Terms of Service

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Please read these terms carefully. They limit our liability and make you responsible for consent on your own sites and apps. For disputes they set Indian law if you are in India, Estonian law if you are in the European Union or the United Kingdom, and Ontario law everywhere else.

1. The agreement

YOM is run by three companies in the same group. Which one you deal with depends on where you are. For a business account, that is the country of the business's billing address.

• India: Aapastech Private Limited (CIN U72900DL2022PTC395508; registered office 8/3, 2nd Floor, Roop Nagar, Delhi 110007, India). It is the data fiduciary for your personal data under Indian law.
• European Union and United Kingdom: Aapastech OÜ (registry code 16453146, VAT EE102489493, Tornimäe tn 3 // 5 // 7, 10145 Tallinn, Estonia). It is the controller of your personal data under the GDPR and the UK GDPR.
• Everywhere else: 14818032 Canada Inc. (Burlington, Ontario, Canada). It is the controller of your personal data.

The three companies share engineering, hosting and support, and each processes personal data for the others under a written intra-group agreement. In this document “YOM”, “we” and “us” mean whichever of them you deal with.

These Terms of Service (the “Terms”) are an agreement between that company and the person or organisation that creates an account or uses YOM (Your Own Metrics) (“you”, “Customer”). If you accept these Terms for an organisation, you confirm you have authority to bind it, and “you” means that organisation.

The agreement is made up of: any order form or other document signed by both parties (an “Order”); the Data Processing Addendum (“DPA”), together with the YOM Intent Addendum if you turn on YOM Intent; these Terms; and the Acceptable Use Policy. If they conflict, that order applies, except that the DPA (and, for YOM Intent, the Intent Addendum) controls on the processing of personal data. You accept these Terms by creating an account, clicking to accept them, or using the Service.

YOM is a business service. You must be at least 18 and use it for your trade, business, craft or profession. Section 21 explains how consumer-protection law applies if you are not a business.

2. Definitions

• Service: the YOM platform, including the dashboard, APIs, ingest endpoints, SDKs, MCP server, client portals, embeds, email reports, connectors, plugins and documentation we make available, as updated from time to time.
• Customer Data: data you, your users or your sites and apps submit to the Service, including events about your end users (“End Users”) and the reports derived from them.
• Account Data: information about you and your authorised users that we need to run the account, such as names, emails, sign-in and billing details.
• Authorised Users: your employees, contractors, clients and other people you allow to use the Service under your account, including through keys, tokens or client portals.
• Fees: the amounts payable for the Service under your plan or an Order.

3. Accounts and access

• Give us accurate account information and keep it current.
• Keep passwords, secret keys, management keys and embed tokens confidential. Only publishable keys may be put in client-side code. Anything done with your credentials is treated as done by you.
• Tell us promptly at contact@aapastech.com if you suspect unauthorised use of your account or keys.
• You are responsible for your Authorised Users’ compliance with these Terms, and for the access you give them, including client-portal logins and sub-tenant keys.

Accounts a partner opens for you

A platform you use, such as a website builder (a “Partner”), can open a YOM account in your name and run it for you. Until you claim that account:

• the Partner is our customer for it. The Partner has accepted these Terms for the account, pays for it, and is responsible for it as section 7 describes for customers who serve their own clients;
• the Partner’s own agreement with you governs what the Partner does with the account, and we process the data in it on the Partner’s instructions under the DPA; and
• our obligations for the account are owed to the Partner. This does not take away any right the law gives you.

You can claim the account with the link the Partner gives you. When you claim it you become its owner, and you accept these Terms, the DPA and our Privacy Policy for your own use of YOM. The Partner keeps the access you allow, and pays for the account’s usage while it has that access. You can remove the Partner’s access at any time in Settings, Access. From then on the Partner no longer pays for the account, and our normal plans and Fees apply to it. If the Partner closes an account that nobody has claimed, we delete it as section 17 describes.

4. The Service, plans and limits

Subject to these Terms and payment of applicable Fees, we grant you a non-exclusive, non-transferable right, during the term, to use the Service for your internal business purposes and, where your plan allows, to provide reports and portals to your own clients and customers.

Each plan has quotas and limits, such as event volume, data retention, export windows, destinations, sub-tenants, portals and scheduled reports. Limits are shown in the product and on our pricing page. Rate limits and fair-use limits also apply to protect the Service for everyone. If you exceed a limit, we may throttle, queue, sample, drop or refuse the excess, or ask you to move to a suitable plan. On a free plan, events over the monthly allowance may not be processed.

Some numbers YOM reports, such as funnels, attribution and unique-visitor counts, are statistical estimates. Conversion counts are deduplicated on the event id you send. The accuracy of any report depends on the data your sites and apps send, the consent your End Users give, and factors outside our control such as ad blockers and network failures.

We may change, add or remove features. We will not materially reduce the core functionality of a paid plan during a billing period you have already paid for, except where needed for security, legal compliance or a third-party change outside our control.

5. Fees, billing and taxes

• The Free plan has no Fees. Pay-as-you-go Fees are calculated on the graduated rates published on our pricing page when the usage occurs, and are billed in arrears unless an Order says otherwise.
• Payments are processed by our payment providers. You authorise us and them to charge your payment method for Fees when due. Fees are non-refundable except where these Terms or the law require a refund.
• Each company bills and collects payment from its own customers: Aapastech Private Limited in India, Aapastech OÜ in the European Union and the United Kingdom, and 14818032 Canada Inc. everywhere else.
• Fees exclude taxes. You pay all applicable sales, use, goods and services, harmonized, value-added and similar taxes, other than taxes on our net income.
• If a payment fails or is overdue, we may suspend paid features or the account after giving you at least 7 days’ notice. Overdue amounts may carry interest at 1% per month (12% per year) or the highest rate the law allows, whichever is lower.
• We may change prices with at least 30 days’ notice. Changes apply from your next billing period. If you don’t agree, you can stop using the paid plan before the change takes effect.
• Dispute a charge in good faith within 60 days of the invoice, or it is final.

6. Customer Data and privacy

As between you and us, you own Customer Data. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display Customer Data as needed to provide, secure and support the Service, to deliver it to the destinations you configure, and as described in the DPA. We process personal data in Customer Data as your processor or service provider, under the DPA, which forms part of these Terms. For YOM Intent audience exports, the Intent Addendum sets out our role.

We may create aggregated or de-identified data from the operation of the Service and from Customer Data, and use it to run, secure and improve the Service and to publish benchmarks and industry reports, which we may share with others. A statistic never names you, your End Users or any individual, and is never presented in a way that would let someone identify them. Every statistic we publish or share comes from at least 100 people and at least 5 customers, and no single customer makes up more than a quarter of it. It uses data at least 30 days old and includes no prices and no forward-looking figures. It contains no personal data. We take reasonable technical and organisational steps so it can’t be linked back to anyone, we won’t try to re-identify anyone, and anyone we share it with must agree not to try either. We never use data received through Shopify’s APIs, webhooks, pixels or app extensions, or data about people in Quebec, for this.

We will not sell Customer Data. We do not use it to build profiles of End Users or for advertising, except when you turn on YOM Intent. Then we build interest profiles and send audiences for you alone, from your own sites and apps and on your instructions, under the YOM Intent Addendum, which becomes part of these Terms when you turn YOM Intent on. YOM Intent is off unless you turn it on, and it is not offered to customers in the European Union or the United Kingdom.

Our handling of Account Data and of website visitors’ information is described in our Privacy Policy.

7. Your responsibilities, including consent

You are solely responsible for:

• Lawful basis and consent. Having a lawful basis, and obtaining any consent required, for every piece of data your sites and apps send to YOM and for every destination you forward data to, under all laws that apply to you and your End Users (including India’s Digital Personal Data Protection Act, 2023, PIPEDA, Quebec’s Law 25, Canada’s anti-spam legislation, the GDPR and UK GDPR, the ePrivacy rules, and US state privacy laws).
• Notices. Telling End Users about your use of analytics and of any destination, in a privacy notice and, where required, a consent banner you control.
• Configuration. Choosing settings that fit your legal obligations, such as the consent mode, the Global Privacy Control and Do Not Track policy, PII scrubbing, retention, and which destinations receive which events. YOM’s privacy defaults are safeguards, not legal advice, and they do not make your use compliant on their own.
• Server events. The content of events you send from your servers, which YOM does not scrub.
• Sensitive data. Not sending data the Acceptable Use Policy prohibits, including health information and other sensitive categories, unless we have agreed otherwise in a signed document.
• End-User requests. Responding to requests from your End Users. We will help as the DPA describes.
• Your clients. Where you use YOM to serve your own clients (for example as an agency or platform), having your own agreements with them that permit the processing.

8. Acceptable use

You must comply with the Acceptable Use Policy, which is part of these Terms.

You must not use YOM to collect or store data you have no right to collect, to track children, or for anything unlawful. If you do, we can suspend or end your access and delete the data, and we will report offences that the law requires us to report.

9. Suspension

We may suspend all or part of your access to the Service, or disable specific keys, tokens, portals or destinations, if we reasonably believe: you have breached these Terms or the Acceptable Use Policy; your use poses a security risk to the Service or others, or could expose us or others to liability; your use is unlawful or we are required by law to do so; or Fees are overdue as described in section 5. We will give notice where practical and lawful, limit the suspension to what is reasonably needed, and lift it once the cause is resolved. Suspension does not relieve you of Fees for usage that occurred.

10. Early-access, beta and coming-soon features

Features labelled “early access”, “beta”, “preview” or similar (including, at the date above, the WooCommerce plugin and the Looker Studio connector) are provided “as is” and “as available”, may be changed or withdrawn at any time, may have limited support, and are excluded from any warranty, support or service commitment. Features described as “coming soon” or on a roadmap are not part of the Service until released, and you should not rely on them when deciding to buy.

11. Destinations and third-party services

The Service can send Customer Data to services you choose, such as webhooks, Meta, Google Analytics, cloud storage buckets, data warehouses, Shopify, WooCommerce and Looker Studio (“Third-Party Services”). When you configure a destination or connector, you instruct us to send that data, and the Third-Party Service’s own terms and privacy practices govern what it does with it. Third-Party Services are not our sub-processors and we are not responsible for them, their availability, or changes to their APIs that affect the Service. You are responsible for having the right to send the data and for the credentials you give us.

12. Intellectual property and feedback

We and our licensors own the Service, including its software, SDKs, designs, documentation and all improvements, and all intellectual property rights in them. Except for the rights expressly granted in these Terms, no rights are granted to you. Open-source components are licensed under their own licences, which prevail for those components.

If you give us suggestions, ideas or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it for any purpose without obligation to you. You are not required to give feedback.

You may refer to YOM in the ordinary course. We may identify you as a customer only with your permission.

13. Confidentiality

Each party will protect the other’s non-public information that is marked or reasonably understood as confidential with at least reasonable care, use it only to perform this agreement, and disclose it only to people who need to know it and are bound by similar duties, or where the law requires (with notice where lawful). This does not apply to information that is public through no fault of the recipient, already known to it, independently developed, or rightfully received from someone else. Customer Data is also protected by the DPA.

14. Disclaimer of warranties

To the maximum extent permitted by law, the Service, including all reports, estimates, AI-generated outputs, connectors and early-access features, is provided “as is” and “as available”. We and our suppliers disclaim all warranties and conditions, express, implied or statutory, including merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement, and any arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free or secure, that data will not be lost or delayed, that reports will be accurate or complete, or that use of the Service will make you compliant with any law. Nothing we say on our website or in support is legal advice.

15. Limitation of liability

To the maximum extent permitted by law: (a) neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business, goodwill, anticipated savings, or data (other than our obligation to restore from available backups), however caused and even if advised of the possibility; and (b) each party’s total aggregate liability arising out of or relating to this agreement will not exceed the Fees paid and payable by you to us for the Service in the 12 months before the event giving rise to the liability, or, if you have paid no Fees in that period, CAD $100.

The limits in this section do not apply to: your obligation to pay Fees; your indemnity obligations; your breach of section 7 or the Acceptable Use Policy; either party’s infringement or misappropriation of the other’s intellectual property; or liability that cannot be limited by law, such as for fraud, wilful misconduct, or death or personal injury caused by negligence. These limits apply to all claims together, in contract, tort (including negligence), statute or otherwise, and are an essential basis of our pricing.

16. Indemnity

You will defend, indemnify and hold harmless us, our affiliates (including the other companies named in section 1), and their directors, officers, employees and agents from and against any third-party claim, regulatory investigation or proceeding, and resulting losses, damages, fines, penalties, costs and reasonable legal fees, arising out of or relating to: (a) Customer Data, including any claim that its collection, use or forwarding infringed a person’s privacy or other rights or lacked a lawful basis or consent; (b) your sites, apps, products and services; (c) your use of the Service, including use by your Authorised Users and clients; (d) your configuration of destinations and Third-Party Services; or (e) your breach of these Terms or of law. We will notify you promptly of a claim, let you control its defence (you may not settle it in a way that admits fault by us or imposes obligations on us without our consent), and give reasonable help at your expense. We may take part with our own counsel at our own cost.

17. Term, termination and your data

• These Terms apply from when you first accept them until your account is closed.
• You may stop using the Service and close your account at any time, either with Close organisation in the dashboard settings (account owners) or by asking us at contact@aapastech.com. You can restore a closed account during the 30 days after you close it. Fees for usage up to closing remain payable.
• We may terminate for convenience with at least 30 days’ notice. We may terminate immediately on notice if you materially breach these Terms and do not cure the breach within 15 days of notice (or at once if it cannot be cured), if you repeatedly breach the Acceptable Use Policy, or if you become insolvent. We may close free accounts that have had no activity for 12 months, after giving notice.
• Export before you go. While your account is active you can export Customer Data with the tools in the Service, within the export windows of your plan. For 30 days after termination (other than termination for your breach of the Acceptable Use Policy or for legal reasons), you may ask us in writing to give you an export of Customer Data that we still hold, in a commonly used format.
• Deletion. After that 30-day period we delete Customer Data automatically, and in any case within 180 days after termination as described in the DPA, except where the law requires us to keep it. Deleting a project deletes its data the same way. Before termination, event records and reports are kept according to your plan’s retention and your settings, and the raw event archive for the life of each project.
• Sections that by their nature should survive termination survive, including sections 5 (for amounts owed), 6, 12 to 16, 17, and 20 to 22.

18. No service-level commitment

We work to keep the Service available and fast, but we do not offer an uptime or response-time commitment, service credits or a specific support response time unless an Order signed by both parties says so. Planned maintenance and outages of our infrastructure providers can interrupt the Service.

19. Changes to the Service and these Terms

Section 4 covers changes to the Service. We may change these Terms. If a change matters to you, we will tell you by email or in the product at least 30 days before it takes effect, unless the change is required by law sooner. Using YOM after a change takes effect means you accept it. If you do not agree, you can cancel before that date and we will refund any prepaid Fees for the unused period. The “Last updated” date shows the current version. Changes do not apply retroactively to disputes already notified.

20. Governing law and disputes

Before starting proceedings, the party with a dispute will notify the other in writing and both will try in good faith to resolve it for 30 days. Any claim must be brought within one year after the cause of action arises, to the extent the law allows. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you are in India, Indian law governs these Terms and the courts at Delhi have jurisdiction. If you are in the European Union or the United Kingdom, Estonian law governs them and the Harju County Court in Tallinn has jurisdiction, but you keep any protection that the mandatory law of the country where you live gives consumers. Everywhere else, the laws of the Province of Ontario and the federal laws of Canada that apply there govern them, and the courts of Ontario have jurisdiction.

The parties may agree in writing to resolve a particular dispute by arbitration instead. In every case, either party may seek urgent injunctive relief, or relief to protect its intellectual property or confidential information, in any court of competent jurisdiction.

21. Consumers and non-waivable rights

The Service is intended for businesses. If, despite that, you use it as a consumer, or the law of the place you live gives you rights that cannot be excluded or limited by contract (including consumer-protection law in India, the European Union, the United Kingdom, Quebec or elsewhere in Canada), nothing in these Terms excludes or limits those rights, and any provision that would do so (including on governing law, choice of courts, warranties, liability or notice of changes) applies only to the extent the law permits. Residents of Quebec who are consumers may bring proceedings in the courts of Quebec.

22. General

• Entire agreement. The documents listed in section 1 are the entire agreement on their subject and replace prior discussions. Terms in your purchase orders or other documents do not apply, even if we accept them.
• Assignment. You may not assign this agreement without our written consent. We may assign it to an affiliate or in connection with a merger, acquisition or sale of assets, with notice.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as outages of internet or cloud infrastructure providers, natural disasters, war, labour disputes or acts of government, other than payment obligations.
• Notices. We may send notices to the email address of the account owner or in the product. You send notices to contact@aapastech.com. Email notices are received when sent, unless a bounce is received.
• Sanctions and export. You confirm you are not on a Canadian, US, UK or EU sanctions list and will not use the Service in breach of export or sanctions laws.
• Relationship. The parties are independent contractors. There are no third-party beneficiaries.
• Severability and waiver. If a provision is unenforceable, it is limited to the minimum extent needed and the rest stays in effect. Failing to enforce a provision is not a waiver.
• Language. The parties have required that this agreement and all related documents be drawn up in English. Les parties ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais. A French version is available on request from contact@aapastech.com.

23. Contact

In India: Aapastech Private Limited, registered office 8/3, 2nd Floor, Roop Nagar, Delhi 110007, India; +91 96677 47082. In the European Union and the United Kingdom: Aapastech OÜ, registry code 16453146, VAT EE102489493, Tornimäe tn 3 // 5 // 7, 10145 Tallinn, Estonia. Everywhere else: 14818032 Canada Inc., Burlington, Ontario, Canada, +1 437 800 0190. Email for all three: contact@aapastech.com.

Complaints about YOM, about content or data we hold, or about how we handle personal data go to our Grievance Officer, Shikha Gupta.