Terms of Use

By registering an account on the Clicky web site ("Site" or "Service"), a service provided by Roxr Software Ltd ("Roxr" or "Company"), you agree to be bound by all terms and conditions ("Terms") listed on this page (collectively, the "Agreement").

General

Roxr does not give any warranty or other assurance as to the operation, quality or functionality of the Site. Access to the Site may be interrupted, restricted or delayed for any reason. Roxr also does not give any warranty or other assurance as to the content of the material appearing on the Site, its accuracy, completeness, timelessness or fitness for any particular purpose.

To the full extent permissible by law, Roxr disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Service or any material appearing on the Site, or from any action or decision taken as a result of using the Site or any such material.

The Site contains links to external sites. Roxr is not responsible for and has no control over the content of such sites. Information on the Site, or available via hypertext link from the Site, is made available without responsibility on the part of Roxr. Roxr disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from the Site.

Unacceptable usage

You may not use the Service to track any of the following:
  • items that are embedded on external/third-party web sites (e.g. ads, widgets, etc)
  • typo-squatting domains
  • sites considered "spammy", per Roxr's judgment
  • sites containing viruses, trojans, or other harmful or illegal material

Privacy

Roxr values the privacy of its users. Roxr will not provide any information about its users and/or their traffic data to any third party for any purpose, unless required to do so by law.

Roxr makes data available to the public about trends in internet usage, such as web browser and operating system market share, on the following web page: http://clicky.com/marketshare/. These reports are generated from the data from every web site being monitored by the Service. These reports are generic in nature and do not contain any personally identifiable information.

Visitor data tracked

When a visitor views a page on your site with the tracking code installed, the following data is sent to our tracking servers and logged to your account:
  • Page URL
  • Page title
  • Referrer
  • User agent
  • IP address
  • Language
  • Screen resolution
  • Tracking cookie
  • x/y coordinates of mouse events (for generating heatmaps)

Cookies

There are up to ten (10) unique "first party" cookies and one (1) "third party" cookie that the Service will install on a web browser when a visitor views a site with the tracking code ("Code") installed.

"First party" cookies are created by the Code and hence are tied to your web site domain. "Third party" cookies are set via HTTP headers by our tracking servers and are tied to our tracking domain(s).

Most cookies can be disabled, as explained at the bottom of this section.

Note: "[site_id]" below represents the unique numeric ID that every registered site is assigned on Clicky. It will always be a number, such as "123".

  • _jsuid: This is a random number that is generated by the Code the first time someone visits a web site with the Code installed. Its sole purpose is to better identify new and unique visitors to a web site. The value of this cookie is sent to the Service for every event logged. The value of this cookie will also be set as a third party cookie with the name of "cluid" if such a cookie does not exist. The purpose of this is for web sites with multiple domains and who want to track visitor sessions across multiple domains, which is not possible with first party cookies. These cookies expire after 20 years.

  • _eventqueue: This cookie stores an array of mouse events that can't be guaranteed to be logged to our servers before the current page is unloaded. The purpose is to store these events in a queue so on the subsequent page view, these events can be processed and logged. This is a session cookie so it will expire when the visitor leaves your web site.

  • _custom_data_[key]: This cookie only gets set if you are using our custom data tracking feature. Whenever you set custom data for a session, we put it in a cookie so every time that visitor comes back to your site in the future, the same data will get attached to their new session, even if they don't login or follow whatever processed was used to originally declare these variables. Note: Each piece of data you attach has a 'key' and a 'value', so each unique key will be its own cookie. For example, _custom_data_email or _custom_data_username. This cookie can be disabled by setting the sticky_data_disable tracking option.

  • _referrer_og: This cookie stores the external referrer for a visitor, so that on future visits the same referrer will be attached to their sessions. This cookie expires after 90 days but will be set again or updated on future visits if they arrive at your site from a link on another site, whether or not it's the same referrer. When this cookie is updated, the expiration date is reset to 90 days from the time of the new visit. This cookie can be disabled by setting the sticky_data_disable tracking option.

  • _utm_og: This cookie stores dynamic (UTM) campaign variables, so that on future visits the same campaign data will be attached to their sessions. This cookie expires after 90 days but will be set again or updated on future visits if they arrive at your site with campaign data in the URL. When this cookie is updated, the expiration date is reset to 90 days from the time of the new visit. This cookie can be disabled by setting the sticky_data_disable tracking option.

  • _first_pageview: This cookie is set on the first page view of a session. It is used to make our tracking code more efficient, so certain processes are only run on a visitor's initial page view. It expires after 10 minutes.

  • heatmaps_g2g_[site_id]: This cookie tells our tracking code to log data about where a visitor is clicking on a site to send back to our servers and later used to generate a heatmap report of clicks on that page. If you disable cookies, heatmap data cannot be logged. This is a session cookie so it will expire when the visitor leaves your web site.

  • unpoco_[site_id]: The Code sends "pings" when a visitor sits on a single page. This allows the Service to more accurately track "time on site" values. Because this feature uses a lot of extra bandwidth, it requires a paid account. For non-paid accounts, this cookie is set to tell the Code not to send these pings. This cookie expires after 24 hours but will be set again upon future visits by the same visitor.

  • no_tracky_[site_id]: When a site stops using the Service, it is quite common for the web master to leave the code installed, which is against the Terms of service. For high traffic sites, this can use a lot of extra bandwidth and CPU resources on our servers. This cookie is set whenever data is sent in for a site that is disabled. It tells our tracking code to stop sending data to us. This cookie expires after 24 hours but will be set again upon future visits by the same visitor, until the Code is removed from the offending web site.

  • clicky_olark: This cookie gets set if you are using Olark chat in combination with Clicky. It contains Olark's unique ID information for the visitor. This cookie is sent to the Service, which is needed in order to initiate the chat process within Spy. This is a session cookie so it will expire when the visitor leaves your web site.

Cookies can be disabled by the following the instructions at http://clicky.com/help/custom#cookies_disable.

Please note: There are two exceptions to disabling cookies, both related to saving resources on our end for non-premium or disabled accounts. The "unpoco" cookie will always be set for non-premium sites to minimize requests to our servers, and the "no_tracky" cookie will always be set for disabled sites who leave the code installed. Leaving the code installed on a deactivated site is against our Terms of service.


Account

You must register an account to use the Service. You agree not to share your account username and password with third parties, and to notify the Company immediately of any unauthorized usage.

Data

By using the Service, you agree to allow Roxr to collect and store data on your web site traffic. Roxr may randomly use your traffic data for internal feature development and bug fixing purposes. Otherwise, your data is treated as private and confidential, unless you elect to make it publicly accessible. Roxr also monitors the traffic levels of all registered sites on a regular basis, to ensure no site is putting an unnecessary burden on its resources.

Cancellation

Roxr may cancel or delete any account, for any reason, with or without notice - the exception being white label accounts, for which we will give you thirty (30) days notice. If you wish to cancel your account, you must notify Roxr by email to support@getclicky.com. All information associated with the account, including the account itself as well as the historical data, will be permanently deleted.

Payments

Premium and White Label service is billed in advance on a monthly or yearly basis. All premium plans automatically recur at the interval you sign up for (monthly or yearly). You can cancel your subscription at any time by contacting us, however, Roxr does not offer refunds for any payments already made. For white label service, Roxr will refund the first payment made within seven (7) days of activation, minus the $99 setup fee.

Your access to the Service may be revoked for failure to pay any amount due within seven (7) calendar days of the due date; in these instances, access will not be restored until the overdue amount has been paid in full.

License

Roxr hereby grants you a revocable, non-exclusive, non-transferable license to include the Company-provided JavaScript ("Script") in the HTML code for web page(s) that are properly registered for the Service and owned by you, solely for the purpose of accessing the Service and information available from the Service with respect to such web page(s). You shall not (i) use, reproduce, modify or create derivative works of the Script, or (ii) allow third party access to all or any portion of the Script or Service.

Representations and Warranties

You represent and warrant to Roxr that you own all right, title and interest in and to the URLs of your website, and you own or have rights to publish all of the content published on or through your website and the user interface of your website.

The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Roxr and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.

Roxr does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Roxr shall not be responsible for unauthorized access to or alteration of your data.

Term and Termination

Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement or if you remove the Script from your web pages.

Upon any termination of this agreement, (i) Roxr will cease providing the Service to you; (ii) you will delete all copies of the Script from your web page(s); (iii) any outstanding balance payable by you to Roxr will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.

You understand that keeping the Script on your web site consumes bandwidth (and hence, money) of the Company for every page view on your web site. Failure to remove the Script from your web site upon termination may force Roxr to take drastic measures to gain your compliance. Such measures are determined on a case by case basis.

Disclaimer

THE SERVICE, THE SCRIPT AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE COMPANY EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SCRIPT, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE, THE SCRIPT OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED.

Limitations of Liability

THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.

THE COMPANY'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USAGE OF THE SERVICE SHALL NOT EXCEED THE AGGREGATE FEES PAID BY YOU TO THE COMPANY FOR USE OF THE SERVICE.

Indemnification

You agree to indemnify, hold harmless and defend Roxr, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Roxr or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by Roxr or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the Script code. In such a case, Roxr will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Roxr reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Modifications to this Agreement

Roxr reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement on this web site. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of the Company, (ii) you accept updated terms online, or (iii) you continue to use the Service after the Company has posted updates to the Agreement or to any policy governing the Service. Any of the following constitute your continued usage of the Service: (i) viewing any page on the Site, or (ii) keeping the Script on any page of your web site, or (iii) logging in to your account, or (iv) viewing any of the data collected by the Service, whether viewed on the Site directly, or through another means, including, but not limited to, exported data files, and first- or third-party widgets.

Compliance

You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

Miscellaneous

Roxr shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.

This Agreement shall be governed by and construed under the laws of the state of Oregon without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Oregon law, rules, and regulations, then Oregon law, rules and regulations shall prevail and govern.

All disputes between the parties arising from this Agreement shall be referred to and finally determined by arbitration of one arbitrator, conducted in the English language in the State of Oregon, U.S.A., and in accordance with the Expedited Arbitration Rules of the World Intellectual Property Organization ('WIPO'). The proceedings shall be secret and the award shall be final and binding on the parties, and each party consents to the award being enforced by order of any court of competent jurisdiction. The parties agree to waive any right to jury proceedings.

The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. Any notices to the Company must be sent by email to support@getclicky.com, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without the Company's prior written consent, and any such attempt is void. The relationship between Roxr and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.