1. Acceptance of Terms
By accessing or using HitCounters ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.
These Terms apply to all visitors, users, and others who access or use the Service.
2. Service Description
HitCounters provides web analytics services that allow website owners to track and analyze visitor traffic on their websites. Our Service includes:
- Real-time visitor tracking
- Traffic analytics and reporting
- Visitor behavior insights
- Geographic and device data
- Data export capabilities
3. Account Terms
3.1 Account Creation
To use our Service, you must:
- Be at least 16 years of age
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access
3.2 Account Responsibilities
You are responsible for:
- All activity that occurs under your account
- Maintaining the confidentiality of your password
- Ensuring your contact information is current
- Compliance with all applicable laws
4. Acceptable Use
You agree to use our Service only for lawful purposes and in accordance with these Terms. You must:
- Only track websites you own or have permission to track
- Comply with all applicable privacy laws and regulations
- Provide appropriate notice to your website visitors about data collection
- Use the Service in a manner that does not disrupt or harm our infrastructure
5. Prohibited Activities
You may not:
- Use the Service for any illegal purpose
- Track websites without proper authorization
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service
- Use the Service to collect sensitive personal information (health, financial, etc.) without proper consent
- Resell or redistribute the Service without permission
- Use automated systems to abuse the Service
- Violate the privacy rights of others
- Transmit malware or harmful code
- Impersonate any person or entity
6. Intellectual Property
6.1 Our Property
The Service, including its original content, features, and functionality, is owned by HitCounters and is protected by copyright, trademark, and other intellectual property laws.
6.2 Your Content
You retain ownership of any data you submit through the Service. By using our Service, you grant us a license to process this data as necessary to provide the Service.
6.3 Feedback
Any feedback, suggestions, or ideas you provide may be used by us without any obligation to compensate you.
7. Payment Terms
7.1 Free Plan
We offer a free plan with limited features. The free plan may be modified or discontinued at any time.
7.2 Paid Plans
For paid plans:
- Fees are billed in advance on a monthly or annual basis
- Paid plans renew automatically until cancelled
- All fees are non-refundable except where required by law
- We may change pricing with 30 days notice
- You are responsible for all applicable taxes
7.3 Purchases Through the Apple App Store
Plans bought inside the HitCounters iOS app are sold as auto-renewable
subscriptions through the Apple App Store. For those purchases:
- Payment is charged to your Apple Account at confirmation of purchase
- The subscription renews automatically unless auto-renew is turned off at
least 24 hours before the end of the current period, and your account is
charged for renewal within 24 hours before the period ends
- Billing, renewal and cancellation are managed by Apple in your Apple
Account settings. We cannot cancel an App Store subscription on your
behalf, and deleting your HitCounters account does not cancel it
- Refunds for App Store purchases are handled by Apple under its own
policies, not by us
7.4 Refunds
Except where required by law, fees are non-refundable. If you believe you
have been billed in error, contact us and we will review it. Refunds for
purchases made through the Apple App Store are handled by Apple, as described
in section 7.3.
8. Termination
8.1 By You
You may terminate your account at any time by contacting us or using the account deletion feature. Upon termination:
- Your access to the Service will be disabled
- Your data will be deleted according to our retention policy
- No refunds will be issued for unused time on paid plans, except where
required by law
- If you subscribed through the Apple App Store, deleting your account
does not cancel that subscription. Cancel it in your Apple
Account settings, or Apple will continue to bill you (see section 7.3)
8.2 By Us
We may terminate or suspend your account immediately, without prior notice, if:
- You violate these Terms
- Your use of the Service poses a security risk
- We are required to do so by law
- Your account has been inactive for an extended period
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR RELIABILITY OF DATA
We do not warrant that:
- The Service will be uninterrupted or error-free
- Defects will be corrected
- The Service is free of viruses or harmful components
- The results obtained from the Service will be accurate
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HITCOUNTERS SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, data, use, goodwill, or other intangible losses
- Any damages resulting from unauthorized access to your data
- Any interruption or cessation of the Service
Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless HitCounters, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you submit through the Service
12. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by:
- Posting the updated Terms on this page
- Updating the "Last updated" date
- Sending email notification for material changes
Your continued use of the Service after changes constitutes acceptance of the new Terms.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except where prohibited by law.