Terms of Service

1. Introduction

Welcome to ClicData! These Terms of Service (“Terms”) are a legal agreement between you (an individual user or an organization you represent) and ClicData (“we” or “us”), the provider of ClicData’s data management and analytics platform. These Terms apply to all users of our services, whether you are on a free trial or a paid subscription plan.

Acceptance: By creating an account or otherwise using ClicData’s services, software, or website (collectively, the “Service” or “Services”), you acknowledge that you have read and agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms – in which case, “you” and “Customer” will refer to the organization. No physical signature is required to accept these Terms; your use of the Service is your acceptance. If you do not agree with these Terms, you must not use the Service.

Related Policies: Your use of ClicData is also subject to our Acceptable Use Policy and Platform Privacy Policy, which are incorporated herein by reference. Please review those documents on our website. They outline additional obligations and practices (for example, how we handle your data and what you can’t do with the Service). In the event of a conflict between these Terms and those policies, these Terms will take precedence.

If you will be using ClicData to process personal data (as defined by privacy laws), you are required to enter into a Data Processing Agreement (DPA) with us (more on this in the Data Privacy section below).

Eligibility: You must be at least 16 years old to use the Service. The Service is not intended for children under 16. By using ClicData, you affirm that you are 16 or older. If you are using the Service as an individual consumer in a jurisdiction with higher age of consent for data usage, you must meet that age requirement.

2. Accounts and Registration

To use ClicData, you must create an account and provide certain information.

Registration: You agree to provide a full legal name, a valid email address, and any other information we require during sign-up or account activation. You promise that all information you submit is accurate and kept up-to-date. Using fake names or invalid email addresses is a violation of these Terms.

Account Security: You are responsible for maintaining the confidentiality of your account login credentials. You must safeguard your password and not share it with unauthorized persons.

Account Use: Any actions taken through your account are your responsibility, whether undertaken by you or others. If you suspect unauthorized use of your account or a security breach, you must notify ClicData immediately. ClicData will never ask you for your password via email or phone, so be wary of any such attempts.

Communications: By registering, you consent to receive communications from us electronically – for example, via email or in-app notifications. We may send you service announcements, administrative messages, billing notices, and other account-related information. These communications are considered part of the Service. (For information on marketing communications, see our Privacy Policy.

You can opt out of marketing emails, but you cannot opt out of essential account and Service-related communications.) You are responsible for ensuring that your email address on file is current and that you can receive emails from us (check spam filters and settings).

ClicData reserves the right to refuse service, cancel accounts, or reclaim usernames at our discretion if we determine there’s a good reason – for example, if you violate these Terms or if an account is registered with misleading information.

3. Using the Services

ClicData provides a cloud-based platform for data management, analytics, and reporting.

Service Functionality: In general, our Service allows you to store data, transform and combine data, create reports and dashboards from that data, and share or publish those dashboards and reports to others (for example, within your team or publicly on the web). The exact features available to you will depend on your subscription plan.

We continuously improve the Service and may introduce new features, tools, or resources. All new features that we release are subject to these same Terms. Occasionally, we might test beta or early-access features (see Beta Features below). By using new or experimental features, you understand they are provided under these Terms as well.

When using ClicData, you agree to do so lawfully and responsibly. In particular, you must follow our Acceptable Use Policy (AUP) at all times. In summary, you must not misuse the Service or use it in a way that disrupts others. Prohibited activities include (but are not limited to) using the Service for illegal purposes, attempting to hack or overload the platform, transmitting malware, infringing on others’ rights, or violating privacy laws. The AUP provides a detailed list of prohibited uses. If you violate the AUP or these Terms, we may suspend or terminate your account immediately (see Termination section). We reserve the right to review your account activity and content to ensure compliance with these Terms and the AUP, although we have no obligation to monitor all user content.

Beta Features: From time to time, we may offer early access to new features or products that are still in testing (labeled as beta, preview, or early-access). These Beta Features are experimental and provided “as is” for evaluation purposes. They may not be as reliable or fully supported as the core Service. We may modify or discontinue Beta Features at any time, and we make no guarantees regarding their functionality, availability, or future inclusion in the Service. Use Beta Features at your own risk, and avoid using them for critical tasks or data.

Third-Party Services: ClicData may include integrations or links to third-party databases, applications, or services (for example, connecting to an external data source, or sending messages via a third-party email service). If you choose to use or enable these Third-Party Services in connection with ClicData, you do so at your own risk. These Third-Party Services are governed by the providers’ own terms and privacy policies, not by ClicData’s Terms. We do not endorse or assume responsibility for third-party products or services. For example, if you connect ClicData to a third-party data source, any data fetched is your responsibility and governed by your agreement with that source. Likewise, ClicData is not responsible for content or functionality provided by third parties.

Client Software: Some of our Services may require or offer downloadable client software (for example, a desktop tool or mobile app). If we provide you software to install, then – as long as you comply with these Terms – ClicData grants you a limited, non-exclusive, non-transferable, revocable license to use the software solely to access and use the Service for your internal business purposes. This license is provided for the duration of your subscription and is not a sale of any software code. You agree not to copy, modify, distribute, sell, or lease any part of our provided software, nor reverse engineer or attempt to extract the source code of that software, except to the extent that these restrictions are prohibited by law. If any component of our software is offered under an open source license, we will make that license available to you; in case of conflict, the open source license terms will prevail for that component.

4. Subscription Plans and Features

ClicData offers different subscription plans to meet varying needs. The features, limits, and pricing will depend on the plan you choose. We may modify the available plans or their features from time to time (for example, by adding new features to a plan or adjusting usage limits), but any such changes will not retroactively reduce the core features of your current paid plan during your ongoing subscription period.

Free and Trial Accounts: We may offer free, trial, or personal accounts that allow you to use the Service with certain limitations (for example, a trial period, reduced storage capacity, or limited functionality). These accounts are meant for evaluation or personal use. Because they are free of charge, they might include certain restrictions such as:

• Limited duration of use (e.g. a 15-day trial) or limited data capacity and performance.
• Presence of ClicData branding or advertisements in the interface.

ClicData reserves the right to place limits on free accounts (for instance, on the number of users, data size, or features available). Additionally, if a free or trial account remains inactive for an extended period, we may deactivate or delete the account to conserve resources. We will try to warn you (for example, via email) before deleting an inactive free account, but we are not obligated to provide notice. Free and trial accounts can also be terminated by us at any time without prior notice if you violate these Terms.

Academic and Non-Profit Accounts: ClicData may offer special plans for academic institutions or non-profit organizations, possibly at a discounted rate or with certain free features. These accounts are intended only for qualified academic or non-commercial use. They typically come with some limitations similar to free accounts (such as reduced capacity or functionality unless you pay for additional components). If you have an academic/non-profit subscription, you must not use it for commercial purposes. We may ask you for proof of eligibility for these plans. The same conditions about inactivity, advertisements, and termination for violations apply to these accounts.

Paid Subscriptions: Paid subscription plans provide full access to ClicData’s services with higher usage limits and advanced features according to the tier you select (for example, larger data storage, more users, priority support, etc.). We offer various tiers of paid service (such as basic, premium, enterprise levels), and generally higher tiers include greater capacity or performance. The specifics of what each plan includes are described on our website or in your order. In some cases, features or limits can be customized or increased based on a separate agreement or add-on purchases. If you have a custom or negotiated plan with ClicData, the terms of that plan (as confirmed in an order form or contract) will supplement or override the standard terms where applicable. All paid subscriptions are subject to the pricing and payment terms outlined in Fees and Payment below.

Regardless of plan type, all users must abide by these Terms and the Acceptable Use Policy.

Having a paid plan does not exempt you from compliance. We reserve the right to change or discontinue any plan (free or paid) or feature, but if you are on a paid plan, changes will typically take effect at the start of your next subscription period unless agreed otherwise.

5. Your Content and Data

Ownership: As a ClicData user, you may upload, import, or input data, files, and other materials into the Service in order to use our platform. All such data and materials that you or your authorized users provide to ClicData are considered “Customer Data” or “Content.” You retain all rights and ownership to your Customer Data. ClicData does not claim any ownership over the content or data you upload to the Service. These Terms do not grant us any rights to your content except for the limited rights that are necessary to run the Service.

Our Use of Your Data: When you use the Service, you grant ClicData permission to process your Customer Data solely for the purpose of providing, maintaining, and improving the Service. This means we can copy, store, transmit, reformat, display or distribute your data only as needed (for example, backing it up, displaying it to you and those you share it with, or indexing it for search within the platform). We will not access or use your content for any other purposes. In practical terms, our systems might scan or make temporary copies of your data to enable certain features – e.g. to create thumbnails, perform searches, or analyze metadata for linking data sources. You agree that we and our trusted subprocessors (see Data Privacy section) may perform such technical actions on your data in the background to operate the Service. This permission extends to our affiliates and subcontractors only to the extent necessary to provide these features and services to you.

Except for the limited license above, you retain all rights to your Customer Data. We do not sell your data or share it with third parties for their independent use.

We also do not access the contents of your databases or files unless you explicitly ask us to (for example, if you grant our support team access for troubleshooting) or as required to comply with law or an enforceable government request.

Your Responsibilities for Content: You are solely responsible for the content and data you upload to ClicData and for ensuring that your use of that content complies with all applicable laws. By uploading or sharing content, you represent and warrant that you have the necessary rights, licenses, or permissions to use and share that content, and that doing so will not violate any laws or infringe any third-party rights. This means, for example, that if you upload personal data or copyrighted material, you have the right to do so and (where required) have obtained consent from the individuals whose data you are uploading. ClicData is not responsible for the content you provide – we do not review it for accuracy or legality, and we cannot do so effectively. We do not know the origin or nature of the data you store in our platform and cannot verify it; that is under your control. If we are notified or become aware that any of your content is illegal or infringes on someone’s rights (e.g., a valid Digital Millennium Copyright Act notice for infringing content), we may remove or disable access to that content and/or suspend your account, as needed to comply with law or protect our platform. We will, when feasible and lawful, attempt to notify you of any such action.

Sharing Your Content: The Service allows you to share your dashboards, reports, and data with others (for instance, by adding team users to your account, or by generating public “live links” to reports). Whom you share content with is your decision and responsibility. ClicData does not control the recipients of any content you choose to share. Please be cautious when publishing content publicly or sharing sensitive data – once shared, ClicData cannot retrieve or delete content from the systems of recipients. Make sure you understand the settings and permissions before sharing your information. If you share content publicly, it may be indexed by search engines or used by anyone who accesses it, and ClicData is not responsible for how others might use or misuse content you make public.

Data Backup: While ClicData maintains backups and redundancy for disaster recovery, the Service is not intended to serve as your sole data backup. You are responsible for maintaining your own copies of your data as needed. We strive to prevent data loss, but except as expressly provided in these Terms, we are not liable for any accidental deletion or failure to store any content. (We do retain deleted data for a short period after account cancellation – see Termination section – but this is meant for recovery from accidental deletion, not as an archive for you.)

6. Data Privacy and Security

Privacy Policy: Your privacy is very important to us. Our Platform Privacy Policy describes in detail how we collect, use, and protect personal information when you use our website and Service. Please review that policy to understand our practices. By using ClicData, you acknowledge that we will process personal information in accordance with our Privacy Policy. In short, we collect the minimum personal data necessary to provide the Service (such as contact and billing information for your account and usage data to operate and improve the platform). We do not access the personal data within your databases or dashboards except as needed to provide the Service or as permitted by you. We implement administrative, physical, and technical safeguards to secure your personal information and Customer Data.

Data Processing Agreement (DPA): ClicData acts as a data processor on your behalf when processing any personal data that you (the data controller) upload to the platform. This means that you determine the purpose and nature of the data in your account, and we only process that data under your instructions to provide the Service. If you use ClicData to store or process personal data that is subject to data protection laws (for example, personal data of individuals under EU GDPR, or protected health information under U.S. HIPAA), you must enter into a Data Processing Agreement with ClicData.

Our standard DPA is available upon request and covers the required privacy and security commitments (such as GDPR Article 28 requirements). We will sign and honor a DPA or, if applicable, a Business Associate Agreement (for HIPAA) with you to ensure compliance with relevant laws. Using the Service to process regulated personal data without an appropriate DPA/agreement in place is at your own risk and may violate these Terms.

Importantly, ClicData is not your data controller and will not act as such; we do not determine how you use personal data in the Service, and we will never sell or use your customer-uploaded personal data for our own purposes. If no DPA is in place, that does not mean ClicData becomes a controller of your data – we remain a processor and will handle the data in accordance with these Terms and our Privacy Policy.

Confidentiality of Customer Data: We treat your Customer Data as confidential to you. Unless you give us permission, we will not access your data (including personal data) except (a) as necessary to support and run the Service, (b) if you request our help (for example, you grant access to our support engineers via the application’s support features), or (c) if required by law. Within ClicData, we limit access to Customer Data to authorized personnel who need to service your account. All ClicData employees and contractors are bound by confidentiality obligations. We also design our systems to segregate customer accounts and data to prevent unauthorized access.

Subprocessors: To provide a reliable, high-quality service, ClicData uses certain trusted third-party service providers – or subprocessors – to assist with data storage, infrastructure, and related services. For example, we use cloud hosting providers to store and process data (notably Microsoft Azure, among others), and email service providers to send notifications. We maintain an up-to-date list of our key subprocessors which is available upon request (or published on our website). All subprocessors are subject to strict data protection obligations through our contracts with them. We ensure that each subprocessor can only access data to perform the specific tasks we have hired them for, and they must safeguard personal data to at least the same standard we do.

Data Transfers: Because our infrastructure may be global, your Customer Data may be transferred to or stored in a country different from your own (for instance, data from EU customers may be hosted in a data center outside the EU). Whenever we transfer personal data internationally, we will implement appropriate legal safeguards in accordance with applicable laws – such as Standard Contractual Clauses (SCCs) or other approved transfer mechanisms under GDPR – to ensure your data remains protected. By using the Service, you authorize ClicData to store and process your data in the United States, France, and other countries where we or our subprocessors operate, as needed to provide the Service. We will always do so in compliance with applicable data protection laws.

Access by Support: In some cases, you may need technical support from ClicData that requires us to access your account data. Our platform includes a feature that allows you to explicitly grant our support team access to your account (sometimes called “impersonation”). We will only access your content when you have given permission through such features or via direct request, and solely for the purpose of assisting you (for example, troubleshooting an issue you reported). You can revoke this access at any time via your account settings. We also provide audit logs so you can see if and when our support staff accessed your account. In rare cases, our developers or system administrators may need to access your data without prior permission – for instance, to resolve a critical technical problem affecting the platform’s stability or security. Even in those cases, such access is limited to what is necessary and is closely controlled and audited.

Security Measures: ClicData employs industry-standard security measures to protect your data. This includes encryption of data in transit (e.g. using HTTPS for our application) and at rest, network firewalls, system monitoring, and regular security audits. We maintain certifications such as PCI-DSS (for handling payment information) and adhere to security best practices. However, it’s important for you as the Customer to also practice good security hygiene.

Your Responsibilities: You are responsible for managing who has access to your ClicData account and what permissions they have. Use strong passwords, update them periodically, and utilize two-factor authentication if available. Be cautious about sharing login credentials or leaving your account unattended. If you integrate ClicData with other applications, ensure those integrations are secure. We cannot be responsible for breaches or losses that result from your own failure to follow appropriate security practices (for example, if you neglect to secure your login or improperly expose data via a shared link).

If you have additional questions about how we secure data, you can visit our Trust Center (e.g., at our website’s security page) or contact us. We strive to be transparent about our security and data protection practices.

7. Service Availability and Support

We know uptime is important to you. ClicData will make commercially reasonable efforts to ensure that the Service is available and performing well at all times. We target at least 99.5% uptime for the Service over the course of each calendar year. However, occasional downtime may occur for maintenance or due to unforeseen issues.

Uptime Commitment: If you have a paid subscription, you may be entitled to a service level commitment. Specifically, if the Service availability falls below our target in a given month, you can request Service Credits as described below. Service availability is calculated on a monthly basis (considering the total minutes the Service was unavailable versus the total minutes in the month).

• Service Credits: If ClicData’s monthly uptime percentage drops below certain thresholds, you can receive a credit to your account as compensation:
  • Monthly Uptime ≥ 98.5%: No credit (99.5% is our goal, but no credit unless below 98.5%).
  • Monthly Uptime < 98.5% but ≥ 97.0%: 10% credit of your monthly fee for that month.
  • Monthly Uptime < 97.0% but ≥ 95.0%: 25% credit of your monthly fee.
  • Monthly Uptime < 95.0%: 50% credit of your monthly fee.

These credits are a percentage of the subscription fees for the affected month (or pro-rated equivalent if on an annual plan). To receive a Service Credit, you must submit a request to ClicData support within 30 days of the end of the month in question. Your request should include the dates and times of the service outages and a brief description of how it impacted you. We will verify the outage against our logs. Approved Service Credits will be applied toward future billing cycles of your subscription (we do not provide cash refunds for uptime issues, only credits toward future service).

Exceptions: The Service Credit policy applies to downtime within ClicData’s control. Downtime or service interruptions that result from certain causes will not count against our uptime calculation. These causes include, for example:

• Scheduled maintenance windows (we attempt to schedule maintenance during low-usage periods and, when possible, will notify you in advance).
• Force Majeure events (circumstances outside of our reasonable control, such as natural disasters, acts of government, widespread internet outages, or other extraordinary events).
• Third-party services or systems issues – for instance, problems caused by our underlying infrastructure providers (like cloud hosting or network providers) or other software integrations we do not directly control. We rely on services like Microsoft Azure and others for hosting; if they experience outages beyond our control, such downtime may not count as ClicData Service unavailability for purposes of SLA credits.
• Your own acts or omissions – for example, downtime caused by your misuse of the Service, your configuration errors, or issues with your internet connectivity or equipment.

If any of these exceptions apply to a particular outage, we may exclude that downtime from the uptime percentage calculation.

Support: ClicData provides customer support to help you use the Service and resolve issues. Support is available through our website (support portal or ticketing system), by email (such as contacting us at support@clicdata.com), or by phone for certain plans. We strive to respond to all support inquiries in a timely manner and to resolve problems as quickly as possible.

However, unless you have a separate Support SLA or premium support agreement, we do not guarantee a specific response time or resolution time. Our commitment is that we will make reasonable efforts to address your issues. Support hours and response times may depend on your subscription level (for instance, higher-tier plans may include priority support). We will inform you of any such distinctions in your plan description.

Please note that while we are happy to help with troubleshooting and usage questions, your cooperation is required: you may need to provide details about the issue, steps to reproduce a problem, or relevant screenshots/logs. For critical issues affecting Service availability, our technical teams are alerted and work on them 24/7 as needed, even if you haven’t yet contacted us.

8. Fees and Payment

By signing up for a paid ClicData subscription or any paid services, you agree to pay the applicable fees and charges. Here are the key points regarding pricing and payment:

• Pricing and Changes: The fees for the Service (subscription plans, add-ons, or other services) are set forth on our website or in your order. ClicData may adjust the pricing for its plans from time to time. If we increase prices, we will provide you with at least 30 days’ notice via email or within the Service. Fee changes will not take effect in the middle of your current billing cycle – any price increase will apply from the start of your next subscription term (e.g., your next monthly or annual renewal). In general, we limit any price increases to align with inflation or increased costs (for example, an annual increase up to the percentage change in the U.S. Consumer Price Index, unless a bigger change is necessary and communicated). If you do not agree to a price change, you may cancel your subscription before the new rates apply (see Termination section for how cancellation works).
• Billing Cycle: Your subscription will be billed in advance on a recurring basis (monthly or annually, depending on the plan you choose, unless otherwise agreed). The price you sign up for will be honored through the end of your paid-up period. After that, if pricing has changed (and you were notified as described above), the new rates will apply going forward.
• Payment Methods: We accept various payment methods, including credit/debit card, PayPal, and bank transfer. In some cases, we may accept payment by check or other methods, but only with prior agreement and possibly subject to an additional processing fee. For credit card and PayPal transactions, we use a secure third-party payment processor (for example, Braintree, a PayPal service). By providing a payment method, you authorize us to charge that payment method for the subscription fees and any applicable taxes or add-ons. If your payment method is credit card or PayPal, you agree that we may charge it automatically on each renewal date without further action by you, until you cancel the subscription.
• Taxes: All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities. You are responsible for any taxes or duties applicable to your use of the Service, other than taxes on ClicData’s income. This includes, for example, sales tax, VAT, GST, or similar indirect taxes that may be required by your state or country. If we are required to collect taxes from you, we will add those to your billed amount (for instance, we might collect VAT for EU customers if applicable). Similarly, you are responsible for any bank fees, currency exchange fees, or charges from your payment provider.
• Invoices: If we issue invoices (for example, for annual business plans or on request), you agree to pay the amount due as indicated on the invoice. Payment is due within the timeframe noted (typically, net 15 or 30 days) unless otherwise agreed. For credit card or online payments, charges will be processed automatically. For invoices paid by bank transfer, you must transfer funds to the account specified on the invoice. Maintaining accurate billing information is your responsibility – please update your account promptly if your billing contact or payment details change.
• Disputed Charges: If you believe there is an error in billing or disagree with a charge, you must notify us in writing within 60 days of the charge date. Please email or contact support with details of the issue. We will work with you in good faith to resolve any billing disputes. If you do not dispute a charge within this 60-day window, it will be deemed accepted and final.
• Late Payment / Non-payment: It is important to pay fees on time to maintain your Service. If we do not receive payment on time for a renewal or invoice, we reserve the right to suspend or downgrade your account. For example, if a monthly payment fails (perhaps due to an expired credit card) and you do not rectify it promptly, we may suspend access to your account until payment is received. We will typically send a warning or reminder (to your account email) if a payment is late or a credit card charge is declined. However, if payment is excessively delayed, we may disable or cancel your account for non-payment. In such a case, you may lose access to your data (which could be eventually deleted as described under Termination). Downgrade for Non-payment: As an alternative to cancellation, ClicData may downgrade a delinquent paid account to a free-tier account (if available). This could result in reduced features or loss of data beyond the free tier limits. We will not be liable for any data loss or damages that result from suspension or downgrade due to your failure to pay.
• No Refunds: Except as expressly provided in these Terms, all fees are non-refundable. This means that if you cancel in the middle of a paid period, we will not issue a refund for the unused portion (your account will remain active until the end of the period you paid for). Similarly, if we suspend or terminate your account due to your violation of these Terms, you will not be entitled to a refund. In some cases, we might provide pro-rated refunds or credits at our discretion (for example, if we terminate the Service entirely or you cancel shortly after renewal due to a documented hardship), but these are exceptions, not the rule.

Billing Entity: Please note that for billing purposes, your contract might be with our affiliate ClicData Inc (Delaware, USA) even if you are using the service in another country. All subscriptions and services are currently billed in United States Dollars (USD) by ClicData SAS, a company registered in France (with its registered office at 5-9 Rue du Palais Rihour, 59000 Lille, France). This is a technical detail that does not affect your service access, but it means your invoices/receipts will come from ClicData SAS. You should ensure payments are made to the account specified on those invoices or through the payment portal provided.

If at any point you have questions about charges or billing, you can contact us at contact@clicdata.com or through our support channels.

9. Upgrades and Downgrades

During your use of ClicData, you may decide to change your subscription level – either upgrading to a higher plan or downgrading to a lower plan. The following terms apply to plan changes:

Upgrading Your Plan: You can upgrade your subscription (for example, moving to a higher tier with more features or adding extra capacity) at any time. When you upgrade, the change takes effect immediately. The pricing difference for the remainder of your current billing period will be charged on a pro-rated basis (or the full new amount if our system doesn’t pro-rate) to your payment method at the time of the upgrade. On your next billing cycle, you’ll be charged the new rate. In summary, add-ons or upgrades that increase your rate will be billed immediately and you will have access to the new features or limits right away. Note that not all accounts can be upgraded infinitely – for example, if you are already on the highest tier, you may need a custom plan for additional capacity. If an upgrade option isn’t available in the interface, please contact our sales team to discuss alternatives.

Downgrading Your Plan: You may downgrade to a lower-cost plan, but only if your current usage is within the limits of that target plan. It is your responsibility to ensure that you meet the lower plan’s criteria (such as number of users, data storage, etc.) before downgrading. If you initiate a downgrade and your account is exceeding the new plan’s limits or includes features not available in that plan, the downgrade will not be allowed – your account will remain on the higher plan until you adjust usage or data accordingly. Downgrades take effect immediately once processed (or at the end of your current term if specified), and your next billing will reflect the lower rate. However, no refunds or credits will be given for any remaining time on your prior plan or for unused features. For example, if you had paid annually and downgrade halfway through, we do not refund the difference for the remaining months of the higher plan. Similarly, if you purchased additional features or data that are not used by the time of downgrade, those are not refunded.

Please use caution when downgrading – moving to a lower plan might result in loss of features or data. For instance, if the lower plan supports fewer data connections or stored records, some of your data beyond those limits may become inaccessible or be deleted. We will normally warn you about potential data loss, but we cannot be responsible for any loss of data or functionality due to a downgrade that you choose. In some cases, certain high-level subscriptions cannot be downgraded at all (except by canceling and re-subscribing) – this will be indicated if applicable. When in doubt, contact us to discuss the best way to adjust your plan.

10. Cancellation and Termination

Cancellation by You: You are free to stop using ClicData at any time. If you decide to cancel your account or subscription, you can do so by contacting ClicData support (for example, by submitting a support ticket or emailing contact@clicdata.com with your cancellation request). In some cases, we may provide a cancellation option in the account settings, but direct contact ensures your request is processed. When you cancel, the cancellation takes effect at the end of your current paid billing period unless you request an immediate termination. This means if you have a monthly plan and cancel in the middle of the month, you can continue to use the Service until your paid month is over, but it will not auto-renew for the next month. For an annual plan, you would retain access until the end of that annual term (again, with no renewal). If you prefer to shut down immediately, let us know – we can do that, but note that per the Fees section, we do not provide refunds for any unused time remaining in your subscription. After the end of the subscription term following cancellation, your account will be closed and access to the Service will cease.

Termination or Suspension by ClicData: We hope never to have to end a user’s access, but we reserve the right to suspend or terminate your account under certain circumstances:

• For Violation of Terms: If you materially breach these Terms or the Acceptable Use Policy (for example, by causing security issues, not complying with legal requirements, or infringing on others’ rights), we may suspend your access immediately and/or terminate your account. In most cases, we will attempt to notify you and resolve the issue with you first, but if the violation is severe or poses an urgent threat, we may act without prior notice.
• For Non-Payment: If you fail to pay your subscription fees and do not cure that failure after receiving warnings (see Fees and Payment), ClicData may deactivate or eventually terminate your account for non-payment. We will send you at least one notice (to the email on your account) informing you that payment is overdue and your service is at risk of termination. It is your responsibility to ensure we have a correct email and that you check it. We are not liable if you miss the notice due to spam filters, outdated email, or other issues on your side. If payment is not made after the notice, we may revoke access to the Service and delete your account as described below.
• Service Disruption or Risk: If your use of the Service (even if unintentional) is causing harm, legal exposure, or material inconvenience to us or others – for example, if your account is involved in a DDoS attack, or it’s spreading malware, or if there are claims of severe infringement – we may suspend your account while we investigate. We will make reasonable efforts to contact you in such a case and resolve things cooperatively. However, if the issue cannot be resolved or the risk remains, we may terminate your account to protect our Service and users.
• At Our Discretion (Service Changes): In rare cases, ClicData may decide to discontinue the Service or a portion of it, or end our business relationship with a particular customer for business reasons. If we terminate your account without cause (not due to your fault), we will provide you with at least 90 days’ advance written notice. This is to give you time to export your data and find an alternative. During that notice period, your subscription fees would be waived or refunded on a pro-rata basis if we are terminating service on our end. (An example of this scenario might be if ClicData ceases to operate in your region or discontinues a legacy product you were using.)

Effect of Termination: When your account is terminated (by you or by us), we will mark it for closure. You will no longer have access to the Service once the effective cancellation date passes. Data Retention and Deletion: We know your data is important, and we provide a grace period for you to retrieve data after account termination. After your account is closed, ClicData will retain your Customer Data for 14 calendar days (the “data retention period”). During this 14-day window, you will not have normal access to the Service, but you may contact us to request an export of your data if you did not retrieve it before cancellation. After 14 days, we will proceed to permanently delete all Customer Data associated with your account from our active systems. Once deleted, the data cannot be recovered. We strongly recommend that you export or download any data you need before your account is cancelled or during the 14-day grace period.

Please note that even after deletion from active systems, some of your data may continue to exist in our backup archives for a limited time. Our system backups are encrypted and kept for disaster recovery purposes only. These backups are typically overwritten or deleted on a rolling basis, generally within up to 35 days after account deletion (in line with our data retention policy). During that interim, the data is not readily accessible by our operational systems and would only be restored in the event of a disaster. After that, no Customer Data will remain in any form in our systems.

Account Content on Downgrade: If your account was downgraded to a free plan due to non-payment or by request, and you exceed the free plan limits, some of your data might be inaccessible. If you do not reduce usage or upgrade again, we may eventually delete data that is beyond the free plan capacity, starting with the most recent or largest data, at our discretion. We will try to notify you before deleting any data in this scenario.

Survival: Upon termination of your account, most of these Terms will no longer apply, but certain sections will “survive” termination. Specifically, any provisions regarding fees owed (if any), ownership of intellectual property, confidentiality, warranty disclaimers, limitation of liability, indemnification, dispute resolution, and any other clauses that by their nature should survive, will remain in effect even after your account is closed.

11. Intellectual Property

ClicData’s Intellectual Property: The Service (including our website, platform, software, and all of its components and content provided by us) is protected by intellectual property laws. ClicData (and its licensors, if applicable) owns all rights, title, and interest in and to the Service and its associated intellectual property. This includes (but is not limited to) the software code, design, architecture, algorithms, user interface elements, logos and trademarks, the “look and feel” of the application, and any documentation or support materials we provide. Using our Service does not give you any ownership of any part of the Service or the intellectual property in it. You are not allowed to copy, reproduce, distribute, or create derivative works from our software or other materials, except as explicitly permitted by ClicData. You also agree not to remove or obscure any copyright, trademark, or other proprietary rights notices on the Service.

We value your compliance with these IP protections. Specifically, you may not (and you agree not to allow anyone else to) reverse engineer, decompile, or attempt to discover the source code or underlying trade secrets of the Service, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction. You may not use any automated systems or software to extract or scrape data from our platform (except as allowed via our APIs and standard use of the Service). If you want to integrate with ClicData or use our API, you must do so within the terms of any API license or developer agreement we provide.

Feedback and Suggestions: We welcome feedback, bug reports, and suggestions to improve our Service. However, if you choose to submit any ideas, suggestions, enhancement requests, or other feedback (collectively, “Feedback”) to ClicData, you acknowledge and agree that: (a) ClicData is under no obligation of confidentiality with respect to Feedback (meaning we are free to use it and disclose it); (b) your Feedback is given without any expectation of compensation or reward, and you give us permission to use or incorporate the Feedback into our products and services without any obligation to you; (c) by submitting the Feedback, you irrevocably grant ClicData a worldwide, perpetual, royalty-free license to use, modify, and incorporate the ideas from your Feedback in any way; and (d) we own all rights to any improvements or new features that may result from your Feedback. In short, if you think of a way to make ClicData better and tell us, we may use it, and you won’t be owed anything – but we greatly appreciate it!

Your Content’s Intellectual Property: This topic was covered earlier under “Your Content and Data,” but to reiterate: you retain all intellectual property rights in your own content. If you upload copyrighted data, you remain the copyright owner (or your organization or the original owner does). ClicData’s use of your content is only to provide the Service to you (and any usage you authorize, such as sharing), as explained above. We do not obtain any proprietary rights in your content through these Terms. You are simply granting us a functional license to handle your data for Service purposes. Aside from that, all rights in your data remain with you.

12. Confidentiality

In the course of using the Service or interacting with each other, either you or ClicData may receive information that is not public or is sensitive. Confidential Information includes any non-public information, whether oral, written, or digital, that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. This typically includes business plans, technical data, product roadmaps, customer lists, financial information, security policies, and any other information marked or designated as “confidential” by the disclosing party. Your Customer Data (the content you upload) is also considered your Confidential Information (unless it is publicly shared by you).

However, Confidential Information does not include information that:

• Is or becomes publicly available without breach of any obligation (e.g., information that was already published or generally known in the industry).
• Was already known by the receiving party prior to disclosure, with no confidentiality obligations.
• Is lawfully obtained from a third party who has the right to disclose it without restriction.
• Is independently developed by the receiving party without use of or reference to the disclosing party’s confidential information.

Obligations: Both you and ClicData agree to use the other party’s Confidential Information only for the purpose of fulfilling this Agreement (for example, we will use your data only to provide the Service, and you might use our confidential technical documentation only to use the Service). Neither party will disclose the other’s Confidential Information to any third party without prior written consent from the disclosing party. The only exceptions to this are disclosures to employees, contractors, or Affiliates who need to know the information to carry out the Agreement – and who are themselves bound by confidentiality obligations. Each party must take reasonable measures to protect the other’s Confidential Information from unauthorized access or disclosure. This level of care should be at least the same as the party uses to protect its own confidential information of a similar nature (and not less than a reasonable standard of care).

If a law, regulation, or court order requires the receiving party to disclose Confidential Information of the other (for instance, a court subpoena or government demand), the receiving party may do so provided that it, if legally permissible, gives prompt notice to the disclosing party so that the disclosing party has an opportunity to seek a protective order or otherwise contest the disclosure. Even then, the receiving party will only disclose the minimum amount of information legally required and will use reasonable efforts to ensure the information remains confidential under the circumstances (e.g., filing it under seal if in a court proceeding).

Confidentiality obligations continue even after this Agreement ends. Both you and we agree to continue protecting each other’s Confidential Information indefinitely, or at least for so long as it remains confidential (except information that becomes public through no breach of either party).

13. Disclaimer of Warranties

Use at Your Own Risk: ClicData strives to provide a great Service, but there are some things we can’t promise.

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, ClicData disclaims all warranties and representations, whether express, implied, or statutory, including (but not limited to) any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy of data, or quality of service. We do not guarantee that the Service will meet all of your requirements or expectations, that it will be uninterrupted, timely, secure, or error-free, or that any data you store or access through the Service will be accurate or reliable. While we commit to our uptime and support targets as described, we make no other warranties regarding availability or functionality. Any advice or information (oral or written) you obtain from ClicData outside of these Terms (for example, advice from support staff) does not create any warranty that is not expressly stated in these Terms.

Third-Party Content: We also disclaim any liability for any third-party content or services integrated into the ClicData platform. We don’t have control over the data you connect from outside sources or the services provided by others, so we can’t warranty those either. You bear the risk of using any third-party integrations.

Some jurisdictions do not allow certain warranty exclusions – in such cases, some of the above disclaimers may not apply to you to the extent disallowed by law. But in general, we want to make clear that use of the Service is at your own discretion and risk. You are responsible for any consequences that arise from your use of the Service.

14. Limitation of Liability

No Indirect Damages: To the maximum extent permitted by law, neither ClicData nor you (as the Customer) will be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use or inability to use the Service, or otherwise under these Terms. This exclusion includes any loss of profits, loss of business, loss of revenue, loss of data, or business interruption, even if the party knew such damages were possible or such damages were foreseeable. For example, ClicData is not liable if a downtime incident causes you to lose business or if a data error causes you to incur costs or lose revenue. Likewise, you are not liable to ClicData for indirect damages either (for example, if you breached the contract, we can seek direct losses but not punitive damages). Each party agrees to this mutual limitation.

Liability Cap: To the fullest extent permitted by law, each party’s total cumulative liability for any and all claims arising from or related to these Terms or the Service will not exceed the total amount you (the Customer) have paid to ClicData for the Service in the twelve (12) months immediately preceding the event giving rise to the liability. If you are on a free plan or trial and have paid us nothing, our total liability is limited to US $100 (one hundred U.S. dollars). This limitation applies whether the claims are based in contract, tort (including negligence), strict liability, or any other legal theory.

To illustrate, if you have been paying $100 per month for a ClicData subscription, and something happens that is ClicData’s fault, our maximum financial liability to you would be $1,200 (12 x $100). This cap includes all claims and damages, so if multiple issues occurred, the total for all of them combined in that year cannot exceed that cap.

Exceptions: The above limitations of liability (exclusion of certain damages and cap on monetary damages) apply to the fullest extent allowed by law. However, we do not seek to limit or exclude liability in situations where it would be illegal to do so. For instance, if a law does not allow exclusion of implied warranties or does not allow limiting liability for personal injury or death caused by negligence, then such provisions would not apply to the extent prohibited. Also, certain extreme circumstances might be treated differently: the liability cap and exclusions do not apply to a party’s gross negligence or willful misconduct, nor to breaches of Confidentiality or violations of intellectual property rights, nor to indemnification obligations outlined in these Terms. In other words, if ClicData were to intentionally do wrong or be grossly negligent, we couldn’t hide behind the liability cap for those actions. Similarly, if we breach confidentiality or infringe your IP rights, or owe you an indemnification, the standard cap might not apply in those cases. The same goes for you – if you willfully misused our Service or infringed our IP, the cap wouldn’t protect you in an indemnity scenario.

Additional Clarifications: We specifically want to address data security and breaches: ClicData is responsible for implementing reasonable security measures (as described in our Privacy section). If, despite our efforts, a security breach or data loss occurs due to our negligence, ClicData will take responsibility and you may have recourse under these Terms (for example, we would investigate, inform you, and potentially indemnify you for certain losses – see Indemnification below). However, if a breach or data loss is caused by your own actions or negligence – for example, you failed to secure your login credentials, or you improperly shared data publicly – then ClicData is not liable for that exposure of data. You agree that you are responsible for safeguarding your authentication information and ensuring your systems are secure.

Also, ClicData is not liable for any content inaccuracies or legal issues arising from the data you or your users provide. We do not verify the truth or legality of data you input; that risk is on you. And ClicData will not be liable for delays or failures in performance caused by Force Majeure events or other factors beyond our reasonable control (such as power outages, natural disasters, internet interruptions, government restrictions, etc.).

Sole Remedy: If you are dissatisfied with the Service or believe ClicData has breached these Terms, your sole and exclusive remedy (apart from the potential of service credits or refunds expressly offered, and subject to the liability limitations above) is to discontinue use of the Service and terminate your account. We value our customers, and we will strive to resolve issues, but ultimately if something isn’t working out, the limit of our liability is as stated and you always have the choice to stop using the platform.

The allocations of risk in this section are reflected in the pricing of ClicData’s services. Both you and we acknowledge that without these conditions, the deal between us (the “bargain”) would be different – these limitations are an essential part of the agreement.

15. Indemnification

Mutual Indemnity: Both you and ClicData agree to protect and compensate each other from certain losses or claims. In legal terms, each party (the “indemnifying party”) will indemnify, defend, and hold harmless the other party (the “indemnified party”), including the other party’s affiliates, officers, directors, employees, and agents, against any third-party claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) that arise from:

• the indemnifying party’s breach of these Terms or violation of any applicable law or regulation;
• the indemnifying party’s negligence or willful misconduct; or
• the indemnifying party’s infringement of any third-party rights (including intellectual property rights or privacy rights) due to its use or provision of the Service.

In plain language, this means: you agree to cover ClicData if a third party sues or demands compensation from us due to something you did wrong – for example, if you uploaded data you had no right to and it infringes someone’s copyright, and that person takes legal action against ClicData, you would be responsible for the costs or damages. Conversely, ClicData agrees to cover you if a third party makes a claim against you due to something we did wrong – for example, if a feature of our Service infringed someone’s patent and that patent owner sues one of our customers solely because of using our Service, ClicData would step in to handle the defense and any settlement or judgment.

Indemnification Process: If a claim arises that one party believes is covered by the indemnity above, that party should promptly notify the other in writing and provide information about the claim. The indemnifying party will then assume the defense of the claim with counsel reasonably satisfactory to the indemnified party. The indemnified party agrees to cooperate reasonably with the defense (at the indemnifying party’s expense). The indemnifying party will not settle any claim in a way that imposes any admission of fault or payment or other obligation on the indemnified party without that party’s prior written consent (which will not be unreasonably withheld). If the indemnifying party fails to promptly assume the defense, the indemnified party may do so (and the indemnifying party will reimburse those costs).

This mutual indemnity provides a level of protection for both you and us against outside legal issues caused by the other party’s actions.

16. Governing Law and Dispute Resolution

Governing Law: This Agreement is governed by and construed in accordance with the laws of the State of Delaware, USA, if you are a customer with a business address (or residence) in the United States. If you are located outside of the United States, this Agreement will be governed by the laws of France. In either case, the governing law is chosen without regard to its conflict-of-laws principles, and the United Nations Convention on Contracts for the International Sale of Goods does not apply. Governing law dictates what jurisdiction’s laws will be used to interpret the contract and handle any disputes, but it is separate from the matter of where or how disputes are resolved, which is addressed below.

Arbitration Agreement: We value our relationship with you and hope to resolve any issues amicably. If you have any concerns or disputes with ClicData, please contact our support team first and we will try our best to resolve the matter informally. Most issues can be solved through communication and we welcome the opportunity to address your concerns.

If a dispute arises that we cannot resolve informally, you and ClicData agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief as noted below) by binding arbitration on an individual basis. This includes any disputes arising from these Terms, our Privacy Policy or Acceptable Use Policy, or your use of the Service in general. Arbitration is a process where a neutral arbitrator (not a judge or jury) decides the dispute, and the decision is final and binding, with limited rights of appeal.

Arbitration Procedure: The arbitration will be administered by a recognized arbitration organization (for example, the American Arbitration Association, “AAA”) under its applicable rules (such as the Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, if appropriate).

Arbitration Location: If you reside or your business is in the United States, the arbitration will take place in Delaware, USA unless we both agree to another location. If you are based outside the U.S., the location of arbitration is Paris, France; the arbitration may proceed via remote means (like document submissions or videoconference) to minimize the burden of travel. The arbitration proceedings will be conducted in English, unless otherwise required by law or agreed.

Each party will be responsible for its own costs of arbitration (attorney’s fees, etc.), except as provided by law or the arbitration rules (for example, some consumer arbitration rules require the business to pay a larger share of fees). The arbitrator can award the same damages or relief as a court, including injunctive relief or statutory damages, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Class Action Waiver: You and ClicData agree that any arbitration (or, if arbitration is unenforceable, any court proceeding) will be conducted on an individual basis only and not in a class, consolidated, or representative action. This means neither you nor ClicData will join disputes with other customers in a single proceeding, and neither can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative capacity (such as a private attorney general) against the other. The arbitrator (or court) may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

No Class Arbitration: If for some reason this class action waiver is deemed unenforceable (for instance, a legal ruling states you cannot waive the right to class action in your context), then the entirety of the agreement to arbitrate will be deemed void, and any such class claims shall proceed in court, subject to the next paragraph.

Exception – Small Claims and Injunctive Relief: Notwithstanding the foregoing arbitration requirement, either party may choose to bring an individual action in a small claims court (if the claim is within that court’s jurisdiction and limits) rather than through arbitration. Also, either party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misuse, or violation of intellectual property rights or breaches of confidentiality. For example, if you were to violate our intellectual property rights, we could seek an injunction in court to stop that misuse (and vice versa, if we improperly used your data in violation of these Terms, you could seek an injunction).

Jurisdiction and Venue: Subject to the arbitration agreement above, if any dispute arises that for some reason is not subject to arbitration, you and ClicData consent to the exclusive jurisdiction of the state and federal courts located in Delaware, USA (for customers in the United States), or the competent courts of Lille, France (for customers outside the US, given French governing law), as the venue where any such litigation must be brought. You and we waive any objection to jurisdiction or venue in those courts, including any claim that such an action has been brought in an inconvenient forum.

Time Limits: To the extent permitted by law, any dispute or claim arising out of these Terms or the Service must be brought within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred. (This does not apply to intellectual property or confidentiality claims.)

This Dispute Resolution section may sound dense, but its core purpose is to encourage us to resolve issues informally first, and if not, to use arbitration (instead of lengthy court litigation) and avoid collective lawsuits, which can be costly and inefficient. By agreeing to these Terms, both you and ClicData are giving up the right to trial by jury and the right to participate in a class action for covered disputes, as legally permitted.

17. Changes to these Terms

ClicData may update or modify these Terms from time to time. If we make a material change (something significant that affects your rights or obligations), we will notify you by email or by posting a prominent notice within the Service prior to the change becoming effective. We will try to give at least 30 days’ advance notice of significant changes. Your continued use of the Service after an update means that you accept the new Terms. If you do not agree to a revised term, you should stop using the Service and, if applicable, cancel your subscription. For minor tweaks or changes that do not significantly alter rights (for example, clarifications or improvements to wording, or changes due to new features or legal requirements), we may not send a formal notice, so please review these Terms periodically. The “Last Updated” date at the top indicates when the latest changes were made. We will not change the Terms retroactively for past use – changes will apply going forward.

Remember, all new features or tools that we release will also be subject to the then-current Terms. We also maintain prior versions of our Terms (or a summary of changes) for reference if needed; feel free to ask us if you’re curious about what’s changed.

18. Miscellaneous

Entire Agreement: These Terms (together with any documents incorporated by reference, such as the Privacy Policy, Acceptable Use Policy, and any executed Data Processing Agreement, and together with any specific order forms or written addenda between you and ClicData) constitute the entire agreement between you and ClicData regarding the Service. They supersede all prior or contemporaneous agreements, proposals, or representations, whether written or oral, concerning their subject matter. In case of any conflict between these Terms and any separate written agreement you have with ClicData, the terms of that separate agreement (e.g., a Master Services Agreement or custom contract) will prevail for the scope of that agreement.

Severability: If any provision of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect. In other words, the invalid part will be cut out or narrowed, and the rest of the agreement stays valid. For example, if the class action waiver were found unlawful in your jurisdiction, it would be severed and the rest of the arbitration agreement might still stand for individual disputes.

Waiver: If either party fails to enforce any right or provision of these Terms, it shall not constitute a waiver of future enforcement of that right or provision. To be clear, just because we don’t immediately act on a breach of the Terms doesn’t mean we are waiving our right to act on it or any similar breach later. Any waiver, amendment, or modification of any provision of these Terms will be effective only if in writing and signed by an authorized representative of both you and ClicData, unless otherwise stated herein.

Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) to anyone else without our prior written consent. For example, you cannot transfer your subscription to a third party or through operation of law to a successor if you undergo a merger, unless we agree. ClicData may assign these Terms or any rights hereunder to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets related to the Service, and you hereby consent to such assignment. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

No Third-Party Beneficiaries: These Terms create rights and obligations only between ClicData and you (and your organization, if applicable). There are no third-party beneficiaries to these Terms. This means no other person or entity (for example, your clients or end-users) can claim rights under this agreement against ClicData by virtue of your agreement.

Relationship of the Parties: The relationship between you and ClicData is that of independent contractors. Nothing in these Terms shall be construed to establish any partnership, joint venture, employment, franchise, or agency relationship between you and us. Neither party has the authority to bind the other or incur obligations on the other’s behalf without prior consent.

Export Compliance: The Service (and any software we provide) may be subject to export laws and regulations of the United States and other jurisdictions. You agree to comply with all relevant export control and sanctions laws. You represent that you are not located in, under control of, or a national or resident of any embargoed or restricted country and that you are not a prohibited or restricted party as defined by U.S. or other applicable law.

Contact Information: If you have any questions about these Terms or need to reach ClicData for any reason, please contact us at contact@clicdata.com. You can also find further contact details on our website. For legal notices or service of process, correspondence can be sent to our U.S. office at 459 Columbus Ave #4007, New York, NY 10024, USA, or to our European office at 5-9 Rue du Palais Rihour, 59000 Lille, France, Attn: Legal Department.

Thank you for using ClicData and for taking the time to read our Terms of Service. We appreciate your business and look forward to supporting your data analytics needs!

19. Definitions

For clarity, here is a brief glossary of key terms used in these Terms:

• ClicData (also “we” or “us”) – Refers to the provider of the Service, which includes ClicData SAS. (a French corporation) and its affiliates ClicData INC (Delaware, USA). Depending on your location and context, one of these entities will be the contracting party, but in these Terms “ClicData” covers the entire company group offering the platform.
• Customer (also “you” or “Account Owner”) – The person or legal entity who has agreed to these Terms and is using the Service. If you create an account as an individual, you are the Customer. If you create an account on behalf of an organization, that organization is the Customer (and you represent that organization). An Account User is any individual authorized by the Customer to access the Service under the Customer’s account (for example, team members in the organization’s workspace).
• Service (or Services) – The ClicData platform and all related services, software, and websites provided by ClicData under these Terms. This includes the web application, any downloadable software or mobile apps, APIs, cloud storage, and any support or professional services we provide as part of your subscription.
• Subscription – The arrangement by which you pay for and access the Service. A Subscription is typically defined by a plan (Free, Trial, or a specific Paid tier) with certain features and usage limits, and a billing cycle (e.g., monthly or yearly). Your “Subscription” delineates what you’re entitled to use.
• Acceptable Use Policy (AUP) – ClicData’s rules of conduct for using the Service, which outline what is and isn’t allowed. The AUP is an external policy document that is incorporated into these Terms. It covers prohibited activities such as illegal usage, security violations, spam, infringement, and other misuse of the Service.
• Platform Privacy Policy – The external policy that explains how ClicData collects, uses, stores, and protects personal information. It covers data like your account registration info, how we use cookies, how we may process personal data you upload, and your rights regarding your personal information. By using the Service, you also agree to the terms of the Privacy Policy.
• Customer Data (or “Content”) – Any data, information, files, or content that you or your authorized users upload, submit, or store in the ClicData Service. Customer Data could include databases, spreadsheets, text, images, account information, etc. It’s essentially the information you supply to the platform, as opposed to ClicData’s software or content.
• Personal Data – Any information that can identify an individual or that is about an identifiable individual. This term is used primarily in the context of data protection laws like GDPR. Personal Data may be part of Customer Data (for example, if you upload a list of people’s names and emails, that’s personal data). The Privacy Policy and DPA cover how such data is handled.
• Data Processing Agreement (DPA) – A contract between ClicData and the Customer that governs how ClicData, as a data processor, handles personal data on behalf of the Customer (the data controller). The DPA is necessary for compliance with certain privacy laws (e.g., GDPR) when personal data is processed. It includes commitments on data security, breach notification, subprocessors, etc.
• Subprocessor – A third-party service provider that ClicData uses to process Customer Data as part of providing the Service. Examples include cloud hosting providers, email delivery services, or analytics services that might temporarily handle data. ClicData’s subprocessors are bound by contractual terms to protect data and they only process data for the purposes ClicData dictates.
• Service Level Agreement (SLA) – In these Terms, SLA refers to our service availability commitment (we target 99.5% uptime) and the remedies available if we don’t meet that (i.e., Service Credits). We have not provided a separate SLA document, but the uptime commitment and credits section serves as an SLA. A custom SLA could be a separate agreement for certain enterprise customers.
• Service Credits – The credits or discounts that may be issued to you if the Service fails to meet the uptime targets defined in the SLA. These credits are a percentage of fees, as detailed in the Service Availability section, and can be applied to future billing periods.
• Order Form – This refers to any ordering document or online sign-up form that specifies the commercial terms of your subscription. For example, if you sign up on our website, the plan and pricing you choose, or any quote you sign, is an “Order Form.” It typically includes your selected plan, term (month-to-month or annual), number of users or specific limits, and pricing. Order Forms (including online checkout confirmations or invoices) are considered part of the agreement, especially if they contain terms that complement these Terms.
• Affiliate – Any entity that controls, is controlled by, or is under common control with a party. For instance, ClicData, Inc is an affiliate of ClicData SAS. If we refer to our affiliates in the Terms (such as indemnifying “ClicData and its affiliates”), it means those companies are also covered or protected. Likewise, if you have an affiliate that uses the Service under your account, references to you may include those affiliates (with our consent).
• Force Majeure – An event or effect that is beyond a party’s reasonable control, which prevents that party from performing its obligations under these Terms. Examples include natural disasters (earthquakes, hurricanes), wars, terrorist acts, government orders, strikes, epidemics/pandemics, power or Internet outages not caused by the obligated party, and other unforeseeable events of serious magnitude. If a force majeure event occurs, the affected party may be excused from performing (or delayed in performing) its obligations (like maintaining uptime) for the duration of the event.
• Confidential Information – Any non-public information disclosed by one party to the other that is designated as confidential or that should reasonably be understood to be confidential given its nature. See the Confidentiality section for more details on what constitutes Confidential Information and what is excluded (such as information that is public or independently known).
• Indemnify / Indemnification – The act of compensating someone for harm or loss, or protecting them from legal responsibility for it. In these Terms, indemnification is essentially a promise to cover the other party’s losses if a certain type of third-party claim is made against them (due to the indemnifying party’s fault). See the Indemnification section for what each party agrees to indemnify the other for.

If you encounter any other capitalized terms in these Terms that are not defined here, they likely are defined in the context or are common legal terms. These definitions are provided to make the Terms easier to read. If you have any questions about the meaning of a term in these Terms, please feel free to reach out to us for clarification.