TERMS OF SERVICE

Effective Date: June 13, 2025

These Terms of Service (“Terms”, “Agreement”) constitute a legally binding agreement between Solverhood OÜ, a company incorporated under the laws of Estonia, with its registered address at Pärnu mnt 12, Tallinn, Estonia, Registry Number: 14383462, VAT ID: EE102030321, together with its U.S. partner entity, StatsUp, LLC, 30 North Gould Street, STE R, Sheridan, WY 82801, United States, Tax ID: 38-4336557 (collectively “Analyzify”, “we”, “us”, “our”, “Processor”) and the entity or person who installs, accesses, or uses the Analyzify application and Services (“Client”, “Merchant”, “You”, “Your”, “Controller”).

By installing the Analyzify application from the Shopify App Store, accessing or using our Services, You acknowledge that You have read, understood, and agree to be bound by these Terms, our Data Processing Agreement, and Privacy Policy, which are incorporated herein by reference.

1. DEFINITIONS

1.1 “Account” means the unique account created when You install Analyzify on Your Shopify store, which provides access to our Services.

1.2 “Analyzify app” or “App” means the software application available through the Shopify App Store that provides analytics, tracking, and marketing integration Services.

1.3 “Client Content” means all data, information, and materials that You provide, submit, or transmit through the Services, including but not limited to store data, customer information, and configuration settings.

1.4 “Confidential Information” means any non-public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.

1.5 “Documentation” means the user guides, technical documentation, and support materials made available by Analyzify at https://docs.analyzify.com or through the App.

1.6 “End Users” or “Visitors” means individuals who visit or interact with Your Shopify store and whose data may be processed through our Services.

1.7 “Personal Data” means any information relating to an identified or identifiable natural person as defined under applicable data protection laws, including but not limited to the GDPR.

1.8 “Processing” or “Process” means any operation or set of operations performed on Personal Data, whether or not by automated means, including but not limited to collection, storage, use, disclosure, analysis, deletion, or modification.

1.9 “Professional Services” means optional implementation, configuration, support, or consulting Services provided by Analyzify beyond the standard Services.

1.10 “Services” means the Analyzify Shopify Application and any related offerings provided by Analyzify, including but not limited to tracking and analytics tools, server-side and client-side integrations, marketing attribution and reporting features, consent management tools, custom configurations such as Google Tag Manager (GTM) setups and data layer implementations, integrations with third-party Data Destinations (such as Google Analytics, Google Ads, Facebook Ads, TikTok Ads, Google Search Console, Shopify, and others), as well as any Professional Services, Premium Support, maintenance, updates, or modifications provided by Analyzify.

1.10 “Store” means Your Shopify online store(s) where the Analyzify Application is installed.

1.11 “Store Owner” means the legal entity or individual who owns the Store and is the contracting party for these Terms.

1.12 “Subscription Term” means the period during which You have paid for and are authorized to use the Services.

1.13 “Third-Party Platforms” or “Data Destinations” means third-party platforms and Services that Client may choose to integrate with through Analyzify, including but not limited to Google Analytics, Google Ads, Facebook Ads, TikTok Ads, Google Tag Manager, Google Search Console, Shopify, and similar platforms. Client authorizes Analyzify to transmit Client Data to such Data Destinations based on Client’s configuration and instructions.

1.14 “Direct Integration” means the connection between Your Shopify store and Third-Party Platforms (such as Google Analytics, Google Ads, Meta/Facebook, TikTok) through Analyzify using Shopify’s App Embed and Web Pixels API technology stack, providing automated, reliable tracking without requiring manual code implementation.

1.15 “Customized (GTM) Integration” means the utilization of Analyzify’s enhanced data layer with Google Tag Manager for specialized tracking needs. While Analyzify provides a pre-built GTM container template, configuration of custom tracking requirements beyond the standard implementation is not included in the core plan and may be performed by the Client (self-setup) or through Professional Services.

1.16 “Order Limit” means the maximum number of e-commerce orders that can be tracked per month under Your subscription plan.

1.17 “Legacy Plan” or “One-time Plan” means a discontinued pricing model where Clients paid a single fee for lifetime access to specific features available at the time of purchase.

1.18 “Material Changes” means modifications to these Terms that substantially alter Your rights, obligations, pricing, data handling practices, or core Service functionality.

1.19 “Shopify” means Shopify Inc. and its e-commerce platform where the Analyzify App is installed and operates.

1.20 “Client-Side Tracking” means data collection that occurs directly in the End User’s browser using JavaScript and cookies.

1.21 “Server-Side Tracking” means data collection and processing that occurs on Analyzify’s servers rather than in the End User’s browser.

2. ACCOUNT TERMS

2.1 Store Owner

2.1.1 The person or entity installing the Analyzify Application by creating an Account will be the contracting party (“Store Owner”) for the purposes of these Terms and will be the person or entity authorized to use any corresponding Account we provide in connection with the Services. You are responsible for ensuring that the Store Owner’s name (including the legal name of the company that owns the Store, if applicable) is accurately provided during registration.

2.1.2 If You are installing the Services on behalf of Your employer or another entity, that employer or entity will be the Store Owner. If You are installing the Services on behalf of Your employer or another entity, You represent and warrant that:

• You have the authority to bind such employer or entity to these Terms
• You are using an employer-issued or entity-authorized email address
• Your actions are within the scope of Your employment or authorization

2.1.3 Each Store can only be associated with one Store Owner. A Store Owner may have multiple Stores using Analyzify, subject to applicable pricing and licensing terms. Each Store requires a separate Analyzify installation and may be subject to separate charges.

2.2 Account Responsibilities

2.2.1 You are responsible for:

• Maintaining the confidentiality of Your Account credentials
• All activities that occur under Your Account
• Ensuring that all use of Your Account complies with these Terms
• Immediately notifying us of any unauthorized use of Your Account

2.2.2 You must provide accurate, current, and complete information during registration and maintain such information throughout Your use of the Services.

2.2.3 Analyzify reserves the right to refuse registration of, or cancel, Accounts that we reasonably believe violate these Terms, applicable law, or third-party rights.

2.4 Authentication and Security

2.4.1 You may receive authentication tokens that identify and authorize You to access the APIs and other relevant components of the Analyzify Services. It is Your sole responsibility to:

• Ensure the secure retention of such authentication information
• Prevent access by unauthorized third parties
• Immediately notify Analyzify of any suspected compromise
• Rotate or update credentials as recommended

2.4.2 Any actions taken using Your authentication tokens will be attributed to You, and You remain fully liable for such actions.

3. USE OF SERVICES

3.1 Service Description

3.1.1 Analyzify provides the following core Services:

• Server-side and client-side tracking for platforms including GA4, Google Ads, Facebook, and TikTok
• Customized GTM (Google Tag Manager) setup including data layers and GTM container configuration
• Consent management and GDPR-compliant integrations
• Marketing analytics and reporting for various platforms
• Data processing and transmission to Third-Party Platforms based on Your configuration

3.1.2 The Services operate by:

• Installing tracking scripts on Your Store
• Collecting visitor interaction data
• Processing and transmitting data to Your configured Third-Party Platforms
• Generating analytics reports based on collected data

3.2 Grant of Rights

3.2.1 Subject to Your compliance with these Terms and payment of applicable fees, Analyzify grants You a limited, non-exclusive, non-transferable right to access and use the Services during the Subscription Term solely for Your internal business purposes in connection with Your Store(s).

3.2.2 All rights not expressly granted to You are reserved by Analyzify. Except as expressly set forth in these Terms, these Terms do not grant You any rights in or to any intellectual property rights in the Services.

3.3 Acceptable Use

3.3.1 You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation
• Transmit any material that is defamatory, offensive, or otherwise objectionable
• Use the Services to transmit any unsolicited or unauthorized advertising or promotional materials
• Impersonate any person or entity or misrepresent Your affiliation with any person or entity
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks
• Use any robot, spider, scraper, or other automated means to access the Services
• Reverse engineer, disassemble, or decompile any aspect of the Services
• Remove, alter, or obscure any proprietary notices from the Services
• Use the Services to collect or store Personal Data in violation of our Privacy Policy or applicable law
• Resell, redistribute, or sublicense the Services without our prior written consent

3.3.2 You are solely responsible for:

• Your compliance with all applicable laws and regulations
• Obtaining any necessary consents from End Users for data collection and processing
• The accuracy and legality of all Client Content
• Configuring consent management settings appropriately for Your jurisdiction and use case

3.5 Client Configuration Responsibilities

3.5.1 It is solely Your responsibility to choose a configuration of the Analyzify Services which complies with applicable data protection regulations. While Analyzify offers GDPR-compliant settings and tools, we do not provide legal advice.

3.5.2 You are responsible for:

• Selecting appropriate consent management settings
• Choosing a Consent Management Platform (CMP) to facilitate compliance with EU legislation concerning the use of cookies and similar technologies
• Configuring Data Destinations in compliance with applicable laws
• Ensuring Your data collection practices align with Your privacy policy

4. PROFESSIONAL SERVICES

4.1 Implementation Services

4.1.1 Analyzify offers Professional Implementation Services designed to assist with Your setup process. These Services include:

• One complimentary setup by our implementation team (included with yearly plan)
• Configuration of Analyzify Direct Integrations and Data Layer Integration
• Expert support for product-related topics during setup
• Technical assistance with updates and troubleshooting

4.1.2 For clients on legacy one-time plans, we provide 3 months of support including initial setup. After this 3-month period, support is available only through our Professional Services for an additional fee. Legacy one-time plans do not include access to server-side tracking features or Marketing Analytics reports.

4.2 Premium Support Plan

4.2.1 We offer an optional Premium Support Plan for specialized needs outside our standard scope, including:

• Third-party app-related problems
• Code optimization
• Advanced reporting analysis
• Custom implementation requirements

4.2.2 The Premium Support Plan provides up to 10 hours of priority support over a 2-month period. Additional hours or extended periods are available upon request.

4.4 Temporary Access for Professional Services

4.4.1 If You request Professional Implementation Services from the Analyzify team, we may require temporary access to Your Data Destinations (such as Google Analytics, Google Ads, etc.) to assist with configuration, settings, and report creation.

4.4.2 Such access will be:

• Limited to the duration necessary to complete the requested Services
• Used solely for the purpose of providing the requested Services
• Subject to confidentiality obligations

4.4.3 You may revoke collaboration access immediately upon completion of the Professional Services.

5. FEES AND PAYMENT

5.1 Subscription Plans

5.1.1 Current Offering: Analyzify Yearly Plan

• Recurring annual subscription
• Includes standard features and one complimentary implementation
• Continuous updates and standard support
• Automatic renewal unless cancelled

5.1.2 Legacy Plans: One-time payment plans are no longer offered for new customers. Existing one-time plan users:

• Maintain lifetime access to client-side tracking features available at time of purchase
• Receive 3 months of support from the date of purchase (extensions available via Professional Services)
• Do not have access to server-side tracking or Marketing Analytics features
• May upgrade to the yearly plan to access all features including server-side tracking and Marketing Analytics
• Will retain original one-time plan features (excluding server-side tracking and Marketing Analytics) if yearly subscription is later cancelled

5.2 Order Limits and Additional Fees

5.2.1 Standard Plan includes tracking for up to 10,000 orders per month.

5.2.2 Additional capacity pricing:

• +10,000 orders/month: $300/year
• Up to 100,000 orders/month: $2,500/year
• Custom limits available upon request

5.2.3 Professional Services fees are charged separately as one-time payments.

5.3 Payment Processing

5.3.1 All payments are processed securely through Shopify’s payment system. By using our Services, You authorize Shopify to charge Your designated payment method for all applicable fees.

5.3.2 To purchase or modify Services, You must be logged into Your Store’s Shopify admin panel. All transactions are protected by Shopify Payments APIs.

5.3.3 You are responsible for:

• Providing accurate and complete billing information
• Updating payment information as necessary
• Paying all fees associated with Your use of the Services

5.4 Billing Cycles and Renewal

5.4.1 Billing cycles are managed by Shopify. Charges begin upon first approval of the App and recur at the start of each billing period.

5.4.2 Automatic Renewal: At the end of each billing cycle, Your subscription will automatically renew under the exact same conditions unless You cancel it or Analyzify or Shopify cancels it. You will be charged for the renewal term automatically.

5.4.3 Order Limit Overages: If You exceed Your monthly order limit during any billing period, Analyzify will notify You and request payment for additional capacity as stated in Section 5.2. Failure to pay for overages may result in Service limitations.

5.4.4 Important considerations:

• If You uninstall the App shortly after installation, charges may still apply due to billing cycle timing
• Pausing Your Shopify store does not automatically pause Analyzify charges
• If You plan to pause Your Store, consider uninstalling Analyzify to avoid recurring charges
• Store freezing or deactivation will pause recurring charges, which resume when the Store is reactivated

5.5 Refund Policy

5.5.1 We maintain a strict no-refund policy. All sales are final.

5.5.2 In exceptional circumstances, we may consider refund requests at our sole discretion. If approved:

• Processing typically takes approximately 30 days
• A processing fee will be deducted from the refund amount
• Refunds are processed through Shopify’s payment system

5.5.3 No refunds will be provided for:

• Services already rendered
• Client’s failure to properly configure or use the Services
• Issues caused by Third-Party Platforms or integrations
• Partial subscription periods

5.6 Taxes

5.6.1 All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties, excluding taxes based on Analyzify’s income.

5.7 Discounts

5.7.1 We offer a 20% discount for additional Stores under the same Store Owner account. No other discounts are available unless explicitly authorized in writing by Analyzify.

6. PROPRIETARY RIGHTS

6.1 Analyzify Rights

6.1.1 Analyzify and its licensors retain all right, title, and interest in and to the Services, including all software, technology, information, content, materials, guidelines, Documentation, and other intellectual property rights therein.

6.1.2 No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Analyzify or its licensors, except for the limited rights expressly granted in these Terms.

6.2 Client Content

6.2.1 You retain all right, title, and interest in and to Your Client Content. By using the Services, You grant Analyzify a worldwide, non-exclusive, royalty-free license to use, copy, store, transmit, display, and process Client Content solely as necessary to provide the Services to You.

6.2.2 You represent and warrant that:

• You have all necessary rights to grant the above license
• Client Content does not violate any applicable law or third-party rights
• Client Content does not contain any viruses, malware, or malicious code

6.3 Feedback

6.3.1 If You provide feedback, suggestions, or recommendations regarding the Services (“Feedback”), You grant Analyzify an unlimited, irrevocable, perpetual, royalty-free license to use such Feedback for any purpose without any obligation or compensation to You.

6.4 Aggregate Data

6.4.1 Analyzify may collect and use aggregate, anonymized data derived from Your use of the Services for analytics, Service improvement, and business purposes. Such aggregate data will not identify You or any individual End User.

7. CONFIDENTIALITY

7.1 Definition and Obligations

7.1.1 Each party agrees to:

• Maintain the confidentiality of the other party’s Confidential Information
• Not disclose Confidential Information to third parties without prior written consent
• Use Confidential Information solely for purposes of performing under these Terms
• Protect Confidential Information using at least the same degree of care used for its own confidential information, but no less than reasonable care

7.2 Exceptions

7.2.1 Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach by the receiving party
• Was rightfully known by the receiving party before disclosure
• Is independently developed without use of Confidential Information
• Is rightfully received from a third party without confidentiality obligations
• Must be disclosed by law or court order (with prompt notice to the disclosing party where permitted)

7.3 Duration

7.3.1 Confidentiality obligations survive termination of these Terms for a period of five (5) years, except for trade secrets, which remain confidential indefinitely.

8. WARRANTIES AND DISCLAIMERS

8.1 “As Is” Service

THE SERVICES ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANALYZIFY EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANALYZIFY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

8.2 No Guarantees

8.2.1 WITHOUT LIMITING THE FOREGOING, ANALYZIFY DOES NOT WARRANT THAT:

• The Services will meet your specific requirements or expectations
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the Services will be accurate or reliable
• Any errors in the Services will be corrected
• The Services or servers are free of viruses or harmful components
• Data collection will be 100% accurate or complete
• Third-party platforms will remain compatible or available

8.3 Third-Party Services Disclaimer

8.3.1 ANALYZIFY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PLATFORMS, SERVICES, OR CONTENT. WE SHALL NOT BE A PARTY TO OR IN ANY WAY MONITOR TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS.

8.3.2 Your use of Third-Party Platforms is governed by their respective terms and policies. Analyzify is not responsible for:

• Changes to Third-Party Platform APIs or Services
• Data processing by Third-Party Platforms
• Accuracy of analytics provided by Third-Party Platforms
• Compliance obligations related to Third-Party Platforms

8.4 Service Availability

8.4.1 The Services may become inaccessible or may not function properly with Your web browser, mobile device, operating system, or due to infrastructure issues beyond our control. Analyzify cannot be held liable for any damages arising from Service unavailability.

8.5 Jurisdictional Limitations

8.5.1 Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted by applicable law, the above exclusions may not apply to You.

9. INDEMNIFICATION

9.1 Client Indemnification

9.1.1 You agree to indemnify, defend, and hold harmless Analyzify, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Services, including any data processing
• Your violation of any applicable law or regulation
• Your infringement of any third-party right
• Any Client Content or End User data processed through the Services
• Your failure to obtain necessary consents from End Users
• Any dispute between You and End Users or third parties

9.2 Analyzify Indemnification

9.2.1 Subject to the limitations in Section 10, Analyzify will defend, indemnify, and hold You harmless from any third-party claim that the Services infringe a third-party’s intellectual property rights, provided that You:

• Promptly notify Analyzify in writing of the claim
• Grant Analyzify sole control of the defense and settlement
• Provide reasonable cooperation and information

9.2.2 Analyzify will have no obligation for claims arising from:

• Your modification of the Services
• Your combination of the Services with other products or Services
• Your use of the Services in violation of these Terms
• Your continued use after notice to discontinue
• Client Content or Third-Party Platforms

9.3 Exclusive Remedy

9.3.1 This Section 9 states the entire liability of each party and the exclusive remedy regarding third-party claims.

10. LIMITATION OF LIABILITY

10.1 Disclaimer of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANALYZIFY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION:

• Lost profits, revenue, or business opportunities
• Loss of data or data corruption
• Loss of goodwill or reputation
• Business interruption
• Cost of substitute services
• Wasted advertising spend
• Any damages based on analytics inaccuracies

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Analyzify has been advised of the possibility of such damages.

10.2 Cap on Liability

IN NO EVENT SHALL ANALYZIFY’S TOTAL CUMULATIVE LIABILITY EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CLIENT TO ANALYZIFY FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

10.3 Excluded Damages Examples

10.3.1 For clarity, Analyzify shall not be liable for damages arising from:

• Hacking, tampering, or unauthorized access to Your Account or data
• Service interruptions, downtime, or technical failures
• Inaccurate tracking or analytics data
• Changes to Third-Party Platform APIs or Services
• Browser technology limitations or updates
• Your failure to properly configure the Services
• Loss of data stored in browser storage (cookies, localStorage, etc.)

10.4 Essential Purpose

10.4.1 The parties agree that these limitations are an essential element of the bargain between the parties and that Analyzify would not provide the Services without such limitations.

10.5 Jurisdictional Variations

10.5.1 Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages. To the extent such limitations are prohibited by applicable law, the above limitations may not apply to You.

11. TERM AND TERMINATION

11.1 Term

11.1.1 These Terms commence upon Your completed installation of the Analyzify App for use of the Services and continue until terminated by us or by You in accordance with this Section.

11.1.2 The Subscription Term begins upon payment approval and continues for the period specified in Your subscription plan (annual for yearly plans).

11.2 Termination by Client

11.2.1 You may terminate Your subscription at any time by:

• Navigating to Analyzify Settings > Billing > Cancel Subscription
• Uninstalling the Analyzify App from Your Store
• Contacting Analyzify Support

11.2.2 Cancellation prevents renewal but allows continued use until the end of Your current Subscription Term. No refunds are provided for partial terms.

11.2.3 You may resubscribe at any time, subject to then-current pricing and terms.

11.3 Termination by Analyzify

11.3.1 Analyzify reserves the right to suspend or terminate Your Account and access to the Services immediately, without prior notice or liability, if:

• You breach any provision of these Terms
• You fail to pay applicable fees when due
• We reasonably believe Your Account is being used for illegal or fraudulent purposes
• We receive a court order or legal requirement to do so
• Your use of the Services poses a security risk or burden to our infrastructure
• You violate Shopify’s Terms of Service

11.3.2 We may also terminate these Terms or discontinue the Services with 30 days’ notice for any reason, except where immediate termination is required for security, legal compliance, or breach of terms as specified in Section 11.3.1.

11.4 Effect of Termination

11.4.1 Upon termination or expiration of these Terms:

• All rights and licenses granted to You immediately terminate
• Your right to access and use the Services immediately ceases
• You must cease all use of the Services and Documentation
• Both parties must return or destroy the other party’s Confidential Information (except as required by law)
• All accrued payment obligations remain due and payable
• Analyzify may delete Client Data in accordance with our data retention policies, unless retention is required by law

11.4.2 Analyzify shall retain Client Data only for as long as necessary to fulfill the purposes for which it was collected and processed, or as required to comply with legal obligations, resolve disputes, enforce agreements, maintain security, or satisfy legitimate business interests (including backups, audit logs, and fraud prevention). Specifically, Merchant data (including Store and app usage information) is retained for the duration of the Service agreement, while Visitor data (End User analytics data) is retained only for the necessary duration to fulfill analytics purposes as configured by the Merchant. Thereafter, Client Data shall be securely deleted or anonymized. 

Nothing in this section shall obligate Analyzify to retain any Client Data after termination, unless required by applicable data protection laws.

12. PRIVACY AND DATA PROTECTION

12.1 Privacy Policy and Commitment

12.1.1 Analyzify is firmly committed to protecting the privacy of Your personal information and the personal information of Your customers. By using the Service, You acknowledge and agree that Analyzify’s collection, usage, and disclosure of this personal information is governed by our Privacy Policy.

12.1.2 Our Privacy Policy, available at [https://analyzify.com/privacy-policy ], is included under the scope of these Terms and explains in detail how we collect, manage, process, secure, and store private information.

12.2 Data Processing Agreement

12.2.1 To the extent Analyzify processes Personal Data on Your behalf as a processor, such processing is governed by our Data Processing Agreement (“DPA”), available at [https://analyzify.com/dpa ], which is incorporated into these Terms by reference.

12.3 Your Responsibilities

12.3.1 You are responsible for:

• Complying with all applicable data protection laws
• Obtaining necessary consents from Visitors of Your Store
• Providing required privacy notices to Visitors of Your Store
• Configuring consent management settings appropriately
• Ensuring lawful basis for all data processing activities
• Responding to data subject requests

12.4 Data Security

12.4.1 Analyzify implements appropriate technical and organizational measures to protect Personal Data as described in our DPA. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

12.5 International Transfers

12.5.1 By using the Services, You acknowledge that data may be transferred to and processed in the United States and other jurisdictions where our Service providers operate.

12.6 Subprocessors

Subprocessors Analyzify may engage third-party Subprocessors to assist in providing the Services. The current list of Subprocessors and their processing activities is maintained in Annex III of our Data Processing Agreement (DPA). Any changes to Subprocessors will be handled in accordance with the notification procedures set forth in the DPA.

13. MODIFICATIONS

13.1 Changes to Services

13.1.1 Analyzify reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to You or any third party for any modification, suspension, or discontinuance of the Services.

13.1.2 We will use reasonable efforts to notify You of material adverse changes to the Services, but cannot guarantee advance notice in all circumstances. 

13.1.3 We may update, modify, or enhance the Analyzify Services or our Website from time to time, including adding, changing, or removing features, in order to improve functionality, maintain security, comply with legal requirements, or enhance the overall user experience.

13.1.4 If You do not agree to the modified Terms of Service, You should discontinue Your use of Analyzify.

13.2 Changes to Terms

13.2.1 We may modify these Terms at any time by posting revised Terms on our website or through the App. The “Last Updated” date reflects the most recent changes.

13.2.2 We will notify You of material changes to these Terms via email or prominent notice through the Services at least 30 days before the effective date. For non-material changes (such as clarifications, typo corrections, or formatting updates), we may implement changes without advance notice, but will update the “Last Updated” date.

13.2.3 Your continued use of the Services after the effective date of any changes constitutes Your acceptance of the modified Terms. If You do not agree to the modified Terms, You must discontinue use of the Services before the effective date. For material changes, You have a 30-day notice period to review changes and decide whether to continue using the Services.

13.3 API and Integration Changes

13.3.1 We may modify our APIs, integrations, or technical specifications. We will use reasonable efforts to maintain backward compatibility and provide migration guidance for material changes.

14. GENERAL PROVISIONS

14.1 Entire Agreement

14.1.1 These Terms, together with our Privacy Policy and DPA, constitute the entire agreement between You and Analyzify regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.

14.2 Governing Law and Jurisdiction

14.2.1 These Terms shall be governed by and construed in accordance with the laws of Estonia, without regard to its conflict of law principles.

14.2.2 Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Estonia. You waive any objection to jurisdiction and venue in such courts.

14.3 Severability

14.3.1 If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

14.4 Waiver

14.4.1 No waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom such waiver is sought. No waiver shall constitute a continuing waiver unless expressly stated.

14.5 Assignment

14.5.1 You may not assign or transfer these Terms or any rights or obligations hereunder without Analyzify’s prior written consent. Any attempted assignment in violation of this provision is void.

14.5.2 Analyzify may assign these Terms or any rights hereunder without restriction, including in connection with a merger, acquisition, or sale of assets.

14.6 Force Majeure

14.6.1 Neither party shall be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.7 Notices

14.7.1 Notices to Analyzify shall be sent to:

• Email: hi@analyzify.app
• Address: Solverhood OÜ, Pärnu mnt 12, Tallinn, Estonia

14.7.2 Notices to You will be sent to the email address associated with Your Account. You are responsible for keeping Your contact information current.

14.7.3 Notices are deemed given:

• If by email, when sent (if no bounce-back is received)
• If by postal mail, five business days after mailing

14.8 Relationship of Parties

14.8.1 The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

14.9 Third-Party Beneficiaries

14.9.1 These Terms are for the sole benefit of the parties and their permitted successors and assigns. Nothing in these Terms confers any rights or benefits to any third party.

14.10 Export Compliance

14.10.1 You represent that You are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and You are not listed on any U.S. Government list of prohibited or restricted parties.

14.11 Government Users

14.11.1 If You are a government entity, You acknowledge that the Services are “commercial computer software” and “commercial computer software documentation” pursuant to applicable regulations.

14.12 Language

14.12.1 These Terms are drafted in English. Any translations are provided for convenience only, and the English version shall prevail in case of any conflict.

14.13 Interpretation

14.13.1 Section headings are for convenience only and do not affect interpretation. The words “including” and similar terms are illustrative and not limiting.

14.13.2 In the event of any conflict or inconsistency between these Terms of Service and any other agreements or documents between the parties, the following order of precedence shall apply:

1. Mandatory provisions of applicable law
2. Data Processing Agreement (DPA), but only for matters specifically related to data protection and privacy
3. These Terms of Service
4. Any other agreements or documents between the parties For clarity, the DPA governs all data protection matters, while these Terms govern all other aspects of the Service relationship.

15. CONTACT INFORMATION

For questions about these Terms or the Services, please contact us at:

Solverhood OÜ
Pärnu mnt 12
Tallinn, Estonia
Registry Number: 14383462
VAT ID: EE102030321
Email: hi@analyzify.app

StatsUp, LLC
30 North Gould Street, STE R
Sheridan, WY 82801
United States
Tax ID: 38-4336557

BY INSTALLING THE ANALYZIFY APPLICATION OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.