1) Acceptance and eligibility
By creating a hosted account, installing a script for use with the Service, or using the Service, you agree to these Terms. If you use the Service on behalf of a company, you represent you have authority to bind that company. Your use of the Open Source version is governed by its repository license rather than the hosted-service license in these Terms.
Eligibility; export control and sanctions. You may not access or use the Service if you (a) are located in, organized under the laws of, or ordinarily resident in Iran, Russia, or Belarus or any jurisdiction subject to comprehensive sanctions (the “Restricted Territories”); (b) are a Sanctioned Person (listed on EU, UK, U.S., UN, or Ukraine sanctions lists); or (c) will use the Service for or on behalf of any of the foregoing. You represent and warrant that you are not prohibited from receiving the Service and will not permit access by Restricted Parties. We may suspend or terminate the Service immediately where required for sanctions/export-control compliance.
2) The service
Public website. On hymetry.com, we use Umami Cloud for privacy-focused web analytics, as described in our Privacy Policy.
Hosted Hymetry application. When an authorized user uses the hosted Hymetry application or dashboard, Hymetry uses its own first-party product analytics and screen/session recording to understand feature use, provide support, troubleshoot, secure, and improve the Service. This application-usage data is stored at rest on Linode (Akamai) infrastructure. We do not sell it or disclose it to third parties for their own independent purposes; authorized providers may process limited data on our behalf as described in the Privacy Policy.
Customer products using the hosted Service. When you install and configure Hymetry on your website or web app for use with the hosted Service, the Service records product-usage events and, when recording is enabled, creates screen/session recordings as Customer Data under your instructions. The Service is intended for professional use; both organizations and individuals may access it. We may improve or change features from time to time.
Open Source version. Hymetry also publishes a free, self-hosted version. The license in the repository governs your rights to use, inspect, copy, modify, and distribute that software. You are responsible for its deployment, infrastructure, storage, security, updates, backups, retention, and operation. Managed hosting, hosted storage, setup help, and hosted support are not included unless separately agreed.
3) Customer data, roles, and privacy
Ownership and scope. You own your Customer Data. Customer Data includes company/account identifiers, user identifiers, product-interaction events, optional attributes and metadata, screen/session recordings captured from your products, and other information you submit to or instruct the Service to collect from your products. Customer Data does not include Hymetry’s controller-role analytics and screen/session recordings of authorized users’ interactions with the Hymetry application itself; however, Customer Data transmitted to or displayed within the Hymetry application remains Customer Data.
Minimum identifiers and optional data. For core identification, the minimum Customer-supplied fields required for account-centric analytics are a stable company/account ID and a stable user ID. Product-interaction events and, when enabled, recording content are also processed to generate analytics. Names, email addresses, company names, and other identity fields or attributes are optional unless a specific feature clearly states otherwise, and are submitted only at your choice and direction.
Roles for the hosted Service. For personal data within Customer Data that Hymetry processes through the hosted Service, you are the controller and Hymetry is the processor. Hymetry processes that personal data on your documented instructions, except where applicable law requires otherwise, and remains responsible for its obligations as a processor under the DPA and applicable law.
Self-hosted deployments. If you operate the Open Source version, you control the deployment and determine the applicable privacy roles and obligations. Hymetry does not receive Customer Data or become its processor merely because you download or run the Open Source software. Data you separately send to Hymetry for support or another hosted service is handled under the applicable agreement and our Privacy Policy.
DPA and transfers. The Hymetry DPA at https://www.hymetry.com/privacy (incorporating EU SCCs Module 2 and the UK Addendum, where applicable) is incorporated by reference and governs our processing and international transfers. For California personal information, Hymetry acts as a service provider.
Privacy policy. See https://www.hymetry.com/privacy.
4) Subprocessors and data location
Hosted storage and providers. Customer Data submitted to the hosted Service, including company/account IDs, user IDs, optional attributes and metadata, product analytics events, and screen/session recordings, is stored at rest on Linode (Akamai) infrastructure in the United States. Cloudflare may process hosted-service network traffic in transit as our global proxy, CDN, WAF, and DDoS-protection provider. Postmark processes transactional and service email.
Self-hosted storage. The Open Source version stores and processes data in the infrastructure you select and control. Your infrastructure providers are not Hymetry subprocessors merely because you use the Open Source software.
Limited disclosure. Hymetry does not sell or rent Customer Data and does not disclose it for any third party’s independent purposes. We disclose Customer Data only to authorized service providers and subprocessors necessary to operate, secure, support, and provide the Service, when you instruct or authorize us to do so, or when applicable law requires it.
We will give 30 days' notice before adding a materially new subprocessor. If you reasonably object, you may terminate the affected Service before the change takes effect.
5) Customer responsibilities (critical)
You are solely responsible for:
- Customer Data and instructions. Deciding which company and user data to provide to Hymetry; ensuring you have all rights, authority, notices, consents, and lawful bases needed to submit and instruct Hymetry to process that data; and ensuring its accuracy, necessity, quality, and legality. Stable company/account IDs and user IDs are the minimum Customer-supplied identity fields required for account-centric analytics. Any additional names, email addresses, attributes, metadata, or content are provided at your choice and direction.
- Notices and consents. Providing notice to, and obtaining any required consent from, your end users before recording; honoring opt-outs; and maintaining a lawful basis for processing under applicable laws (e.g., GDPR, ePrivacy, CCPA/CPRA, COPPA).
- Configuration and masking. Correctly configuring capture rules, masking/suppression, URL/page exclusions, IP filtering, and any other privacy settings; not using the Service to capture content you are not permitted to process.
- Prohibited/sensitive data. Do not intentionally collect: special-category data (e.g., health/PHI, biometric templates, sexual orientation, political/religious beliefs, trade-union membership); government IDs; financial/PCI data; passwords or authentication secrets; precise geolocation of minors; or children's data without verifiable consent and full legal compliance.
- Children/minors. The Service is not intended to record users known to be children. You will not use it to record children under 16 (or higher local minimum) unless you have verified parental consent and meet all legal requirements; for the U.S., you must comply with COPPA for users under 13.
- Sanctions compliance. You will not provision accounts or allow access to the Service from Iran, Russia, or Belarus, or by any Sanctioned Person, and will implement reasonable measures (e.g., IP/geo restrictions, access controls) to prevent such use.
Nothing in this Section limits Hymetry’s confidentiality, security, processor, service-provider, or other obligations under these Terms, the DPA, or applicable law.
You agree to indemnify, defend, and hold harmless Hymetry, its owner, and personnel from any claim, loss, or cost (including reasonable legal fees) arising from (a) your Customer Data; (b) your failure to obtain required consents or provide notices; (c) your breach of these Terms or law; (d) your misuse or misconfiguration of the Service; or (e) your breach of Section 1 (sanctions).
6) Security and incidents
We implement reasonable technical and organizational measures (TLS in transit; access controls/least privilege; logging/monitoring; vulnerability management). If a security incident affects Customer Data, we will notify you within 72 hours of becoming aware and share available details.
7) Data retention and deletion
Hosted recordings. Session recordings in the hosted Service are retained for up to 30 days and then scheduled for deletion.
Hosted analytics. Product analytics retention lasts for the hosted pilot period or the retention period included with the paid hosted plan shown on our Pricing page or in an applicable order form. Data is scheduled for deletion after the applicable period. If a hosted pilot ends without a paid plan, we may delete the pilot data after more than 10 days without payment. Backups follow standard cycles. No self-service export is currently available.
Self-hosted data. Open Source operators control their own storage, retention, backup, export, and deletion settings.
8) Service levels and support
Hosted availability is best effort, with no service-credit SLA unless an order form states otherwise. Hosted support is available through [email protected] during business hours (Europe/Kyiv), with response priority and setup assistance depending on the pilot, paid plan, or order form. The Open Source version is self-managed and community-supported unless we separately agree to provide services.
9) Pilot, plans, fees, taxes, and refunds
Hosted pilot. Hymetry currently offers a free 60-day hosted pilot. It starts when the first production data is received, requires no credit card, is subject to the usage guardrails on our Pricing page, and carries no retroactive hosted charge.
Paid hosted plans. To continue hosted use after the pilot, you may select a paid hosted plan; otherwise, you may pause hosted ingestion or operate the Open Source version yourself. Current plan prices, included usage, retention, support, and invoice schedules are shown on the Pricing page or an applicable order form. Published monthly prices are invoiced quarterly by default unless we agree otherwise.
Open Source version. The Open Source software is free and self-managed. You remain responsible for the costs of your own infrastructure, storage, providers, operation, and support.
No refunds. Hosted-plan payments are non-refundable to the extent permitted by law, including where suspended or terminated for sanctions/export-control reasons.
Taxes. Prices exclude applicable taxes unless stated otherwise. You are responsible for applicable taxes, duties, or withholdings.
Chargebacks/fraud. We may suspend the hosted Service upon chargeback or suspected fraud pending resolution.
10) Acceptable use
No unlawful surveillance, rights violations, disruption, scraping, benchmarking publication without consent, unauthorized reselling, or credential sharing. You may inspect, modify, and distribute the Open Source version as permitted by its repository license. Except as permitted by that license or applicable law, you may not reverse engineer proprietary or hosted portions of the Service.
11) Intellectual property; license; publicity
Hymetry and its licensors own the Service and related intellectual property, excluding Customer Data. We grant you a limited, revocable, non-exclusive, non-transferable license to use the hosted Service under these Terms. The Open Source version is licensed separately under the license published in its repository; these Terms do not reduce the rights that license grants. Feedback may be used by us without restriction. Publicity: we may identify you (name/logo) as a customer; opt out any time via email.
12) Changes, maintenance, and deprecation
We may modify features, perform maintenance, or deprecate components. We will avoid materially degrading core functionality without notice and announce deprecations with a reasonable runway when feasible. We may update these Terms with 30 days' notice; continued use after the effective date constitutes acceptance.
13) Term, termination, and suspension
The hosted term begins on first use. The pilot lasts for the pilot period described in Section 9. A paid hosted plan begins when activated and continues for the billing period shown on the Pricing page or applicable order form. Either party may terminate for convenience with 30 days' notice. We may suspend or terminate immediately for breach, security risk, legal compliance, sanctions/export-control reasons, non-payment/chargeback, or unlawful use. Upon hosted termination, access ceases and data is deleted under Section 7. Rights to use the Open Source version continue under, and may terminate only as provided by, its repository license.
14) Warranties and disclaimers
The Service is provided “as is” and “as available” without warranties (express, implied, or statutory), including merchantability, fitness for purpose, non-infringement, or uninterrupted/error-free operation. Masking depends on your configuration and cannot guarantee total redaction under all circumstances.
15) Limitation of liability
To the maximum extent permitted by law:
- No indirect damages. We are not liable for indirect, incidental, consequential, special, punitive, or exemplary damages, or for lost profits, revenues, goodwill, or data.
- Cap. Our total aggregate liability in any 12-month period is limited to fees you paid in the preceding six (6) months for the portion of the Service giving rise to the claim; if you paid no fees in that period, our liability is USD 0.
Nothing in these Terms limits liability that cannot be limited under applicable law.
16) Governing law and venue
These Terms are governed by Ukrainian law. The courts of Dnipro, Ukraine have exclusive jurisdiction.
17) Notices
We may notify you via email or within the Service. You will send legal notices to [email protected] with subject “Legal Notice.”
18) Assignment
You may not assign without our prior written consent. We may assign in connection with a reorganization, merger, or sale, with notice to you.
19) Force majeure
No liability for delays/failures caused by events beyond reasonable control (including network/hosting failures, DDoS, war, government actions, strikes, natural disasters).
20) Entire agreement; severability; waiver
These Terms, the DPA, and the Privacy Policy constitute the entire agreement. If any provision is unenforceable, it will be modified to the minimum extent necessary; the remainder stays in effect. No waiver is effective unless in writing.
Linked policies
Terms of Use: https://www.hymetry.com/terms-of-use
Privacy Policy (includes cookies): https://www.hymetry.com/privacy