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Terms of Service

Updated: May 26, 2026

These Terms of Service (“Terms“) form a binding agreement between SegMetrics, Inc. (“SegMetrics,” “we,” “our,” or “us“) and the person or entity that creates a SegMetrics account or otherwise uses the Services (“Customer,” “you,” or “your“).

By creating an account, signing an order form, or using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

These Terms replace any prior Terms of Service between you and SegMetrics in respect of the Services. For questions about these Terms, contact support@segmetrics.io.

1. The Services

“Services” means the SegMetrics marketing attribution and analytics platform, our application at app.segmetrics.io, our websites at segmetrics.io and related domains (the “Sites“), our API, integrations, related software, and any associated documentation. Professional services and specialized programs (see Section 17) are not part of the Services and are governed by separate agreements.

We may offer features designated as “beta,” “preview,” “experimental,” or similar. Beta features are provided as-is, may be modified or removed at any time without notice, and are excluded from any warranty or service commitment that might otherwise apply to the Services.

2. Account Eligibility

To use the Services, you must:

  • be at least 18 years old;
  • be a natural person creating the account, or be authorized to act on behalf of the entity for which you are creating the account;
  • not be barred from using the Services under the laws of the United States, your country of residence, or your country of use; and
  • provide accurate and complete information at sign-up.

You are responsible for all activity that occurs under your account, including the activity of your team members, contractors, and other authorized users. You are responsible for the security of your credentials and for promptly notifying us of any unauthorized access. Sharing accounts to circumvent fees is prohibited.

3. Free Trial

We may offer a free trial of the Services for a duration communicated to you at sign-up. The trial ends automatically at the end of the trial period. If you do not enter payment information and elect a paid subscription before the trial ends, your access to the Services will end. Trial accounts have no service commitments, and we may modify, suspend, or end the trial at any time, with or without notice.

4. Subscriptions, Fees, and Auto-Renewal

4.1 Subscription terms

Paid Services are provided on a subscription basis. The subscription term (monthly, annual, or as otherwise offered) is selected at sign-up and begins on the date payment is first processed.

4.2 Auto-renewal

Subscriptions renew automatically at the end of each term for an additional term of the same length, charging the payment method on file at the then-current rate, unless you cancel before the renewal date as described in Section 6.

We send renewal reminders by email before each renewal where required by applicable law. The reminder identifies the renewal date, the amount to be charged, and instructions for cancelling.

4.3 Payment

You authorize us to charge your payment method for fees as they become due. All fees are stated in U.S. dollars unless otherwise specified. Fees are exclusive of all taxes and duties; you are responsible for any applicable taxes other than taxes on our net income.

If a charge fails, we may suspend your access to the Services until payment is received. We may pass through fees we incur as a result of failed payments (for example, bank fees).

4.4 Price changes

We may change subscription prices on at least 30 days’ notice before the start of the next billing cycle. If you do not agree to a price change, you may cancel before the change takes effect.

4.5 Card data

We do not store credit card details. Payment processing is handled by Stripe; your card information is provided directly to Stripe and is subject to Stripe’s terms and privacy policy.

5. Refunds

We will refund any payment made within the 30 days preceding your refund request. This applies uniformly to all subscription payments, regardless of plan length.

We do not provide:

  • partial refunds for unused time within a billing period;
  • refunds based on non-use of the Services after the 30-day window has passed;
  • refunds outside the 30-day window for any reason.

Refunds are processed to the original payment method. Refund eligibility for professional services and specialized programs is governed by the separate agreement for that service (see Section 17).

6. Cancellation, Suspension, and Termination

6.1 Cancellation by you

You may cancel your subscription at any time through your account settings or by emailing support@segmetrics.io. Cancellation takes effect at the end of your current billing period; we will not auto-renew. You may continue to use the Services through the end of your paid period.

6.2 Termination or suspension by SegMetrics

We may suspend or terminate your account at any time, in our sole discretion, for any reason or no reason, with or without notice. We are not liable to you or any third party for any termination or suspension.

Without limiting the foregoing, we will typically exercise this right where you:

  • breach these Terms;
  • misuse or attempt to abuse the Services;
  • transmit Protected Health Information through the Services in violation of Section 8.4;
  • fail to pay fees when due; or
  • create a security, legal, or operational risk for us, other Customers, or third parties.

6.3 Effect of termination

On termination of your account:

  • your access to the Services ends;
  • the handling of Customer Data after termination is governed by Section 14 of our Data Processing Agreement at segmetrics.io/dpa/;
  • accrued payment obligations remain due;
  • the provisions that by their nature should survive termination (see Section 22.9) survive.

7. Customer Data

7.1 Ownership

As between you and SegMetrics, you own all data you upload, import, transmit, or otherwise make available through the Services (“Customer Data“). We do not claim ownership of Customer Data.

7.2 License to SegMetrics

You grant SegMetrics a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, and display Customer Data solely as necessary to:

  • provide the Services to you;
  • comply with applicable law;
  • secure the operation of the Services; and
  • improve the Services, limited to aggregated, de-identified data that no longer identifies you or any individual.

This license is limited in scope and duration and terminates when Customer Data is deleted from our active systems in accordance with the DPA.

7.3 Data Processing Agreement

To the extent Customer Data includes Personal Data (as defined in our Data Processing Agreement), our processing of that data is governed by the DPA at segmetrics.io/dpa/, which is incorporated into these Terms by reference. The DPA applies automatically to all Customers without further signature. In the event of conflict between these Terms and the DPA on matters of data protection, the DPA controls.

7.4 Restrictions on our use of Customer Data

In addition to the commitments in the DPA, we will not:

  • sell Customer Data;
  • use Customer Data to train artificial intelligence or machine-learning models;
  • disclose Customer Data to third parties except as necessary to provide the Services (through subprocessors listed at segmetrics.io/subprocessors/) or as required by law.

7.5 Your responsibilities for Customer Data

You represent and warrant that:

  • you have all rights, consents, and lawful bases necessary to provide Customer Data to us and to authorize our processing of it;
  • Customer Data does not violate any applicable law, regulation, or third-party right;
  • Customer Data does not contain unlawful, infringing, defamatory, or otherwise objectionable material.

8. Acceptable Use

8.1 Prohibited activities

You agree not to:

  • use the Services in a manner that could damage, disable, overburden, or impair our infrastructure;
  • attempt to gain unauthorized access to any part of the Services, other Customer accounts, or our systems;
  • circumvent or attempt to circumvent any access controls, rate limits, quotas, or security measures;
  • reverse engineer, decompile, or attempt to extract source code from the Services, except as expressly permitted by law;
  • use the Services to develop or operate a competing product;
  • use any automated means (bot, scraper, etc.) to access the Services other than through documented APIs and in compliance with their rate limits;
  • impersonate SegMetrics or any other person or entity;
  • collect or store personal data about other Customers, end users, or SegMetrics personnel; or
  • use the Services in a manner inconsistent with these Terms or applicable law.

8.2 Quotas and rate limits

We may enforce quotas and rate limits on use of the Services, including the API, at our discretion. Exceeding these may result in throttling or temporary loss of access.

8.3 Customer team members

You are responsible for the conduct of all team members, contractors, agents, and other authorized users on your account, including any compliance failures that result from their actions.

8.4 PHI prohibition

You agree not to upload, transmit, store, or otherwise process Protected Health Information (“PHI“) as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA“) through the Services unless you have entered into a written Business Associate Agreement (“BAA“) with SegMetrics in advance and that BAA is in force at the time of processing.

Transmitting PHI through the Services without an executed BAA is a material breach of these Terms. We may suspend or terminate your account immediately upon discovery, without prior notice and without liability to you, and you will indemnify us for any resulting losses (Section 15).

9. Confidentiality

Each party may disclose to the other non-public information about its business, technology, finances, operations, customers, or strategy (“Confidential Information“). The receiving party agrees to:

  • use Confidential Information only as necessary to exercise its rights or perform its obligations under these Terms;
  • protect Confidential Information with at least the same degree of care it uses for its own confidential information of similar type, and no less than reasonable care; and
  • not disclose Confidential Information to third parties except to its employees, contractors, advisors, and agents who have a need to know and who are bound by confidentiality obligations at least as protective as these.

Confidential Information does not include information that is or becomes publicly known through no fault of the receiving party, was lawfully known to the receiving party before disclosure, is independently developed without reference to Confidential Information, or is rightfully obtained from a third party without confidentiality obligations.

Customer Data is your Confidential Information. The Services, our methods, our pricing, and our non-public business information are our Confidential Information. Either party may disclose Confidential Information if required by law or legal process, provided that, where legally permitted, it gives the other party prompt notice and a reasonable opportunity to seek a protective order.

10. SegMetrics’ Intellectual Property

The Services, including all software, documentation, designs, interfaces, methodologies, attribution algorithms, and other materials we make available, are and remain the property of SegMetrics or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during the term of your subscription, solely for your internal business purposes and in accordance with these Terms.

You may not remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Services. “SegMetrics” and our logos are our trademarks; nothing in these Terms grants you any rights in our trademarks.

Open-source components included in the Services are governed by their respective open-source licenses, which control to the extent they conflict with these Terms with respect to those components.

11. Feedback and Publicity

11.1 Feedback

If you provide us with suggestions, comments, or ideas about the Services (“Feedback“), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use Feedback without restriction or compensation to you. Feedback is not your Confidential Information.

You agree that we may use your name and logo on our website, in customer lists, and in promotional materials to identify you as a SegMetrics customer. We may resize or adjust your logo for visual consistency. We will stop using your name and logo on your written request to support@segmetrics.io.

12. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SEGMETRICS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED OPERATION.

WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; OR THAT RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. ATTRIBUTION, SCORING, AND ANALYTICS OUTPUTS ARE ESTIMATES; YOU SHOULD INDEPENDENTLY VERIFY ANY OUTPUT BEFORE RELYING ON IT FOR BUSINESS DECISIONS.

WE DO NOT WARRANT THE PERFORMANCE, RELIABILITY, OR AVAILABILITY OF ANY THIRD-PARTY SERVICE OR INTEGRATION THAT YOU CONNECT TO THE SERVICES.

13. Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SEGMETRICS IS CANCELLATION OF YOUR SUBSCRIPTION. IN NO EVENT SHALL SEGMETRICS’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING FROM YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID SEGMETRICS TO UTILIZE THE SERVICES, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

IN NO EVENT SHALL SEGMETRICS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES; FOR LOST PROFITS, LOST DATA, LOST GOODWILL, OR LOST BUSINESS OPPORTUNITIES; OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, EVEN IF SEGMETRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 13 DO NOT APPLY TO: (A) LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (B) LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; (C) CUSTOMER’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 14; (D) CUSTOMER’S PAYMENT OBLIGATIONS; OR (E) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

14. Indemnification

You will defend, indemnify, and hold harmless SegMetrics, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any third-party claim, demand, suit, proceeding, loss, liability, damage, fine, penalty, or expense (including reasonable attorneys’ fees) arising from or in any way related to:

  • your use of the Services;
  • your breach of these Terms or any representation or warranty in them;
  • your violation of any applicable law in connection with your use of the Services;
  • Customer Data, including Customer Data that infringes a third-party right or violates applicable law; or
  • your transmission of PHI through the Services without a signed BAA in force.

We will provide you prompt written notice of any claim for which we seek indemnification. You may control the defense and settlement of any indemnified claim, provided that you will not settle any claim that imposes any non-monetary obligation on us, or that admits fault by us, without our prior written consent. We may participate in the defense at our own expense.

15. Modifications to Terms and Services

15.1 Modifications to Services

The Services may change from time to time. We may add, remove, or modify functionality, integrations, pricing tiers, plan limits, and other features at our discretion. Material reductions in functionality for paid Services will be communicated in advance where reasonably possible. We are not liable to you for any modification, suspension, or discontinuance of the Services.

15.2 Modifications to these Terms

We may modify these Terms at any time, in our discretion. We may provide notice of changes by email to the account owner, by prominent notice in the Services, or by posting the updated Terms with a revised “Updated” date. You may reject any change by canceling your subscription before the change takes effect. Your continued use of the Services after a change takes effect constitutes your acceptance of the modified Terms.

16. Service Policies and Privacy

Your use of the Services is also subject to:

each of which is incorporated into these Terms by reference.

17. Programs and Professional Services

SegMetrics offers professional services and specialized programs under separate agreements, including:

  • Done-With-You Optimization Subscriptions — a paid program offered under a separate order form or program agreement. Done-With-You Optimization Subscriptions are non-cancellable for the first 90 days from purchase. After 90 days, you may cancel by contacting support@segmetrics.io. Refund eligibility for Done-With-You Optimization Subscriptions is governed by the separate program agreement and may differ from Section 5.
  • Accelerated Onboarding, Marketing Playbooks, and other implementation, training, or consulting services — offered under separate order forms or statements of work.

In the event of conflict between these Terms and a separate order form, program agreement, or statement of work for a specific service, the separate agreement controls for that specific service.

18. Affiliate Program — Branded Keywords Bidding Policy

If you participate in the SegMetrics affiliate program, the following branded keywords policy applies, in addition to any separate affiliate program terms.

You may not:

  • bid on, register, or purchase keywords, search terms, or identifiers that include the SegMetrics name, variations, misspellings, or any SegMetrics trademark, logo, or URL;
  • run pay-per-click campaigns targeting SegMetrics brand terms on Google Ads, Bing Ads, or any other search advertising network;
  • use SegMetrics brand terms in the visible ad text, headline, or display URL of any pay-per-click advertisement; or
  • direct pay-per-click campaigns to URLs containing SegMetrics brand terms or variations.

Failure to comply may result in immediate removal from the affiliate program, withholding or reduction of commission payments, and any other remedies available at law or equity.

We respect the intellectual property of others and require our Customers to do the same. We will respond to clear notices of copyright infringement under the Digital Millennium Copyright Act (“DMCA“). We may terminate the accounts of repeat infringers.

To file a notice of claimed infringement, send the following to our Designated Copyright Agent at support@segmetrics.io:

  • identification of the copyrighted work alleged to have been infringed;
  • identification of the allegedly infringing material with information sufficient to locate it on the Services;
  • your contact information (address, phone, email);
  • a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • your physical or electronic signature.

The Services may integrate with or link to third-party services that we do not control. Your use of any third-party service is governed by that service’s terms and privacy policies, not by these Terms. We do not endorse, sanction, or verify any third-party service, and we are not responsible for the performance, availability, accuracy, or content of any third-party service.

21. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without giving effect to its conflict-of-law principles, except where the mandatory law of your jurisdiction provides otherwise.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration in Delaware, administered by the American Arbitration Association under its Commercial Arbitration Rules.

You agree that any dispute will be resolved on an individual basis. Neither party may bring or participate in any class, collective, or representative action against the other.

This arbitration agreement does not preclude either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information.

22. General Provisions

22.1 Notices

Notices to SegMetrics must be sent to:

  • general matters: support@segmetrics.io
  • privacy and data protection matters: privacy@segmetrics.io
  • security matters: security@segmetrics.io

Notices to Customer will be sent to the account owner’s email address on file. Notices are effective when sent.

22.2 Assignment

You may not assign or transfer these Terms or your subscription without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, or to any parent, subsidiary, or affiliate. Any attempted assignment in violation of this Section is void.

22.3 Force Majeure

Neither party is liable for failure to perform (other than payment obligations) due to circumstances beyond its reasonable control, including acts of God, war, terrorism, pandemic, governmental action, labor disturbance, power outage, internet disturbance, or denial-of-service attack.

22.4 Independent contractors

The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship.

22.5 No waiver

Failure to enforce any provision of these Terms is not a waiver of that provision or the right to enforce it later.

22.6 Severability

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties’ original intent.

22.7 No third-party beneficiaries

These Terms do not create any rights enforceable by any third party.

22.8 Entire agreement

These Terms, together with the DPA, the Privacy Policy, and any order form or separate agreement we sign with you, constitute the entire agreement between you and SegMetrics regarding the Services and supersede any prior agreements, communications, or proposals.

22.9 Survival

Sections that by their nature should survive termination — including Sections 7 (Customer Data), 9 (Confidentiality), 10 (Intellectual Property), 11.1 (Feedback), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 21 (Governing Law and Dispute Resolution), and this Section 22 — survive termination of these Terms.

Contact

For questions about these Terms:

SegMetrics, Inc.
Email: support@segmetrics.io

For privacy questions: privacy@segmetrics.io
For security issues: security@segmetrics.io