Terms of Service

These Terms of Service govern your access to and use of NowMetrix, including the NowMetrix website, dashboard, tracking script, APIs, MCP server, connectors, documentation, trial accounts, subscriptions, and related services (together, the "Service").

The Service is provided by Rüegg Internet Services, Zürichstrasse 242, 8122 Binz, Switzerland ("NowMetrix", "we", "us", or "our"). By accessing or using the Service, creating an account, starting a trial, or accepting an order, you agree to these Terms and to our Privacy Policy. If you do not agree, you must not use the Service.

1. Eligibility and Authority

You may use the Service only if you can enter into a legally binding agreement under applicable law. You must be at least 18 years old. If you use the Service on behalf of a company or other organization, you represent that you have the authority to bind that organization to these Terms.

2. The Service

NowMetrix provides realtime analytics and related workflow tools for publishers, newsrooms, media brands, and content teams. The Service may include live dashboards, traffic source analysis, pacing, APIs, AI-tool integrations, connectors, reports, alerts, and support.

We may improve, change, limit, suspend, or discontinue parts of the Service at any time. We will try to provide reasonable notice when a material change affects active paid customers, but we are not required to maintain any specific feature indefinitely.

3. Accounts and Security

You are responsible for the information you provide to us, for keeping account credentials secure, and for all activity that occurs through your account. You must notify us promptly if you suspect unauthorized access or misuse.

You may only use tracking codes, API keys, connectors, and other credentials for websites, products, and data sources that you are authorized to operate or measure.

4. Customer Responsibilities

You are responsible for:

• ensuring that your use of the Service complies with applicable laws;
• providing any required notices to visitors, users, employees, or customers;
• obtaining any required consent for analytics, cookies, tags, or tracking;
• checking that the Service is configured correctly for your websites;
• the content, legality, and operation of your own websites and systems.

5. Acceptable Use

You must not use the Service to:

• violate any law, regulation, third-party right, or duty of confidentiality;
• send spam, malware, harmful code, or unauthorized bulk communications;
• interfere with, disrupt, overload, scan, or attack the Service or its infrastructure;
• perform load testing, stress testing, benchmarking, or performance testing without our written permission;
• reverse engineer, copy, resell, sublicense, or commercially exploit the Service except as expressly allowed;
• collect data from websites, users, or systems that you are not authorized to measure;
• use the Service in a way that could harm NowMetrix, other customers, or the reliability of the platform.

We may suspend or terminate access immediately if we believe your use creates a security, legal, operational, or abuse risk.

6. Trials, Fees, and Payment

We may offer a 30-day free trial for new customers. A trial may be subject to review and approval, and we may decline or end a trial if the website does not fit the intended use of the Service or if the trial is misused.

Paid plans are generally based on monthly pageview volume and the features or support level included in the plan. Prices are stated exclusive of VAT, taxes, duties, or similar charges unless we state otherwise.

If your usage consistently exceeds the limits of your plan, we may contact you about moving to a plan that fits your actual traffic. We will not intentionally surprise you with a paid upgrade without notice. If you do not accept a required plan change, you may cancel the subscription or we may limit access after reasonable notice.

Unless otherwise agreed, subscriptions renew for the selected billing period. You may cancel according to the cancellation options available in your account or by contacting us. Fees already paid are non-refundable except where required by law or expressly agreed in writing.

7. Intellectual Property

NowMetrix and its licensors own all rights in the Service, including software, design, text, code, APIs, documentation, trademarks, logos, and other materials. These Terms do not transfer any ownership rights to you.

You retain ownership of your websites, content, and customer data. You grant us the limited rights needed to provide, secure, maintain, support, and improve the Service for you.

8. Data and Privacy

Our processing of personal data is described in our Privacy Policy. If you use NowMetrix on your own website or for your own users, you are responsible for determining whether you need a separate data processing agreement or additional privacy terms. Please contact us if you require one.

9. Third-Party Services

The Service may link to or integrate with third-party services such as hosting providers, payment providers, AI tools, social networks, messaging tools, or documentation platforms. We are not responsible for third-party services, websites, policies, availability, security, or content.

10. Availability and Support

We work to keep the Service reliable and available, but we do not guarantee that it will be uninterrupted, error-free, or available at all times. Downtime may occur because of maintenance, updates, infrastructure failures, third-party outages, security incidents, or events outside our control.

11. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available". We disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability.

Analytics data is a decision-support tool. You are responsible for reviewing results and deciding how to act on them.

12. Limitation of Liability

To the fullest extent permitted by law, NowMetrix will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of profits, revenue, goodwill, data, traffic, or business opportunity.

To the fullest extent permitted by law, our total liability for all claims relating to the Service is limited to the fees you paid to NowMetrix for the Service during the 12 months before the event giving rise to the claim. This limitation does not apply where liability cannot legally be limited.

13. Indemnity

You agree to defend, indemnify, and hold harmless NowMetrix from claims, damages, liabilities, costs, and expenses arising from your use of the Service, your websites or content, your violation of these Terms, or your violation of third-party rights or applicable law.

14. Suspension and Termination

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms, fail to pay fees, create risk for the Service, or use the Service in a way that may harm NowMetrix, other customers, or third parties.

After termination, your right to use the Service ends. Provisions that by their nature should survive termination will continue to apply, including payment obligations, intellectual property, disclaimers, limitation of liability, indemnity, governing law, and dispute provisions.

15. Changes to These Terms

We may update these Terms from time to time. Updated Terms become effective when posted on this page or when otherwise notified. If you continue using the Service after an update takes effect, you accept the updated Terms.

16. Governing Law and Venue

These Terms are governed by the laws of Switzerland, excluding conflict-of-law rules. Unless mandatory law provides otherwise, the courts of Zurich, Switzerland, have exclusive jurisdiction for disputes arising from or relating to these Terms or the Service.

17. Contact

If you have questions about these Terms, please contact us:

These Terms are written in English. If they are translated for convenience, the English version controls unless mandatory law says otherwise.