Terms of Service
Last updated: May 8, 2025
Contents
0. Definitions
"Service" refers to the web analytics services provided by pathing.cc, which allow Service Users to track and analyze End User behavior on their Websites.
"Service User" (or "you", "your") refers to any individual, company, or entity that accesses or uses the Service for their Website(s).
"End User" refers to any individual who visits a Website that utilizes the Service for web analytics.
"Website" refers to the domain(s) and subdomain(s) owned or operated by the Service User on which the Service is implemented.
"Terms" refers to these Terms of Service.
1. Terms of Service
1.1 Acceptance of Terms
By accessing or using the Service, you (the Service User) agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.
1.2 Description of Service
Pathing.cc provides the Service, web analytics services that allow Service Users to track and analyze End User behavior on their Websites. Our Service is provided "as is" and "as available."
1.3 Account Responsibilities
As a Service User, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
1.4 Usage Limitations
Service Users agree not to use the Service to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Track personally identifiable information (PII) of End Users without proper consent
- Distribute malware or other harmful code
- Attempt to gain unauthorized access to our systems
1.5 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of our Service at any time without prior notice. We will not be liable to you (the Service User) or any third party for any such modifications.
1.6 Termination
We may terminate or suspend your (the Service User's) account at our discretion without prior notice for violation of these Terms. Upon termination, your right to use the Service will cease immediately.
1.7 Age Requirement
Service Users must be at least 16 years old to use the pathing.cc Service. By using our Service, you (the Service User) represent and warrant that you are at least 16 years of age.
2. Privacy Policy
2.1 Data Collection
Pathing.cc collects anonymous usage data from Websites that implement our tracking script. This data includes page views, clicks, End User paths, browser information, and device information. We do not collect personally identifiable information (PII) from End Users unless explicitly permitted by Service Users through their configuration of the Service and with proper consent from the End User.
2.2 Data Usage
We use collected data to:
- Provide analytics services to our Service Users
- Improve our products and Service
- Monitor the performance of our Service
- Prevent fraud and abuse
2.3 Data Sharing
We do not sell or rent End User data to third parties. We may share data with trusted service providers who assist us in operating our Service, conducting our business, or servicing Service Users, as long as they agree to keep this information confidential.
2.4 Data Security
We implement appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of data related to Service Users and End Users. However, no method of transmission over the Internet or electronic storage is 100% secure.
2.5 User Rights
Service Users have the right to access, correct, or delete their personal information. Service Usersare responsible for informing theirEnd Users about the use of our analytics Serviceand obtaining necessary consents. End Users should refer to the privacy policy of the Website they are visiting for information on their data rights.
2.6 Cookies and Tracking Technologies
We use cookies and similar tracking technologies that store anonymous identifiers to provide and improve our Service. These cookies do not directly contain personally identifiable information of End Users and are used solely for analytics and Servicefunctionality. By using our Service, Service Usersconsent to our use of these technologies as described in this policy, and are responsible for obtaining appropriate consent from their End Users for such cookie usage on their Websites as required by applicable laws and regulations.
3. Refund Policy
3.1 Subscription Cancellations
Service Users may change their subscription at any time. Upon change, Service Users will immediately be billed for any outstanding use of their previous subscription and lose or gain access to the parts of the Service, based on the changes they make to their subscription.
3.2 Refund Eligibility
We offer refunds to Service Users within 14 days of switching to a usage-based plan for the first time if they are not satisfied with our Service. This refund will be in the form of a cancellation of all billing for the refunded cycle.
3.3 Refund Process
To request a refund, Service Users should contact us at refunds@pathing.cc with their account information and reason for the refund request. Refunds, which will take the form of a cancellation of all billing for the previous cycle, will typically be processed within 7 business days of approval. The cancellation will be applied before your next billing date if the request is approved and processed prior to it.
3.4 Exceptions
We reserve the right to deny refund requests from Service Users in cases of:
- Abuse of the refund policy
- Violation of our Terms of Service
- Requests made after the 14-day period
- Custom enterprise solutions
4. Intellectual Property Rights
All rights, title, and interest in and to the Service, including but not limited to all software, technology, code, user interfaces, designs, trademarks, logos, and other intellectual property rights, are and will remain the exclusive property of pathing.cc and its licensors. These Terms do not grant you (the Service User) any rights to use pathing.cc's trademarks, logos, domain names, or other distinctive brand features without our prior written consent.
Notwithstanding the above, Service Users are permitted to use pathing.cc's logo and branding solely for the purpose of advertising our Service or notifying their End Users about the use of our analytics tools. This includes, but is not limited to, displaying our logo in privacy policies, cookie notices, or other disclosures related to analytics tracking on their Websites. Such use must be in accordance with our brand guidelines and must not imply any endorsement, sponsorship, or affiliation beyond the use of our Service.
You, the Service User, retain full ownership of the data collected from your Website(s) through the use of the Service ("User Data"). You grant pathing.cc a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute User Data solely for the purpose of providing, maintaining, and improving the Service, and as otherwise permitted by our Privacy Policy. This license terminates when your account is closed, except to the extent necessary for us to comply with legal obligations or for backup and archival purposes.
5. Governing Law and Dispute Resolution
These Terms and any action related thereto will be governed by the laws of the State of Delaware, United States, without regard to its conflict of laws provisions.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service (collectively, "Disputes") will be resolved by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You agree that you and pathing.cc are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and pathing.cc otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and pathing.cc submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section below as to the types and amounts of damages for which a party may be liable.
For any inquiries or attempts at informal resolution before arbitration, please contact us at tos@pathing.cc.
6. Limitation of Liability
To the fullest extent permitted by applicable law, pathing.cc and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) a Service User's or End User's use or inability to use the Service; (b) any unauthorized access to or use of our servers and/or any personal information or data stored therein; (c) any interruption or cessation of transmission to or from the Service; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service. In no event shall pathing.cc's aggregate liability for all claims relating to the Service exceed the amount paid by the Service User to pathing.cc in the 12 months preceding the claim.
Service Users agree to indemnify and hold harmless pathing.cc and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with their access to or use of the Service, their Websites, or their violation of these Terms.
7. Updates to Terms
We may update these Terms from time to time. We will notify Service Users of any significant changes by posting a notice on our website or sending an email to the address associated with their account. Continued use of the Service after such changes constitutes acceptance of the new Terms.
8. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions of these Terms will continue in full force and effect.
9. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by pathing.cc on the Service, shall constitute the entire agreement between you (the Service User) and pathing.cc concerning the Service. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and pathing.cc with respect to the Service.
10. Waiver
The failure of pathing.cc to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of pathing.cc. The waiver of any such right or provision will not be considered a waiver of any subsequent breach or default.
11. Contact Information
If you have any questions about these Terms, please contact us at:
Email: tos@pathing.cc
We aim to respond to all inquiries within 2 business days.