Matomo Connector EULA

The Matomo Connector Software (the “Matomo Connector” or “Software”) is provided by InnoCraft Limited (NZBN 6106769) (“we”, “us”, “InnoCraft”) to enable you to connect and transfer your Matomo Cloud or your Matomo On-Premise account data into Google Looker Studio.

This Matomo Connector End User Licence Agreement (the “EULA“) is between you and InnoCraft. If you are agreeing to this EULA not as an individual but on behalf of your company, then “Customer” or “you” means your company, and you are binding your company to this EULA. InnoCraft may modify this EULA from time to time, subject to the terms in clause 12 below.

By activating and using the Connector, you agree to be bound by this EULA.

1. Definitions. In this EULA the following terms have meanings defined below.
   a. Data means website visitor analytics data stored in your Matomo Account.
   b. Looker Studio means Google Looker Studio.
   c. Matomo Account means your active Matomo Cloud account or your Matomo On-Premise account.
   d. Matomo Auth Token means your confidential token used to connect Looker Studio to your Matomo account via the API.
   e. Transfer means transfer of Data from Matomo Account to Looker Studio using Matomo Connector.

2. Login. The Matomo Connector uses your Matomo instance URL and your Matomo Auth Token to authenticate you. You must maintain the security and confidentiality of your Matomo Auth Token and ensure that it is not shared with or accessed by any other person. We are not liable for any loss or damages caused by your failure to maintain confidentiality of the Matomo Auth Token.

3. Privacy. If you are a Matomo On-Premise user we process your personal data in accordance with matomo.org/privacy-policy/. If you are a Matomo Cloud user we process your personal data in accordance with matomo.org/matomo-cloud-privacy-policy/. If you activate the Matomo Connector, the Connector will deliver the Data to Google Looker Studio. This will create a new data source in Looker Studio. Please note that once Transfer occurs, InnoCraft no longer controls where and how the data is stored in Looker Studio. When you authorise the data transfer, the data will be transferred to Google and subject to terms and privacy policies set by Google. By enabling the Matomo Connector you instruct us to transfer the data to Google Looker Studio. Before transferring your and your visitors’ data into Looker Studio, make sure you understand the data you are transferring and consider privacy implications of the Transfer.

4. Third party connectors. If you decide to transfer the data from your Matomo account to the Google Looker Studio, please make sure that you use the official Matomo Connector to avoid sharing the Data or Matomo Auth Token with any third party developers offering non-official Looker Studio connectors for Matomo.

5. Licence. Subject to your compliance with the terms and conditions set out in this EULA, InnoCraft grants you a free, limited, worldwide, revocable, non-exclusive, non-transferable and non-sublicensable licence to install and use the Matomo Connector only on systems owned or controlled by you, for the duration of your subscription to Matomo Cloud or Matomo On-Premise services, to enable the data transfer to Google Looker Studio.

6. Permitted use. You may use the Matomo Connector solely for the purpose of transferring data from your Matomo Account to Looker Studio.

7. Conditions of licence. You must not:
   a. reverse engineer or disassemble or re-distribute the Software in whole or in part, or create any derivative works from or sublicense any rights in the Software, unless otherwise expressly authorised by InnoCraft in writing;
   b. transfer, assign, sell, convey, distribute, market, make available, licence, sublicense, or in any way give access to third parties to the Software;
   c. copy the Software or any part of it, accept as expressly authorised by InnoCraft in writing;
   d. remove, change or obscure any proprietary rights’ notices incorporated in or accompanying any element of the Software;
   e. input any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines, into the Software; or
   f. use the Software for any purpose other than the permitted use, including without limitation, use it for any harmful, unlawful, illegal, or abusive way or in any way that violates any rights of any person.

8. Intellectual Property Rights. The Software is protected by copyright and other intellectual property laws and treaties. InnoCraft owns all title, copyright and other intellectual property rights in the Software, and the Software is licensed to you directly by InnoCraft, not sold.

9. Termination of licence. If you breach this EULA, we reserve the right to terminate the licence granted to you in clause 5 with immediate effect.

10. Warranty disclaimer. The Software is provided free of charge, on “as is”, “with all faults” and “as available” basis, without any warranty of any kind and without any support or maintenance obligations. We make no representation concerning the quality of the Software and do not promise that the Software will be error-free, bug-free, or will operate without interruption. To the maximum extent permitted by law, InnoCraft hereby disclaims and excludes all representations and warranties, whether express or implied, statutory, or otherwise, written or unwritten, with respect to the Software or any part thereof, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, or any warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

11. Limitation of liability. To the fullest extent permitted by law, InnoCraft and its personnel shall not be liable or responsible in any way for any losses or damage of any kind, arising from or related to your use of, reliance on, or inability to use the Software, including (a) lost profits, cost of substitute services, wasted expenditure, anticipated savings, loss of data, loss of goodwill, business interruption, computer failure or malfunction or (b) direct, indirect, incidental, consequential, exemplary, special or punitive damages. We expressly disclaim any liability for the following risks: operating system failures, interactions between your device and the Software, viruses, malware or other malicious software on your device or communication delays. The foregoing limitations apply whether such damages arise out of breach of contract, tort (including negligence), breach of statutory duty, strict liability or otherwise, and regardless of whether such damages were foreseeable or InnoCraft were advised of the possibility of such damages.

12. You Indemnify Us. You indemnify, defend and hold us harmless against any liability, claim, proceeding, cost, expense (including legal fees) and loss of any kind that we may incur as a result of or arising from a breach of this EULA or a misuse of the Software by you or anyone else using your Matomo Account or Matomo Auth Token.

13. Software Updates. Nothing in this EULA shall require InnoCraft to provide you with support or fixes to any bug, failure, mis-performance or other defect in the Software. We may from time to time issue updates to the Software, in our sole discretion, to provide patches, bug fixes or improved features. Any new releases of the Matomo Connector will be automatically installed. If you have any questions, require support or want to raise any issues in relation to the Matomo Connector, you can do so by emailing support-lookerstudio@matomo.org or by posting in the Forum at forum.matomo.org/c/looker-studio/25.

14. Amendments. We may update or modify this EULA from time to time and we will post a new copy of the EULA available on our Matomo Connector website. For existing Software users, the changes will become effective immediately after the posting of the updated version.

15. Severability. If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the EULA and the remaining provisions shall remain in full force and effect. The severed provision shall be replaced by InnoCraft with a legally valid provision that most closely matches the intent of the original provision.

16. Governing law. This EULA is governed by the laws of New Zealand, and, subject to the following sentence, the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New Zealand. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this EULA.