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Terms of Service

Effective 27 October 2026 · Last updated 27 October 2026

The short version

  • These terms are the agreement between you (the customer) and [Company legal name] (“VisitorStory”, “we”).
  • You install our script on websites you control. You are responsible for telling your visitors and getting consent where the law requires it.
  • Free is free. Paid plans are monthly, cancel any time, and we never bill you for going over your sessions.
  • We process your visitors’ data only on your instructions, under our Data Processing Addendum.
  • The service is provided “as is”, and our liability is capped at what you paid us in the last 12 months.

1. The agreement

These Terms of Service (“Terms”) govern your use of the VisitorStory website at visitorstory.com, the VisitorStory application at app.visitorstory.com, the VisitorStory script and collection endpoints at i.visitorstory.com, and related services (together, the “Service”), provided by [Company legal name], [Registered address].

By creating an account, installing the VisitorStory script, or otherwise using the Service, you agree to these Terms, our Acceptable Use Policy and our Data Processing Addendum (“DPA”), which form part of these Terms. Our Privacy Policy explains how we handle personal data. If you use the Service on behalf of an organisation, you confirm that you have authority to bind it, and “you” means that organisation.

You must be at least 18 years old and able to enter a binding contract to use the Service. The Service is intended for business use.

2. The Service

VisitorStory records how visitors use websites on which a customer has installed our script, rebuilds those visits as replays, produces heatmaps, funnels and form analytics, and writes plain-language findings and weekly reports, including summaries prepared with the help of an AI model. Features may change over time. We will not make a change that materially reduces the core functionality of a paid plan during a period you have paid for.

We may suspend parts of the Service for maintenance, security or legal reasons. We aim to keep interruptions short and to give notice of planned work where we reasonably can. We do not offer a service level agreement unless one is agreed in writing.

3. Your account

  • Give accurate sign-up information and keep it up to date.
  • Keep your password, recovery codes and API keys confidential. You are responsible for activity under your account and for the people you invite to it and the roles you give them.
  • Tell us promptly at support@visitorstory.com if you believe your account has been accessed without permission.
  • Only install the script on websites that you own or are authorised to operate.

4. Your responsibilities for your websites and visitors

You decide which websites to record, which consent mode to use, and which parts of a page to hide. As between you and us, you are the “controller” (or “business”) for your visitors’ personal data and we are your “processor” (or “service provider”). You are responsible for:

  • providing your visitors with a clear privacy notice that describes your use of session recording and analytics;
  • obtaining any consent required by law before recording begins (for example under the ePrivacy Directive, the UK PECR, the GDPR, the California Invasion of Privacy Act or similar laws), using the consent options we provide or your own consent tool;
  • honouring your visitors’ rights requests, which you can do with our visitor deletion API and the tools described in the DPA;
  • keeping form-field masking switched on for any field that may contain personal or sensitive information, and hiding any other part of a page that shows such information, as required by our Acceptable Use Policy;
  • not using the Service on websites directed at children under 16.

5. Plans, fees and billing

The current plans and their limits are listed on our pricing page. The Free plan costs nothing and has no time limit. Paid plans are charged monthly in advance in US dollars, plus any applicable taxes, and renew automatically each month until cancelled.

  • Sessions. A session is one visit by one visitor in one browser tab, ending after 30 minutes without activity. Each plan includes a number of sessions per calendar month across all your sites. We do not charge for going over: from 80% of the allowance we record a sample of sessions, and past 120% recording pauses until the next month, unless we have agreed to keep sampling.
  • Upgrades take effect immediately. Downgrades take effect from the next monthly period. If a smaller plan keeps history for fewer days, older recordings are deleted.
  • Cancellation. You can cancel at any time. Your paid plan continues until the end of the period you have paid for, then your account moves to the Free plan.
  • Refunds. Fees for time already used are not refundable, except where required by law, or where a charge was made in error or the Service was materially unavailable through our fault, in which case tell us within 30 days and we will refund or credit the affected amount.
  • Payment will be processed by our payment provider when online payment is enabled; we do not store card numbers. Until then, paid plans are arranged by email.
  • Price changes apply from your next billing period after at least 30 days’ notice by email.

6. Your data

“Customer Data” means the data collected through the script on your websites and the content you put into the Service. You own your Customer Data. You grant us a limited licence to host, copy, process and display it only to provide, secure and support the Service for you, and as described in the DPA. We do not sell Customer Data and we do not use it to build profiles of your visitors across other customers’ websites.

We may use aggregated, de-identified information about how the Service performs (for example, total sessions processed or error rates) to operate and improve the Service, provided it does not identify you or any individual.

Customer Data is kept for the retention period of your plan and then deleted automatically, as described in our Privacy Policy. You can delete a site or an individual visitorYou can delete a site, a visitor or your whole account at any time.rsquo;s data at any time in the app or through our API, and ask us to delete your whole account by emailing support@visitorstory.com.

7. AI-generated content

Findings, weekly reports, deeper analyses and settings we fill in for you may be prepared with the help of an AI model, from summary figures we compute. We check every number against our own data, but AI-written text can still be wrong or incomplete. Treat it as a suggestion, review it before acting on it, and do not rely on it as professional, legal or financial advice.

8. Acceptable use

You must follow our Acceptable Use Policy. You must not misuse the Service, interfere with it, try to access it other than through the interfaces we provide, reverse engineer it except where the law allows, or use it to build a competing product.

9. Our intellectual property

We own the Service, including the software, the script, the replay player, our designs and our trademarks. Subject to these Terms, we grant you a non-exclusive, non-transferable right to use the Service, and to install the script on your websites, for the duration of your account. If you send us feedback, we may use it without obligation to you.

10. Confidentiality

Each of us will keep the other’s non-public information confidential, use it only for the purposes of this agreement, and protect it with at least reasonable care. This does not apply to information that is public, already known, independently developed or lawfully received from someone else, or that must be disclosed by law (with notice where the law allows).

11. Warranties and disclaimer

We will provide the Service with reasonable skill and care. Except as stated in these Terms, and to the maximum extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and that the Service will be uninterrupted, error-free, or that its findings will increase your sales or conversions. We do not guarantee that your use of the Service complies with the laws that apply to your websites; that remains your responsibility.

12. Limitation of liability

To the maximum extent permitted by law:

  • neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill or data (other than our obligations to restore data under the DPA), even if advised of the possibility;
  • each party’s total liability arising out of or relating to these Terms in any 12-month period is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim, or US$100 if greater.

These limits do not apply to your payment obligations, a party’s indemnity obligations, or liability that cannot be limited by law, such as for fraud or for death or personal injury caused by negligence.

13. Indemnity

You will defend and indemnify us, our affiliates and our personnel against third-party claims, and the resulting losses, costs and reasonable legal fees, arising from your websites, your use of the Service in breach of these Terms or the Acceptable Use Policy, or your failure to give notice or obtain consent required by law for recording your visitors.

We will defend and indemnify you against third-party claims that the Service, as provided by us, infringes that party’s intellectual property rights, and pay the resulting damages and costs finally awarded. This does not apply to claims arising from your content, your websites, or combinations with things we did not provide. If such a claim is made, we may modify the Service, obtain a licence, or end your subscription and refund prepaid fees for the unused period.

The indemnified party must notify the other promptly, give reasonable cooperation, and let the indemnifying party control the defence and settlement.

14. Suspension and termination

You may stop using the Service at any time and ask us to close your account. We may suspend or terminate your account, with notice where practical, if you materially breach these Terms or the Acceptable Use Policy and do not fix the breach within 10 days of notice, if you fail to pay, if required by law, or immediately if your use creates a security risk or is unlawful. We may end the Free plan for an account with 30 days’ notice.

On termination your right to use the Service ends. You can save or print your weekly reports before then. We delete Customer Data as described in the DPA, within 30 days of termination, apart from copies in backups, which are overwritten on their normal cycle. Sections that by their nature should survive (including fees owed, confidentiality, disclaimers, limitation of liability, indemnities and governing law) survive termination.

15. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days’ notice by email or in the app before they take effect. If you do not agree, you may cancel before the change takes effect. Continuing to use the Service after that date means you accept the updated Terms.

16. General

  • Governing law and venue. These Terms are governed by the laws of [Governing law: state/country], without regard to conflict-of-law rules. The courts of [Courts with jurisdiction] have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent court. If you are a consumer, nothing here removes protections you have under the mandatory laws of your country of residence.
  • Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, with notice to you.
  • Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
  • Notices to us go to support@visitorstory.com; notices to you go to the email address on your account.
  • Entire agreement. These Terms, together with the documents they refer to, are the entire agreement between us about the Service. If a provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. There are no third-party beneficiaries.
  • Export and sanctions. You may not use the Service in breach of export control or sanctions laws.

Contact

[Company legal name], [Registered address]. Email support@visitorstory.com.