Privatrak

Terms of Service

Last updated: March 9, 2026

These Terms of Service ("Terms") govern your access to and use of the Privatrak product analytics service ("Service") provided by Omexa LLC, a Wyoming limited liability company ("Privatrak", "we", "us", "our").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Account Terms

  • You must provide a valid email address, your name, and a password of at least 8 characters to create an account.
  • You are responsible for maintaining the security of your account credentials. Privatrak is not liable for any loss or damage arising from your failure to maintain account security.
  • You are responsible for all activity that occurs under your account.
  • You must be a human. Accounts registered by automated methods (bots, scripts) are not permitted.
  • You must be at least 18 years old or the age of legal majority in your jurisdiction to use the Service.

2. Acceptable Use

You agree to use the Service only for lawful purposes. You may not:

  • Use the Service to track users in violation of applicable privacy laws or without appropriate disclosure in your own privacy policy
  • Circumvent or attempt to circumvent plan limits, rate limiting, or security measures
  • Use the Service to collect data types prohibited in our Privacy Policy (protected health information, children's data, financial account numbers, government IDs)
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use the Service to transmit malware, viruses, or harmful code
  • Scrape, crawl, or use automated tools to access the Service beyond the provided API
  • Interfere with the integrity or performance of the Service
  • Resell, sublicense, or redistribute the Service without our prior written consent
  • Use the Service in any way that violates applicable law

We reserve the right to suspend or terminate your account for violations of these terms without prior notice.

3. Payment and Billing

  • The Service offers a free tier and paid subscription plans.
  • Paid plans are billed in advance on a monthly basis through our billing partner, Paddle (Paddle.com Market Limited).
  • All fees are non-refundable except as required by applicable law.
  • Unused event allocations at the end of a billing period are forfeited and do not roll over.
  • If your event usage exceeds your plan limit, additional events will be rejected (not stored). We will notify you when your usage reaches 80% and 100% of your plan limit.
  • We reserve the right to change pricing for paid plans. Price changes for existing customers will take effect no earlier than 30 days after notice via email.

4. Cancellation and Termination

By you

  • You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period.
  • After cancellation, your account will revert to the free tier. Data exceeding the free tier's retention period will be deleted per our standard retention policy.
  • You may delete your account entirely at any time. Account deletion is immediate and permanent — all data, including analytics data for projects you solely own, will be permanently destroyed.

By us

  • We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice.
  • Verbal, physical, written, or other abuse (including threats or intimidation) directed at any Privatrak team member may result in immediate account termination.
  • Upon termination by us, we will make reasonable efforts to provide you with advance notice so you can review your data through the dashboard, unless termination is for cause (violation of these Terms or applicable law).

5. Data Ownership and Intellectual Property

Your data

  • You own all analytics data collected through your use of the Service. We claim no intellectual property rights over your website data or analytics data.
  • We will never sell, share, or monetize your analytics data or your visitors' data to any third party.
  • You can view all data associated with your projects through the dashboard.

Our service

  • The Privatrak name, logo, and the visual design of the Service are the property of Omexa LLC. You may not reproduce, copy, or reuse any portion of the visual design, branding, or trademarks without prior written consent.
  • Feedback, suggestions, or ideas you provide about the Service may be used by us without obligation to you.

6. Customer Responsibility for Data Content

This is an important section. Please read it carefully.

Privatrak is designed as a privacy-first product analytics tool that collects no personal information by default. However, the Service allows you to send custom events with arbitrary attributes, session traits, and custom tracking attributes via data-track / data-track-* HTML attributes. You are solely responsible for all data you send to Privatrak.

Your obligations

  • You warrant that you have a lawful basis under applicable law (including GDPR, CCPA, and other privacy regulations) to collect and transmit any data you send to Privatrak.
  • You are responsible for maintaining your own privacy policy that accurately describes your data collection practices to your end users.
  • You must ensure that your use of the Service complies with all applicable privacy and data protection laws in the jurisdictions where you operate.
  • You must not use the Service in a manner that would require Privatrak to comply with industry-specific regulations (such as HIPAA, PCI-DSS, GLBA, or FERPA) unless you have a separate written agreement with us.

Prohibited data

You must not send the following data types to Privatrak through any mechanism (custom events, attributes, traits, custom tracking attributes, or otherwise):

  • Protected health information (as defined by HIPAA)
  • Personal data of children under 13 years of age (as defined by COPPA)
  • Credit card numbers, bank account numbers, or other financial account information
  • Social Security numbers, passport numbers, or other government-issued identification numbers
  • Authentication credentials (passwords, API keys, tokens) of any party

The Service includes automatic safeguards that exclude password fields, credit card input fields, and hidden form fields from interaction tracking. However, these safeguards do not apply to data sent via custom events, custom tracking attributes, or the JavaScript API, which is entirely under your control.

Your liability

You agree to defend, indemnify, and hold harmless Privatrak, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Data you send to Privatrak that you did not have the right to collect or transmit
  • Your violation of applicable privacy or data protection laws
  • Claims by your end users related to data you collected using the Service
  • Your breach of these Terms

7. Service Availability and Modifications

Availability

  • We provide the Service on an "as is" and "as available" basis.
  • We do not guarantee uninterrupted, timely, secure, or error-free service.
  • We are not liable for any downtime, service interruptions, or data unavailability, whether planned or unplanned.
  • We may perform scheduled maintenance with reasonable advance notice when possible.
  • We provide email support on a reasonable-effort basis without guaranteed response times. No SLA is provided unless separately agreed in writing.

Modifications

  • We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.
  • For material changes that reduce functionality, we will make reasonable efforts to provide 30 days' notice to existing customers.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that:

  • The Service will meet your specific requirements
  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from the Service will be accurate or reliable
  • Any errors in the Service will be corrected
  • Data loss will not occur

You acknowledge that Privatrak is a product analytics tool and should not be relied upon as your sole source of data. We recommend maintaining independent backups of any critical business data.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRIVATRAK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business
  • Loss of data or data corruption
  • Business interruption
  • Cost of substitute goods or services
  • Loss of goodwill

WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF PRIVATRAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PRIVATRAK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO PRIVATRAK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

This limitation of liability applies to all claims in the aggregate, not per incident.

10. Data Loss and Service Interruptions

Without limiting Sections 8 and 9:

  • We are not liable for data loss due to infrastructure failures, database corruption, hardware failures, or provider outages.
  • We are not liable for data deleted in accordance with our retention policies (this is a feature, not a failure).
  • We are not liable for data deleted as a result of account termination or cancellation.
  • We are not liable for service interruptions caused by events beyond our reasonable control.
  • We do not provide data recovery services. Deleted data cannot be restored.

11. Force Majeure

Privatrak shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, epidemics, government actions or regulations, infrastructure provider failures, power outages, internet disruptions, cyberattacks, or labor disputes.

12. Governing Law and Dispute Resolution

  • These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.
  • Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation for a period of thirty (30) days.
  • If negotiation fails, disputes shall be resolved by binding arbitration administered under the rules of the American Arbitration Association, with the arbitration conducted in Wyoming or remotely at the parties' mutual agreement.
  • Each party shall bear its own costs and attorneys' fees in any dispute, unless the arbitrator determines otherwise.
  • Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

13. General Provisions

  • Entire Agreement. These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and Privatrak regarding the Service.
  • Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
  • Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
  • No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email at least 30 days before they take effect. Your continued use of the Service after the effective date of revised Terms constitutes acceptance of those Terms.

15. Contact

If you have questions about these Terms, contact us at:

Email: support@privatrak.com

Omexa LLC Wyoming, United States

Nutzungsbedingungen — Privatrak