Terms of Service

1. Acceptance of Terms

By accessing and using the services provided by Common Analytics Limited (trading as "SMAQ"), a company incorporated in Hong Kong, connecting your Google Analytics accounts, or accessing our benchmark reports, you agree to be bound by these Terms of Service ("Terms"). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Access License

Permission is granted to access and use SMAQ's services for your internal business analysis and client reporting purposes. This license is subject to the following restrictions:

• You must not modify, copy, resell, or distribute the benchmark reports to third parties (except to your direct clients as part of your service);
• You must not use the benchmarks to reverse-engineer specific competitor data;
• You must not attempt to reverse engineer any software contained in SMAQ's services;
• You must not use the service to build a competitive product.

3. Data Rights & Aggregated Benchmarks

3.1 Your Data Ownership

You retain full ownership of the raw data originating from your Google Analytics account ("User Data"). SMAQ does not claim ownership of your specific User Data.

3.2 License to Aggregate

By connecting your account, you grant SMAQ a worldwide, royalty-free, non-exclusive license to process, anonymize, and aggregate your User Data to create "Aggregated Data." This license continues for the duration of your use of the Service and for a period of 24 months after termination, after which SMAQ will only retain Aggregated Data in fully anonymized form.

3.3 Aggregated Data Protection

"Aggregated Data" refers to statistical data sets that have been combined with data from other users. SMAQ owns all rights to this Aggregated Data. We guarantee that Aggregated Data:

• Is fully anonymized and stripped of Personal Identifiable Information (PII);
• Does not identify You or your specific End Users;
• Is only displayed when a minimum threshold of data sources (k-anonymity) is met to prevent reverse engineering.

3.4 Opt-Out & Termination

Participation in the Benchmarking program is voluntary but required to view Benchmark reports. If you opt out via your settings:

• We will immediately cease using your incoming data for future benchmarks;
• You will lose access to the Industry Benchmark features;
• Previously generated Aggregated Data (which is already anonymous and merged) cannot be retracted.

4. Fees, Payment, and Refunds

SMAQ offers both free and paid services. For paid subscriptions:

• Billing: You authorize SMAQ to charge your payment method in advance on a recurring (monthly or annual) basis.
• Refunds: Payments are generally non-refundable. Refunds for partially used periods may be considered at SMAQ's discretion on a case-by-case basis. This does not affect any rights you may have under applicable Hong Kong consumer protection legislation.
• Price Changes: SMAQ reserves the right to adjust pricing. We will give you at least 30 days' written notice before any price increase takes effect. If you do not agree to the new pricing, you may cancel your subscription before the new price applies.

5. Third-Party Services (Google)

SMAQ integrates with third-party services, including Google Analytics. Your use of SMAQ is also subject to Google's Terms of Service and Privacy Policy. SMAQ is not responsible for:

• The accuracy or availability of data provided by Google APIs;
• Any changes to Google's API policies that may affect SMAQ's functionality;
• Data loss caused by third-party platform outages.

6. Demo Accounts

SMAQ may provide demo or trial accounts to prospective customers. Demo accounts are provided solely for evaluation and are subject to the following conditions:

• Demo users must not add, modify, or change any data connections or data sources;
• Any connection of data is at the prospective customer's sole risk;
• SMAQ is not liable for any loss to the prospective customer's business resulting from data connection or demo usage;
• SMAQ assumes no responsibility for the data or security protection of the prospective customer in a demo account.

7. Termination

7.1 Termination by You

You may terminate your account at any time by contacting us at support@smaq.io or through your account settings. Termination will take effect at the end of your current billing period.

7.2 Termination by SMAQ

We may suspend or terminate your access to the Service immediately if you breach these Terms, fail to pay fees when due, or if we are required to do so by law. We will provide reasonable notice where practicable.

7.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will cease immediately;
• We will retain your personal data in accordance with our Privacy Policy;
• You may request a copy of your User Data within 30 days of termination;
• Sections 3.3, 7.3, 8, 9, 10, 11, and 13 shall survive termination.

8. Indemnification

You agree to indemnify, defend, and hold harmless SMAQ, its officers, directors, and employees from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party (including your clients) due to or arising out of:

• Your use of the Service;
• Your violation of these Terms;
• Your violation of any rights of another, including connecting a Google Analytics account without proper authorization.

9. Disclaimer of Warranties

READ THIS SECTION CAREFULLY.

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. SMAQ expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the benchmarks will be error-free or that the service will be uninterrupted.

10. Limitation of Liability

In no event shall SMAQ be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses.

Aggregate Liability: In no event shall SMAQ's aggregate liability for all claims relating to the service exceed the greater of HK$800 (approximately US$100) or the total amount you paid SMAQ in the 12 months preceding the claim.

11. Governing Law & Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict of law provisions.

11.2 Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the dispute through good-faith negotiation for a period of 30 days. If the dispute cannot be resolved through negotiation, it shall be submitted to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

12. General Provisions

12.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

12.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SMAQ regarding the use of the Service and supersede all prior agreements and understandings.

12.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term.

12.4 Assignment

You may not assign or transfer these Terms without our prior written consent. SMAQ may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

13. Contact Information

If you have any questions about these Terms of Service, please contact us at:

• Email: support@smaq.io
• Address: Unit 539, 5/F, Building 19W, No. 19 Science Park West Avenue, Hong Kong Science Park, Pak Shek Kok, N.T., Hong Kong