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Terms of Use

Last updated: May 7, 2026

These Terms of Use ("Terms") govern your access to and use of the website located at ghostmetrics.io and related Ghost Metrics web properties (the "Site"), and your access to and use of the Ghost Metrics analytics service to the extent you are not covered by a separately signed agreement (the "Service"). The Site and the Service are operated by Ghost Metrics, LLC ("Ghost Metrics," "we," "us," or "our").

Please read these Terms carefully. By accessing or using the Site or the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Site or the Service.

1. Relationship to other agreements

If you have entered into a separate written agreement with Ghost Metrics for the Service, such as a Master Services Agreement and its schedules and order form (collectively, the "MSA"), that agreement governs your access to and use of the Service. In the event of any conflict between these Terms and the MSA with respect to the Service, the MSA controls.

These Terms continue to govern your use of the Site itself, and they govern any use of the Service that occurs before, or outside the scope of, a signed MSA, including any trial, evaluation, or self-service access we may make available.

Your use of the Service is also subject to our Privacy Policy, our Service Level Agreement, our Data Processing Agreement, and, where applicable, a Business Associate Agreement.

2. Eligibility and accounts

The Site and the Service are intended for businesses and the professionals who represent them. They are not directed to children, and we do not knowingly collect personal information from children. See our Privacy Policy for details.

If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to provide accurate information, to keep it current, and to notify us promptly of any unauthorized use of your account. We may refuse, suspend, or cancel any account or credential at our discretion where we reasonably believe it is necessary to protect the Site, the Service, or other users.

3. The service

Subject to these Terms, and to the MSA where one applies, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during the period you are authorized to do so. We may engage third parties to help provide the Service.

We may modify, update, or improve the Service from time to time, including by adding or changing features. We may also establish or change limits on use, such as the volume of tracked actions associated with a service plan.

4. Acceptable use

You agree that you will not, and will not permit any third party to:

  • Use the Site or the Service in violation of any applicable law or regulation, including laws governing privacy, data protection, healthcare, advertising, and non-discrimination.
  • Deploy the Service on any website or property for which you have not obtained all legally required notices, permissions, and consents from end users, including any consent required for the collection of analytics data and the use of cookies or similar technologies.
  • Use the Service, alone or in combination with other data, to attempt to re-identify any individual from data that has been pseudonymized, de-identified, or aggregated, or to otherwise determine the identity of any individual where doing so is not permitted by law and by your own privacy notices.
  • Upload, collect, or transmit any data you are not authorized to process, or configure the Service to capture data fields that are excessive or unnecessary for your stated purpose.
  • Copy, modify, translate, or create derivative works of the Service or any of its software, or reverse engineer, decompile, or attempt to derive the source code or underlying structure of the Service, except to the extent this restriction is prohibited by applicable law.
  • Resell, sublicense, rent, lease, or provide the Service to any third party, or use the Service to process data on behalf of a third party except as expressly permitted in writing.
  • Use the Service to develop or support a competing product or service, or for benchmarking or competitive analysis.
  • Interfere with or disrupt the integrity or performance of the Service, attempt to gain unauthorized access to the Service or its related systems, or circumvent any security or access controls.
  • Introduce any virus, worm, malware, or other malicious code, or use any robot, spider, scraper, or similar automated means to access or copy any part of the Site or the Service other than as expressly permitted.
  • Use the Site or the Service to store, transmit, or distribute any content that is unlawful, infringing, defamatory, harassing, or that promotes discrimination or violence.

We have no obligation to monitor your use of the Service, but we may do so, and we may suspend or prohibit any use we reasonably believe violates these Terms or applicable law.

5. Customer data and privacy

As between you and us, you retain ownership of the data collected through your use of the Service ("Customer Data"). You grant us the rights necessary to host, process, and transmit Customer Data in order to provide the Service.

We process personal information as described in our Privacy Policy and, where applicable, our Data Processing Agreement and Business Associate Agreement. Where the Service is used in connection with protected health information, our handling of that information is governed by the Business Associate Agreement. We do not use Customer Data or any protected health information to train machine learning models, to advertise, or for any purpose other than providing and supporting the Service.

You are responsible for the accuracy, quality, and legality of Customer Data, for the means by which you acquired it, and for your configuration of what the Service collects and how long it is retained.

6. Intellectual property

The Site, the Service, and all software, text, graphics, logos, and other materials we provide, together with all related intellectual property rights, are owned by Ghost Metrics or its licensors. Except for the limited license expressly granted in these Terms, nothing here transfers any right, title, or interest in the Site or the Service to you.

"Ghost Metrics" and "Ghost" and our logos are our trademarks. You may not use them without our prior written permission.

Portions of the Service incorporate third-party and open-source components, which are subject to their own license terms identified on our open-source page. Those components are provided under their respective licenses and not under these Terms.

7. Fees

If you access the Service under an MSA or order form, fees and payment terms are set out there. Except as required by law or expressly stated in your MSA or order form, fees are non-refundable.

8. Suspension and termination

We may suspend or terminate your access to the Site or the Service at any time if we reasonably believe it is necessary to protect the safety, security, or integrity of the Service, our other customers, or our infrastructure, or if you violate these Terms or applicable law. Where you are covered by an MSA, the suspension and termination provisions of the MSA also apply and control with respect to the Service.

Upon termination, your right to access the Site and the Service ends. Provisions of these Terms that by their nature should survive termination will survive, including provisions on intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

9. Disclaimers

THE SITE AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECT WILL BE CORRECTED. WHERE YOU ARE COVERED BY AN MSA, THE WARRANTY TERMS AND DISCLAIMERS OF THE MSA GOVERN THE SERVICE.

This section does not limit any warranty or commitment expressly made in a signed MSA, and nothing in these Terms limits rights that cannot be limited under applicable law.

10. Limitation of liability

WHERE YOU ARE COVERED BY AN MSA, THE LIMITATION OF LIABILITY IN THE MSA GOVERNS AND CONTROLS WITH RESPECT TO THE SERVICE.

FOR ALL OTHER USE OF THE SITE OR THE SERVICE UNDER THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF BUSINESS, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SITE OR THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You agree to defend, indemnify, and hold harmless Ghost Metrics and its officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site or the Service in violation of these Terms or applicable law, your Customer Data, or your breach of any representation or obligation in these Terms. Where you are covered by an MSA, the indemnification provisions of the MSA also apply.

12. Third-party sites

The Site and the Service may contain links to third-party websites or services that we do not control. We are not responsible for the content or practices of any third-party site or service, and we encourage you to review their terms and privacy policies.

13. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and post the revised Terms on this page. Where required, or where you are covered by an MSA, we will provide notice in accordance with that agreement. Your continued use of the Site or the Service after the changes take effect constitutes acceptance of the revised Terms.

14. Governing law and venue

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict of laws provisions. Any claim or action arising out of or relating to these Terms must be brought exclusively in a state or federal court of competent jurisdiction sitting in Owensboro, Kentucky, and you submit to the jurisdiction of those courts.

15. General

These Terms, together with any MSA, the Privacy Policy, the Service Level Agreement, the Data Processing Agreement, and any Business Associate Agreement that applies to you, constitute the entire agreement between you and us regarding the Site and (absent an MSA) the Service. If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in effect. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction. Our failure to enforce any provision is not a waiver of it.

16. Contact

Ghost Metrics, LLC
2624a New Hartford Rd
Owensboro, KY 42303
Email: [email protected]

Questions about these Terms? Contact [email protected] or our compliance team.