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Terms of Service

Created on 3 March, 2026 • Legal • 0 views • 3 minutes read

Terms of Service

HPS EngageTracker

Effective Date: [Insert Date]
Operated by: Happy Path Studios LLC

1. Acceptance of Terms

By accessing or using HPS EngageTracker (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you may not use the Service.

The Service is operated by Happy Path Studios LLC (“Company,” “we,” “us,” or “our”).

2. Description of Service

HPS EngageTracker provides website analytics and behavioral tracking tools including:

  • Pageview tracking
  • Visitor interaction tracking (clicks, form submissions, scroll depth, etc.)
  • Heatmaps
  • Session replay
  • Goal tracking
  • Reporting and exports
  • API access (where applicable)
  • White-label capabilities (on eligible plans)

You are responsible for how you implement and use the Service on your websites.

3. Account Registration

To use certain features, you must create an account.

You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Be responsible for all activity under your account

You must be at least 18 years old to use the Service.

4. Acceptable Use

You agree NOT to use the Service to:

  • Violate any applicable law or regulation
  • Collect data without proper legal notice or consent
  • Track or monitor individuals unlawfully
  • Store sensitive personal information without proper safeguards
  • Interfere with the Service’s infrastructure
  • Reverse engineer or attempt to extract source code

You are solely responsible for ensuring your use of the Service complies with GDPR, CCPA, HIPAA (if applicable), and any other relevant data privacy regulations.

5. Data & Privacy Responsibilities

HPS EngageTracker acts as a data processor for customer website activity data.

You are the data controller and are responsible for:

  • Providing appropriate privacy notices
  • Obtaining required user consent
  • Masking or excluding sensitive information
  • Complying with data protection laws

We do not sell collected website analytics data.

For more information, see our Privacy Policy.

6. Payment & Billing

Paid plans are billed in advance according to the selected billing cycle.

All fees:

  • Are non-refundable unless otherwise required by law
  • May be subject to applicable taxes
  • May change with prior notice

Failure to pay may result in suspension or termination of your account.

7. Plan Limits

Each subscription plan includes usage limits such as:

  • Pageviews per month
  • Event tracking volume
  • Session replay limits
  • Data retention periods
  • Number of websites

If you exceed your plan limits, we may:

  • Suspend tracking
  • Require an upgrade
  • Apply overage fees (if applicable)

8. White-Label & Agency Use

White-label plans allow eligible customers to:

  • Remove HPS branding
  • Use custom domains
  • Offer analytics services under their own brand

White-label customers remain responsible for:

  • Compliance
  • End-client data handling
  • All sub-account activity

White-label access may be revoked if used to violate these Terms.

9. Intellectual Property

All software, branding, dashboards, and infrastructure of HPS EngageTracker remain the intellectual property of Happy Path Studios LLC.

You are granted a limited, non-exclusive, non-transferable license to use the Service during your subscription period.

10. Service Availability

We strive to maintain reliable uptime but do not guarantee uninterrupted service.

We may:

  • Perform maintenance
  • Update features
  • Modify infrastructure

Enterprise plans may include additional uptime commitments via separate agreement.

11. Termination

We may suspend or terminate your account if you:

  • Violate these Terms
  • Fail to pay
  • Engage in unlawful use

You may cancel your subscription at any time. Access will continue until the end of your billing period.

12. Limitation of Liability

To the fullest extent permitted by law:

Happy Path Studios LLC shall not be liable for indirect or consequential damages, lost profits or revenue, or data loss beyond standard retention policies.

Total liability shall not exceed the amount paid by you in the preceding 12 months.

13. Indemnification

You agree to indemnify and hold harmless Happy Path Studios LLC from claims arising from:

  • Your misuse of the Service
  • Your violation of law
  • Your client data handling practices

14. Modifications to Terms

We may update these Terms from time to time. Continued use of the Service constitutes acceptance of the revised Terms.

15. Governing Law

These Terms are governed by the laws of the State of [Insert State], United States.

16. Contact

Happy Path Studios LLC
[Business Address]
support@hpsengagetracker.com