Terms of Service
These Terms of Service ("Terms") govern your access to and use of Toby's Web Tracker (the "Service"), operated by Toby's Webworks, LLC ("we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms.
1. Eligibility
You must be at least 18 years old and capable of entering a binding contract to use the Service. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.
2. Description of Service
Toby's Web Tracker is a website analytics and UTM tracking tool. It allows you to track page visits, traffic sources, and campaign performance across one or more websites you own or manage, and optionally share white-labeled reports with your clients.
3. Your Account
- You are responsible for maintaining the confidentiality of your account credentials.
- You are responsible for all activity that occurs under your account.
- You must notify us immediately if you suspect unauthorized access to your account.
- You may not share your account or credentials with others.
4. Acceptable Use
You agree not to use the Service to:
- Track websites or properties you do not own or have explicit permission to track
- Collect personally identifiable information about visitors in violation of applicable privacy laws
- Reverse engineer, decompile, or attempt to extract source code from the Service
- Resell or sublicense access to the Service without our written consent
- Introduce malware, spam, or other harmful content through the Service
- Use the Service for any unlawful purpose or in violation of any applicable regulation
5. Tracking Snippet
By installing our tracking snippet on your websites, you represent that you have the necessary rights and consents to collect and transmit visitor data to us. You are responsible for providing any required disclosures and obtaining any required consents from your website visitors under applicable privacy laws (e.g. GDPR, CCPA).
6. Client Dashboards
The Agency plan allows you to create password-protected dashboards for your clients. You are responsible for the accuracy of the data you share, for maintaining appropriate access controls, and for ensuring that sharing such reports complies with any agreements you have with your clients.
7. Intellectual Property
All content, software, and technology comprising the Service is owned by us or our licensors and is protected by applicable intellectual property laws. These Terms do not grant you any rights in the Service other than the limited right to use it as described herein.
You retain all rights to your own data (your tracking data, client information, and content you input). You grant us a limited license to process that data solely to provide the Service.
8. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that data will be preserved without loss.
9. Limitation of Liability
To the maximum extent permitted by law, Toby's Webworks, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, or goodwill, arising from your use of or inability to use the Service, even if advised of the possibility of such damages. Our total liability for any claim arising out of these Terms shall not exceed the greater of $50 USD or the amount you paid us in the three months preceding the claim.
10. Termination
We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason with reasonable notice. You may cancel your account at any time by contacting us. Upon termination, your right to use the Service ceases immediately.
11. Governing Law
These Terms are governed by the laws of the jurisdiction in which Toby's Webworks, LLC is registered, without regard to conflict-of-law principles.
12. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated via email or prominent notice in the Service at least 14 days before they take effect. Continued use after a change takes effect constitutes acceptance of the updated Terms.
13. Contact
Questions about these Terms? Email us at info@tobyswebworks.com or visit our contact page.