Terms of service

These terms are an agreement between Edward William Francis Morris (ABN 12 483 583 778) of Melbourne, Victoria, Australia, who operates OnProd (“OnProd”, “we”, “us”), and the business or person that creates an OnProd workspace (“you”). They apply from the moment you create an account or use OnProd. If you accept them for an organisation, you confirm that you are allowed to bind it.

Our data processing agreement (DPA) and the plan details on our pricing page form part of these terms. Our privacy policy explains how we handle personal information about you.

1. The service

OnProd records visits to the websites you add, through a script you install: events, errors and session replay. It groups the problems visitors run into into issues, shows analytics and, unless you turn them off, writes AI Insights. We run it on Amazon Web Services in Sydney, Australia.

We improve OnProd over time. If we remove or materially reduce a feature you pay for, we’ll tell you at least [30] days before. If that is a problem for you, you may cancel and we’ll refund any prepaid, unused part of your plan.

2. Accounts

• You must be 18 or older and give accurate details, including an e-mail address you can receive mail at.
• Keep your password and second factor safe. We recommend two-factor authentication. You are responsible for what happens under your account and in your workspaces. Tell us at [email protected] straight away if you think someone else has access.
• Workspace owners decide who has access and with which role, and can remove members. A workspace always has at least one owner.

3. Free trial

The first workspace you create gets the Growth plan free for 14 days, with no card needed. Before the trial ends, an owner chooses a plan. If no plan is chosen, the dashboard pauses until one is. Your sites can keep sending data in the meantime [and we keep it for [30] days after the trial ends before deleting it]. To stop data being sent, remove the OnProd script from your sites. One free trial per customer.

4. Plans and payment

• Prices are on our pricing page, in Australian dollars. We are not registered for GST, so we don’t charge GST, whether you are in Australia or not.
• Starter and Growth are paid by card through Stripe, monthly or yearly in advance, and renew automatically for the same period until cancelled. A year costs the same as 10 months.
• Scale and Agency are arranged with us. The order or quote we agree sets their price and payment terms; these terms cover everything else.
• We may change prices with at least [30] days’ notice. A new price applies from your first renewal after the notice period, so a yearly plan keeps its price until it renews.
• If a payment fails, Stripe retries it and we tell the workspace owners. If it is still unpaid [14] days later, we may pause the dashboard until it is paid. Your sites’ data keeps arriving while it is paused.

5. Plan limits

Each plan sets how many sessions a month, AI Insights a month, sites and seats you get.

• Sessions: a session is one visit to one of your sites, and sessions we score as bots or likely bots don’t count. We never stop recording, and never charge for extra sessions automatically, when you pass your plan’s sessions. Owners are told at 80% and 100%. If you are over for [two months in a row], we’ll ask you to move to a plan that fits; if you’d rather not, either of us may end the subscription at the end of the current period.
• AI Insights: each time the AI reviews an issue or change, it uses one AI Insight, whatever it finds. That includes a later look, for example when an issue doubles or comes back, and a retry after the AI provider fails. First looks at new issues use at most half of the month’s AI Insights. Once the month’s AI Insights are used, new ones wait until your next billing period.
• Sites and seats: you can’t add more sites or people (including invitations not yet accepted) than your plan allows. Remove some, or change plans.

6. Cancelling and refunds

A workspace owner can cancel at any time in Settings → Billing, which opens Stripe’s billing portal. Cancelling stops the renewal, and your plan runs to the end of the period you have paid for. A change to another plan takes effect [immediately, with the difference charged or credited for the rest of the period / at the next renewal: confirm against the billing portal settings].

We don’t refund part periods, except where these terms say so or the law requires it.

7. Your data

“Customer Data” means the data your sites send to OnProd and what you put into your workspace. It belongs to you. You give us the rights we need to host it, process it and show it to you in order to provide OnProd, and no other rights.

• We process personal information in Customer Data as your processor, under our DPA.
• We never sell Customer Data, use it for advertising, or use it to train AI models.
• We look at Customer Data only when it is needed to support you (with your permission), to keep the service secure, or when the law requires it.
• We may use aggregate figures about how OnProd is used, such as how many sessions a plan records, which don’t identify you, your sites’ visitors or their content, to run and improve OnProd.

8. Your responsibilities for the sites you record

You decide how OnProd is used on your sites, and you are responsible for that. In particular, you must:

• tell your sites’ visitors about OnProd in your privacy policy and have a lawful basis for recording them, including consent where the law requires it (for example, for storing data in the browser under EU and UK rules);
• keep input masking on and use OnProd’s masking (data-at-mask, data-at-block or maskAllText) so that personal and confidential page text is not recorded. Masking happens in the browser, and nothing can be masked after it has been recorded;
• not record sensitive information, such as health information, payment card numbers, government identifiers or passwords, and block the pages or elements that show it;
• add only sites you own or are authorised to measure;
• choose the visitor privacy setting that suits your visitors, call grantConsent() only after a visitor has consented, and answer your visitors’ privacy requests. OnProd gives you tools to export a signed-in user’s data, to delete the data of a signed-in user or of one browser, and to set how long data is kept.

Unless you turn AI Insights off for a site, you instruct us to send evidence about its issues to the site’s AI provider, and that evidence can include page text you haven’t masked (see our privacy policy).

9. Acceptable use

You must not use OnProd to:

• break the law or anyone’s rights, including privacy, surveillance and spam laws;
• record websites directed at children [under 16, confirm the age];
• re-identify people from data meant to be de-identified, or build profiles of individuals for advertising;
• probe, scan or test OnProd’s security, or try to reach data that isn’t yours, except as our vulnerability disclosure policy allows;
• overload the service, send data that doesn’t come from real use of your sites (beyond reasonable testing), or get around plan limits or rate limits;
• resell OnProd, except that Agency customers may run it for their clients’ sites;
• copy or reverse engineer OnProd, except as the law or an open-source licence allows.

10. AI Insights

AI Insights are written by an AI model from the evidence OnProd gathers. They can be wrong or incomplete. Every Insight shows its evidence and the replay moments it relies on: check them before you act on it. Decisions you make based on an Insight are yours.

AI Insights are on for each site you add unless you turn them off in its settings. While they are on, the evidence sent to the AI provider includes page text your site didn’t mask, so masking sensitive content on your site (as the privacy policy, section 8, explains) is your responsibility.

11. Availability and support

We work to keep OnProd available and your data backed up, but Starter and Growth come with no service level agreement, and we don’t promise that OnProd will be uninterrupted or free of errors. We may pause the service briefly for maintenance, and try to do it at quiet times. Support is by e-mail at [email protected] [and we aim to reply within [one business day]].

12. Security

We protect Customer Data with the measures on our security page and in the DPA. If we become aware of a security incident affecting your data, we’ll tell you without undue delay.

13. Suspension and termination

• You can close your workspace or your account at any time in the dashboard. Cancel a subscription that would renew first.
• We may suspend access, with notice where we reasonably can, if a payment is overdue, if your use breaches these terms or the law, or to protect the service, other customers or anyone’s data.
• Either of us may end these terms if the other seriously breaches them and doesn’t fix the breach within [14] days of being told. We may also end them for any reason with [60] days’ notice, and then refund any prepaid, unused part of your plan.
• When your workspace is closed or your subscription ends, access to the dashboard ends. Export what you need beforehand, with the read API or the per-user export. When you close a workspace, we erase its Customer Data 7 days later, except the names of the workspace and its sites, its billing record and its audit log, whose entries are kept for 365 days. Copies stay in our backups until they expire: each nightly backup is kept for 30 days, then removed for good 7 days later. [When a subscription ends and the workspace stays open, we delete its Customer Data within [30] days.] We keep data longer only where the law requires it.

14. Intellectual property and feedback

We own OnProd, its software and its brand, apart from open-source components, which are covered by their own licences. [Confirm: the OnProd SDK and server are published under the GNU Affero General Public License v3.0, which governs your rights in that code.] If you send us suggestions or feedback, we may use them without any obligation to you.

15. Confidentiality

Each of us will keep the other’s non-public information confidential, use it only for the purposes of these terms, and share it only with people who need it and are bound to keep it confidential, unless the law requires otherwise.

16. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where we are allowed to limit our liability for failing to meet such a guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again. Subject to those rights, OnProd is provided as it is, without other warranties.

17. Limitation of liability

To the extent the law allows:

• neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue or goodwill;
• each party’s total liability under these terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim [confirm the cap, and whether a higher cap applies to data protection and confidentiality].

These limits don’t apply to your obligation to pay, to breaches of sections 8 and 9, or to liability that the law does not allow to be limited.

18. Indemnity

You indemnify us against claims by third parties, including your sites’ visitors and regulators, to the extent they arise from your breach of section 8 or 9 [scope to be reviewed].

19. Changes to these terms

We may change these terms. For changes that matter, we’ll e-mail workspace owners and post the new version here at least [30] days before it takes effect. If you don’t agree to the change, you can cancel before then, and we’ll refund any prepaid, unused part of your plan. The version and date of these terms are at the top of this page; your account records the version you accepted.

20. General

• These terms are governed by the law of Victoria, Australia, and the courts of that state have non-exclusive jurisdiction.
• We send notices by e-mail to workspace owners. Send yours to [email protected].
• Neither of us is liable for a delay or failure caused by events beyond our reasonable control.
• You may not transfer these terms without our consent. We may transfer them to whoever takes over our business, after telling you.
• If part of these terms can’t be enforced, the rest still applies. Not enforcing a right now doesn’t waive it.
• These terms, the DPA and any order for Scale or Agency are the whole agreement between us about OnProd. If they conflict, the order applies first, then the DPA for personal information, then these terms.

Questions about these terms: [email protected].