Terms of Service

Welcome to Silent Analysis. These Terms of Service ("Terms") govern your access to and use of the Silent Analysis web analytics platform and related services (collectively, the "Service"), operated by Neuvelia Spółka z ograniczoną odpowiedzialnością ("Neuvelia," "we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

1. Description of Service

Silent Analysis provides privacy-first web analytics services that allow you to track website traffic without collecting personal data or using cookies. Our Service is designed to be fully compliant with:

• GDPR (General Data Protection Regulation)
• ePrivacy Directive (EU Cookie Law)
• CCPA (California Consumer Privacy Act)
• Polish Act on Protection of Personal Data

The Service includes:

• Lightweight tracking script (< 1KB, no cookies)
• Real-time analytics dashboard
• Traffic source attribution
• Device, browser, and geographic analytics (country-level only)
• Custom event tracking (Growth plan and above)
• Team collaboration features
• CSV/JSON data export
• Email reports (daily/weekly)

Silent Analysis does NOT collect, store, or process personal data. All data is anonymized and aggregated at the point of collection. We do not use cookies, fingerprinting, cross-site tracking, or any invasive surveillance technologies.

2. Eligibility

The Service is available to individuals and businesses worldwide. By using the Service, you represent and warrant that:

• You are at least 18 years old (or the age of majority in your jurisdiction)
• You have the legal capacity to enter into these Terms
• You own or have authorization to track the websites you add to our Service
• Your use complies with all applicable laws and regulations in your jurisdiction

We reserve the right to request verification at any time. Accounts found to be in violation will be immediately terminated.

3. Subscription Plans and Pricing

3.1 Available Plans

Silent Analysis offers the following subscription plans:

Free Plan ($0/month)

• 1 website
• 10,000 pageviews per month
• 7-day data retention
• Weekly email reports
• Community support (48-hour response)

Starter Plan ($5/month)

• 3 websites
• 50,000 pageviews per month
• 24-month data retention
• Daily email reports
• CSV export functionality
• Email support (24-hour response)

Growth Plan ($12/month)

• 5 websites
• 150,000 pageviews per month
• 60-month (5 years) data retention
• Custom event tracking
• Team access for up to 3 members
• Priority email support (12-hour response)
• API access (beta)

Agency Plan ($29/month)

• 10 websites
• 500,000 pageviews per month
• 60-month (5 years) data retention
• White-label reports
• Priority support (6-hour response time)
• Full API access
• Dedicated account manager (10+ sites)
• SSO/SAML (on request)

3.2 Pageview Overages

If you exceed your monthly pageview limit, we will notify you via email at 80% and 100% usage. Overages are billed at $1 per additional 10,000 pageviews. Overage charges are calculated at the end of your billing cycle and added to your next invoice.

3.3 Pricing and Taxes

• All prices are listed in USD (United States Dollars)
• Prices do not include Sales Tax or VAT. Applicable taxes will be calculated and added at checkout based on your billing location
• For EU customers, VAT will be added unless you provide a valid VAT ID (reverse charge mechanism for B2B transactions)
• We reserve the right to change pricing with at least 30 days' advance notice via email

4. Billing and Payment

4.1 Automatic Renewal

All paid subscription plans are billed on a recurring monthly basis. Your subscription will automatically renew at the end of each billing period unless you cancel it at least 24 hours before the renewal date. You authorize us to charge your payment method on file for each renewal period.

4.2 Payment Methods

We accept major credit cards (Visa, Mastercard, American Express) and debit cards through our payment processor Stripe, Inc. All payments are processed securely using industry-standard encryption. We do not store your full card details on our servers. Payment data is handled in compliance with PCI-DSS standards.

4.3 Failed Payments

If a payment fails, we will:

• Retry the charge up to 3 times over 7 days
• Send you email notifications about the failed payment
• Suspend your account if payment is not received within 7 days (your data remains intact, but dashboard access is restricted)
• Delete your data if payment is not received within 30 days

4.4 Plan Changes

Upgrade (Moving to a Higher-Tier Plan)

• Upgrades are processed using a pro-rata credit system
• The unused value of your current plan is calculated based on remaining days and credited toward the new plan
• You are charged immediately for the difference between the credit and the cost of the new plan through the end of the current billing cycle
• The upgraded plan takes effect immediately

Example: If you upgrade from Starter ($5/month) to Growth ($12/month) on day 15 of a 30-day cycle, you receive approximately $2.50 credit for unused Starter time and are charged approximately $3.50 for the remaining 15 days of Growth.

Downgrade (Moving to a Lower-Tier Plan)

• Downgrades are scheduled changes that take effect at the end of your current billing cycle
• No refunds are issued for the current billing period
• You retain access to your current plan features until the downgrade takes effect
• If your current usage exceeds the limits of the downgraded plan, you must remove excess websites before the downgrade takes effect

5. Refund Policy

5.1 14-Day Money-Back Guarantee

We offer a 14-day money-back guarantee for new subscribers to paid plans. If you are not satisfied with our Service, you may request a full refund within 14 days of your initial subscription payment. This guarantee applies to:

• Your first payment only (not renewals)
• All paid plans (Starter, Growth, Agency)

5.2 Refund Requests

To request a refund, contact us at support@silentanalysis.com with:

• Your account email address
• The reason for your refund request (optional, but helps us improve)

Refunds will be processed within 5-10 business days to your original payment method.

5.3 Refund Limitations

Refunds are not available for:

• Requests made after the 14-day guarantee period
• Accounts that have violated these Terms of Service
• Renewal payments (you must cancel before renewal to avoid charges)
• Partial month refunds (pro-rated refunds are not offered)
• Pageview overage charges

5.4 EU Consumer Rights

If you are a consumer in the European Union, you have the right to withdraw from this contract within 14 days without giving any reason (EU Consumer Rights Directive 2011/83/EU). This right is separate from our money-back guarantee. To exercise your withdrawal right, you must inform us at legal@silentanalysis.com of your decision by an unequivocal statement.

6. Cancellation

6.1 How to Cancel

You may cancel your subscription at any time through:

• Your account settings (Dashboard → Billing → Cancel Subscription)
• Email to support@silentanalysis.com

6.2 What Happens After Cancellation

Upon cancellation:

• Your subscription remains active until the end of your current billing period
• You will not be charged for subsequent billing periods
• You will receive a confirmation email
• Your data will be retained for 90 days in read-only mode, allowing you to access your dashboard (view-only) and export your data (CSV/JSON)
• After 90 days, all data will be permanently deleted from our systems
• You may downgrade to our Free plan at any time to retain access to basic features (subject to Free plan limits)

6.3 Reactivation

You may reactivate your subscription within the 90-day grace period and retain all historical data. After 90 days, reactivation will start with a clean slate (historical data is permanently deleted).

7. Acceptable Use

7.1 Permitted Use

You agree to use the Service only for lawful purposes and in accordance with these Terms.

7.2 Prohibited Activities

You agree not to use the Service to:

• Track websites you do not own or have explicit authorization to track
• Collect, store, or process personal data in violation of GDPR, CCPA, or other privacy laws
• Engage in any illegal activities or promote illegal content
• Attempt to gain unauthorized access to our systems, servers, or other users' accounts
• Interfere with, disrupt, or create an undue burden on the Service or networks connected to it
• Use automated means (bots, scrapers, crawlers) to collect data from our Service or dashboard
• Resell, redistribute, or white-label our Service without written permission (except white-label reports feature in Agency plan)
• Reverse engineer, decompile, disassemble, or attempt to derive source code from any part of the Service
• Remove, obscure, or alter any copyright, trademark, or proprietary notices
• Use the Service to track sensitive categories of websites (adult content, gambling, illegal marketplaces) without prior written approval
• Share your account credentials with unauthorized parties (except team members added through official team access features)

7.3 Violation Consequences

Violation of this section may result in:

• Immediate suspension or termination of your account
• Forfeiture of any prepaid fees (no refund)
• Legal action if applicable
• Reporting to relevant authorities if illegal activity is detected

8. Data and Privacy

8.1 Privacy Policy

Our collection, use, and storage of data is governed by our Privacy Policy. By using our Service, you acknowledge that you have read and understand our Privacy Policy.

8.2 Data Ownership

You retain all rights to the data you collect through our Service. We do not claim ownership of your analytics data.

8.3 Data Location and Residency

All data is stored on servers located in Germany (Hetzner Online GmbH, Falkenstein and Helsinki data centers), ensuring full compliance with EU data residency requirements under GDPR. We do not transfer data to countries outside the European Economic Area (EEA) without appropriate safeguards.

8.4 Data Processing Agreement (DPA)

For customers subject to GDPR, we act as a Data Processor on your behalf. A Data Processing Agreement (DPA) is automatically incorporated into these Terms and complies with GDPR Article 28. You can download a signed DPA from your account dashboard (Settings → Legal Documents → Download DPA).

8.5 Data Portability

You may export all your analytics data at any time in CSV or JSON format through your account dashboard (Dashboard → Export Data). We support the following export formats:

• Raw pageview data (all events)
• Aggregated daily statistics
• Traffic sources breakdown
• Top pages report
• Device/browser/country statistics

8.6 Data Deletion

You may request deletion of your data at any time:

• Immediate deletion: Delete your account through Settings → Account → Delete Account
• Scheduled deletion: Data is automatically deleted 90 days after account cancellation
• GDPR "Right to Erasure" requests: Email privacy@silentanalysis.com with your request

Upon deletion, all data is permanently removed from our systems within 30 days (including backups).

9. Intellectual Property

9.1 Ownership

The Service and its original content, features, and functionality are and will remain the exclusive property of Neuvelia Sp. z o.o. The Service is protected by copyright laws (Poland, EU, and international), trademark laws, and other intellectual property rights.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, subject to these Terms.

9.3 Trademarks

"Silent Analysis," the Silent Analysis logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Neuvelia Sp. z o.o. You may not use these marks without our prior written permission.

9.4 Open Source Tracking Script

Our tracking script is released under the MIT License and available on GitHub. You are free to inspect, modify, and use the tracking script code in accordance with the MIT License terms. The MIT License applies only to the tracking script code, not to the Service, dashboard, backend infrastructure, or other proprietary components.

10. Service Availability and Support

10.1 Uptime Guarantee

We strive to maintain 99.5% uptime (measured monthly, excluding scheduled maintenance). If we fail to meet the 99.5% uptime guarantee in any calendar month, you may request a service credit equal to 10% of your monthly subscription fee for that month. Service credits must be requested within 30 days of the outage by emailing support@silentanalysis.com with details of the downtime experienced.

10.2 Scheduled Maintenance

We may perform scheduled maintenance that temporarily interrupts the Service. We will:

• Schedule maintenance during off-peak hours (typically 2-5 AM CET)
• Notify you via email and status page at least 48 hours in advance
• Limit maintenance windows to 2 hours maximum
• Post real-time updates at status.silentanalysis.com

10.3 Support

Support response times vary by plan:

Support is available in English and Polish. Business hours are Monday-Friday, 9 AM - 5 PM CET (excluding Polish public holidays).

11. Disclaimers and Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• Data collected will be 100% accurate (ad blockers, VPNs, and browser settings may affect tracking)
• Any defects will be corrected
• The Service will meet your specific requirements

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF BUSINESS OPPORTUNITIES, OR REPUTATIONAL HARM ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.

11.3 EU Consumer Protections

Nothing in these Terms shall exclude or limit our liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under applicable law (including EU consumer protection laws)

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Neuvelia Sp. z o.o., its officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights (including intellectual property, privacy, or data protection rights)
• Websites you track using our Service (including claims that tracking violates user privacy or applicable laws)
• Any content or data you collect through our Service

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Switzerland, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

13.2 Arbitration in Basel, Switzerland

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved by binding arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force at the time of commencement of the arbitration.

Arbitration Terms:

• Seat of Arbitration: Basel, Switzerland
• Language: English
• Number of Arbitrators: One (1) arbitrator
• Arbitration Rules: Swiss Rules of International Arbitration
• Governing Law: Swiss law

The arbitration award shall be final and binding on both parties and may be enforced in any court of competent jurisdiction.

13.3 Exceptions to Arbitration

Notwithstanding the arbitration clause above:

• Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights
• EU consumers may bring claims in the courts of their country of residence in accordance with EU Regulation No 1215/2012 (Brussels I Recast) and applicable EU consumer protection laws

13.4 Class Action Waiver

To the extent permitted by law, you agree to resolve disputes individually and waive any right to participate in class action lawsuits, class-wide arbitration, or any other representative or consolidated proceedings. Each party may bring claims against the other only in its individual capacity, not as a plaintiff or class member in any class or representative action.

13.5 EU Online Dispute Resolution

For EU consumers: The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr.

14. Modifications to Terms and Service

14.1 Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via:

• Email to your registered email address (at least 30 days before changes take effect)
• Prominent in-app notification
• Notice on our website

Material changes include:

• Price increases
• Reduction of features in your plan
• Changes to refund policy
• Changes to data retention periods
• Changes to liability limitations
• Changes to dispute resolution mechanisms

14.2 Acceptance of Changes

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the new Terms, you must stop using the Service and cancel your account before the new Terms take effect.

If you cancel due to material adverse changes, you may be eligible for a pro-rated refund for unused time (contact support@silentanalysis.com).

14.3 Changes to Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice, except in cases of emergency maintenance or security issues (immediate action without prior notice) or legal compliance requirements.

If we discontinue the Service entirely, we will provide at least 90 days' notice and offer a full refund for any unused prepaid subscription time.

15. Termination

15.1 Termination by You

You may terminate your account at any time through:

• Account settings (Dashboard → Settings → Account → Delete Account)
• Email to support@silentanalysis.com

15.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or refund, if:

• You breach these Terms (including Acceptable Use policy)
• You engage in fraudulent, illegal, or harmful activity
• We are required to do so by law or legal process
• Your account remains inactive (no logins) for 12 consecutive months
• You repeatedly exceed pageview limits without payment
• We detect abnormal or abusive usage patterns (e.g., excessive API calls, scraping)

15.3 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• We may delete your account and data after the grace period specified in Section 6.2 (90 days for voluntary cancellations, immediate for ToS violations)
• No refunds will be issued for prepaid subscription periods (except as provided in Section 14.2)
• You remain liable for any outstanding charges or fees
• Provisions that by their nature should survive termination (Sections 9, 11, 12, 13, 16) will remain in effect

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and Neuvelia Sp. z o.o. regarding the Service and supersede all prior agreements, understandings, negotiations, and discussions.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

16.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative of Neuvelia.

16.4 Assignment

You may not assign or transfer these Terms, your account, or any rights or obligations under these Terms without our prior written consent. We may assign these Terms and all rights and obligations to any successor entity (merger, acquisition, sale of assets), any affiliate or subsidiary, or any third party without restriction. Any attempted assignment in violation of this section is void.

16.5 Language

These Terms are provided in English. In case of any conflict between translated versions, the English version shall prevail. Translations into Polish and other languages may be provided for convenience, but are not legally binding.

16.6 Force Majeure

We shall not be liable for any failure to perform our obligations where such failure results from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters (earthquakes, floods, fires, storms, pandemics)
• War, terrorism, riots, civil unrest
• Government actions, laws, regulations, or embargoes
• Internet or telecommunications outages not caused by us
• Third-party service provider failures (hosting, payment processors)
• Labor disputes or strikes

During a force majeure event, our obligations are suspended for the duration of the event. If the event continues for more than 30 consecutive days, either party may terminate these Terms without penalty.

16.7 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Neuvelia. You have no authority to bind Neuvelia or make commitments on our behalf.

16.8 Third-Party Services

The Service may integrate with or link to third-party services (e.g., Stripe for payments). Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services or their content.

16.9 Export Compliance

You agree to comply with all applicable export and import control laws and regulations, including those of the European Union, Switzerland, and the United States. You represent that you are not:

• Located in a country subject to a U.S. or EU embargo
• Listed on any government list of prohibited or restricted parties

16.10 U.S. Government Rights

If you are a U.S. government entity, the Service is a "Commercial Item" as defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as those terms are used in 48 C.F.R. §12.212. Use, reproduction, and disclosure are subject to the Terms.

17. Contact Information

For questions, concerns, or support regarding these Terms or the Service, please contact us:

• General Inquiries: legal@silentanalysis.com
• Customer Support: support@silentanalysis.com
• Data Protection Officer: privacy@silentanalysis.com
• Billing: billing@silentanalysis.com

Response Time: We aim to respond to all inquiries within 48 hours (business days: Monday-Friday, 9 AM - 5 PM CET, excluding Polish public holidays).