; past the ceiling new events are declined until the month rolls over or you upgrade. The dashboard shows data up to the allowance until you move to a bigger plan, and the newer days appear when you do.
Your data
Your data stays yours. We do not sell it and we do not use your visitor data for our own purposes. On request we will provide a full copy of your data, or delete it. Handling is described in the Privacy policy, which forms part of these terms, as does the Data Processing Agreement, which applies to every customer automatically.
You grant us only the permission needed to run the service: to store, process and display your data back to you and to the people you give access.
Third-party platforms
When you connect a platform such as Google Ads, Meta, Shopify or Stripe, you authorise us to read data from it on your behalf. Those platforms are not ours: their terms govern their own services, and we are not responsible for their accuracy, availability, or for changes they make to what they let us read.
Our software
The DataStated name, interface and code belong to KAMKR LLC, except where a licence file in the source says otherwise. Parts of the system may be published under an open-source licence; where that is the case, that licence governs that code.
Ending it
You can close your account whenever you like. We may suspend or close an account that breaches these terms, and we will explain why unless the law prevents us. On closure the sites only you own are deleted with the account; a site with other owners stays with them. Export anything you want to keep first.
No warranty
The service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that it will be uninterrupted, error-free, or that the figures it shows are complete or accurate.
Limit of liability
To the maximum extent the law allows, KAMKR LLC is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim is limited to the greater of the fees you paid us in the 12 months before the claim, or 100 US dollars.
Some jurisdictions do not allow these limits, in which case they apply only as far as permitted. These limits are part of the basis of the bargain: the service is priced the way it is because the risk is divided the way it is.
Indemnification
If your use of the service breaks these terms or the law, and someone brings a claim against KAMKR LLC because of it, you agree to cover the costs of dealing with that claim, including reasonable legal fees. An example: adding a site you do not control, and its owner coming after us.
Events beyond our control
Neither of us is responsible for failing to perform because of something genuinely outside our control: hosting or network outages, natural disasters, war, or acts of government. Your obligation to pay for service already delivered is not excused by this section.
Changes to these terms
We may update these terms. For material changes we will email account holders at least 30 days beforehand. Continuing to use the service after a change means you accept it. The date at the top always reflects the current version.
Governing law
These terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules. Disputes go to the state or federal courts located in Orange County, California, and both sides consent to that venue.
The boring but important part
If a court finds any part of these terms unenforceable, the rest stays in force. If we do not enforce a part of them today, we can still enforce it later. These terms, together with the privacy policy, are the whole agreement between you and KAMKR LLC about the service, and they replace anything said elsewhere. You may not transfer this agreement to someone else without our consent; we may transfer it as part of a sale or reorganisation of the business, and your rights under it survive that.
Questions about these terms? Email us at legal@datastated.com.