Terms of Service

Last updated: July 17, 2026

These Terms of Service ("Terms") govern your access to and use of the services provided by Iteratist ("Iteratist", "we", "us", or "our"), including our website at iteratist.com and the Iteratist platform (collectively, the "Service"). Please read these Terms carefully before creating an account or using the Service.

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to both you and the organisation.

---

1. Acceptance of Terms

By registering for or using the Service, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, do not use the Service.

We may update these Terms from time to time. We will notify you of material changes by email or by a prominent notice on the Service. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those changes.

2. Definitions

• "Customer" means the individual or entity that has registered for a paid or free account to access the Service.
• "Customer Data" means data submitted to or collected through the Service on behalf of the Customer, including analytics events, click records, and session recordings captured from End Users of Customer websites.
• "End Users" means the visitors to Customer websites who are tracked by the Iteratist Snippet.
• "Snippet" means the JavaScript code provided by Iteratist that Customers install on their websites to enable tracking, A/B testing, and experimentation features.
• "Subscription" means the plan purchased by a Customer that governs access to certain Service features.

3. Eligibility and Account Registration

You must be at least 18 years of age to use the Service. By using the Service you represent and warrant that you meet this requirement.

You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us immediately at support@iteratist.com if you suspect unauthorised access.

Each account may be used by one individual only. You may not share your login credentials or allow others to access the Service using your account unless you have purchased a plan that expressly permits multiple seats.

4. License to Use the Service

Subject to your compliance with these Terms and payment of applicable fees, Iteratist grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during the Subscription term solely for your internal business purposes.

The Snippet code we provide to you is licensed, not sold. You may install it on websites you own or control for the purpose of enabling the Service features.

5. Restrictions

You agree not to, and will not permit others to:

• Copy, modify, distribute, sell, or sublicense the Service or any portion of it;
• Reverse engineer, decompile, or disassemble any part of the Service;
• Use the Service to build a competing product or service;
• Use the Service to collect data on websites you do not own or have permission to instrument;
• Use the Service in any way that violates applicable laws or regulations, including privacy laws;
• Transmit malware, viruses, or any other harmful code through the Service;
• Attempt to gain unauthorised access to the Service or its related systems;
• Use automated scripts to scrape or extract data from the Service in a manner that imposes an unreasonable burden on our infrastructure;
• Collect or process sensitive personal data (such as health, financial, or biometric data) of End Users through the Service without appropriate legal bases and disclosures.

6. Customer Data

6.1 Ownership

As between you and Iteratist, you retain all ownership rights to your Customer Data. You grant Iteratist a worldwide, non-exclusive, royalty-free licence to process Customer Data solely to the extent necessary to provide and improve the Service.

6.2 Your Responsibilities

You are solely responsible for the lawfulness of collecting and processing End User data through the Service. This includes obtaining any required consents, providing required privacy notices, and complying with applicable data protection laws (including GDPR, CCPA, and other local laws). You must not use the Service to collect data on individuals who have not given required consent under applicable law.

6.3 Security

Iteratist implements commercially reasonable technical and organisational security measures to protect Customer Data. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

6.4 Data Retention

We retain Customer Data for as long as your account is active or as needed to provide the Service. Upon termination of your account, we will delete or anonymise your Customer Data within 90 days unless retention is required by law.

7. Intellectual Property

The Service, including all software, algorithms, designs, text, graphics, and other content created by Iteratist, is owned by Iteratist and protected by applicable intellectual property laws. These Terms do not grant you any rights to Iteratist trademarks, logos, or brand elements.

Any feedback, suggestions, or ideas you provide to us about the Service may be used by Iteratist without restriction or compensation to you.

8. Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential.

Each party agrees to: (a) keep the other party's Confidential Information confidential; (b) use it only to fulfil obligations under these Terms; and (c) limit access to it to employees or contractors who need to know and are bound by confidentiality obligations at least as protective as these Terms.

Confidentiality obligations do not apply to information that is publicly known, independently developed, or required to be disclosed by law (provided prompt notice is given to the disclosing party where legally permitted).

9. Fees and Payment

Paid Subscriptions are billed in advance on a monthly or annual basis, as selected at checkout. All fees are stated in US dollars and are non-refundable except as required by law or as expressly stated in these Terms.

We use Stripe as our payment processor. By providing payment information, you authorise Iteratist (via Stripe) to charge your payment method for all fees due. If payment fails, we may suspend access to the Service until payment is resolved.

We may change Subscription prices with at least 30 days notice. Price changes take effect at the start of your next billing period.

Free plans are provided at Iteratist discretion and may be modified or discontinued at any time with reasonable notice.

10. Warranties and Disclaimers

Each party warrants that it has full power and authority to enter into these Terms.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ITERATIST DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU USE THE SERVICE AT YOUR OWN RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ITERATIST OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ITERATIST'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO ITERATIST IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential damages, so the above limitations may not apply to you in their entirety.

12. Indemnification

You agree to defend, indemnify, and hold harmless Iteratist and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your Customer Data; (c) your violation of these Terms; or (d) your violation of any third-party rights or applicable laws.

13. Term and Termination

These Terms are effective from when you first use the Service and continue until terminated.

You may cancel your Subscription at any time from your account dashboard. Cancellation takes effect at the end of the current billing period, and you retain access until then.

Iteratist may suspend or terminate your access to the Service immediately if you: (a) materially breach these Terms; (b) fail to pay fees when due; (c) become insolvent or make an assignment for the benefit of creditors; or (d) violate applicable law.

Upon termination, all licences granted to you cease immediately, and you must stop using the Service. Sections 7, 8, 11, 12, 14, and 15 survive termination.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of New York, United States, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before filing a formal dispute, you agree to contact us at support@iteratist.com and attempt to resolve the dispute informally for at least 30 days.

14.3 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Service shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in New York, NY (or remotely by agreement). The arbitrator award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

YOU AND ITERATIST EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION PROCEEDINGS.

15. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any Subscription confirmations, constitute the entire agreement between you and Iteratist regarding the Service and supersede any prior agreements.

Severability. If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

No Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Force Majeure. Neither party is liable for delays or failures caused by events beyond their reasonable control, including natural disasters, internet outages, or government actions.

Contact. Questions about these Terms may be directed to support@iteratist.com.