Matomo Cloud Terms of Service

v. 4.0
Release date: 11 March 2025
Effective from: 10 April 2025
These Terms of Service replace the earlier version published on this website.

Note: The following Terms of Service apply to Matomo Cloud services only and not to Matomo On-Premise which is hosted on your own servers. Matomo On-Premise use is governed by Matomo Marketplace Terms and Conditions and InnoCraft EULA.

1. Terms
2. Definitions
3. Account
4. API
5. Payment, Refunds, Upgrading and Downgrading Terms
6. Modifications to the Service and Fees
7. Cancellation and Termination
8. Customer Content Ownership, Copyright and Trademark
9. Privacy and Security of Customer Data
10. Warranty and Liability
11. General Conditions
12. Contact

1. Terms

  1. By using the Matomo Analytics Cloud (“Service”) provided by InnoCraft Limited, a New Zealand company (Reg. No. 6106769) (“InnoCraft”, “we,” “us”), you (“Customer”) agree to be bound by the following terms and conditions (“Terms”).
  2. These Terms, as amended from time to time, along with the Matomo Cloud Data Processing Agreement (DPA) and other terms referenced below, constitute a legally binding agreement that governs your use of the Service (“Agreement”).
  3. By accepting these Terms below or by using the Service in any manner, you agree that you have read and agree to be bound by the Agreement to the exclusion of all other terms.
  4. If you registered to use the Service on behalf of a legal entity, that entity is the Customer and you warrant and represent on behalf of the entity that (i) you have full authority to represent and bind the entity to this Agreement and (ii) that the Agreement binds the legal entity.
  5. If you do not agree to these Terms or have no authorisation to bind your organisation, do not use this Service.

2. Definitions

  1. “API” means Application Program Interface.
  2. “Customer Account” means Customer Matomo Cloud account that the Customer logs into to manage their Instance.
  3. “Customer App” means Customer application(s) in relation to which Service is provided.
  4. “Customer Content” means content or material posted, submitted, transmitted or uploaded to Matomo Cloud by Customer or User.
  5. “Customer Data” means Matomo Analytics data relating to a Customer Website or Customer App and includes End User Data.
  6. “Customer Website” means Customer website(s) in relation to which Service is provided.
  7. “End User” means user of Customer Website or App.
  8. “End User Data” means the subset of Customer Data that relates to End Users which may include personal data, depending on the Customer’s configuration of Customer Website or Customer App and Instance.
  9. “Force Majeure” means an event or circumstance beyond our control, including war (military or civil), terrorism, invasion, embargo, rebellion, revolution, insurrection, strikes, loss of mains power or network connectivity, epidemics, localised disease outbreak, governmental action, civil disorder, fire, flood, hurricane, typhoon, earthquake, lightning, draught, tidal waves, floods, cyber-attacks, denial of service attacks, virus or other malicious software attacks, operating system failure, or infections.
  10. “Hit” means any one of: a tracked page view, an event tracking, a download, an outlink, an onsite search or a content tracking request.
  11. “Instance” means Matomo Cloud hosted instance designated for the Customer.
  12. “Service Plan” means the service plan level selected by the Customer from available options listed at https://matomo.org/pricing/.
  13. “Service” or “Matomo Cloud Service” mean cloud-hosted Matomo Analytics services.
  14. “Subscription” means the Service Plan you purchased for the specified term.
  15. “User” means an individual authorised by the Customer to access the Instance on Customer’s behalf.
  16. “User Account” means a user account created within the Customer Account for the User.

3. Account

  1. Customer Account. To use the Service, you must first create a Customer Account. You agree to provide correct and accurate information required to complete the registration and to create the Customer Account, for example: legal full name, a valid email address, and any other information requested to complete the signup process.
  2. Login Security. You are responsible for maintaining the security of your Customer Account and login credentials. InnoCraft will not be liable for any loss or damage resulting from your failure to comply with this security obligation.
  3. Account Activity. You are responsible for all activity that occurs in your Customer Account and User Accounts and for Customer Content, even when Customer Content is posted by Users through User Accounts.
  4. Legal Use Compliance. You may not use and must ensure that Users do not use the Service for any illegal purpose or to violate any laws in your jurisdiction. It is your responsibility to seek legal advice to understand your legal and regulatory obligations under applicable laws.
  5. No Account Sharing. You must ensure that each Customer Account and User Account login is used only by one person, and that the sharing of a single login among multiple people does not occur.
  6. User Accounts. You may create separate User Accounts under your Customer Account according to your Service Plan. You must ensure that any User complies with these Terms to the extent they are applicable to the use of the Service and it is your responsibility to inform Users about these Terms.
  7. Access. You understand that InnoCraft may access your account, or information associated with your account (including information associated with your Customer Account and with each User Account you create), to provide support or maintenance, for security-related reasons, or any other business purpose.
  8. No Automated Use. The Service is designed for use by humans. You must not create or allow the creation of Customer Accounts or User Accounts registered by ‘bots’ or other automated methods.
  9. Excessive use: We reserve the right to temporarily disable your Customer Account if the usage in relation to your Customer Account significantly exceeds the average usage of other Service customers. We will reach out to the Customer Account administrator before taking any action, except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  10. Prohibited Use. You must not, and must ensure that Users do not:
    1. alter, modify, adapt or hack the Service;
    2. falsely associate any website with the Service or InnoCraft;
    3. reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without the express written permission of InnoCraft; or
    4. use the Service or access the Service, or attempt to do so, outside a valid Trial or Subscription.
  11. Removal. We may, but have no obligation to, remove any Customer Content, Customer Account or User Account that we determine in our sole discretion are unlawful or violate any party’s intellectual property rights, contractual rights, or these Terms.
  12. Conduct. You must not engage in and must ensure that no User engages in verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, InnoCraft employee or officer.
  13. Free Trials and Subscription. We may offer free trials of Matomo Cloud (“Trial”). If you choose not to subscribe to Matomo Cloud, your Customer Account and Customer Data collected in it will be deleted at the end of the Trial. If, during the Trial, you subscribe to the Service, the Customer Data collected during the Trial will remain in your Customer Account. When you subscribe to the Service and provide us with your billing information, you authorise us to charge the recurring Subscription fees based on your Service Plan plus applicable sales taxes. The Subscription will auto-renew until you cancel it as set out in clause 7. We reserve the right to terminate all Customer Accounts associated with misuse of the Trials (e.g., by initiation of Trials in excess of the permitted limits using different Customer Accounts).

4. API

  1. During your Subscription, you may access your Customer Data via the API. Any use of the API, including through a third-party product that accesses the Service, is governed by these Terms including the following specific terms:
    1. You are responsible for reviewing third-party products and creating any third-party accounts. We make no representations or warranties regarding the functionality, security, or availability of any third-party products.
    2. To the maximum extent permitted by law, you expressly understand and agree that InnoCraft is not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
    3. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your Account’s access to the API. If we determine that abuse or excessive usage of the API has occurred, we will make a reasonable attempt via email to warn the Account owner prior to suspension.

5. Payment, Refunds, Upgrading and Downgrading Terms

  1. Billing: We will bill you for your Subscription in advance, either automatically via credit card or PayPal, or we will send you an invoice for payment, depending on the Service Plan and your selected payment method.
  2. Usage of Hits: Hits purchased under a Service Plan must be used during the specified Subscription term, either within 1 month or 12 months, as applicable. Unused Hits are forfeited at the end of such term. For annual Subscriptions, Hits can be used anytime during the Subscription term with the total number of available Hits being 12 (twelve) times the number of Hits allowed in a month under the selected Service Plan.
  3. Overage Fees: If your use of Hits exceeds the number allowed in your Service Plan, during the Subscription term, InnoCraft will charge additional overage fees. These fees will be due at the beginning of the next Subscription term or at the end of your current Subscription (if it is not renewed) and are displayed in your Customer Account billing page. Overage fee pricing is also displayed on the pricing page at matomo.org/pricing.
  4. Plan Changes: Changes to your Service Plan level, upgrade or downgrade, will take effect at the next billing cycle, with the new rate being charged.
  5. Effects of Downgrading: Downgrading your Service may cause the loss of features or capacity of the Service provided to you. InnoCraft is not liable for such loss.
  6. Taxes: All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities in connection with our supply of the Service to you (including goods and services taxes or value added taxes, but excluding taxes levied on our own income). You are responsible for payment of all such taxes, levies or duties. Where required, InnoCraft will collect those taxes, levies or duties on behalf of the taxing authority and remit those taxes to taxing authorities.
  7. No Refunds: Except to the extent expressly contemplated by this Agreement, Fees paid to InnoCraft are non-refundable to the maximum extent permitted by law.
  8. Payment of invoices: All invoices must be paid within 30 days from the date of the invoice, unless the invoice states otherwise.
  9. Third-party Product Costs: In the event Customer utilises a third-party product as part of its use of the Service, such as the SMS notifications, Customer is responsible for paying any fees associated with the user of the third-party product.
  10. Order Processing: Our online order process is conducted by our reseller Paddle.com. Paddle.com is the Merchant of Record for most of our orders.

6. Modifications to the Service and Fees

  1. Service Changes: InnoCraft reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
  2. Notification of Significant Changes: Notwithstanding the above, we will notify the Customer of any planned permanent modifications to the Service that would significantly impact the scope of Service available to the Customer.
  3. Fee Adjustments: Service fees are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Matomo Cloud pricing page at https://matomo.org/pricing or through the Service platform itself. Service fee changes will take effect from the next billing cycle.
  4. Liability for Changes: To the maximum extent permitted by law, if we discontinue the Service under this clause 6(a) or if we materially reduce the scope of the Service available to you, your sole remedy against us will be to terminate your Subscription and seek a pro-rated refund of the fees already paid to us in connection with your Subscription in the billing cycle affected by the discontinuation or reduction. If we materially reduce the scope of Service available to you because we are required to do so by law, you will not be entitled to the refund.

7. Cancellation and Termination

  1. Termination By You: You can terminate your Subscription at any time, by cancelling your Customer Account. Sending an email to cancel your Customer Account will not be considered a valid cancellation. To cancel your Customer Account log into your Customer Account, select Administration icon and click on the Account link on Administration screen. The Account screen provides a cancellation link. You are solely responsible for properly canceling your Customer Account.
  2. Data Deletion: On the effective termination date, your Customer Account will no longer show your Customer Data. All your Customer Data will be deleted 30 days from the effective termination date (including if we terminate your Subscription). Any data export requests must be communicated to us before the expiry of the 30-day period. Residual account information may be retained in our backup and logs for up to 60 days after the effective termination date. Customer Data cannot be recovered once it has been permanently deleted.
  3. Effects: If you terminate the Service before the end of your current paid-up Subscription, the termination will take effect at the end of the current billing cycle, and you will not be charged again. However, there is no prorating of unused time in the last billing cycle except to the extent expressly contemplated by this Agreement.
  4. Termination by InnoCraft for cause: InnoCraft may suspend or terminate with immediate effect your Subscription or access to any Customer Account and any associated User Account and refuse any and all current or future use of the Service without prorating or refund if we reasonably consider that you are in breach of any of your material obligations under these Terms, including, without limitation, any of the obligations imposed on you and on users under clause 3. Such termination of your Subscription will result in the deactivation or deletion of your Customer Account or your access to your Customer Account, and the forfeiture and relinquishment of all Customer Content in your Account. InnoCraft reserves the right to refuse service to anyone for any reason at any time.
  5. Other termination by InnoCraft: Without limiting our rights under clause 6(a) and/or clause 7(d) above, we may terminate your Subscription for any reason by at least 10 days’ notice to you, specifying the effective termination. This date will be either (i) at the conclusion of the then-current billing cycle or (b) at the end of the notice period, if we believe the termination is justified, in which case you will be entitled to a pro-rated refund.

8. Customer Content Ownership, Copyright and Trademark

  1. You are solely responsible for any Customer Content. We claim no intellectual property rights over Customer Content.
  2. If you provide us with feedback, suggestions, and ideas about the Service (“Feedback”), you agree that we may use and incorporate the Feedback in any way, including in future enhancements and modifications to the Service, without payment or attribution to you.
  3. Unless otherwise expressly stated, we own all intellectual property rights to the Service, including, without limitation, rights in copyrighted works, trademarks, designs, inventions, the look and feel of the Service. All rights reserved. You may not duplicate, copy, distribute, make derivative works or reuse any portion of our intellectual property without express written permission from InnoCraft.
  4. “InnoCraft”, the InnoCraft logo, “Matomo”, the Matomo logo and any other product or service name or slogan displayed on the Service are trademarks of InnoCraft or its affiliates, and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of InnoCraft or the applicable trademark holder.
  5. You grant us permission to use your company name and logo for promotional purposes. You may withdraw your permission at any time by no fewer than 10 days’ notice by completing the withdrawal form available at https://matomo.org/withdraw-logo/.

9. Privacy and security of Customer Data

  1. When you use the Service to measure Customer App or Customer Website properties, InnoCraft will receive and process on your behalf information relating to End Users.
  2. You are responsible for ensuring that your collection of End User Data and your transfer of that End User Data to us for the purposes of us providing you with the Service complies with all privacy and data protection laws.
  3. You instruct us to process End User Data to provide you with the Service.
  4. Without limiting clause 9(b), InnoCraft’s processing of the End User Data is governed by the Matomo Cloud Data Processing Agreement (DPA), which forms an integral part of these Terms.
  5. Subject to clauses 9(b) and 9(c), each party agrees to (i) handle the other party’s data in accordance with all applicable laws; and (ii) implement privacy and security measures reasonably adequate to preserve the other party data’s confidentiality and security.
  6. You own all rights, title, and interest in or to your Customer Data (including End User Data). We obtain no rights from you to your Customer Data (including End User Data).
  7. You must not use, and must ensure that Users do not use, the Service to send to InnoCraft sensitive information where unauthorised disclosure could cause material, severe, or catastrophic harm or impact to InnoCraft, Customer, their respective personnel, any User, End User, any data subjects or third parties. Sensitive Information includes, but is not limited to:
    1. Passwords, authentication/authorisation credentials;
    2. Information under regulatory or contractual handling requirements (e.g., PCI, HIPAA, and state and federal data security laws) including, but not limited to:
      1. Credit card information including credit card numbers, CIV numbers (three-digit codes for Visa and MasterCard, four-digit code for American Express) and magnetic stripe information
      2. Social Security Numbers
      3. Driver’s License Numbers
      4. Passport Numbers
      5. Government Issued Identification Numbers
      6. Financial Account Information
      7. Health data
      8. Biometric data
      9. Personally identifiable information knowingly collected from children under the age of 13 or from online services directed toward children, and
      10. Real-time geolocation data which can identify an individual.
      11. Business secrets deemed highly confidential (e.g., highly confidential business strategies and communications, sensitive attorney-client privileged and confidential communications).
  8. We process personal data of Customers and Users in accordance with Matomo Cloud Privacy Policy available at https://matomo.org/matomo-cloud-privacy-policy/.
  9. You agree that InnoCraft may monitor the activity of any Customer or User account on the Service. Any such data shall be only used for the purpose of ensuring compliance with these Terms, security monitoring and providing and improving the Service.
  10. InnoCraft may also collect registration and other information about you through InnoCraft websites. We process information collected on InnoCraft websites in accordance with our Website Privacy Policy available at https://matomo.org/privacy-policy/.
  11. Neither our Website Privacy Policy nor the Matomo Cloud Privacy Policy describe information InnoCraft collects on Customer’s behalf from Customer App or Customer Website properties. It is Customer’s obligation to provide Customer’s own privacy policy or notice to Customer’s End Users.

10. Warranty and Liability

  1. Service Disclaimer: To the maximum extent permitted by law, the service is provided on an “as is” and “as available” basis. InnoCraft makes no representations and gives no warranties, guarantees or undertakings concerning its performance of the Service, except as expressly set out in this Agreement. All other warranties, express or implied, by statute or otherwise (including but not limited to the warranties of merchantability, fitness for a particular purpose, and satisfactory quality) are excluded from this Agreement to the maximum extent permitted by law.
  2. Excluded liability. You expressly understand and agree that to the maximum extent permitted by law, InnoCraft shall not be liable to you for (i) any indirect, incidental, special, consequential (even if InnoCraft has been advised of the possibility of such damages) or exemplary damages, or claim or damage of any kind or (ii) for any damages for loss of actual or anticipated profits, loss of revenue, loss of contract, wasted expenditure or anticipated savings, loss of opportunity, business interruption, loss of business information, loss of goodwill, loss of or damage to or corruption of data or other intangible losses (in each case whether direct or indirect); or (iii) any loss or damage arising from any failure of systems, hardware, software, communications equipment, networks or other equipment used by you to access the Service, arising out of or in connection with these Terms, the Agreement or the provision of the Service (whether arising from tort (including negligence), contract, equity, statute or otherwise).
  3. Liability cap. To the maximum extent permitted by law, InnoCraft’s total aggregate liability for any damages arising in relation to the Terms, Agreement or Service, regardless of whether such claims are based on contract, tort (including negligence), strict liability or warranty or any other legal theory, shall be limited to 100% of the fees paid to InnoCraft by the Customer in the twelve (12) months preceding the event giving rise to the liability.
  4. Other Party’s Liability: No party is liable to the extent the failure to perform its obligations under the Agreement or otherwise, is directly caused by other party’s non-compliance with its obligations, or negligence or misconduct of the other party or its personnel.
  5. Limitation. To the maximum extent permitted by law, no claim against InnoCraft may be filed after 12 (twelve) months from the date of the act or omission on which the claim is based.
  6. Force Majeure. We are not liable for any failure or delay in performing our obligations under these Terms to the extent such failure or delay is cause by a Force Majeure event. We will notify you as soon as reasonably possible of any such event and we will use reasonable endeavours to avoid or remove the cause.

11. General Conditions

  1. Technical support: Technical support is provided by email to paying Customers on a reasonable effort basis, without a guaranteed response time.
  2. Third-party vendors: InnoCraft uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  3. Data transmission: You understand that the technical processing and transmission of the Service, including your Customer Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  4. Governing law: This Agreement shall be governed by the laws of New Zealand, and to the maximum extent permitted by law the courts of New Zealand shall have exclusive jurisdiction to hear and determine all issues that may arise under or in relation to this Agreement and/or in connection with your use of the Service.
  5. Waiver: Failure of InnoCraft to exercise or enforce any right or provision of the Terms does not constitute a waiver. A valid waiver must be in writing and signed by an authorised representative of InnoCraft.
  6. Entire agreement: These Terms and any documents incorporated into these Terms by reference constitute the entire agreement between you and InnoCraft and govern your use of the Service, superseding any prior agreements between you and InnoCraft, including, but not limited to, any prior versions of the Terms.
  7. Update: We may amend these Terms by giving you 30 days’ notice or without notice, if: (a) an immediate amendment is required for reasons outside of our control or (b) the amendment is minor or relates to new features, augmented or enhanced Services. We will notify you by email or on our website of any material changes to the Terms. If acting reasonably it can be determined that the change is materially detrimental to you, you may terminate your Subscription and receive a pro-rated refund. You must exercise the right to terminate within 10 days of being notified of the amendment.

12. Contact Us

This is how you can contact us: