Terms of Service

Who this agreement is between.

"Candler", "we" and "us" mean Candler Analytics, 3278 Deer Ln, Kirbyville, MO 65679. "You" means the business or organization that opens a Candler account. The person who creates the account confirms they're allowed to accept these terms for that business.

Candler is for businesses. Don't sign up as a consumer, and don't sign up if you're under 18.

These terms include the Acceptable Use Policy and the Data Processing Addendum. Together they're the whole agreement. The Privacy Policy explains how we handle information about you and your team. It isn't part of the contract.

You accept these terms by creating an account, by paying for a plan, or by using Candler.

What Candler is.

Candler is a hosted analytics service for websites and online stores. It includes session replay, Watch Live, heatmaps, rage and dead clicks, funnels, cart and order tracking, visitor profiles, exports and the reporting API (together, "the Service"). It also includes the tracking script, the recorder and the WordPress plugin that send data to it ("the Software").

We improve Candler all the time, so features change. If we remove a major feature from a plan you're paying for, we'll email the account owners at least 30 days first. If you're on a yearly plan, you can then cancel and get back the unused part of what you paid.

Anything we label beta or preview is offered as it is. It may change or be withdrawn without notice.

Your account and your team.

• Give us accurate details and keep the owner's email address working. Billing, security and legal notices go there.
• Owners run the account: they invite people, set roles and manage the plan. You're responsible for everything done under your account, by anyone you let in.
• Keep passwords, API keys and server keys secret. If you think someone got into your account, email hello@candleranalytics.com straight away.
• One free account per business. Don't open extra accounts to get around a plan's limits.
• Agencies can run Candler on client sites. You're then responsible for having the client's permission, and for the client meeting the rules in Recording visitors.

Plans, limits and how long data is kept.

Each plan's limits are on the pricing page: recorded sessions, tracked visits, websites, team members, and how long recordings, click data and visit history are kept. Limits are counted per billing month.

• When you run out of recorded sessions, recording pauses until the next billing month. Page views, carts and orders keep counting.
• On Free, when you run out of tracked visits, tracking pauses until the next billing month.
• There are no overage charges. We never bill you for more than your plan's price.

Data older than your plan keeps is deleted automatically, about once an hour. If you move to a plan that keeps data for less time, including dropping to Free when a paid plan ends, anything older than the new plan's limits is deleted within about an hour and can't be recovered. Export what you want to keep first.

The Free plan is free. We can change its limits, or stop offering it, with 30 days' notice by email.

Paying for Candler.

• Paid plans are billed in advance, monthly or yearly, in US dollars. Payments are processed by Stripe. You authorize us, through Stripe, to charge your payment method at the start of every billing period until you cancel. Plans renew automatically.
• Prices don't include taxes. You pay any sales tax, VAT, GST or similar tax that applies, apart from taxes on our income.
• Plan changes take effect straight away and are prorated. Moving up, you pay the difference for the rest of the period. Moving down, the unused difference is credited to your next invoices. Credits can't be paid out as cash.
• We can change prices with at least 30 days' notice by email. A new price applies from your next renewal after the notice period.
• If a payment fails, Stripe tries again over the following days and you keep your plan while it does. If the payment still fails, the subscription ends and the account moves to Free.
• If you think we charged you wrongly, tell us within 60 days of the charge.

Cancelling and refunds.

You can cancel any time under Settings, Plan, Manage billing. Cancelling stops the next renewal. You keep your plan until the end of the period you've paid for, and then the account moves to Free, where Free's limits and data retention apply.

We don't refund partial months or unused time, except in these cases:

• Your first yearly payment. Ask within 14 days of it and we'll refund it in full.
• Mistakes. A duplicate charge, or a charge after you cancelled, is refunded in full.
• Our changes. If we end your paid plan without cause, remove a major feature, or change these terms in a way you don't accept, we refund the prepaid time you won't use.
• Where the law says so.

To ask for a refund, email hello@candleranalytics.com from the account owner's address. Refunds go back to the original payment method and usually arrive within 5 to 10 business days.

Your data.

"Customer Data" means everything the Service collects from your websites or that your team puts into it: visits, recordings, clicks, orders, visitor details, notes and settings.

• You own Customer Data. You let us host, copy, process and show it only to run the Service for you, keep it secure and fix problems, as the Data Processing Addendum sets out.
• We don't sell Customer Data, use it for advertising, use it to build profiles of people across other customers' sites, or use it to train AI models.
• We may use anonymous, aggregated figures about how the Service runs, such as events processed or how fast the tracker loads. They never identify you, your store or anyone who visits it.
• While your account is open, you can export visit journeys and pull reports through the API.
• When your account closes, we delete Customer Data within 30 days. Copies in backups are gone within a further 30 days.

Recording visitors is your call and your responsibility.

You choose which sites Candler runs on and how it's set up. For the personal data it collects, you're the controller (or "business") and we're your processor (or "service provider"). That means you're the one who has to meet privacy law toward your visitors. You agree to:

• Tell visitors. Every site running Candler needs a privacy policy that says you use session recording and analytics, what's collected, and that Candler is one of your providers. The cookies page has wording you can adapt.
• Get consent where it's required. In the EU, the UK and elsewhere, analytics cookies need consent before they're set. Some US laws, including wiretapping and eavesdropping laws such as California's Invasion of Privacy Act, have been used against websites that record visits without clear notice or consent. Candler has a consent mode that waits for a visitor's yes. Whether you need it, and wiring it up, is up to you.
• Keep sensitive data out. Keep Candler's masking defaults, or replace them with settings at least as protective. Mask or block any other part of your pages that shows personal or sensitive information. Follow the Acceptable Use Policy on what must never be recorded.
• Only record sites you control. Or sites whose owner has authorized you.
• Handle visitor requests. Honor opt-outs and requests to see or delete data. Owners and admins can delete everything held about one visitor from their profile page.

We're not responsible for what you choose to collect, or for whether your notices and consent meet the law where you and your visitors are.

Using Candler fairly.

Follow the Acceptable Use Policy. In short: don't copy, resell or reverse engineer the Service except where the law allows it regardless, don't try to get around limits or security, don't overload it, and don't use it to build a competing product. The reporting API has rate limits, and we can change them as the Service grows.

What's ours.

We own the Service, the Software, the documentation and the Candler name and logo. While your account is active, you have a non-exclusive, non-transferable right to use them for your own business, under these terms.

The WordPress plugin is released under the GNU General Public License, version 2 or later. That license, not this section, governs the plugin's code.

If you send us ideas or feedback, we can use them without owing you anything.

Keeping each other's information confidential.

Each of us will keep the other's non-public business information confidential, use it only for this agreement, and protect it with at least reasonable care. This doesn't cover information that's public through no fault of the receiver, was already known to it, was independently developed, or was rightfully received from someone else. Either of us can disclose information when the law requires, after telling the other where the law allows. Customer Data is covered by the Data Processing Addendum as well.

Security and availability.

We protect the Service and Customer Data with the measures described in the Data Processing Addendum. Candler runs on servers in Germany. The subprocessors page lists the companies involved.

We work to keep Candler running and do planned maintenance at quiet times, but we don't guarantee any level of uptime. The tracker is built to fail quietly: if Candler is down, your website keeps working, but visits and events during the outage may not be recorded.

When we can suspend an account.

We can suspend all or part of an account if it breaks the Acceptable Use Policy, if its use threatens the security or stability of the Service or of other customers, or if the law requires it. We'll give notice first where we reasonably can, and restore access once the problem is fixed.

Ending the agreement.

• You can end it any time. Cancel any paid plan, then email hello@candleranalytics.com from the owner's address and ask us to close the account.
• We can end it if you seriously break these terms and don't fix it within 15 days of our notice, or straight away for illegal use or a serious breach of the Acceptable Use Policy. We can also end it for any other reason with 60 days' notice, and then refund the prepaid time you won't use.
• We can close a Free account that has had no tracked visits and no sign-ins for 12 months, after emailing the owner 30 days ahead.

When the agreement ends, access stops and Customer Data is deleted as described in Your data. Anything that by its nature should last beyond the end does, including fees owed, ownership, confidentiality, the disclaimers, the limits on liability, your indemnity and how disputes are handled.

What we promise, and what we don't.

We promise the Service will work substantially as our documentation describes, and that we'll provide it with reasonable care and skill. If it doesn't, tell us. We'll work to fix it, and if we can't within 30 days, you can cancel and get back the prepaid time you won't use. That's your remedy for a breach of this promise.

Apart from that promise, the Service and the Software are provided "as is" and "as available". As far as the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and that the Service will be uninterrupted, error-free or record every visit, event or order.

Analytics is measurement, and measurement has gaps. Ad blockers, browser privacy features, consent choices and network failures all mean some visits and events won't reach Candler. Don't use Candler as your record of sales, tax or accounts.

Limits on liability.

Neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, sales, goodwill or data, even if told they were possible.

Each side's total liability arising from this agreement is limited to the amount you paid us in the 12 months before the event that caused the claim, or US$100 if you paid nothing.

These limits don't apply to your obligation to pay fees, to your indemnity in the next section, to fraud, gross negligence or willful misconduct, or to anything the law doesn't allow to be limited.

If someone makes a claim against us over your data.

You'll defend us and pay the costs, damages and reasonable legal fees that result from any claim by a third party, including your visitors, a regulator or a class of plaintiffs, that comes from:

• data you collected with Candler, including a claim that you didn't give notice or get consent the law required, under privacy, wiretapping, eavesdropping or similar laws;
• your breach of the Acceptable Use Policy; or
• the content of your websites.

We'll tell you promptly about the claim, let you control the defense, and help at your expense. You can't settle a claim in a way that admits fault for us or requires us to do something, without our written agreement.

Which law applies, and where disputes go.

The laws of the State of Missouri, USA, govern this agreement, without regard to its conflict of law rules. The state and federal courts located in Missouri have exclusive jurisdiction, and both of us consent to them. The UN Convention on Contracts for the International Sale of Goods doesn't apply.

Before either of us goes to court, we'll try to settle the dispute in good faith by email for at least 30 days. Either side can still go to court at any time for urgent relief to protect its intellectual property or confidential information.

Changes to these terms.

We may update these terms. For a change that matters, we'll email account owners and post the new version at least 30 days before it takes effect. If you don't accept it, cancel before then. If you're on a yearly plan and cancel because of the change, we'll refund the prepaid time you won't use. Using Candler after the change takes effect means you accept it. Small fixes, such as clearer wording, take effect when they're posted.

The rest of the fine print.

• Order of priority. If these terms and the Data Processing Addendum conflict on data protection, the addendum wins.
• Transfer. Neither of us can transfer this agreement without the other's consent, except to a company taking over all or most of the business or assets involved, with notice.
• Events outside our control. Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as outages at providers, internet failures, natural disasters or government action. This doesn't excuse paying fees.
• Notices. We send notices by email to the account owners or in the dashboard. Send notices to us at hello@candleranalytics.com. Legal notices also go by mail to 3278 Deer Ln, Kirbyville, MO 65679.
• Sanctions. You confirm you're not located in a country under a US embargo and not on a US sanctions list, and you won't use Candler in breach of export or sanctions laws.
• Publicity. We won't name you as a customer without your permission.
• Everything else. We're independent contractors. Nobody else has rights under this agreement. Not enforcing a term isn't a waiver of it. If a court finds part of these terms unenforceable, the rest still applies. Headings are for convenience only.

How to reach us.

Email hello@candleranalytics.com, or write to Candler Analytics, 3278 Deer Ln, Kirbyville, MO 65679.