Terms of Service

These Terms of Service (the “Terms”) are an agreement between Brightmotion (“Brightmotion”, “we”, “us”) and the person or entity that creates an AgentHog account (“you”, the “Customer”). They govern your use of AgentHog — the hosted analytics service at agenthog.io (also reachable at its former address, hog.brightmotion.io), its SDKs, the ah CLI, and its APIs (together, the “Service”).

If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “Customer” means that entity.

AgentHog is a data-processing and storage service. You instrument your own websites, apps, games, and backends; the Service receives the events you choose to send, stores them, and gives you tools to query and act on them. Our role is that of an infrastructure vendor acting on your instructions — comparable to a hosted database — and not that of a marketing partner, advertising network, data broker, or affiliate of your business.

Concretely, with respect to the data you send the Service (“Customer Data”):

• We process Customer Data solely to provide, secure, and support the Service for you, and as these Terms or your documented instructions otherwise permit.
• We do not sell Customer Data, rent it, or share it with third parties for their own purposes.
• We do not use Customer Data for advertising, ad targeting, or marketing — ours or anyone else's.
• We do not combine your Customer Data with any other customer's data, or use it to build cross-customer profiles of end users.
• Aggregate, de-identified operational metrics (for example, total event volume for capacity planning and billing) are not Customer Data.

You must provide accurate account information and keep your credentials — including API tokens — confidential. You are responsible for all activity under your account and your tokens, including activity by team members you invite and by automated agents you authorize. Tell us promptly at [email protected] if you believe your account has been compromised.

As between you and Brightmotion, you own all Customer Data. You grant us a limited license to host, copy, transmit, and process Customer Data only as needed to provide the Service and meet our obligations under these Terms. That license ends when the data is deleted under §7 or §8.

The Service collects nothing on its own — every event exists because you installed our SDK or called our API. You, not Brightmotion, decide what to collect from the people who use your products (“End Users”), and you are solely responsible for collecting it lawfully. In particular, you represent and warrant that you will:

• Provide End Users with all legally required notices and disclosures, including a privacy policy that accurately describes your use of analytics services such as AgentHog.
• Obtain and maintain any consent or other lawful basis required by applicable law (including, where applicable, the GDPR, the ePrivacy Directive, the CCPA/CPRA, and similar laws) before collecting End User data or setting identifiers on End User devices.
• Configure your integration in line with those obligations — for example, gating the tracker behind your consent mechanism where one is required.
• Respond to End Users' privacy rights requests (access, deletion, objection, and the like) as the controller of their data, using the process in §7 where fulfilling a request needs action from us.
• Not use the Service to collect data from children where doing so requires parental consent you have not obtained (including under COPPA), and not direct the Service at children under 13.

You agree to indemnify and hold Brightmotion harmless from third-party claims, fines, and reasonable costs arising from your failure to meet the obligations in this section.

You must not send the Service:

• Special-category or sensitive personal data (health or medical records, biometric data, precise geolocation, government identifiers, data revealing race, religion, sexual orientation, or similar).
• Payment-card data subject to PCI DSS, bank account numbers, passwords, or other credentials.
• Data you do not have the legal right to collect and share with a processor.

You also must not: probe, disrupt, or overload the Service other than through documented use; attempt to access another customer's data; resell the Service without our written agreement; or use the Service in violation of applicable law. We may suspend accounts that put the Service or other customers at risk, and will tell you when we do unless the law prevents it.

Because we act as your vendor and have no direct relationship with your End Users, all privacy rights requests are funneled through you:

• End Users contact you. If an End User contacts us directly about data your project collected, we will not act on the request unilaterally; we will direct them to you and notify you where we reasonably can, since only you can verify who they are in your product.
• You contact us by email. To have End User data deleted (or exported) from the Service, email [email protected] from an address associated with your account, identifying the project and the user identifier(s) concerned.
• We execute within 30 days. We will complete verified deletion requests within 30 days, and confirm when done. Deleted data may persist in backups for up to 90 additional days — the retention of our longest backup cycle — before those backups age out.

Independent of any request, individual events and sessions age out automatically at the end of your plan's retention window, as described on the pricing page and in the product documentation.

You may stop using the Service and delete your account at any time. We may terminate the agreement with 30 days' notice, or immediately for material breach of these Terms (including §5 and §6) or non-payment. Upon account closure, we will delete Customer Data within 60 days, subject to the same backup tail described in §7. Export your data before closing your account if you want to keep it.

Scope. “Attribution Postback Data” means data delivered to the Service by a mobile measurement partner (“MMP”) at your direction — for example, Singular Internal-BI postbacks pointed at your AgentHog postback URL — including any network-provided user-level data contained in it (“Network-Restricted Data”, such as data made available under Meta’s Advanced Mobile Measurement Terms).

Service-provider role. We process Attribution Postback Data solely on your behalf and on your instructions, as your service provider (processor). We acquire no rights in Attribution Postback Data beyond those necessary to provide the Service to you.

AMM flow-down. For Network-Restricted Data made available under Meta’s Advanced Mobile Measurement Terms, we agree to handle it in accordance with those terms as they bind you. In particular, we will not:

• Disclose, resell, or otherwise redistribute the data to any third party.
• Use it for the benefit of any customer other than you, or combine it across customers.
• Use it to build or augment advertising audiences or user profiles.
• Use it for any purpose other than providing measurement and analytics services to you.

We will delete Network-Restricted Data on your request and on termination, in accordance with the deletion terms in §7 and §8.

Customer responsibility. You are responsible for (a) having accepted the applicable network terms (for example, Meta’s Advanced Mobile Measurement Terms) for each app whose data is delivered to the Service, and (b) confirming that your agreements with your MMP and with the advertising networks permit delivery to a service-provider endpoint. We make no representation that any particular postback configuration complies with a network’s or an MMP’s terms; if you prefer not to rely on the service-provider arrangement, you may instead relay postbacks through your own backend.

Paid plans are billed as described on the pricing page in effect for your account. Usage-based charges are calculated from the events the Service accepts. Fees are non-refundable except where the law requires otherwise. We will give at least 30 days' notice before a price change affects you.

We own the Service — its software, SDKs, documentation, and branding. These Terms give you a limited, non-exclusive, non-transferable right to use them to consume the Service. Open-source components we publish are separately licensed under their own terms.

The Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including fitness for a particular purpose and non-infringement. Analytics data is statistical in nature; we do not warrant that every event will be captured or that derived metrics are error-free.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, and our total aggregate liability under these Terms is capped at the amounts you paid us in the 12 months before the claim arose (or US $100 if you are on a free plan). Nothing in these Terms limits liability that cannot be limited by law.

We may update these Terms from time to time. For material changes we will give at least 30 days' notice by email or in-product notice. Continued use of the Service after a change takes effect constitutes acceptance. If you don't agree to a change, stop using the Service and close your account before the effective date.

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-laws rules, and disputes will be resolved exclusively in the state or federal courts located in Wisconsin.

Questions about these Terms: [email protected].