2.1 SUBSCRIPTION TERMS
Kissmetrics offers a range of subscription plans to its Services (each, a “Plan”). Each Plan includes a numerical range of user interactions or engagement views (“Events”) and custom messages (“Messages”) that may be recorded by our Services on your registered web page, along with custom email communications sent (“Emails”) in any given month of the subscription period.
You will select your Plan as part of your registration for the Services, which may begin with a Free Trial (as defined in Section 2.3 (“Free Trial”) herein). Each subscription period for a Plan will be based on the subscription period chosen/sold (e.g. annually, bi-annually, quarterly, monthly). You may choose to be billed for the Plan annually or in less than annual increments (e.g. monthly or bi-annually), but regardless of your billing cycle, you are responsible for subscription fees for the entire subscription period chosen/sold.
At the end of your current subscription period, your Plan will automatically renew for a subscription period equal to your prior subscription period unless you provide Kissmetrics with email notice (sent to email@example.com) of your intent not to renew your Plan at least thirty (30) days prior to the end of the then-current subscription period.
To view the specific details of your Plan, including pricing information and the end date of your subscription period, login to your account on Kissmetrics and click the “Account” page or contact us at firstname.lastname@example.org.
2.2 BILLING POLICIES, REFUNDS, OVERAGES, AND UPGRADE AND DOWNGRADE TERMS
- The fees for your Plan are billed in advance of each billing cycle.
- In the event you cancel your Plan, no refunds or credits will be provided for partial or unused months of the Services.
- If you exceed your Plan’s Event, Message and/or Email limits in any given month, you will be either (a) charged a prorated overage charge for the month based on your current plan’s monthly cost or (b) automatically upgraded to the next level Plan for the remainder of your subscription period. We will always choose the less expensive option to you.
- If you upgrade your Plan level, you will immediately be charged for the increased price of the upgraded Plan, pro-rated to reflect the remaining duration of your subscription period, and you will be charged the full amount of the then-current rate for the new Plan, beginning with your next billing cycle.
- If you desire to downgrade your Plan level prior to the end of your subscription period, please provide written notice to email@example.com. The Plan downgrade will take effect the first billing cycle that occurs more than thirty (30) days following your notice to Kissmetrics, and you will not receive any refunds for payments made on your current billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. Kissmetrics disclaims liability for any such loss.
- Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
- Any questions involving upgrades or downgrades to your Plan can be directed to firstname.lastname@example.org.
2.3 FREE TRIAL
Subscriptions to the Services may begin with a free trial period during which you can try out the Services for 7 days from the date you register (“Free Trial Period”). There is no limit to the number of Events recorded on a registered website during the Free Trial Period. Messages and/or Emails may be restricted or limited during the Free Trial Period.
While you may not be required to enter your billing information in order to sign up for the Free Trial Period, you may provide such information at any point during the Free Trial Period. If you do so, you will not be charged until the Free Trial Period ends. If you have not provided billing information by the time the Free Trial Period ends, you will lose all access to the Services. There will be a sixty (60) day grace period during which we will continue to record Events on your website. You will have the option of entering billing information and subscribing during this grace period. If you do not do so, your account will be cancelled at the end of the grace period.
You may cancel your Plan at any time during the Free Trial Period by following the steps described in section 2.7 (“Account Cancellation”). Upon cancelling your account, you will immediately lose all access to the Services and any data or information stored within your account (see Section 11 (“Term and Termination”) for additional details).
Kissmetrics reserves the right to modify, cancel and/or limit the Free Trial Period without notice at any time.
2.4 CHANGES IN FEES
We may change the fees for the Services at any time or impose additional fees or charges.
Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees, as provided for in Section 12 herein, provided that if you upgrade or downgrade to a new Plan, whether at your election or pursuant to Section 2.2(c), you will be charged at the then-current rate for such Plan.
2.5 PAYMENT OF FEES
As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.
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 Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
2.6 CREDIT CARD PAYMENTS
All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we, cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later.
You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact Kissmetrics if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Kissmetrics username or password).
You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.
2.7 ACCOUNT CANCELLATION
You may cancel your Plan upon 30 days notice by sending an email to email@example.com..
For clarity, if you cancel your plan prior to the conclusion of your current subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your current subscription period.
If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Services and any data or information stored in your account (see Section 11 (“Term and Termination”) for additional details).