Terms & Conditions

1) Definitions

• Account: Your registered account on the ClickPattern platform.
• User, you, or your: The person or entity using the Services.
• Services: ClickPattern's web-based tracking, analytics, campaign management tools, and related features.
• Content: Data, reports, metrics, configuration settings, and materials you submit to or generate via the Services.
• Customer Data: Any data (including tracking/campaign data) that you provide to or is processed by the Services for you.
• Third‑Party Tools: Optional integrations, APIs, or external services you connect to ClickPattern.
• Documentation: Usage guides, policies, data processing addenda, and related materials we provide.

2) Acceptance & Eligibility

By accessing or using the Services, you agree to these Terms. You must be at least 18 years old and have the authority to enter into a binding agreement. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" means the organization.

3) Account Registration & Security

• You agree to provide accurate, current, and complete information during registration and to keep it updated.
• You are responsible for safeguarding your credentials and for all activities under your Account.
• You must promptly notify us of any unauthorized use or security incident.

4) License & Permitted Use

Subject to these Terms and payment of applicable fees, ClickPattern grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes. You shall not:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services.
• Circumvent or interfere with security or access controls.
• Resell, sublicense, lease, or distribute the Services to third parties.
• Use the Services in violation of applicable laws or regulations.

5) Customer Data & Processing

• Ownership: You retain all rights to Customer Data.
• License to ClickPattern: You grant us a limited license to host, store, process, transmit, and analyze Customer Data to provide, maintain, protect, and improve the Services.
• Role: For campaign/tracking data, we generally act as your data processor under applicable laws. See our Data Processing Addendum.
• Compliance: You represent that you have obtained all necessary rights, consents, and lawful bases for processing Customer Data via the Services.
• Aggregated/Anonymized Data: We may generate and use aggregated or anonymized data for analytics and product improvement, provided it does not identify you or your End Users.

6) Fees, Billing & Taxes

• Fees are as described on our pricing page, order form, or applicable agreement, and are due as stated therein.
• All fees are non-refundable except as required by law.
• Late or unpaid amounts may result in suspension or termination of the Services.
• You are responsible for all applicable taxes, levies, and duties (excluding our income taxes).

7) Intellectual Property

The Services, software, documentation, and branding are owned by ClickPattern or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you. You may not remove or alter any copyright, trademark, or proprietary notices.

8) Acceptable Use & Restrictions

• Do not upload malicious code, viruses, or harmful materials to or through the Services.
• Do not interfere with, disrupt, or negatively affect other users' use of the Services or the networks connected to the Services.
• Do not use the Services to send unsolicited or unauthorized advertising or spam.
• Do not attempt unauthorized access to the Services or related systems.
• Comply with all applicable laws (including privacy, data protection, and export control regulations).

9) Term, Suspension & Termination

• Term: The Term starts when you create an Account and continues until cancelled or terminated.
• Suspension/Termination: We may suspend or terminate the Services for violations of these Terms, legal requirements, or non-payment.
• Effect: Upon termination, your access ceases and we may delete or anonymize your data according to our retention policy and applicable law.
• Survival: Sections relating to fees, IP, confidentiality, disclaimers, liability, and indemnity survive termination.

10) Disclaimers & Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY STATED, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

11) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLICKPATTERN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IN ANY 12-MONTH PERIOD SHALL NOT EXCEED THE FEES PAID BY YOU TO CLICKPATTERN FOR THE SERVICES IN THAT PERIOD.

12) Indemnification

You agree to indemnify, defend, and hold harmless ClickPattern and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your: (a) use of the Services in violation of these Terms or applicable laws; (b) Customer Data or Content; or (c) breach of your representations or obligations.

13) Confidentiality

Each party will protect the other party's non-public information designated as confidential or reasonably understood to be confidential. Confidential Information does not include information that is publicly available, independently developed without use of the other party's information, or rightfully received from a third party without confidentiality obligations.

14) Compliance & Export Controls

You agree to comply with applicable laws, including privacy and data protection laws. You shall not use the Services in any jurisdiction or by any person prohibited by export control laws and regulations.

15) Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware to resolve any dispute arising from these Terms.

16) Changes to Terms

We may modify these Terms from time to time. For material changes, we will provide notice (e.g., by email or in-product notification). Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

17) Miscellaneous

• Entire Agreement: These Terms, along with any order forms and referenced policies (e.g., Privacy Policy, DPA), constitute the entire agreement.
• Assignment: You may not assign or transfer these Terms without our prior written consent; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Severability: If any provision is held invalid, the remainder will remain in effect.
• No Waiver: Failure to enforce a right is not a waiver.
• Force Majeure: Neither party is liable for delays or failures due to events beyond reasonable control.
• Notices: We may provide notices via email, in-product messages, or by posting to our Site.

18) Contact

Email: legal@clickpattern.com