The hosted service.In plain words.

Draft under legal review. This text has not yet been approved by Castomo's legal advisers and is published so customers can read the intended terms. Until the approved version replaces it, questions about these terms go to hello@castomo.com.

1. Who provides the service

The hosted Observer service (the Service) is provided by Castomo prosta spółka akcyjna, ul. Powstańców Śląskich 5/212, 53-332 Wrocław, Poland, entered in the register of entrepreneurs of the National Court Register (KRS) under number 0001188843, kept by Sąd Rejonowy dla Wrocławia-Fabrycznej we Wrocławiu, VI Wydział Gospodarczy Krajowego Rejestru Sądowego; NIP 8993033031, REGON 542471636; share capital (kapitał akcyjny) 100 000,00 zł (Castomo, we). Contact: hello@castomo.com.

2. Words used here

• Customer or you: the business or organisation that subscribes, acting through the owner of a workspace.
• castomo account: the account at accounts.castomo.com that signs you into every castomo product.
• Workspace: a castomo workspace. In Observer, a workspace holds the sites, the members and the subscription.
• Owner: the workspace member with the owner role. Only the owner can start, change or cancel a subscription.
• Plan: Starter, Pro or Business, as described on the pricing page.
• Panel: the Observer dashboard at observer.castomo.com/panel/.
• Visitor data: the data the Observer tag collects from visitors to your sites.

3. Who the Service is for

The Service is offered to businesses and organisations for analysing their own websites. By subscribing you confirm that you act for such a business or organisation and that you may bind it to these terms.

4. Accounts and workspaces

You sign in with a castomo account, then choose or create a workspace and pick a plan. The subscription belongs to the workspace, and members of the workspace see only that workspace's sites. Workspace membership and roles are managed through castomo accounts. You are responsible for who you invite and for keeping sign-in details safe.

5. Plans, prices and limits

Each plan includes a number of sites, views a month and members, and the features listed on the pricing page. Prices are in euros, billed monthly or yearly in advance; the yearly price equals ten months. Prices are net of VAT, which is added at checkout where the law requires it.

• Views. If a month goes over the plan's views, collection continues and the owner is asked to upgrade. We do not drop, sample or cap your data because of it, and we do not charge for the overage without your choice of a new plan.
• Sites and members. A new site or member must fit the plan. To add more, choose a larger plan.
• Features. Heatmaps, session timelines, session replay and funnels need Pro or Business. API keys, the /api/v1 endpoints and the MCP server need Business.

6. The 14-day trial

Your first subscription starts with a 14-day trial of the plan you choose. Your payment card is taken when the trial starts. If you do not cancel before the trial ends, the card is charged on day 15 and the subscription continues. If you cancel during the trial, nothing is charged. The trial is offered once per person.

7. Billing and payment

Checkout, invoices and the billing portal are provided by castomo's billing service, with Stripe as the payment provider. Observer never receives your card details. Subscriptions renew automatically at the end of each monthly or yearly period until cancelled.

8. Changing or cancelling a plan

The owner can change or cancel the subscription at any time in the billing portal, opened from the Panel. A cancellation takes effect at the end of the period already paid for, and paid periods are not refunded in part. After a downgrade, features the new plan does not include close, but you can still delete recordings, funnels and other data you can no longer open.

9. Missed payments and the end of a subscription

• If a payment fails, reports stay open for 7 days, and collection continues for a further 7 days.
• When a subscription is cancelled or ends, reports close and collection continues for a 7-day grace period, then pauses.
• If the workspace is deleted at castomo, collection pauses at once.
• While collection is paused, your sites keep working normally for your visitors. Choosing a plan reopens the reports and restarts collection.

10. Your data and your visitors' data

You remain the controller of visitor data, and Castomo processes it on your behalf. The Data Processing Agreement forms part of these terms. You are responsible for choosing the privacy tier of each site, for having a legal basis where a tier needs one (tiers T1 and T2, including session replay, need a documented legal basis or the visitor's opt-in), and for telling your visitors about analytics in your own privacy notice. How we handle your own account data is described in our privacy notice.

11. Acceptable use

You may use the Service only on websites you operate or are authorised to measure, and only lawfully. You may not:

• try to identify individual visitors, re-identify pseudonymous data, or combine Observer data with other data to do so;
• send names, e-mail addresses, phone numbers, payment data or special categories of personal data in custom events, page addresses or server-to-server events;
• work around the Service's privacy protections, such as k-anonymity suppression, input masking or the daily identity rotation;
• use the Service for sites that are unlawful, or to profile visitors for advertising;
• disrupt the Service, probe it for vulnerabilities without our written permission, or send traffic that is not real visitors' traffic;
• resell or provide the Service to third parties as your own product without our written agreement.

We may suspend a site or a workspace that breaks these rules, telling the owner why, and terminate the subscription if the breach is serious or is not fixed after we ask.

12. Availability and changes to the Service

We run the Service with care and aim to keep it available, but we do not promise uninterrupted operation and offer no service-level agreement with the plans. We may improve and change the Service. If a change removes a feature your plan includes, we will tell the owner in advance and you may cancel.

13. Liability

Castomo's total liability under these terms is limited to the fees you paid for the Service in the 12 months before the event that gave rise to the claim. Castomo is not liable for lost profits or indirect damage. Nothing in these terms limits liability that the law does not allow to be limited, including liability for damage caused intentionally.

14. Changes to these terms

We may change these terms. We will publish the new version on this page and tell owners by e-mail at least 30 days before a change takes effect. If you do not accept the change, you may cancel before it takes effect.

15. Law and disputes

These terms are governed by Polish law. Disputes are settled by the court with jurisdiction over Castomo's registered seat.

16. Contact

Questions about these terms, billing or your subscription: hello@castomo.com, or the contact page.