Terms of use

These terms are an agreement between you and us. “We” and “us” mean Benmetrics. “You” means the person who creates the account and, if you create it for a business, charity or other organisation, that organisation too. In that case you are confirming that you’re allowed to agree on its behalf.

You agree to these terms when you create an account. If you don’t agree with them, please don’t use Benmetrics.

Two other pages belong with this one. The data processing agreement covers your visitors’ data and is part of these terms. The privacy page explains what Benmetrics records and what we hold about you.

Benmetrics is made for businesses and organisations. If you use it as a private individual, nothing in these terms takes away the rights the law gives you as a consumer.

• You must be 18 or over to have an account.
• Give us your real name and an email address you can read. We use it to confirm your account, to reset your password, and to tell you about anything important, such as a change to these terms.
• You are responsible for what is done with your account. Keep your password to yourself, and tell us straight away if you think someone else has used it.
• You can invite other people to sign in to your account, up to the number your plan covers. They agree to these terms when they join, and you are responsible for what they do with your account.

Only add a website if it’s yours, or if its owner has agreed to you measuring it. If you are an agency or a freelancer adding your clients’ websites, you are responsible for having each client’s agreement, and for these terms being kept to on their websites.

Tell your visitors. Your website’s privacy policy should say that it uses Benmetrics. There is wording you can copy on our privacy page.

The law that applies to your website is yours to keep to. We have built Benmetrics so that this is easy: it sets no cookies and stores nothing that identifies a person. But we don’t know your website or your business, and nothing we say is legal advice.

You must not:

• Send us personal details about your visitors. Don’t put names, email addresses, phone numbers, account numbers or anything else that identifies a person into the names or details of the events you record. If the address of a page contains details like that, leave our line of code off that page.
• Look where you shouldn’t. Don’t try to see another customer’s statistics, or to get into Benmetrics in any way other than through your own account.
• Get in the way of the service. Don’t send made-up visits, flood Benmetrics with requests, or interfere with it or with anyone else’s use of it.
• Pass it off as your own. Don’t copy, resell or rent out Benmetrics. Adding your clients’ websites to your account is fine.
• Break the law with it. Don’t use Benmetrics on a website that is unlawful, or to do anything unlawful yourself.

If you do any of these, we may suspend or close your account. See leaving, and closing accounts.

The statistics for your websites are yours. We hold them for you and use them only to provide Benmetrics to you.

We never sell them, never share them with advertisers or anyone else, and never use them to build a picture of any person. The few companies that help us run the service are named in the data processing agreement.

For your visitors’ data, data protection law treats you as the one in charge (the “controller”) and us as working on your instructions (the “processor”). The data processing agreement sets out what that means for each of us, and it is part of these terms.

Sharing a report. You can give a website’s report a link that opens without an account, with a password if you choose. Anyone who has the link, and the password if there is one, can see that website’s statistics until you switch sharing off or make a new link. Who you give it to is up to you.

We may look at totals for the whole service, such as how many visits we count in a day, in order to run it and plan for it. Those totals never identify you, your websites or your visitors.

Benmetrics has two plans. Solo is £8 a month, for one website, one user and 50,000 page views a month. Teams is £14 a month, for up to 50 websites, up to 5 users and 250,000 page views a month. No VAT is added to those prices.

A new account is free for its first 7 days, and no payment details are asked for. You are never charged unless you choose to add a card. If you add one, your plan starts when the free days end and is paid for each month, in advance, until you cancel. If you don’t, your reports are locked when the free days end. We keep counting visits to your websites for 7 more days, and then stop until you choose a plan. You can delete your account at any time.

You can cancel whenever you like, from your account. Your reports stay open until the end of the month you have paid for, and we keep counting for 7 days after that. We don’t refund part of a month.

Going over your plan’s page views never stops the counting. If you go over for two months in a row, we will ask you to move to a bigger plan, and your reports are locked if you haven’t within 14 days.

Payments are taken by Stripe. If a payment fails, it is tried again over the following days, and your reports are locked if it can’t be taken.

We may change the prices. We will email you at least 30 days before a change affects you. If you opened your account before there were plans, it stays free until we email you, at least 30 days ahead.

We will provide Benmetrics with reasonable care and skill, keep it secure, and put problems right as quickly as we reasonably can.

The figures are a careful count, not an exact one. Some people’s browsers block counting scripts. We leave out visits that we believe are automated and not from people. And because nobody is followed from one day to the next, someone who visits on two days is counted as a visitor on each. Treat the figures as a good guide to how your website is doing, not as audited numbers.

We can’t promise it will always be available. Benmetrics may be out of action now and then, for maintenance or for reasons outside our control. Visits that happen while counting is stopped can’t be recovered afterwards.

It will change. We may add, change or remove features as Benmetrics develops. If we ever decide to close the service altogether, we will email you at least 30 days beforehand so that you have time to keep a record of your figures.

How long things are kept is on the privacy page: the record of each individual visit for 25 months, and the daily totals for as long as the website is in your account.

You can stop at any time. Remove a website from its settings page, or delete your whole account from your account page. Your sign-in and your websites go at once, and their statistics are deleted within the hour. This can’t be undone.

Once a website is removed, our line of code on it no longer does anything. Take it out the next time you edit the website.

We may suspend or close your account if you seriously or repeatedly break these terms, if you haven’t put a problem right within 14 days of our asking, or if the law requires us to. We will email you to say why. Wherever we can, we’ll warn you first and give you the chance to put things right.

The parts of these terms that are meant to carry on after the agreement ends, such as if something goes wrong, do.

• We own Benmetrics: the software, the design, the name and the logo. These terms let you use the service. They don’t pass any of it to you.
• You own your websites and your statistics.
• You are welcome to say that you use Benmetrics. We won’t use your name or logo to promote it without asking you first.
• If you send us an idea or a suggestion, we may use it without owing you anything.

What these terms never limit. Nothing here limits what we are responsible for where the law doesn’t allow a limit: death or personal injury caused by our negligence, fraud, and anything else that can’t legally be limited or excluded.

What they do limit. Beyond that, and as far as the law allows:

• we are not responsible for lost profit, sales, business, goodwill or data, or for any loss that is an indirect result of something we did or didn’t do;
• we are not responsible for decisions you make because of the figures;
• the most we will owe you, for everything that arises in any 12 months, is whatever you paid us for Benmetrics in those 12 months, or £100 if that is more.

Things outside our control. We are not responsible for failing to do something because of events we couldn’t reasonably have prevented, such as a failure of the internet or of a hosting company.

If you are a consumer, you have legal rights that these terms don’t reduce.

We may update these terms, for example when we add a feature or the law changes. The date at the top of the page shows when they last changed.

If a change makes a real difference to you, we will email you at least 30 days before it takes effect. If you carry on using Benmetrics after that, you are agreeing to the new terms. If you don’t agree with them, you can delete your account before then.

These terms are governed by the law of Scotland, and the Scottish courts will decide any dispute about them. If you are a consumer living elsewhere in the United Kingdom, you can use the courts where you live instead.

• These terms, together with the data processing agreement, are the whole agreement between us about Benmetrics.
• If a court decides that part of them can’t be enforced, the rest still applies.
• If we don’t insist on something straight away, we can still insist on it later.
• We may pass this agreement to another company if Benmetrics changes hands. We’ll tell you, and your rights stay the same. You need our agreement to pass yours on.
• Nobody other than you and us has any rights under this agreement.

Benmetrics is independently built and owned in Scotland.

To ask us anything about this page, write to us through our contact form. We read everything and reply as soon as we can.