Terms of Service

1. The agreement

These Terms of Service form a binding agreement between you (the "Customer") and Chat2 Pty Ltd (ACN supplied on request), which operates Heatmap.report (the "Service"). By signing up, installing the tracker snippet on a website you control, or receiving analytics reports from us, you agree to these terms.

2. The Service

We will provide:

• A tracking snippet you can install on websites you own or operate.
• Visitor behaviour data collection from those sites, stored in a customer-segregated database.
• Monthly PDF analytics reports for each enrolled website, delivered by email or available on the operator dashboard at reports.heatmap.report.
• A welcome report 14 days after the snippet is installed, and a recurring monthly report for each prior calendar month thereafter.

3. Your responsibilities

You agree that:

• You own or have the right to install our tracker on each website you enrol.
• You will display an appropriate privacy notice on those websites disclosing the collection of behavioural data via Heatmap.report and linking to our Privacy Policy.
• You will not use the Service to track websites that target audiences under 13 (or under 16 in the EEA) without parental consent.
• You will not attempt to extract, reverse-engineer, or distribute the tracker code or report content outside its intended use.
• You will not use the Service to track individuals who you know to have objected to that tracking.

4. Data ownership

You own the analytics data we collect on your behalf from your websites. We hold it as a processor (in GDPR terms) — we will not use it for any purpose other than producing your reports, except as required by law. On termination, we will delete your data within the timelines stated in our Privacy Policy.

5. Acceptable use

You will not use the Service to:

• Track websites you do not own or have permission to monitor.
• Collect personally identifying information of visitors (the tracker is designed not to; you must not configure pages in a way that would feed PII into URL parameters, page titles, or custom variables).
• Generate reports for content that is unlawful, defamatory, or in breach of third-party rights.
• Probe, scan, or attempt to bypass the security of the Service.

We reserve the right to suspend or terminate access for breaches of this section without prior notice if necessary to prevent harm.

6. Billing & payment

Pricing is agreed individually with each Customer at sign-up. Invoices are issued monthly in advance. Payment is due within 14 days. Overdue invoices accrue interest at the rate prescribed by the Late Payment of Commercial Debts (Australia) regime or 8% above the Reserve Bank of Australia cash rate, whichever is higher.

7. Term & termination

This agreement starts when you sign up and continues until either party terminates with 30 days' written notice (email to devs@chat2.com qualifies). On termination:

• You will receive a final report for the last completed calendar month.
• You should remove the tracker snippet from your sites.
• We will delete your data within 60 days (30 days from active databases, then 30 more from backups).
• No refunds are issued for partial months.

Either party may terminate with immediate effect for material breach if the breach is not remedied within 14 days of written notice.

8. Availability & service levels

We will use commercially reasonable efforts to keep the tracker and report-generation pipeline available. We do not commit to any specific uptime SLA in these Terms; if you require a contractual SLA, contact us to negotiate a custom agreement.

Scheduled maintenance and emergency security work may cause brief interruptions. We aim to do these outside Australia Eastern business hours where possible.

9. Disclaimers

The Service is provided "as is". To the maximum extent permitted by applicable law, we disclaim all warranties (express, implied, statutory) about the accuracy, completeness, reliability, or fitness for purpose of the analytics data and reports.

Reports are produced from real visitor data but are influenced by sampling, adblock interference, bot traffic, and similar factors that affect all web analytics. You should not rely on any individual metric without considering its margin of error.

10. Limitation of liability

To the maximum extent permitted by applicable law:

• We are not liable for any indirect, consequential, special, or punitive damages.
• We are not liable for lost profits, lost revenue, lost data (other than to restore from our most recent backup), or business interruption.
• Our aggregate liability for any claim under these Terms is capped at the fees you have paid us in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms limits liability for fraud, wilful misconduct, or liabilities that cannot be limited under applicable law.

11. Confidentiality

Each party will treat the other's confidential information as confidential and use it only to perform under this agreement.

12. Governing law & jurisdiction

This agreement is governed by the laws of New South Wales, Australia. The courts of New South Wales have exclusive jurisdiction over any disputes arising under these Terms.

13. Changes to these Terms

We may update these Terms. Material changes will be emailed to the address you signed up with at least 30 days before they take effect. Continuing to use the Service after the effective date constitutes acceptance of the updated Terms.

14. Contact

Service questions, billing, or contract notices: devs@chat2.com.