Terms of Service

Last updated: 4 May 2026

These Terms of Service ("Terms") govern your use of the MetricHQ email tracking analytics service (the "Service") operated by Hitoric Ltd ("we", "us", "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Service Description

MetricHQ provides email tracking analytics via a REST API, web dashboard, and browser extension. The Service allows you to:

• Create tracked messages with unique tracking pixels and redirect links
• Monitor email open and click events in real time
• Access analytics data through the API and dashboard
• Receive webhook notifications for email events

MetricHQ does not send emails on your behalf. You are responsible for embedding tracking pixels and links in emails sent through your own email infrastructure.

2. Acceptable Use

You agree to use the Service in compliance with all applicable laws and regulations. You must not:

• Use the Service to track emails sent as unsolicited bulk email (spam)
• Use the Service in connection with phishing, fraud, or deceptive practices
• Violate the CAN-SPAM Act, GDPR, PECR, or any other applicable anti-spam or data protection legislation
• Attempt to circumvent rate limits, usage quotas, or other Service restrictions
• Use the Service to harass, stalk, or monitor individuals without legitimate business purpose
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Interfere with or disrupt the integrity or performance of the Service

We reserve the right to suspend or terminate your account if we reasonably determine that you have violated these acceptable use terms.

3. Account Responsibilities

When you create an account, you agree to:

• Provide accurate and complete registration information
• Keep your API keys and account credentials secure and confidential
• Notify us promptly if you suspect unauthorised access to your account
• Be responsible for all activity that occurs under your account

You must not share API keys publicly or embed them in client-side code. You are responsible for any usage incurred through your API keys, whether authorised by you or not.

4. Pricing and Billing

Plans and Limits

The Service is offered in tiered plans (Free, Pro, and Business), each with specific message limits and features as described on our pricing page. We may update plan features and pricing with reasonable notice.

Overages

If you exceed your plan's monthly message limit, additional messages may be rejected until the next billing cycle or until you upgrade to a higher plan. We will not charge overage fees without prior notice and your consent.

Billing and Payment

Paid plans are billed monthly or annually in advance. All fees are quoted in US dollars and are non-refundable except as required by law. You are responsible for providing valid payment information and keeping it up to date.

Cancellation

You may cancel your paid plan at any time through your account settings. Cancellation takes effect at the end of your current billing period. Upon cancellation, your account will revert to the Free plan. No partial refunds are provided for unused portions of a billing period.

5. Intellectual Property

Our Property

The Service, including its software, design, documentation, and branding, is owned by Hitoric Ltd and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or brand assets.

Your Data

You retain ownership of all data you submit to the Service, including message metadata and configuration. We claim no intellectual property rights over your data. By using the Service, you grant us a limited licence to process your data solely for the purpose of providing the Service.

6. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not guarantee that the Service will be uninterrupted, error-free, or completely secure.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Service.
• Our total aggregate liability for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

Email tracking relies on recipient email clients loading images and following redirects. We do not guarantee that all opens or clicks will be detected, as this depends on factors outside our control (e.g. image blocking, privacy proxies).

7. Indemnification

You agree to indemnify and hold harmless Hitoric Ltd and its officers, directors, and employees from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law or third-party rights.

8. Termination

By You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, you will have 30 days to export your data via the API before it is permanently deleted.

By Us

We may suspend or terminate your account if you violate these Terms, if your account has been inactive for an extended period, or if we discontinue the Service. Where possible, we will provide reasonable notice before termination and allow you to export your data.

Effect of Termination

Upon termination, your right to access the Service ceases immediately (subject to the data export period). Sections that by their nature should survive termination will survive, including intellectual property, limitation of liability, indemnification, and governing law.

9. Modifications to Terms

We may modify these Terms from time to time. We will notify you of material changes by email or by posting a notice on the Service. Your continued use of the Service after the effective date of changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. General

• Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hitoric Ltd regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

12. Contact Us

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

Hitoric Ltd
Email: [email protected]