Terms and Conditions

Terms of Use

IMPORTANT - The following terms and conditions for use (this "Terms of Use") govern all use, whether by Clients or Other Users (“you”, “your”, “User(s)”), of Our Website, the Analysis Services, or any other content, materials, services, features, activities or products available at or through Our Website (collectively with the Analysis Services, the "Services"). With respect to Users of the Analysis Service, the terms "you" or "yours" include the person or entity that is the Client registered with the Analysis Service as well as any employees or agents authorized by the Client to access the Analysis Service on such Client's behalf.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OR OTHERWISE ACCESSING OUR WEBSITE.

BY USING OR ACCESSING OUR WEBSITE OR THE SERVICES, WHETHER BY CLICKING A BUTTON ON OUR WEBSITE OR OTHERWISE, YOU AGREE TO BE BOUND BY THIS TERMS OF USE AND BY THE RETENSSION's PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE HEREIN IN ITS ENTIRETY. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE OR SERVICES.

THESE TERMS OF USE AND THE RETENSSION's PRIVACY POLICY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RETENSSION THAT CONDITIONS YOUR USE OF THE SERVICES (this "Agreement"). THIS AGREEMENT CONTAINS LIMITATIONS OF LIABILITY (see Section 10 (Limitations of Liability)), AND A REQUIREMENT TO ARBITRATE CERTAIN CLAIMS (see Section 15 (Arbitration; Dispute Resolution)). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

TO USE OUR WEBSITE OR ANY OF THE SERVICES, YOU MUST BE AT LEAST 16 YEARS OLD. IF YOU ARE LESS THAN 16 YEARS OLD, YOU MAY NOT USE OUR WEBSITE OR SERVICES. IF YOU ARE UNDER THE AGE OF 18, YOU MAY ONLY USE THE OUR WEBSITE OR SERVICES UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN.

1. Introduction

Welcome to Retenssion ("we," "us," or "our") and our website analytics service (the "Service"). These Terms and Conditions ("Terms") govern your access to and use of the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service. These Terms, along with our Privacy Policy and Data Processing Agreement (if applicable), constitute the entire agreement between you and us.

2. Definitions

  • Account: A registered account with Retenssion to access the Service.
  • Data: Information collected through the Service, including mouse movements, scroll percentages, session recordings, and payment statuses (if integrated with third-party payment systems). Excludes sensitive data (e.g., passwords, credit card numbers).
  • Service: Our website analytics platform, including tools for heatmaps, surveys, AI analysis, and related software.
  • Subscription: Your selected pricing tier and features.
  • User: Any individual or entity using the Service.

3. Service Description

The Service provides tools to collect and analyze user behavior on your website, including heatmaps, session recordings, AI-driven insights, and customizable surveys. Data collected depends on your Subscription tier.

4. User Accounts

  • We may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.
  • You agree to provide us with complete and accurate information when you register for the Analysis Service, and to keep such information up to date. Our Website may allow you to login to your account through online accounts you may have with third party social networking sites such as Google. You agree and acknowledge that your use of such social network services is subject to such terms and conditions and / or privacy policies of such social network sites, and agree to abide by such requirements.
  • You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow an employee or agent to access the Analysis Service on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify Retenssion immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Analysis Service.
  • Creation: Accounts are created via email, Google, LinkedIn, or Apple using Clerk (our authentication provider).
  • Responsibility: You are liable for all activities under your Account. Notify us immediately of unauthorized access.

5. Data Ownership & Usage

  • Your Data: You retain ownership of Data collected through the Service.
  • Our Rights: We may use Data to improve the Service and create aggregated, anonymized reports. We do not sell your Data.
  • Opt-Out: Users may opt out of marketing emails via the "unsubscribe" link.

6. Third-Party Integrations

  • Payment Processing: Integrated with Paddle. All payment data is handled by Paddle, subject to Paddle’s Terms.
  • AI Analysis: OpenAI models are used to analyze user feedback and generate insights. Data shared with OpenAI is governed by OpenAI’s Terms.
  • General: Third-party services operate under their own terms. We are not liable for their actions, outages, or compliance. You are responsible for ensuring integrations comply with applicable laws (e.g., GDPR).

7. Payments & Subscriptions

  • Your Plan, which may start with a Free Trial Period (described below), will renew automatically and continue month-to-month or year-to-year (depending on your Plan) unless and until you cancel your Plan or we terminate it, in each case pursuant to the terms of this Agreement. You must cancel your Plan before it renews in order to avoid fees due under the next billing cycle. To view the specific details of your Plan, including the commencement date of your next renewal period, visit the Retenssion Website, login at https://www.retenssion.com/login and from the sidebar navigation select “Account”, then “Your Profile”, after logging in. We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.
  • We reserve the right to deactivate your access to the Analysis Service for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
  • The Service is subscription-based, with the option to purchase additional credits. We accept Google Pay, credit/debit cards, and Apple Pay. Subscriptions automatically renew. You can cancel your Subscription in your Account settings, and you will retain access until the end of the current billing cycle. We do not offer refunds. We may change our pricing; we will provide at least 15 business days' notice before any price changes take effect, allowing you to cancel your Subscription.
  • Renewals: Subscriptions auto-renew. Cancel anytime via Account settings (access continues until the billing cycle ends).
  • Refunds: No refunds except as required by law.
  • Price Changes: We will notify you 30 days before changes take effect.

7.1 Payment Terms, Refunds, and Upgrade and Downgrade Terms

  • The fees for your Plan are billed in advance, are non-refundable, and automatically renew on a monthly or annual basis, as specified in your Plan. No refunds or credits will be provided for partial months of the Analysis Service, upgrades/downgrades, or for months unused with an open account.
  • If you downgrade your Plan level, your credit card will automatically be charged the new rate beginning with your next billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. Retenssion does not accept any liability for such loss.
  • If you upgrade your Plan level, your credit card will immediately be charged a pro-rated amount reflecting the increased rate, and you will be charged the full amount of the new rate beginning with your next billing cycle.
  • Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.

8. User Conduct and Responsibilities

You may use the Service only to improve your website and gather data for website improvements.

Prohibited Activities: You agree not to:

  • Use the Service for any illegal or unauthorized purpose.
  • Violate any applicable laws or regulations.
  • Interfere with or disrupt the Service or its servers.
  • Attempt to gain unauthorized access to any part of the Service.
  • Impersonate any person or entity.
  • Scrape, reverse engineer, or decompile any part of the Service.
  • Distribute malware or other harmful code.
  • Violate the intellectual property rights of others.
  • Use the Service to collect personally identifiable information without consent.
  • Use the Service in any way that could damage, disable, overburden, or impair the Service.

9. Account Termination

We may terminate your Account at any time for any reason, including but not limited to violations of these Terms or applicable laws. We will make reasonable efforts to notify you of termination.

10. Intellectual Property

We own all rights, title, and interest in the Service, including the domain name, application, logo, and software. "License" refers to the permission we grant you to use the Service according to these Terms. This is a non-exclusive, non-transferable license. You own all rights, title, and interest in the Data you collect using the Service. You grant us a non-exclusive, perpetual, worldwide, royalty-free license to use the Data in anonymized and aggregated form for research, development, and improvement of the Service. You grant us a royalty-free, fully paid, sub-licensable, transferable, non-exclusive, irrevocable, perpetual, worldwide right and license to make, use, sell, offer for sale, import, and otherwise exploit any feedback you provide (including by incorporating such feedback into the Service) without restriction.

11. Disclaimers and Limitations of Liability

  • Warranty Disclaimer: The Service is provided "as is" without any warranties, express or implied, including warranties of accuracy, reliability, availability, or fitness for a particular purpose. We do not guarantee the accuracy of Data collected from users' websites. Our service is hosted on Hetzner with a 99% uptime guarantee; however, we are not responsible for Hetzner's downtime.
  • Limitation of Liability: To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of or related to these Terms or the Service will not exceed the amount you have paid us for the Service in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including attorney's fees) arising out of your use of the Service or your breach of these Terms, including any claims related to the Data you collect or your use of Third-Party Services.

13. Governing Law and Dispute Resolution

These Terms will be governed by the laws of Kosovo. Any disputes arising under these Terms will be resolved through binding arbitration in Kosovo.

14. Other Provisions

  • Changes to Terms: We may update these Terms at any time. We will notify you of changes via email. Your continued use of the Service after the changes take effect constitutes your acceptance of the revised Terms.
  • Entire Agreement: These Terms, along with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and us regarding the Service.
  • Severability: If any provision of these Terms is held to be invalid, the remaining provisions will remain in full force and effect.
  • Contact Information: Retenssion, Prizren, support@retenssion.com

15. Contact Us

If you have any questions about these terms, please contact us at support@retenssion.com.

Last updated: 2/10/2025