IV Metrics Logo IV METRICS

IV Metrics Terms of Service


Last Updated 2025-05-10

Introduction

Welcome to IVMetrics ("we", "us", or "our"). These Terms of Service ("Terms") govern your use of the IVMetrics software development kit (SDK), related services, and platform (collectively, the "Services"). By integrating, accessing, or using our Services, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use our Services.

Eligibility

The Services are intended for business use only. By accessing or using the Services, you represent and warrant that you are authorized to bind the entity you represent to these Terms and that such entity is a validly existing business entity in good standing.

Access to the Services requires either a valid paid subscription or qualification for our free tier. Our free tier is intended only for businesses with an annual gross revenue of less than £100,000 (or equivalent in local currency). By using the free tier, you represent and warrant that your business meets this revenue requirement.

We reserve the right to verify your eligibility for the free tier at any time and to suspend or terminate your access if you exceed the eligibility criteria. If you do not meet the free tier requirements, you must obtain a paid subscription to continue using the Services.

We reserve the right to refuse access to the Services to any individual or entity at our sole discretion.

Services

IVMetrics provides a suite of services designed to help businesses capture, analyze, and manage data from your applications and games. Our Services may include, without limitation, session recording, telemetry capture, log management, issue tracking, quality assurance tools, analytics, and related data processing and reporting functionalities.

We reserve the right to modify, expand, suspend, or discontinue all or any part of the Services at any time, without notice, for any reason.

User Restrictions

You agree that you will not:
  • Use the Services for any illegal, unauthorized, or abusive purpose.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, or algorithms of the Services.
  • Interfere with or disrupt the integrity or performance of the Services.
  • Attempt to access data not intended for you or your business.
  • Misuse the Services to collect personal data without proper legal compliance and consent where applicable.
We reserve the right to suspend or terminate your access to the Services immediately if you breach these restrictions.

Data

You are responsible for ensuring that your collection and use of data via the Services comply with all applicable laws and regulations, including obtaining necessary consents from end-users.

We process data in accordance with our Privacy Policy [Insert link to Privacy Policy], which forms part of these Terms.

Fees and Payment

Access to the Services requires enrollment in a subscription plan, the details of which, including applicable fees, are set forth on our website or as otherwise communicated to you.

You agree to pay all fees associated with your selected subscription plan in accordance with the billing terms presented to you at the time of purchase. All fees are non-refundable unless otherwise specified.

We may change the fees for any subscription plan at any time. If we do, we will provide you with at least thirty (30) calendar days' advance notice by email or through the Services before the new fees take effect. Continued use of the Services after the effective date of a fee change constitutes your acceptance of the new fees.

Failure to pay applicable fees when due may result in suspension or termination of your access to the Services.

All fees are exclusive of taxes, duties, and similar assessments. You are responsible for all such charges imposed by any governmental authority.

Intellectual Property

We retain all rights, title, and interest in and to the Services, including all related intellectual property rights. These Terms do not grant you any ownership rights in our Services.

Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Services will be uninterrupted, error-free, or secure.

Publicity

Unless otherwise agreed in writing, you grant IVMetrics the right to identify you as a customer and to use your name, logo, and trademarks in our marketing materials, websites, presentations, and other promotional efforts to indicate that you are a user of the Services.

If you wish to revoke this permission at any time, you may do so by providing written notice to IVMetrics, and we will make reasonable efforts to remove your name, logo, and trademarks from future materials.

User Content and License

By uploading, transmitting, or otherwise providing any data, video files, images, or other content ("User Content") to the Services, you grant IVMetrics a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, process, transmit, display, and distribute such User Content solely for the purpose of providing and improving the Services.

You represent and warrant that you have all necessary rights, permissions, and consents to grant this license and that the User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, or other rights.

IVMetrics does not claim ownership of your User Content. Nothing in these Terms shall be construed as granting us ownership rights in your User Content.

Limitation of Liability

Disclaimer of Damages
To the fullest extent permitted by law, we shall not be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, or other intangible losses, even if we have been advised of the possibility of such damages.

SDK Performance
You acknowledge and agree that use of our Services, including integration of our SDK into your applications, is at your sole risk.
We are not responsible for any crashes, slowdowns, performance degradation, incompatibility, loss of data, application failures, or other adverse effects caused directly or indirectly by the integration or operation of our SDK within your applications.

Cap on Liability
Our total liability for all claims arising out of or relating to these Terms or the Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount you have paid to us for use of the Services in the twelve (12) months preceding the claim.

Indemnification
You agree to indemnify, defend, and hold harmless IVMetrics, its directors, officers, employees, contractors, affiliates, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
  • (a) your use of the Services,
  • (b) your violation of these Terms,
  • (c) your violation of any third-party rights, including intellectual property or data privacy rights, or
  • (d) any dispute between you and your end-users or any third party arising from your use of our Services.

Changes of Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (e.g., by email or posting an updated version on our website).

Your continued use of the Services after changes become effective constitutes your acceptance of the new Terms.

Termination

We may suspend or terminate your access to the Services at any time, without liability, for any reason, including for violation of these Terms.

Upon termination, you must immediately cease all use of the Services and delete all copies of the SDK.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration under the rules of the London Court of International Arbitration (LCIA), which are deemed to be incorporated by reference into this clause. The arbitration shall be conducted in London, United Kingdom, in English, before a single arbitrator. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

You and IVMetrics each waive the right to a trial by jury or to participate in a class action or representative proceeding related to any dispute arising under these Terms.

Notwithstanding the foregoing, IVMetrics may seek injunctive or other equitable relief to protect its intellectual property rights or confidential information at any time in any court of competent jurisdiction.

Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Contact

For any questions about these terms, please contact us at:

IV Metrics
Email: [email protected]