Terms of service
Your use of this website (the "Site") and the services made available on the Site ("Services") is subject to these Terms of Service (these "Terms"). These Terms apply between you (“User,” "Users," "you," or "your") as the user of the Site and Services and Countly Ltd ("Countly," "we," "our," or "us").
These Terms do not apply to Countly Enterprise Edition Subscriptions which are governed by written agreements between Countly and the customer.
Please read these Terms carefully, as they affect your legal rights. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Site and/or Services. If you do not agree to be bound by these Terms, you should stop using the Site and Services immediately.
If you have any questions about these Terms please contact us at hello@count.ly.
Intellectual Property and Acceptable Use
All Content included on this Site, unless uploaded by Users, is the property of Countly, our affiliates or other relevant third parties. In these Terms, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, and any other form of information capable of being stored in a computer that appears on or forms part of this Site, including any such content uploaded by Users.
By continuing to use the Site you acknowledge that such Content is protected by copyright, trademarks, database rights, and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner's prior written permission.
You may temporarily download one copy of the materials (information or software) on this Site for personal, non-commercial transitory viewing only. You must not otherwise reproduce, modify, copy, distribute, or use for commercial purposes any Content without the written permission of Countly.
Prohibited Use
You may not use the Site and Services for any of the following purposes:
- in any way which causes, or may cause, damage to the Site and Services or interferes with any other person's use or enjoyment of the Site and Services;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting, or storing electronic copies of Content protected by copyright without the permission of the owner.
Registration
You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these Terms.
You may cancel your registration at any time by contacting us. If you do so, you must immediately stop using the Site and Services. Cancellation or suspension of your registration does not affect any statutory rights.
Links to Other Websites
This Site may contain links to other websites. Unless expressly stated, these sites are not under the control of Countly or that of our affiliates.
We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another website on this Site does not imply any endorsement of the websites themselves or of those in control of them.
Privacy Policy and Cookie Policy
Use of the Site and Services is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by this reference.
Availability of the Site and Disclaimers
Any online facilities, tools, services, or information that Countly makes available through the Site is provided "as is" and on an "as available" basis. We give no warranty that the Site and Services will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. Countly is under no obligation to update information on the Site.
Whilst Countly uses reasonable endeavors to ensure that the Site and Services are secure and free of errors, viruses, and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details, and their computers. Countly accepts no liability for any disruption or non-availability of the Site or Services.
Countly reserves the right to alter, suspend, or discontinue any part (or the whole of) the Site including, but not limited to, any products and/or services available. These Terms shall continue to apply to any modified version of the Site unless it is expressly stated otherwise.
Limitation of Liability
Nothing in these Terms will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Countly accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, or commercial opportunities;
- loss or corruption of any data, database, or software;
- any special, indirect, or consequential loss or damage.
General
You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms where we reasonably believe your rights will not be affected.
These Terms may be varied by us from time to time. Such revised terms will apply to the Site and Services from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version.
These Terms, together with the Privacy Policy and Cookie Policy, contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to the Terms.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Data Processing Agreement
Your use of our services is also governed by our Data Processing Agreement, which outlines how we handle and process personal data. By agreeing to these Terms of Service, you also agree to the terms set forth in our Data Processing Agreement.
EU Artificial Intelligence Act Compliance
Customer Responsibility for Data and AI Use
The Customer acknowledges and agrees that it is solely responsible for:
(a) determining the nature, scope, and purpose of all data collected, processed, or stored using the Services;
(b) ensuring that such collection, processing, storage, and any subsequent use of data (including use in connection with artificial intelligence (“AI”) systems) complies with all applicable laws and regulations, including but not limited to the EU Artificial Intelligence Act (Regulation (EU) 2024/1689) and the EU General Data Protection Regulation (GDPR);
(c) conducting any required risk assessments, conformity assessments, registrations, or notifications required under the EU AI Act; and
(d) obtaining all necessary rights, permissions, and consents for any data processed or analyzed through the Services.
Prohibited Uses
The Customer must not use, and must not permit others to use, the Services (including the AI Assistant) in connection with any AI system or application that constitutes a prohibited AI practice under the EU AI Act, including but not limited to:
(a) AI systems that deploy subliminal techniques to materially distort human behavior in a manner that causes or is likely to cause harm;
(b) AI systems used for social scoring by public authorities;
(c) real-time remote biometric identification systems in publicly accessible spaces, except as expressly permitted by law;
(d) AI systems used for predictive policing based on profiling or location data;
(e) emotion recognition systems in workplaces or educational institutions, except as permitted by applicable law.
AI Assistant Functionality and Transparency
(a) The Services may include access to an AI-powered assistant (the “AI Assistant”) that uses models developed and operated by third-party providers, including but not limited to OpenAI, L.L.C. The AI Assistant is designed to assist the Customer in querying, analyzing, and interpreting data processed within the Services.
(b) The Customer acknowledges and agrees that responses generated by the AI Assistant are automatically produced by an AI system and have not been independently verified by Countly; outputs may be inaccurate, incomplete, misleading, or reflect biases present in the underlying models or training data; and the AI Assistant does not constitute legal, financial, medical, or other professional advice, and should not be relied upon as the sole basis for any decision.
Restrictions on AI Assistant Use in High-Risk Contexts
The Customer must not use the AI Assistant to make or automate decisions in high-risk areas (such as creditworthiness, hiring, medical diagnosis, law enforcement, or migration control) unless the Customer has implemented all risk-management, human oversight, and conformity assessment measures required by applicable law.
No Control or Knowledge of Customer Data
The Customer acknowledges that Countly does not determine or control what data the Customer collects, and has no visibility into the content, nature, or purpose of such data. All decisions regarding data collection, processing, and AI-related use are made exclusively by the Customer.
Indemnification
The Customer shall indemnify, defend, and hold harmless Countly and its affiliates, officers, employees, and agents from and against any claims, liabilities, penalties, fines, costs, and expenses (including reasonable legal fees) arising from the Customer’s violation of the EU AI Act, GDPR, or other applicable laws in connection with the Customer’s use of the Services or AI Assistant.
To the extent required by law, the Customer shall cooperate with Countly in providing information reasonably necessary to demonstrate compliance with the EU AI Act, including information about the intended use of the Services and/or AI Assistant in AI systems.
Countly Flex Supplemental Terms
Resource Usage and Performance
Countly Flex operates on dedicated infrastructure allocated to each customer. While the platform is designed to support a wide range of use cases, server capacity is provisioned based on reasonable usage assumptions at the time of subscription. Excessive or atypical usage - including but not limited to unusually high data ingestion rates, data points per monthly active user, API call frequency, storage requirements, or processing workloads may adversely affect system performance.
In the event that your usage materially exceeds these assumptions or impacts service stability, Countly may, at its discretion:
(a) recommend or require an upgrade to a higher service tier,
(b) provision additional infrastructure at an additional cost, or
(c) impose usage limits to maintain platform stability.
Countly does not guarantee service performance or availability when actual usage materially exceeds the expected levels.
Countly Ltd Details
Countly Ltd is a company incorporated in England and Wales with registered number 8568329 whose registered address is 1 Bow Churchyard, London EC4M 9DQ, and it operates the website www.countly.com. The registered VAT number of Countly Ltd is GB168599344.
You can contact Countly Ltd by email at hello@count.ly.
