Terms and Conditions

1. Introduction

Welcome to Hintway ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our analytics platform and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

2. Account Registration

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3. Service Plans and Billing

We offer various service plans, including a free tier and paid subscriptions:

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law or as specified in our Refund Policy
• We reserve the right to modify pricing with 30 days' notice to existing subscribers
• You are responsible for all applicable taxes
• Failure to pay may result in service suspension or termination

4. Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Infringe upon the rights of others
• Transmit any malicious code, viruses, or harmful data
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service or servers
• Use the Service to send spam or unsolicited communications
• Reverse engineer, decompile, or disassemble any part of the Service

5. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.

You retain all rights to the data you submit to the Service. You grant us a license to use, store, and process your data solely to provide and improve the Service.

6. Compliance with Data Protection Laws

As a user of Hintway, you are solely responsible for ensuring that your use of the Service complies with all applicable data protection and privacy laws in your jurisdiction, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the ePrivacy Directive, and any other local or national legislation governing the collection, processing, and storage of personal data.

In particular, you acknowledge and agree to the following:

• Anonymous vs. Non-Anonymous Data: Hintway offers both anonymous and non-anonymous data collection modes. Anonymous analytics do not require end-user consent in most jurisdictions. However, if you choose to collect non-anonymous or personally identifiable data (such as IP addresses, user identifiers, or behavioral profiles), you must obtain valid, informed, and freely given consent from your end users before any such data is collected.
• Consent Mechanisms: You are responsible for implementing appropriate consent mechanisms (e.g., cookie banners, consent management platforms) on your website or application to inform your end users about the data being collected and to obtain their explicit consent where required by law.
• Legal Basis for Processing: You must ensure that you have a valid legal basis for any data processing carried out through the Service, whether that basis is consent, legitimate interest, contractual necessity, or another lawful ground recognized under applicable law.
• Data Subject Rights: You are responsible for honoring data subject rights (such as the right to access, rectify, delete, or port personal data) as required by applicable data protection laws. Hintway Analytics provides tools to assist with these obligations, but the ultimate responsibility lies with you.
• Cross-Border Data Transfers: If your end users are located in jurisdictions that restrict international data transfers, you must ensure that appropriate safeguards are in place for any transfer of personal data facilitated through the Service.

Enforcement and Consequences

We reserve the right to audit your use of the Service for compliance with this section. If we determine, at our sole discretion, that you are collecting non-anonymous or personally identifiable data without obtaining the required consent from your end users, or that you are otherwise in violation of applicable data protection laws, we may take any or all of the following actions without prior notice:

• Immediately suspend or disable data collection on your account
• Permanently delete all collected analytics data associated with your account
• Terminate your account and revoke access to the Service without refunds or other compensation

You acknowledge that these enforcement actions are necessary to protect the rights and privacy of end users and to ensure the integrity of the Service. No refund will be issued for any prepaid fees in the event of account termination due to non-compliance with data protection laws.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by Dyweb and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

8. Service Availability

We strive to provide reliable service but do not guarantee:

• Uninterrupted or error-free operation
• That defects will be corrected immediately

We reserve the right to modify, suspend, or discontinue the Service at any time with reasonable notice.

9. Limitation of Liability

To the maximum extent permitted by law, Hintway and Dyweb shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Business interruption or loss of goodwill

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Hintway, Dyweb, and our affiliates from any claims, damages, losses, liabilities, and expenses arising from your use of the Service or violation of these Terms.

11. Termination

We may terminate or suspend your account and access to the Service:

• For violation of these Terms
• For fraudulent or illegal activity
• For non-compliance with applicable data protection laws, including failure to obtain required end-user consent for non-anonymous data collection (see Section 6)
• At our discretion with or without notice

In cases of data protection non-compliance, termination may occur without prior notice and may include the permanent deletion of all collected data. See Section 6 for full details.

You may terminate your account at any time through your account settings or by contacting us.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of France.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

14. Contact Information

For questions about these Terms, please contact us at:

Dyweb
Email: support@hintway.app