1) Acceptance and eligibility
By creating an account, installing our script, or using the Service, you agree to these Terms. If you use the Service on behalf of a company, you represent you have authority to bind that company.
Eligibility; export control and sanctions. You may not access or use the Service if you (a) are located in, organized under the laws of, or ordinarily resident in Iran, Russia, or Belarus or any jurisdiction subject to comprehensive sanctions (the “Restricted Territories”); (b) are a Sanctioned Person (listed on EU, UK, U.S., UN, or Ukraine sanctions lists); or (c) will use the Service for or on behalf of any of the foregoing. You represent and warrant that you are not prohibited from receiving the Service and will not permit access by Restricted Parties. We may suspend or terminate the Service immediately where required for sanctions/export-control compliance.
2) The service
Public website. On hymetry.com, we use Umami Cloud for privacy-focused web analytics, as described in our Privacy Policy.
Hymetry application. When an authorized user uses the Hymetry application or dashboard, Hymetry uses its own first-party product analytics and screen/session recording to understand feature use, provide support, troubleshoot, secure, and improve the Service. This application-usage data is stored at rest on Linode (Akamai) infrastructure. We do not sell it or disclose it to third parties for their own independent purposes; authorized providers may process limited data on our behalf as described in the Privacy Policy.
Customer products. When you install and configure Hymetry on your website or web app, the Service records product-usage events and, when recording is enabled, creates screen/session recordings as Customer Data under your instructions. The Service is intended for professional use; both organizations and individuals may access it. We may improve or change features from time to time.
3) Customer data, roles, and privacy
Ownership and scope. You own your Customer Data. Customer Data includes company/account identifiers, user identifiers, product-interaction events, optional attributes and metadata, screen/session recordings captured from your products, and other information you submit to or instruct the Service to collect from your products. Customer Data does not include Hymetry’s controller-role analytics and screen/session recordings of authorized users’ interactions with the Hymetry application itself; however, Customer Data transmitted to or displayed within the Hymetry application remains Customer Data.
Minimum identifiers and optional data. For core identification, the minimum Customer-supplied fields required for account-centric analytics are a stable company/account ID and a stable user ID. Product-interaction events and, when enabled, recording content are also processed to generate analytics. Names, email addresses, company names, and other identity fields or attributes are optional unless a specific feature clearly states otherwise, and are submitted only at your choice and direction.
Roles. For personal data within Customer Data, you are the controller and Hymetry is the processor. Hymetry processes that personal data on your documented instructions, except where applicable law requires otherwise, and remains responsible for its obligations as a processor under the DPA and applicable law.
DPA and transfers. The Hymetry DPA at https://www.hymetry.com/privacy (incorporating EU SCCs Module 2 and the UK Addendum, where applicable) is incorporated by reference and governs our processing and international transfers. For California personal information, Hymetry acts as a service provider.
Privacy policy. See https://www.hymetry.com/privacy.
4) Subprocessors and data location
Storage and providers. Customer Data, including company/account IDs, user IDs, optional attributes and metadata, product analytics events, and screen/session recordings, is stored at rest on Linode (Akamai) infrastructure in the United States. Cloudflare may process network traffic in transit as our global proxy, CDN, WAF, and DDoS-protection provider. Postmark processes transactional and service email.
Limited disclosure. Hymetry does not sell or rent Customer Data and does not disclose it for any third party’s independent purposes. We disclose Customer Data only to authorized service providers and subprocessors necessary to operate, secure, support, and provide the Service, when you instruct or authorize us to do so, or when applicable law requires it.
We will give 30 days' notice before adding a materially new subprocessor. If you reasonably object, you may terminate the affected Service before the change takes effect.
5) Customer responsibilities (critical)
You are solely responsible for:
- Customer Data and instructions. Deciding which company and user data to provide to Hymetry; ensuring you have all rights, authority, notices, consents, and lawful bases needed to submit and instruct Hymetry to process that data; and ensuring its accuracy, necessity, quality, and legality. Stable company/account IDs and user IDs are the minimum Customer-supplied identity fields required for account-centric analytics. Any additional names, email addresses, attributes, metadata, or content are provided at your choice and direction.
- Notices and consents. Providing notice to, and obtaining any required consent from, your end users before recording; honoring opt-outs; and maintaining a lawful basis for processing under applicable laws (e.g., GDPR, ePrivacy, CCPA/CPRA, COPPA).
- Configuration and masking. Correctly configuring capture rules, masking/suppression, URL/page exclusions, IP filtering, and any other privacy settings; not using the Service to capture content you are not permitted to process.
- Prohibited/sensitive data. Do not intentionally collect: special-category data (e.g., health/PHI, biometric templates, sexual orientation, political/religious beliefs, trade-union membership); government IDs; financial/PCI data; passwords or authentication secrets; precise geolocation of minors; or children's data without verifiable consent and full legal compliance.
- Children/minors. The Service is not intended to record users known to be children. You will not use it to record children under 16 (or higher local minimum) unless you have verified parental consent and meet all legal requirements; for the U.S., you must comply with COPPA for users under 13.
- Sanctions compliance. You will not provision accounts or allow access to the Service from Iran, Russia, or Belarus, or by any Sanctioned Person, and will implement reasonable measures (e.g., IP/geo restrictions, access controls) to prevent such use.
Nothing in this Section limits Hymetry’s confidentiality, security, processor, service-provider, or other obligations under these Terms, the DPA, or applicable law.
You agree to indemnify, defend, and hold harmless Hymetry, its owner, and personnel from any claim, loss, or cost (including reasonable legal fees) arising from (a) your Customer Data; (b) your failure to obtain required consents or provide notices; (c) your breach of these Terms or law; (d) your misuse or misconfiguration of the Service; or (e) your breach of Section 1 (sanctions).
6) Security and incidents
We implement reasonable technical and organizational measures (TLS in transit; access controls/least privilege; logging/monitoring; vulnerability management). If a security incident affects Customer Data, we will notify you within 72 hours of becoming aware and share available details.
7) Data retention and deletion
Default retention: 30 days for raw recordings/events and 30 days for derived analytics; deletion scheduled thereafter. Backups follow standard cycles. No self-service export is currently available.
8) Service levels and support
Best-effort availability; no service-credit SLA. Support via [email protected] during business hours (Europe/Kyiv).
9) Fees, credits, taxes, and refunds
Free through 1 June 2026. Afterwards, a free trial of 10 credits may be offered.
Usage-based model. Access thereafter is prepaid via credits (e.g., “active minutes”). When credits are exhausted, the Service pauses until you top up; you may add funds at any time.
No refunds. Payments are non-refundable to the extent permitted by law, including where suspended/terminated for sanctions/export-control reasons.
Taxes. Prices exclude taxes. We do not charge VAT; you are responsible for applicable taxes, duties, or withholdings.
Chargebacks/fraud. We may suspend upon chargeback or suspected fraud pending resolution.
10) Acceptable use
No unlawful surveillance, rights violations, disruption, scraping, benchmarking publication without consent, reverse engineering (except as allowed by law), reselling, or credential sharing.
11) Intellectual property; license; publicity
We own the Service and IP. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service per these Terms. Feedback may be used by us without restriction. Publicity: we may identify you (name/logo) as a customer; opt out any time via email.
12) Changes, maintenance, and deprecation
We may modify features, perform maintenance, or deprecate components. We will avoid materially degrading core functionality without notice and announce deprecations with a reasonable runway when feasible. We may update these Terms with 30 days' notice; continued use after the effective date constitutes acceptance.
13) Term, termination, and suspension
Term begins on first use and renews month-to-month. Either party may terminate for convenience with 30 days' notice. We may suspend or terminate immediately for breach, security risk, legal compliance, sanctions/export-control reasons, non-payment/chargeback, or unlawful use. Upon termination, access ceases and data is deleted per Section 7.
14) Warranties and disclaimers
The Service is provided “as is” and “as available” without warranties (express, implied, or statutory), including merchantability, fitness for purpose, non-infringement, or uninterrupted/error-free operation. Masking depends on your configuration and cannot guarantee total redaction under all circumstances.
15) Limitation of liability
To the maximum extent permitted by law:
- No indirect damages. We are not liable for indirect, incidental, consequential, special, punitive, or exemplary damages, or for lost profits, revenues, goodwill, or data.
- Cap. Our total aggregate liability in any 12-month period is limited to fees you paid in the preceding six (6) months for the portion of the Service giving rise to the claim; if you paid no fees in that period, our liability is USD 0.
Nothing in these Terms limits liability that cannot be limited under applicable law.
16) Governing law and venue
These Terms are governed by Ukrainian law. The courts of Dnipro, Ukraine have exclusive jurisdiction.
17) Notices
We may notify you via email or within the Service. You will send legal notices to [email protected] with subject “Legal Notice.”
18) Assignment
You may not assign without our prior written consent. We may assign in connection with a reorganization, merger, or sale, with notice to you.
19) Force majeure
No liability for delays/failures caused by events beyond reasonable control (including network/hosting failures, DDoS, war, government actions, strikes, natural disasters).
20) Entire agreement; severability; waiver
These Terms, the DPA, and the Privacy Policy constitute the entire agreement. If any provision is unenforceable, it will be modified to the minimum extent necessary; the remainder stays in effect. No waiver is effective unless in writing.
Linked policies
Terms of Use: https://www.hymetry.com/terms-of-use
Privacy Policy (includes cookies): https://www.hymetry.com/privacy