Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and Uplink Sites (“we”, “us”, “our”) and govern your use of the Uplink Analytics service (the “Service”). By creating an account or using the Service you confirm that you have read, understood, and agree to these Terms.

You must be at least 18 years old and, if signing up on behalf of an organisation, have authority to bind that organisation to these Terms.

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us promptly at support@uplinksites.net of any unauthorised access. One account per customer; sharing a single account between multiple individuals or organisations is not permitted outside our team/seats features on eligible plans.

Uplink Analytics is a privacy-focused website analytics platform. We provide a tracking script that you embed on your own websites and a dashboard at analytics.uplinksites.net that reports aggregate visitor data.

We offer a free tier and paid tiers. Tier limits (number of tracked websites, feature availability, data retention, traffic allowances) are published on our pricing page and may change from time to time with notice.

We may modify, suspend, or discontinue features. Where a change materially reduces paid-tier functionality we will give you at least 30 days' notice.

You must not use the Service to:

• violate any law or the rights of any person;
• send us spam, malware, or content intended to harm our systems or other users;
• attempt to reverse-engineer, resell, or white-label the Service without our written permission;
• use the Service to conduct security testing of our infrastructure without prior written authorisation;
• circumvent tier limits, traffic allowances, or billing.

Critically, you must not send us personal data about your website visitors.

Uplink Analytics is designed to be an anonymous, aggregate analytics service. You must not transmit to us — through custom events, URLs, event properties, or any other mechanism — any personal data about your visitors, including but not limited to names, email addresses, postal addresses, phone numbers, account identifiers, credit-card or payment information, government identifiers, health information, or other data that identifies or could reasonably be used to identify an individual.

If you breach this clause we may, without liability, remove the offending data, suspend or terminate your account, and require an indemnity under section 10.

You — not us — are the controller of the personal data of your website visitors, including decisions about what to track and why. You represent and warrant that:

• you have provided your visitors with all notices required by applicable law (including the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles, the UK GDPR, the EU GDPR, the ePrivacy Directive and implementing laws, CCPA/CPRA, and any other applicable data-protection or consumer-protection law);
• you have obtained any consents required by applicable law for the processing carried out via the Service;
• your use of the Service is lawful in the jurisdictions in which you and your visitors are located.

Our Data Processing Agreement, available at /analytics/dpa, is incorporated into these Terms by reference and governs our role as a processor of visitor data on your behalf.

• Paid subscriptions auto-renew at the end of each billing period (monthly or annual) until cancelled.
• Fees are billed in advance via Stripe, in the currency displayed at checkout, exclusive of applicable taxes (which we will add where required).
• You can cancel at any time from your account. Cancellation takes effect at the end of the current billing period; we do not provide prorated refunds for partial periods.
• We may change our prices with at least 30 days' notice by email; changes take effect at your next renewal.
• If a payment fails, we will attempt to recover it and may downgrade your account to the free tier if payment remains unresolved after 14 days.
• Fees are non-refundable except where required by law.

The free tier is provided as-is. We may change, reduce, or withdraw the free tier with reasonable notice. Free-tier accounts inactive for more than 180 days may be closed.

As between you and us, you own the data you collect via the Service. You grant us a non-exclusive, worldwide, royalty-free licence to process that data solely to the extent necessary to provide and improve the Service and to comply with legal obligations.

On termination of your account, we will delete your visitor data within 90 days, except where retention is required by law. You may export your data at any time before termination using the Service's export functionality.

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or meet your specific requirements, and we do not guarantee any particular uptime.

To the fullest extent permitted by law:

• neither party will be liable for any indirect, incidental, special, consequential, or exemplary damages, or for lost profits, lost revenues, lost data, or business interruption, arising out of or in connection with these Terms, however caused;
• our total aggregate liability to you under or in connection with these Terms will not exceed the fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim, or A$200 (whichever is greater).

Nothing in these Terms limits liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

You indemnify us against all losses, damages, fines, penalties, and reasonable legal costs arising out of or in connection with:

• your breach of section 4 (acceptable use, no-personal-data rule);
• your breach of section 5 (your obligations to your website visitors);
• any claim by a website visitor, regulator, or third party arising from content on your website or data you have caused to be collected via the Service.

We indemnify you against reasonable legal costs and damages awarded against you by a court of competent jurisdiction arising from a claim that your authorised use of the Service infringes a third party's intellectual property rights, provided you notify us promptly, give us sole control of the defence, and reasonably co-operate.

These Terms apply while you have an account with us. Either party may terminate for material breach by the other if the breach is not cured within 30 days of written notice. We may suspend or terminate your account immediately for:

• breach of section 4 or section 5;
• non-payment of fees for more than 14 days;
• use of the Service that poses a risk to our systems or other users.

Sections 8 (last paragraph), 9, 10, 11, 13, 14, and 15 survive termination.

We may update these Terms from time to time. Material changes will be notified to you by email at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree you should stop using the Service and cancel your subscription.

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia, except that we retain the right to bring proceedings for infringement of our intellectual property in any competent jurisdiction.

Nothing in these Terms excludes, restricts, or modifies any right, guarantee, or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) where that statute applies and cannot be excluded.

• Entire agreement: these Terms (together with the Privacy Policy and DPA) are the entire agreement between us and supersede any prior discussions.
• Assignment: you may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Severability: if any provision is held unenforceable, the remaining provisions remain in full force.
• Waiver: failure to enforce a provision does not waive our right to enforce it later.
• Force majeure: neither party is liable for delay or failure caused by events beyond reasonable control.
• Notices: notices to us must be sent to support@uplinksites.net. Notices to you will be sent to the email address on your account.
• No third-party rights: the Contracts (Rights of Third Parties) Act 1999 does not apply.

Questions about these Terms? Email support@uplinksites.net.