Heap Terms of Service

This agreement sets out the rules for using Heap's (Contentsquare's) analytics service, including who owns what data and what each side is responsible for. Contentsquare keeps all rights to its service and can use your data on a perpetual basis to improve its products, while you retain ownership of your Customer Data. Your financial recourse against Contentsquare is limited to what you paid in the prior twelve months, and you are responsible for ensuring your use of the service complies with data protection laws.

This document establishes the terms governing Customer access to and use of the CS Service provided by Contentsquare (operating as Heap). Contentsquare and its Affiliates retain all intellectual property rights in the CS Service, Documentation, and derivative works, while Customer Data remains owned by the customer, subject to a perpetual, worldwide, royalty-free license granted to Contentsquare to use Customer Data for internal research, development, and service improvement purposes. Customers bear the compliance burden for Applicable Data Protection Laws in their use of the service and must technically prevent unauthorized personal data transfers to Contentsquare, while also indemnifying Contentsquare against claims arising from their data or misuse of the service. Contentsquare may suspend accounts or disable access upon a reasonable and good faith belief of an Agreement violation, subject to prior notice. Each party's aggregate liability under the Agreement is capped at fees paid in the preceding twelve months, with all consequential, indirect, and punitive damages mutually excluded, and a separate US $1,000 cap applies to Trial Services.

As a customer, you retain ownership of your Customer Data, but Contentsquare holds a perpetual, worldwide license to use that data for service development and improvement purposes that survives the end of the Agreement. You are solely responsible for ensuring your use of the service complies with data protection laws and for technically blocking any personal data that is not permitted from reaching Contentsquare. If Contentsquare believes you have violated the Agreement, it may suspend your access after providing reasonable prior notice. Your ability to recover damages from Contentsquare is capped at the fees you paid in the twelve months before any claim arises, and recovery of lost profits or consequential damages is not available under any circumstances.