datamogger

Terms of Service

Last updated: October 14, 2026

These Terms of Service ("Terms") are a legally binding agreement between you ("you") and DataMogger ("DataMogger", "we", "us" or "our"). They govern your use of the DataMogger web analytics service at datamogger.com, including the tracking script, the dashboard, the REST API and all related services (the "Service").

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service for a company or other organization, you confirm that you have authority to accept these Terms on its behalf, and "you" then means that organization.

1. Eligibility and accounts

  • You must be at least 18 years old (or the age of majority where you live, if that is higher) to use the Service. If we learn that a minor has created an account, we will delete it.
  • Use an email address that you control, and keep it current. We send sign-in codes and important notices to it.
  • You are responsible for all activity under your account and for keeping access to it secure, including your email inbox, your Google account if you sign in with Google, and your API keys. Anyone who can read your email can sign in to your account.
  • Tell us at support@datamogger.com as soon as you learn of any unauthorized use of your account.
  • Don't register accounts by automated means, and don't use more than one account to get around the limits in Section 4.

2. The Service

DataMogger is a web analytics service. You add our tracking script to your websites, and the Service shows you visits, traffic sources, pages, locations, devices, goals, funnels, visitor journeys, revenue attribution and AI crawler visits, in a dashboard and through a REST API.

Analytics are estimates. Your numbers can be affected by ad blockers, visitors' cookie and consent choices, browser privacy features, bot filtering and the limits of IP-based location. Revenue attribution links payments to visits using the data available and may be incomplete. Don't use the Service as your record for accounting, tax, billing or legal purposes.

Benchmarks. The Service compares each website's numbers with similar websites'. To do this, we use the totals the Service counts for every website (such as monthly visitors, visits by traffic channel, engaged and returning visits, and new revenue) to compute anonymous statistics across websites, such as the typical growth or revenue per visitor of websites of a kind and size, and show them to our customers. A statistic is shown only when it comes from at least 10 websites; it's rounded, and it never names or identifies a customer, a website or a visitor. You agree that we may use your websites' totals this way. When a website is deleted, or its data is, its daily traffic totals are first added to network-wide totals that don't name it. Those, and statistics already computed, stay, since they can't be traced back to the website.

Other services. Some features rely on services from other companies, such as Google sign-in and payment notifications from Stripe, Paddle, Shopify and the other billing providers and stores the Service connects to. Your use of those services is governed by their own terms, and we are not responsible for them.

3. Plans, the free trial and payment

Free trial. A new account starts with a free 14-day trial. You don't need a card. During the trial you have the Growth plan's websites and team members, with no monthly event limit.

Plans. After the trial, you can keep every feature with a paid plan: Starter or Growth, each priced by the number of monthly events, paid monthly or yearly. The plans, their limits and their prices are on our pricing page. Prices are in US dollars.

Free plan. When the trial ends without a paid plan, or a subscription ends, your account moves to the Free plan, at no cost. On the Free plan, the Service counts totals for your websites without recording each visit: visitors, visits, pageviews, events, bounce rate and time on site, by page, traffic source, campaign, country, device, browser and operating system, plus goal completions and total revenue. The dashboard shows those totals. Funnels, visitor journeys, filters and segments, realtime, AI crawler traffic, revenue by source, page or campaign, goal alerts, team members and the API's reporting endpoints need a paid plan. Since the Free plan doesn't record the data behind them, picking a plan later starts them from that day. We may change or end the Free plan; we will email you at least 30 days before ending it. If none of a Free account's websites records a visit or a payment, and you don't sign in, for 12 months, we email you, and 30 days later we delete those websites' analytics data. Your account and websites stay, so a later visit simply starts counting again.

Payment. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Paddle's Buyer Terms and Privacy Policy govern your purchase. Paddle calculates and collects any sales tax or VAT that applies.

  • Picking a plan during the trial: you can subscribe at any time during the trial. You pay for the plan the day you subscribe, and the trial ends then.
  • Renewal: a plan renews automatically at the end of each month or year, and Paddle charges the payment method on file, until you cancel.
  • Changing plans: a change of plan, event tier or billing period takes effect immediately. Paddle charges or credits the difference for the rest of the current period. To move to Starter, the account must first be down to 1 website and 1 team member.
  • Cancelling: you can cancel at any time from the Billing page. Your plan stays active until the end of the period you've paid for, and it isn't renewed after that.
  • Failed payments: if a renewal payment fails, Paddle retries it. If it still can't be collected, the subscription ends.
  • Refunds: see our Refund Policy.
  • Price changes: we may change our prices. A change applies to your plan from its next renewal, and we will email you at least 30 days before.

4. Usage limits

  • Monthly events: each plan includes a number of events a month, counted across all the account's websites (the Free plan includes 10,000). An event is any data point recorded for a website, such as a pageview, a goal completion or an outbound link click, whether it comes from the script or from the API. Usage is counted in monthly cycles, even on yearly plans: they start on the day your subscription started (during the trial, on the day you signed up).
  • Going over: if the account records more events in a cycle than its plan includes, we keep recording every event, but the dashboard and the API's reporting endpoints are locked until you upgrade to a plan that covers them or the next cycle begins.
  • Websites and team members: Starter includes 1 website and 1 team member; Growth includes 30 websites and 30 team members; the Free plan includes 30 websites and no team members. Team members are the people you invite to your websites; pending invitations count, and you, the account owner, don't.
  • AI crawler requests: every paid plan includes 100,000 recorded AI crawler requests per cycle, pooled across its websites (the Free plan doesn't record them). You can add capacity in packs of 1,000,000 requests for US$9 a month each, up to 50 packs, from the Billing page; packs are billed monthly, separately from your plan, until you remove them. When the allowance is used up, we stop recording crawler requests until the next cycle begins; the rest of the Service is not affected, and requests that were not recorded can't be recovered.

We may also rate-limit traffic to our collector and API to keep the Service stable for everyone. Don't try to get around the limits, for example by splitting one website into several or by using several accounts.

When the trial or a subscription ends

  • The trial ends without a plan: your account moves to the Free plan. Seven days after the trial ended, the visit-level data recorded during the trial is condensed.
  • A subscription ends (because you cancelled it, or a payment couldn't be collected): your account moves to the Free plan. Thirty days after the subscription ended, its visit-level data is condensed.

"Visit-level data" here means the visits, events, and visitor and identity records the Service recorded for your websites. "Condensed" means we turn it into the hourly and daily totals the Free plan keeps, so your reports keep their numbers, and then delete the visit-level records, which can't be restored. Payments, AI crawler records already recorded, daily totals, your account, your websites and their settings stay until you delete them (or, for an inactive Free account, until its analytics data is deleted as described in Section 3), and picking a plan later restores every feature with the same script. We email you before visit-level data is condensed.

5. Your websites and your visitors

You decide where the Service is used and what data is sent to it, so you are responsible for that use. You must:

  • install the script on, and send data about, only websites and apps that you own or are authorized to manage;
  • comply with all laws that apply to your websites and to the personal data of your visitors and customers, including privacy, data protection, cookie and consumer protection laws;
  • explain in your own privacy notice that you use DataMogger, what data it collects and which cookies it sets (dm_vid and dm_sid), and describe any identity, payment or alert features you use;
  • get any consent the law requires before the script sets cookies or collects data (for example, consent under EU and UK cookie rules for dm_vid and dm_sid), and respect your visitors' choices;
  • have a lawful basis for all personal data you send us, including identity and payment data;
  • not send sensitive data to the Service, whether in goals, goal properties, identify calls, custom fields, payment data or page addresses. Sensitive data includes health information, precise location, government-issued identifiers (such as passport, driver's license or Social Security numbers), payment card or bank account numbers, passwords, biometric or genetic data, and information about a person's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, sexual orientation or criminal record;
  • if a website is directed at children, comply with the children's privacy laws that apply to it (such as COPPA in the United States), and not attach identity data about children; and
  • respond to requests from your visitors and customers about their data. We will help as described in Section 8.

6. Acceptable use

You must not:

  • use the Service for anything illegal, fraudulent or harmful, or in a way that violates anyone's rights;
  • track websites or apps that you don't own or aren't authorized to manage;
  • send fake, automated or excessive traffic to our collector or API, or otherwise overload, flood or spam them;
  • probe or test the security of the Service, or try to bypass its security measures, rate limits, usage limits or access controls;
  • access, or try to access, other customers' accounts or data;
  • scrape the dashboard, or access the Service by automated means other than our API;
  • reverse engineer, decompile or disassemble the Service or the script, except where the law expressly allows it;
  • resell, sublicense or rent the Service, or offer it to others under your own brand, without our written permission; or
  • use the Service to spread malware or to interfere with other people's websites or devices.

API. Use the API only as documented and within its rate limits. Keep your API keys secret. You are responsible for all activity that uses your keys, and we may revoke keys that are used in breach of these Terms.

7. Suspension and termination

By you

You can delete a website, or your whole account, at any time from the dashboard. Deletion is immediate and permanent (apart from the anonymous network totals described in Section 2), and deleted data can't be restored; copies in our backups expire on the schedule in our Privacy Policy. If you want a copy of your data, email support@datamogger.com before you delete it. After deleting a website or your account, remove our script from your sites.

By us

We may suspend or terminate your account, stop recording data for a website, or delete a website or an account if:

  • you breach these Terms, including the acceptable use rules or the usage limits;
  • your use creates a security, legal or operational risk for us, our other customers or the public; or
  • the law requires us to.

Where it's reasonable to do so, we will contact you first and give you a chance to fix the problem. We may act without notice in serious or urgent cases, such as abuse, attacks on the Service or repeated breaches.

We may also close your account for any other reason by giving you at least 30 days' notice, so that you have time to request a copy of your data. If we close your account without cause, we will refund the unused part of any period you have paid for.

After termination

Your right to use the Service ends, and we delete your websites and data as described in our Privacy Policy. Sections 8, 9, 11, 12, 13, 14 and 16 continue to apply after termination.

8. Your data and our role as processor

You own your data

"Your Data" means the data collected through the script on your websites, the data you send us through the API or webhooks, and the settings and content you add to your account. You keep all rights to Your Data. You allow us to host, copy, process, transmit and display Your Data only as needed to provide, maintain, secure and support the Service, as described in these Terms and our Privacy Policy. We don't sell Your Data or use it for advertising.

Processing personal data for you

For personal data about your website visitors and your own customers that the Service processes for you ("Visitor Data"), you are the controller (and the "business" under California law), and DataMogger is your processor (and your "service provider"). For Visitor Data, we will:

  • process it only on your documented instructions, which are these Terms, the settings you choose, and the data and requests you send through the script, API and webhooks. If the law requires us to process it in any other way, we will tell you first unless the law forbids it;
  • make sure that anyone we authorize to access it is bound by confidentiality;
  • protect it with appropriate technical and organizational security measures;
  • use only the subprocessors listed in our Privacy Policy, under written terms that protect the data, and tell you before we add or replace one. If you object and we can't resolve your objection, you may stop using the Service and delete your account;
  • help you, taking into account the nature of the processing and the information available to us, to respond to requests from individuals and to meet your own obligations, such as security, breach notification and data protection impact assessments;
  • notify you without undue delay after becoming aware of a personal data breach affecting it;
  • delete it when you delete the relevant website or your account, as described in our Privacy Policy;
  • make available the information reasonably needed to show that we meet these obligations; and
  • not sell or share it, not retain, use or disclose it for any purpose other than providing the Service to you, and not combine it with personal data from other sources, except where the law allows.

We store Visitor Data in the United States. Where the law requires a transfer mechanism, for example for Visitor Data from the EEA, the UK or Switzerland, we will put in place the European Commission's standard contractual clauses and their UK equivalent through our data processing agreement.

Data processing agreement. A data processing agreement (DPA) is available on request: email support@datamogger.com. If a DPA we sign with you conflicts with these Terms about Visitor Data, the DPA prevails.

9. Our intellectual property

  • The Service, including our software, tracking script, API, website, design, logos and documentation, belongs to DataMogger and our licensors. These Terms don't transfer any of it to you.
  • While your account is active, we give you a limited, non-exclusive, non-transferable and revocable right to use the Service, and to install the script on websites you are allowed to track, in line with these Terms.
  • If you send us suggestions or feedback, we may use them freely without any obligation to you.

10. Changes to the Service

  • We may change, add or remove features at any time. If we remove a core feature of a plan you pay for, we will tell you in advance, and you may cancel and request a refund of the unused part of your current period.
  • If we decide to stop offering the Service entirely, we will give at least 30 days' notice and a chance to request a copy of your data.
  • We are not liable for interruptions caused by circumstances beyond our reasonable control, such as natural disasters, internet outages or failures of third-party providers.

11. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy.

We do not warrant that the Service will be uninterrupted, secure or error-free, that it will record data completely or accurately, that data will never be lost, or that errors will be corrected.

If you are a consumer in a jurisdiction that does not allow certain warranty exclusions, the above may not fully apply to you, and you may have additional statutory rights.

12. Limitation of liability

To the fullest extent permitted by law, DataMogger will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or business opportunities, arising from or related to your use of the Service or these Terms.

Our total liability for all claims arising from or related to these Terms or the Service will not exceed the greater of: (a) the fees you paid for the Service in the 12 months before the claim; or (b) one hundred US dollars (US$100).

Nothing in these Terms limits liability that cannot be limited by law. Some jurisdictions do not allow these limitations, so they may not fully apply to you.

13. Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless DataMogger against any third-party claim, and the resulting losses, damages and costs (including reasonable legal fees), arising from:

  • your websites, and the data you collect or send through the Service, including any failure to give notices or obtain consents that the law requires;
  • your breach of these Terms; or
  • your violation of any law or of anyone else's rights.

We will tell you promptly about any such claim and cooperate reasonably with you in handling it.

14. Governing law and disputes

These Terms are governed by applicable law. Any disputes arising from these Terms or the Service shall be resolved in accordance with the laws applicable to the parties involved.

Before filing any formal proceeding, you agree to contact us at support@datamogger.com and attempt to resolve the dispute informally for at least 30 days.

If you are a consumer in the EEA or United Kingdom, nothing in these Terms deprives you of mandatory consumer protections under the laws of your country, including your right to bring proceedings in your local courts.

15. Changes to these Terms

We may update these Terms from time to time. We will post the new version on this page with a new "Last updated" date. If a change is material, we will also email you at least 30 days before it takes effect, unless the change must take effect sooner to comply with the law or to address security or abuse. If you don't agree with a change, stop using the Service and delete your account before it takes effect. If you keep using the Service after a change takes effect, you accept the updated Terms.

16. General

  • Entire agreement: These Terms, our Privacy Policy and any DPA we sign with you are the whole agreement between you and us about the Service.
  • Severability: If any part of these Terms is found unenforceable, the rest stays in effect.
  • No waiver: If we don't enforce a right straight away, we don't give it up.
  • Assignment: You may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours as part of a merger, acquisition or sale of assets, and we will tell you if we do.
  • Notices: We send notices to the email address on your account. You can send notices to us at support@datamogger.com.

17. Contact

Questions about these Terms? Contact us:

DataMogger