Terms of Service
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Who these terms are between
These terms are an agreement between Rahul Kumar, a sole proprietor in India, and the person or company that opens a Spectra account. By creating an account or paying for a plan you accept them.
The service
Spectra records sessions on websites you control and lets you replay them, search them and see where visitors run into problems. What is recorded is decided by you through the settings and the code you install.
Accounts and acceptable use
- You are responsible for what happens under your account, including anyone you invite to your workspace.
- You must only install Spectra on websites you own or are authorised to instrument.
- You must tell your visitors that their sessions are recorded, and obtain consent where the law requires it.
- You must not use Spectra to capture payment card details, health records, or other special category data.
- You must not attempt to reach another customer's data, or to disrupt the service for anyone else.
Your data and ours
Recordings made on your websites are yours. We process them only to provide the service to you, as described in the Privacy Policy. For those recordings you are the data controller and we are your processor. The terms on which we handle that personal data are in our data processing agreement, which forms part of these terms and applies automatically. You do not need to ask for it or sign it separately.
You can delete an individual visitor's recordings, delete a site and everything recorded under it, or ask us to close your account. Deletion is permanent and there is no recovery afterwards.
Fees, billing and taxes
Plans are billed monthly in advance in US dollars. Payments are taken by Dodo Payments, which acts as merchant of record and issues your invoice. Prices are shown before you buy, and taxes are applied by the payment provider according to where you are.
Plan changes and quotas
Changing plan takes effect immediately: the plan you are leaving ends at once, the new plan is charged in full straight away, and the unused remainder of the old plan is not refunded or credited. This is shown to you before the change is made. Your billing date moves to the day you changed.
Each plan includes a number of sessions per month, a retention window and a number of sites. When the monthly session allowance is used up, new sessions stop being recorded until the next period. Recordings already made are unaffected and remain available for their retention window.
Suspension and termination
You may cancel at any time; recording continues until the end of the period you have paid for, and recordings remain available for their retention window. We may suspend an account for non-payment, or for use that breaks the acceptable use terms above, and we will tell you why. For non-payment we will email you when a payment fails and give you 14 days to put it right before we suspend. Suspension stops recording; it does not delete anything, and your recordings stay available for their retention window. We delete an account's data 30 days after termination.
Service levels and support
We target 99.5% availability in a calendar month and a first reply to support email within one working day, and we run to those numbers. The service is built on infrastructure operated to recognised availability and security standards, in the European Economic Area. These are operating targets rather than a contractual service level, and no service credits attach to them. If you need a committed SLA with remedies, talk to us before you buy and we will tell you what we can sign up to.
Support is by email at support@spectra-trace.com.
Warranties and disclaimers
We provide the service with reasonable skill and care. Beyond that, and to the extent the law allows, the service is provided as it is: we do not warrant that recording will capture every session or that the service will be uninterrupted or error free. Nothing here removes a right you have by law that cannot be removed by agreement. If you buy as a consumer rather than for a business, the Consumer Protection Act 2019 applies to us in India, and consumers in the European Economic Area and the United Kingdom keep their statutory rights in full, whatever this section says.
Limitation of liability
Our total liability to you for everything arising out of these terms, in contract, in tort or otherwise, is limited in aggregate to the fees you paid us in the twelve months before the event giving rise to the claim.
Neither of us is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, or loss of goodwill, however it arises.
Neither limit applies to liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or to anything else that the law does not allow to be limited.
Indemnity
You will cover us against claims arising from recordings you chose to make in breach of these terms, including a claim by one of your visitors that you recorded them without a lawful basis. We will cover you against a claim that the Spectra service itself, used as we describe, infringes somebody's intellectual property, provided you tell us promptly, let us handle the defence, and do not settle without us. That cover is subject to the limit of liability above. It does not apply to a claim arising from your own website, from what you chose to record, or from Spectra combined with something we did not supply.
Changes to these terms
We may change these terms. If a change materially affects your rights we will tell you by email at least 30 days before it takes effect, and you may cancel before then if you do not accept it.
Governing law and disputes
These terms are governed by the law of India, and the courts at our address above have exclusive jurisdiction. If you are buying for a business large enough that this is a problem, say so before you buy and we will talk about it rather than leave you to find it here.
Where you deal with us as a consumer in the European Economic Area or the United Kingdom, this does not deprive you of the protection of the mandatory law of the country you live in, or of the right to bring proceedings there.