Terms and conditions

These Terms govern the use of Metixon, a web analytics platform available at metixon.com, provided by AOSYSTEMS SOFTWARE AND ARTIFICIAL INTELLIGENCE, S.A. de C.V. (the «Provider» or «Metixon»), a company incorporated in Mexico with tax ID (RFC) ASA260331I27 and address at Urbina 2859, Melchor Ocampo, Ciudad Juárez, Chihuahua, C.P. 32380, México.

By creating an account, ticking the acceptance box or using the Service, you accept these Terms and the Privacy notice on your own behalf and, where applicable, on behalf of the organization you represent, and you confirm you are authorized to bind it. If you do not agree, do not use the Service.

• Service: the Metixon platform, its dashboard, API, collector and SDK.
• Customer: the individual or legal entity that subscribes to the Service and owns the organization.
• User: each person with access to the Customer's organization, including the Customer.
• Project: each website or app the Customer measures, with its own SDK key.
• Event: each valid record the SDK or API sends to the Service (for example, a page view, a custom event or a conversion).
• Customer Data: Events and other information the Customer or its visitors send to the Service.

The Service is intended for businesses and professionals. To subscribe you must be of legal age, have legal capacity to enter into contracts and provide true, up-to-date information. We may reject or cancel a registration with false information or that breaches these Terms.

You are responsible for keeping your credentials and your Project keys confidential, and for all activity that occurs with them. We recommend turning on two-step verification.

The Customer decides who has access to its organization and with which role, and is responsible for its Users' actions. Let us know right away at support@metixon.com if you suspect unauthorized access.

Each organization's first subscription includes a 30-day free trial. A card is required to start. During the trial the organization can have one Project.

Unless you cancel before the trial ends, the plan you chose is charged automatically when it ends and the subscription continues under the «Billing, renewal and cancellation» section.

Each plan (Starter, Pro, Business and Enterprise) has limits on members, Projects, monthly Events and data retention, as published on the pricing page in effect when you subscribe. Retention is 90 days on Starter, 12 months on Pro, 24 on Business and 36 on Enterprise.

Event limits renew every month on your billing date. When you reach your monthly quota, ingestion pauses until the next cycle unless you upgrade or turn on overages. Events not recorded because the quota was reached cannot be recovered.

Plans with unlimited members or Projects are subject to fair use: they may not be used to resell the Service or to operate it as a platform for third parties without a written agreement.

Prices are stated and charged in U.S. dollars (USD), in advance, to your card through Stripe. Your bank may apply fees or exchange rates for charges in foreign currency.

• Subscriptions renew automatically at the end of each monthly or yearly period until you cancel.
• Yearly plans cost the same as 10 monthly payments for 12 months of service.
• You can cancel at any time from the billing portal. Cancellation takes effect at the end of the paid period and you keep access until then.
• If a charge fails, Stripe will retry it. If it remains unpaid, we may limit the Service until it is paid.

On Pro, Business and Enterprise you can turn on overages: once you go over your Event limit, data keeps flowing and extra Events are charged at your plan's rate ($1.50, $1.20 or $1.00 USD per 100,000, respectively), up to the monthly spending cap you choose. When the cap is reached, ingestion pauses. Overages are billed separately at the end of each period.

Because the free trial lets you evaluate the Service before paying, periods already charged are not refundable, in whole or in part, except as required by applicable law or as stated below.

• If you were charged by mistake (a duplicate charge or a charge after cancelling), we will refund it.
• If the Service was unavailable for an extended period for reasons attributable to Metixon, email support@metixon.com and we will consider a proportional credit or refund.

You can change plans at any time. An upgrade is charged immediately, only for the prorated difference for the days left in the cycle; a downgrade creates a credit applied to your next invoices.

We may change our prices. We will notify you at least 30 calendar days in advance and the new price will apply from your next renewal. If you disagree, you can cancel before that date.

Stripe issues a receipt for each charge. Published prices do not include any taxes that may apply in your country, which you are responsible for where applicable. If you are a Mexican taxpayer and need an electronic invoice (CFDI), send your tax details to support@metixon.com within the same month as the charge.

For the data about visitors to your websites, you are the controller and Metixon acts as a processor (or service provider) that processes it only to provide the Service to you. You therefore agree to:

• Tell your visitors in your privacy notice or policy that you use Metixon for analytics, and obtain their consent where applicable law requires it (you can use requireConsent and optIn()).
• Not send in Events personal data that directly identifies a person (name, email, phone number, government IDs), sensitive data, health or financial data, or data about children, unless you have a legal basis and have pseudonymized it.
• Install the SDK only on websites and apps you own or are authorized to measure.
• Handle your visitors' requests about their data; we will reasonably assist you.

Metixon will keep Customer Data confidential, apply security measures, only use the subprocessors listed in the Privacy notice, will not sell Customer Data or use it for purposes other than providing the Service, and will delete it when the relationship ends as described in «Your data is yours».

You may not:

• Use the Service for unlawful activities or to track people without a legal basis.
• Send artificial traffic, overload the collector or the API, or try to circumvent your plan's limits.
• Access accounts, data or systems of Metixon or other customers without authorization.
• Test for vulnerabilities without our prior written permission.
• Copy, decompile or resell the Service, except as permitted by law.

Deliberate abuse may result in account suspension.

Customer Data belongs to the Customer. You grant us only the license needed to host, process and display it to you while providing the Service. We may use aggregated, anonymous statistics about how the Service runs (for example, total Event volume) to operate and improve it, without identifying the Customer or its visitors.

You can query Events for the retention period of your plan and export them while your subscription is active. After you cancel, your information remains available for export for at least 30 calendar days; after that we may permanently delete it.

We make reasonable efforts to keep the Service available continuously, but there may be interruptions due to maintenance, provider failures or causes beyond our control. We will try to announce scheduled maintenance in advance. Support is provided by email at support@metixon.com on business days.

The Service, its code, design, brand and documentation belong to the Provider or its licensors. We grant you a limited, non-exclusive, non-transferable license to use it while your subscription is active. The SDK may be distributed under its own license, which governs its code. If you send us suggestions, we may use them freely.

The processing of your personal data is governed by the Privacy notice, which is part of these Terms.

You can end the relationship at any time by cancelling your subscription and deleting your account. We may suspend or terminate the Service if you breach these Terms, fail to pay, or if an authority requires it. Except in urgent cases or where there is a risk to the Service or third parties, we will notify you first and give you a chance to fix the issue.

Upon termination, your right to use the Service ends. Sections that by their nature should survive (intellectual property, liability, indemnification and jurisdiction) remain in effect.

The Service is provided «as is» and «as available», to the extent permitted by law. Analytics figures are estimates: blockers, browser settings, declined consent or network failures may prevent some visitors from being recorded. We do not guarantee specific business results.

To the extent permitted by law, Metixon is not liable for indirect damages, lost profits, loss of data or business opportunities. The Provider's total liability to the Customer for any cause is limited to the amount paid by the Customer in the 3 months before the event giving rise to it.

These limitations do not apply to fraud, gross negligence or rights that cannot be waived by law, including consumer rights under the law of your place of residence.

The Customer will hold Metixon harmless from third-party claims, including those of its visitors or of authorities, arising from its use of the Service in breach of these Terms or the law, in particular for failing to inform its visitors, failing to obtain their consent or sending prohibited data in Events.

We may change these Terms. We will post the new version on this page with its date and, if the change is significant, notify you by email or within the platform at least 30 calendar days in advance. If you keep using the Service after that date, you accept the changes; if you disagree, you can cancel.

You agree to receive communications electronically, at your account email or within the platform, and that they have the same validity as written ones. Your electronic acceptance of these Terms is fully valid. You can notify us at support@metixon.com or at the address in the first section.

• If any provision is found invalid, the rest remain in effect.
• Failing to exercise a right is not a waiver of it.
• You may not assign these Terms without our consent; we may assign them in a merger, spin-off or sale of the business, with notice to you.
• Neither party is liable for failures caused by force majeure.
• These Terms are published in Spanish and English. In case of any discrepancy, the Spanish version prevails.

These Terms are governed by the federal laws of the United Mexican States. For their interpretation and enforcement, the parties submit to the competent courts of Ciudad Juárez, Chihuahua, Mexico, waiving any other jurisdiction that may apply to them because of their present or future domicile.

If you are a consumer in Mexico, you may contact the Federal Consumer Protection Agency (PROFECO). If you reside outside Mexico, including in the United States, this choice of law and forum applies to the extent permitted by the laws of your place of residence and does not deprive you of rights those laws do not allow you to waive.