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Table of Contents

TERMS OF SERVICE - RUMvision B.V.

Version 3.1, published - 10 September 2026

These Terms of Service replace and supersede all previous versions, including our Terms & Conditions from 2025. For existing customers with custom agreements in place, these new terms will apply upon your next contract renewal.

These Terms of Service govern your use of RUMvision's Real User Monitoring (RUM) platform and related services. By using our services, you agree to be bound by these terms.

Our service helps you monitor, analyze, and optimize your website's performance through real user data collection and insights. We provide comprehensive performance monitoring tools, detailed analytics dashboards, and actionable insights to improve your website's user experience.

Depending on your subscription and the features you enable, the Service may also include AI-supported analyses and recommendations, optional Business Metrics, JavaScript error monitoring and access through our MCP server.

Definitions & Scope

A.1. Definitions

Below we explain what certain words mean in these terms of service (ToS):

  • Terms of Service (ToS): These conditions.
  • Service: Our SaaS platform for Real User Monitoring, technical diagnostics, related analytics services and any additional functionality included in your Subscription.
  • Client (you): The person or company with whom we enter into an agreement. This also applies to representatives and heirs.
  • Contractor (we): RUMvision B.V.
  • Agreement: The agreements we make with you and record in writing, including these Terms and, where applicable, the Data Processing Agreement.
  • Data Processing Agreement (DPA): Our standard data processing agreement that applies where RUMvision processes personal data on your behalf as processor. The DPA forms part of the Agreement in those circumstances.
  • Subscription: Your paid plan for accessing our RUM platform and services, including specific limits for domains, pageviews and sampling settings.
  • Domain: A unique website domain name. For example, example.com, shop.example.com and example.org are counted as separate domains, while subpaths such as example.com/us and example.com/uk count as one domain.
  • Pageview: Each time our tracking code measures when a page first starts loading (Time To First Byte, TTFB). Each unique time a user opens a page counts as one pageview. It does not matter how long the user stays on the page or how often they return to that same page in a session.
  • Sampling: The percentage of visitors for whom we collect RUM Data. For example, 100% means all eligible visitors and 50% means approximately half. Available sampling rates depend on your Subscription.
  • Pro-rata billing: Proportional billing based on actual usage within our billing cycle. We bill on the 1st of each month for the entire upcoming month. For example, if you start on the 15th, you pay pro-rata for the remaining days of that month, followed by the full monthly amount from the 1st of subsequent months.
  • Snippet: The JavaScript tracking code that you place on a website to provide the Service.
  • RUM Data: Technical and related analytics data processed in connection with Real User Monitoring. Depending on the functionality you enable, this may include website performance and timing measurements, timestamps, page and URL path information, navigation and limited engagement context, random measurement and visit identifiers, relevant browser, device and network information, configured events or goals, JavaScript and browser error information, responsiveness diagnostics, sparse interaction-health information and customer-configured dimensions. RUM Data may also include a Browser Identifier as described below.
  • Browser Identifier: A randomly generated first-party technical identifier used to distinguish a browser and associate relevant RUM measurements over a limited period. It does not contain a name, email address, customer account identifier or other direct identifier, is not derived from browser fingerprinting and is not intended to recognise a browser across unrelated websites. Where persistent Browser Identifiers are used, their maximum lifetime is 90 days, after which they are removed or rotated.
  • API: Application Programming Interface, our system that allows programmatic access to your data.
  • AI Feature: An optional feature that uses artificial intelligence to generate analyses, insights, recommendations or other output.
  • AI Model: An artificial intelligence or machine-learning model used to provide an AI Feature.
  • AI Provider: A third party whose AI Model, platform or related service we use to provide an AI Feature.
  • MCP: Model Context Protocol, an integration that allows you to access or make RUMvision data available through compatible external systems, including AI or large language model (LLM) services you select or configure.
  • Business Metrics: Optional metrics configured by you to analyse how website performance relates to relevant website actions and outcomes, such as configured events, goal eligibility, goal completion and supported quantitative conversion characteristics. Business Metrics are not intended to contain names, email addresses, account identifiers, order identifiers, product-level basket contents or arbitrary free-form transaction data.
  • Trial Period: A free evaluation period whose duration and conditions are shown during sign-up or in your order.
  • Agency arrangement: When you use our Service to monitor websites for your clients, subject to separate agency agreements.
  • Force majeure: A situation in which someone cannot fulfil their obligations without their own fault, for example due to a natural disaster.
  • Personal data: Any information relating to an identified or identifiable natural person, as defined by the GDPR.
  • In writing: This also means communication via email, our Platform or another digital method, if it is clear who sends the message.
  • Platform: Our online SaaS application accessible at insights.rumvision.com where you access your data, manage settings and configure monitoring.
  • Website: RUMvision.com, our main marketing and information website.

A.2. When do these terms of service apply?

  1. These terms apply whenever we agree or do something together, for example quotes, subscriptions, make use of our free software and agreements.
  2. We always reject your own terms in writing. We clearly state that only our terms apply.
  3. If a provision from these terms proves to be invalid, all other provisions remain valid. We then discuss together how to adjust that provision so that it remains valid and clear.
  4. If there is a difference between different documents, this order of importance applies:
  • the applicable Data Processing Agreement
  • our agreement (including annexes)
  • these terms of service
  • any additional terms
  1. We can also make deviating agreements together. We then do this in writing.
  2. We may always adjust these terms of service. You can find the latest version on our website.

A.3. Enterprise subscriptions and custom terms

  1. These standard terms of service apply to all RUMvision subscriptions and services, except for Enterprise subscriptions where custom terms have been negotiated and agreed upon in writing.
  2. Custom terms and conditions are only available for Enterprise subscriptions and require our Professional Services package, which may include:
  • Contract negotiation & customization
  • Security questionnaire completion
  • Legal consultation & negotiation of custom DPA terms
  • Dedicated technical onboarding
  1. To discuss custom terms, contact our sales team for an initial consultation. We will conduct an inventory discussion to understand your specific requirements and provide a customized quote based on the scope of changes needed. You can then decide whether to proceed with the proposed terms and pricing.
  2. For all other subscription tiers (non-Enterprise), these standard terms of service apply without exception, with exception to those made before these ToS were changed.

A.4. Quotes and offers

  1. Our quotes and offers are non-binding. This means that we can always withdraw them, even if there is a certain term stated.
  2. Quotes are valid for 30 days by default, unless we agree otherwise.
  3. Errors such as typos and obvious mistakes are not binding for us.
  4. If you agree to a quote, but you change certain conditions, we do not have to accept your amended proposal. An agreement is only created when we agree to your changes.
  5. A quote only applies to that one specific proposal. A new quote applies to follow-up orders.

A.5. Formation of agreement

  1. An agreement is created as soon as you accept our quote in writing (also via email or electronically).
  2. Sometimes we also accept verbal agreements as an agreement. We then always confirm the agreements between us in writing.
  3. The agreement is also created at the moment we receive your order confirmation or when we start execution.
  4. Where RUMvision processes personal data on your behalf as processor, the then-current standard Data Processing Agreement forms part of the Agreement automatically. No separate signature of the standard DPA is required. If we expressly agree custom DPA terms with you in writing, those custom terms apply instead to the extent agreed.

A.6. Duration of the agreement

  1. For our monitoring service subscriptions, we conclude monthly or yearly subscriptions which automatically renew per selected period until you cancel.
  2. For Enterprise and Agency we only accept annual subscriptions.

Financial Terms

A.7. Prices

  1. All prices we mention are exclusive of VAT and exclusive of any additional costs such as shipping costs, travel costs and accommodation costs. If these costs do apply, we will clearly let you know in advance, unless we have already made other agreements about this.
  2. If there is a clear typo or calculation error in the prices of our quotes, we are not bound by it.
  3. We may change our subscription models and prices as we see fit. For monthly subscriptions this might mean you face changes in pricing. We will inform you of these changes with a minimum of 30 days in advance, and it's up to you to cancel or accept the new price.
  4. We may adjust our rates every year on January 1 based on the CPI index figure for November of the previous year.
  5. Our rates may also change due to changes in legislation. Think of changes in the level of VAT.

A.8. Payment methods and timing

  1. You pay our invoices via bank transfer or via the payment options provided by our payment provider Stripe (creditcard, SEPA direct debit, and other methods may be available upon request).
  2. Billing cycle: We bill and charge creditcards on the 1st of each month for the entire upcoming month
  3. SEPA billing: For SEPA direct debit payments processed through Stripe, you will receive advance notification of upcoming payments approximately 1-2 business days prior to the payment being processed. By accepting these Terms of Service, you consent to receiving these advance payment notifications and authorize the processing of direct debit payments following such notifications.
  4. Pro-rata billing: If you start your subscription mid-month, your first invoice will be pro-rated from your start date until the end of that month. Starting the next month, you'll be billed the full monthly amount on the 1st of each month.
  5. With direct debit (SEPA) you authorize us to debit the subscription amount on the 1st of each month. You receive an invoice on the same day as the collection date.
  6. For bank transfer payments, you have 14 days to pay your invoices.
  7. Additional one-time services such as training or consultancy are charged in separate invoices.

A.9. Subscription terms

  1. For yearly subscriptions, you get a discount as stated in our price list or quote. Annual payments are always made in advance for the entire year.
  2. All subscriptions automatically renew for the same period (month or year) unless you cancel according to the procedures in article A.12.
  3. Upgrades: You can upgrade your subscription during the term. We will charge you pro-rata for the remaining period at the higher subscription rate.
  4. Downgrades: Downgrading is only possible from the next renewal period. The downgrade will be reflected in your next renewal invoice.
  5. With our autoscaling function, extra pageviews are automatically invoiced separately after consumption according to pre-agreed rates.

A.10. Payment disputes and defaults

  1. If you disagree with an invoice, you must still pay it first. Making an objection does not mean that you may postpone payment.
  2. You may not offset amounts you owe us against amounts you think you are still owed by us.
  3. You always pay on time, within the agreed payment term, even if you make a chargeback via your bank or credit card. In that case we charge at least €25 administration costs per chargeback.
  4. If you do not pay an invoice within the agreed term, you are automatically in default. This means that from that moment you must pay statutory commercial interest on the outstanding amount. This continues until you have paid the full amount.
  5. We first use your payment to pay outstanding costs and interest. Then the payment goes to the oldest outstanding invoice, even if you mention that it concerns a different invoice.
  6. If you do not pay on time, we will first send you a payment reminder. If payment is still not received after this reminder, you owe collection costs. For this, a standard minimum of 15% of the outstanding amount applies, with a minimum of €40 per outstanding invoice. Any additional legal costs, attorney fees, court costs, and other collection expenses are for your account.
  7. If you fail to pay invoices on time, we may suspend data collection for your account and/or terminate your subscription without prior notice. This suspension or termination does not release you from your existing payment obligations, and we retain the right to pursue collection of all outstanding amounts.
  8. Are you declared bankrupt, placed under administration, or are your assets seized? Then all amounts you still owe us immediately become due and payable.

A.11. Free trials

  1. We may offer a free trial for a period stated during sign-up or in your order. A valid payment method is required to start the trial.
  2. Before you start the trial, we will clearly show the Trial Period, the Subscription that will apply after the trial, the applicable price and the date on which the first payment will be charged.
  3. Unless you cancel through the cancellation method stated during sign-up before the Trial Period ends, the trial will automatically convert into the selected paid Subscription, and we may charge the payment method you authorised.
  4. You can cancel at any time during the Trial Period to prevent conversion to a paid Subscription. Unless we state otherwise, each Client and Domain is eligible for one free trial.

A.12. Subscription cancellation

  1. Cancellation timing: All subscriptions can be cancelled with 15 days notice using the cancellation function in our platform.
  2. Pro-rata refunds: If you cancel with proper 15-day notice, you will not be charged for the following period. No refunds are provided for partial month usage of the current billing period.
  3. Yearly subscription notifications: For annual subscriptions, we will send you a courtesy notification 30 days before your renewal date to remind you of the upcoming renewal. You still have until 15 days before renewal to cancel if you choose to do so.
  4. Cancellation method: Cancellations are only accepted through the cancellation function in our platform. Email, phone, or other forms of cancellation are not accepted, except when we provide you with written confirmation that such alternative cancellation is accepted.
  5. When you cancel, we automatically stop future payments. You must also remove the tracking snippet from your website within two days to avoid unauthorized usage charges (see A.17 paragraph 2).

Service Delivery

A.13. General use of the SaaS service

  1. You use our Software-as-a-Service (SaaS) Service only for legitimate website performance monitoring, reliability monitoring, technical diagnostics, responsiveness analysis, website-quality analysis and related analytics purposes made available through the Service.
  2. You access our Service through our Platform at insights.rumvision.com using your account credentials.
  3. You stick to the limits we agreed together, such as the maximum number of domains, pageviews and sampling rates.
  4. You may not share the SaaS Service with others without our written permission.
  5. You may only use our Service for websites or domains with which you have a direct relationship, meaning websites you own or for which you have explicit permission to monitor.
  6. You may not use our Service if you are a provider of a competing service, such as another tool for website analysis or Real User Monitoring.
  7. The Service is modular. Depending on your Subscription and configuration, functionality may include Business Metrics and conversion measurement, JavaScript and browser error monitoring, responsiveness diagnostics, interaction-health measurement, additional browser or device processing, AI Features and integrations such as MCP. Optional functionality is processed only according to the configuration applicable to the relevant property.
  8. Certain browser state may be used to provide RUM functionality. RUMvision may use temporary in-memory state, sessionStorage and, where enabled, limited first-party persistent browser storage. Persistent browser storage is enabled in the standard property configuration but can be disabled through the supported RUMvision configuration. Your responsibility for determining whether the relevant browser storage or access may be used in your deployment is described in articles A.23 and A.29.
  9. To provide and secure an AI Feature that you enable, we and our AI Providers may process the prompts, inputs, outputs and other data required for that feature in accordance with these Terms, our Privacy Policy and, where applicable, the Data Processing Agreement.
  10. We may change, combine, replace or discontinue AI Features and the AI Providers and AI Models used for them. We will not do so in a way that materially reduces the agreed functionality of a paid core service, its security or the protection of your data.
  11. Specific AI Providers and, where relevant, AI Models may be identified and updated in our current service provider and subprocessor information or product documentation. A change to an AI Provider or AI Model does not by itself require an amendment of these Terms. Where a change involves a new or replacement subprocessor, the applicable DPA and subprocessor-change procedure apply. If a change otherwise materially affects your rights or obligations, we will notify you separately or amend these Terms in accordance with article A.42.

A.14. Availability and maintenance

  1. We do our best to keep our service available 99% of the year, but we cannot guarantee this.
  2. Sometimes we have to perform immediate maintenance (urgent or emergency maintenance). We do not always announce this in advance.
  3. We may temporarily put services we deliver out of use for maintenance, adjustments or improvements.
  4. We always do our best to keep our services good and active, as long as our agreement runs. Yet we are not liable for damage arising from our services being temporarily or partially unavailable. This does not apply if we clearly make other agreements about this in an agreement or a Service Level Agreement (SLA).

A.15. Usage limits and billing

  1. Subscription limits: Your subscription includes specific limits for:
  • Domains: The number of unique domains you can monitor
  • Pageviews: The monthly pageview allowance across all your domains
  • Sampling rate: The percentage of visitors we track (higher rates may require higher subscription tiers)
  1. Domain counting: We count domains by their full domain name. Examples:
  • example.com and example.org = 2 domains
  • shop.example.com and example.com = 2 domains
  • example.com/us and example.com/uk = 1 domain
  1. Pageview measurement: You pay based on the number of pageviews per month. At 75% and 90% of your limit you get an automatic warning.
  2. Exceeding limits: Are you at your pageview limit (100%)? Then we pause the service until the next billing period, unless you upgrade or use autoscaling. Then we automatically invoice the extra pageviews.
  3. Usage manipulation: You may not try to manipulate or circumvent the counting of pageviews or domains. We determine how usage is measured. We filter recognizable bots, but cannot give a 100% guarantee that there is no bot traffic.
  4. Traffic spikes: We may ratelimit you when you experience an unexpected large spike in traffic to protect your pageview allowance as well as our infrastructure. We base our ratelimits on your subscription and add a multiplier to your allowed usage.

A.16. Implementation and data usage

  1. Our Service helps you analyse your website. We give no guarantees about how complete or accurate the data is. You decide yourself what to do with it and decisions based on our measurements are therefore at your own risk.
  2. Correct implementation and configuration are necessary for proper functioning. We help you with this, but are not liable if you configure or implement the Service incorrectly yourself.
  3. RUM Data may constitute personal data even where it does not contain a name, email address or other direct identifier. You must therefore not assume that RUM Data is anonymous solely because visitors are not directly identified.
  4. You determine which RUMvision functionality and configuration is appropriate for your website. You are responsible for ensuring that your use of the Service has an appropriate legal basis, is adequately disclosed to visitors and complies with applicable data protection and electronic communications laws.
  5. You may not use the Service to create advertising profiles, perform behavioural targeting, recognise visitors across unrelated websites or otherwise use RUM Data for marketing-oriented individual tracking.
  6. You must configure customer-controlled fields in a lawful, necessary and proportionate manner. This includes custom dimensions, event and goal names, URL structures, configured JavaScript variables, manual error context, DOM identifiers and selectors, optional labels, host labels and console context.
  7. You must not intentionally configure those fields to collect names, email addresses, customer account identifiers, authentication credentials, security tokens, payment information, special-category personal data or other unnecessary directly identifying or sensitive information.
  8. Business Metrics and conversion measurement are intended to record configured events, goals and their technical relationship with website performance. They are not intended to collect names, email addresses, customer account identifiers, order identifiers, product identifiers, product names, basket contents, form contents, arbitrary free-text conversion payloads or arbitrary customer-defined objects.
  9. Some context-rich optional processing modes, such as interaction-label text, script URL query-string or fragment enrichment and recursive structured console-object preview, may require a separate deployment-specific assessment, additional safeguards, consent or another appropriate legal basis. You are responsible for satisfying those requirements before enabling such processing.

A.17. Use of snippets and integration

  1. Our Service works through a JavaScript snippet. You install and use the snippet in accordance with our implementation documentation and must not modify it unless we expressly permit this.

  2. If your Subscription stops, you must remove the tracking code within two days. If you do not do this:

    • we may charge costs for resulting data traffic;
    • we may take technical measures to block the code;
    • you remain responsible for your continued deployment of the snippet and any resulting privacy or compliance issues;
    • you pay us €0.50 per day for each started million pageviews recorded by unauthorised snippets, with a minimum charge of €1 per day. This continues until all snippets are removed.

  3. Until the snippet has been removed or technically blocked, it may continue to make requests to our Service even after your Subscription has been cancelled. If you work as an agency, you must also ensure that snippets are removed from your clients' websites.

A.18. Agency arrangements

If you use our service to monitor websites for your clients (agency arrangement), separate agency terms and conditions apply as agreed in your agency contract with us. The basic requirements are:

  1. You remain fully responsible for payment, even if your clients do not pay you;
  2. You must remove all tracking snippets from client websites when your subscription ends;
  3. You are responsible for ensuring snippet removal is complete.

A.19. API Access and Usage

  1. API Access: We may provide API access to certain customers as part of their subscription. API access is subject to these terms and any additional API documentation we provide.
  2. MCP Access: Access to RUMvision data through our Model Context Protocol (MCP) server is treated as API usage and is subject to the authentication requirements, security requirements and rate limits that apply to your Subscription. We may temporarily limit, suspend or block MCP access where automated or autonomous agents generate excessive, abusive or otherwise abnormal request volumes, or where this is reasonably necessary to protect the security, availability or stability of our Service. Where reasonably possible, we will notify you of such measures.
  3. Rate Limits: API usage is subject to rate limits to ensure service stability and depend on your subscription.
  4. Authentication: All API access requires proper authentication using API keys provided through your account dashboard. You are responsible for keeping API keys secure and must not share them with unauthorized parties.
  5. API Key Security: You must:
  • Store API keys securely and never expose them in client-side code
  • Rotate API keys regularly or immediately if compromised
  • Notify us immediately of any suspected API key compromise
  • Use HTTPS for all API communications
  1. Acceptable API Usage: You may use our API only for legitimate monitoring and analytics purposes. Prohibited API uses include:
  • Attempting to reverse engineer our service algorithms
  • Creating competing monitoring services using our API
  • Excessive requests that impact service performance for other users
  • Automated data scraping beyond your subscription limits
  1. API Changes and Deprecation: We may modify, update, or deprecate API endpoints with reasonable notice. Critical breaking changes will have at least 90 days notice when possible.
  2. API Availability: API access is subject to the same availability terms as our main service. We do not guarantee API uptime beyond our general service availability.

A.20. Acceptable use policy

In addition to general legal compliance, you specifically agree not to:

Technical abuse:

  • Reverse engineer, decompile or attempt to extract our algorithms or source code.
  • Use automated tools to access our Service beyond permitted browser, API or MCP usage.
  • Attempt to circumvent technical limitations or security measures.
  • Probe, scan or test the vulnerability of our systems without permission.

Service interference:

  • Disrupt or interfere with our Service or servers.
  • Impose unreasonable loads on our infrastructure.
  • Use our Service in ways that could damage or overload our systems.
  • Attempt to gain unauthorised access to our systems or other customer accounts.

Data collection violations:

  • Monitor websites you do not own or for which you do not have explicit permission to monitor.
  • Intentionally use RUM tracking or related telemetry to collect special-category personal data, authentication credentials, security tokens, passwords, payment-card information or other similarly sensitive information.
  • Send names, email addresses, customer account identifiers, order identifiers, transaction numbers, payment information or other unnecessary directly identifying personal data through URLs, custom dimensions, event or goal names, conversion data, manual error context, DOM identifiers or selectors, labels, console context or similar RUM telemetry fields.
  • Configure Business Metrics or conversion measurement to transmit order identifiers, product identifiers, product names, basket contents, form contents, arbitrary free-text conversion payloads or arbitrary customer-defined objects.
  • Configure event names, goal names, labels, URLs, custom dimensions or other customer-controlled fields so that they intentionally reveal special-category personal data or similarly sensitive information without an appropriate separate assessment and lawful instruction.
  • Use the Service for advertising, behavioural targeting, cross-site profiling or an attempt to identify individual visitors from RUM Data.
  • Use the Service without an appropriate legal basis or without providing legally required transparency to visitors.
  • Use browser storage, browser access or another relevant processing capability without obtaining prior consent where such consent is required under applicable electronic communications or data protection law.
  • Enable an optional processing mode that requires a separate assessment, additional safeguards or another legal basis without satisfying those requirements.

AI and MCP data violations:

  • Send special-category personal data, confidential information, passwords, payment data or other unnecessary personal data through AI prompts or MCP unless a secure use case has been expressly enabled and appropriately documented for that purpose.

Competitive activities:

  • Use our Service if you are a provider of a competing service, such as another Real User Monitoring, website analytics or performance monitoring tool.
  • Use our Service data to build competing monitoring or analytics tools.
  • Resell access to our Service without explicit written permission.
  • Share account credentials with competitors or unauthorised parties.

Content violations:

  • Monitor websites containing illegal content.
  • Use our Service for websites promoting hate speech, violence or illegal activities.
  • Track websites that violate intellectual property rights.

Commercial misuse:

  • Exceed your plan's pageview limits through technical circumvention.
  • Create multiple trial accounts, repeatedly register the same or substantially related Domains, or otherwise circumvent technical or account restrictions in order to artificially extend a free evaluation period or avoid payment.

Violation of this Acceptable Use Policy may result in immediate Service suspension or termination without refund, as outlined in article A.28.

Data & Privacy

A.21. Data retention and deletion

  1. Server-side RUM Data: While you have an active Subscription, RUM Data stored on our servers is generally retained for up to 13 months. Depending on the functionality you enable, this may include ordinary RUM measurement data, conversion documents, JavaScript and browser error documents, responsiveness diagnostics and interaction-health documents. Data older than the applicable retention period is automatically deleted from our systems.
  2. Browser state: Where persistent first-party browser storage is enabled, a persistent Browser Identifier has a maximum lifetime of 90 days. It is removed or rotated when that maximum period is reached. Temporary sessionStorage is limited to the relevant browser tab or session and is not intended as a long-term visitor identifier. RUMvision-controlled browser state may also be removed earlier when the applicable storage functionality is disabled.
  3. Context-rich optional telemetry: You are responsible for considering whether the standard retention period remains necessary and proportionate for context-rich optional processing you enable. Where a shorter retention period is required for your deployment, you should contact us to agree or request appropriate deletion or retention measures where technically available.
  4. AI training and service improvement: We and our AI Providers will not use your data, including prompts, inputs or outputs, in identifiable or customer-linked form to train or improve general-purpose or cross-customer AI Models unless you have expressly agreed to this. We may use aggregated and irreversibly anonymized data to improve our Service, including the development, evaluation and improvement of AI Features. Data used for this purpose will not be used in a form that enables us or the relevant AI Provider to identify an individual or a Client. Enterprise customers may request that their anonymized data is excluded from cross-customer AI Model training or benchmarking. This opt-out does not prevent AI Features that you have enabled from processing your own data solely to provide the requested feature.
  5. After Subscription cancellation: If you cancel your Subscription, we may store your RUM Data for up to 2 additional months to allow for potential reactivation or data export. After this period, we are entitled to permanently delete your RUM Data and user accounts.
  6. Invoice and contact data: We retain invoice details, contact information and other business records for as long as required under applicable law, including applicable Dutch tax and accounting retention requirements.
  7. Early deletion upon request: Upon written request, we can delete your RUM Data sooner than the standard retention periods where technically possible, except for information we are legally required to retain.
  8. No recovery after deletion: Once data has been permanently deleted according to these retention policies, it cannot be recovered. We recommend exporting any important data before cancellation or deletion.

A.22. Viewing and exporting data

  1. You can export the data you collect and store via our service at any time yourself via the interface of our service.
  2. If your subscription stops, your data remains available for export for up to 2 months as outlined in article A.21.
  3. After the retention period specified in article A.21, we may permanently delete the data. We do not have to give you a separate message about this.
  4. We do not guarantee that your exported data also works properly in other systems or tools.

A.23. Privacy and personal data

  1. We process personal data in accordance with applicable data protection law, including the General Data Protection Regulation (GDPR).
  2. For visitor-level RUM Data that we process through the Service on your behalf, you determine why the Service is used, which properties and functionality are enabled and how your deployment is configured. For this processing, you generally act as controller and RUMvision acts as processor, subject to the Data Processing Agreement and the actual processing activities concerned.
  3. Where we process personal data on your behalf as processor, our then-current standard Data Processing Agreement automatically forms part of the Agreement and applies to that processing. You do not need to request or separately sign the standard DPA. If we have expressly agreed custom DPA terms with you in writing, those custom terms apply instead to the extent agreed. If there is a conflict concerning processing governed by the DPA, the order of precedence in article A.2 applies.
  4. We process visitor-level RUM Data under documented instructions for the agreed RUM purposes. We do not independently use visitor-level RUM Data for unrelated advertising, behavioural targeting or cross-site visitor profiling.
  5. We may engage subprocessors listed in our current subprocessor register. We will inform you of intended additions or replacements and give you an opportunity to object in accordance with the Data Processing Agreement.
  6. We take appropriate measures to protect personal data against unauthorised access, loss and misuse. If a personal data breach occurs in relation to processing for which we act as your processor, we will notify you in accordance with the Data Processing Agreement and applicable law.
  7. You are responsible for ensuring that your processing through RUMvision is lawful. This includes determining the applicable purpose and GDPR legal basis, providing required information to visitors, considering data-subject rights and determining whether prior consent or another requirement applies to storage of or access to information on terminal equipment.
  8. A GDPR legal basis and the rules governing storage of or access to information on terminal equipment are separate compliance questions. The fact that a processing activity can be based on legitimate interests under Article 6(1)(f) GDPR does not by itself establish that browser storage or browser access may take place without consent under applicable electronic communications law, including Article 11.7a of the Dutch Telecommunications Act where applicable.
  9. Certain RUM Data, including random identifiers, URL or page context, error information, interaction context and data processed through optional functionality, may constitute personal data even though it does not directly identify a named visitor.
  10. We may provide technical controls and documentation, including a pre-assessed Legitimate Interests Assessment, to assist you with your compliance assessment. Such documentation does not replace your responsibility to assess your actual website context, enabled functionality, configuration, jurisdiction and legal requirements.
  11. If you rely on a RUMvision Legitimate Interests Assessment for your deployment, you are responsible for checking that its assumptions and conditions match your implementation and for completing the applicable Customer Deployment Record or otherwise documenting your own assessment.
  12. Further details about purposes, categories of personal data, retention periods, hosting and transfer arrangements, security measures and processor obligations are set out in our Privacy Policy, Data Processing Agreement and other applicable privacy documentation. Current information about relevant service providers and subprocessors is maintained separately so that it can be kept up to date without requiring these Terms to be amended whenever a provider changes.

A.24. Security of your account

  1. You yourself ensure good security of your account with a username and password. You always keep your password secret.
  2. Everything that happens from your account after logging in with your data, we see as your responsibility.
  3. If someone else has access to your account, you must report this to us immediately.
  4. Do you suspect unauthorized access to your account? Then you let us know immediately and also immediately change your password.

A.25. Service communications and marketing emails

By signing up for our service, you consent to receive emails from us related to our services, including but not limited to:

  • Service newsletters and product updates
  • Platform feature announcements and improvements
  • System alerts and important service notifications
  • Weekly performance reports and analytics summaries
  • Account-related communications and billing notices

You can unsubscribe from marketing communications (newsletters, product updates) at any time by using the unsubscribe link in our emails or by contacting our support team. However, you cannot opt out of essential service communications such as security alerts, billing notifications, or critical system updates that are necessary for the proper functioning of your account.

Additional Services

A.26. Advice and consulting

  1. If we give advice, we do this based on information you give us and what we see in the data.
  2. We cannot give guarantees about the result or the speed with which something is achieved with our advice. You also cannot derive guarantee for certain results from our advice.
  3. You are responsible for decisions you make based on our advice. We are not liable for this.
  4. We are only liable for direct damage if we demonstrably made errors in the advice. The rules from article A.33 (Liability) apply for this.
  5. AI-generated insights and recommendations are provided as decision-support information only. AI output may be incomplete, inaccurate, outdated, non-reproducible or unsuitable for your specific environment. You remain responsible for reviewing and validating AI-generated insights before implementing changes to your Website, systems or infrastructure. We do not guarantee that AI-generated insights will achieve a particular result. The liability provisions in these Terms apply.

A.27. Training and audits

  1. If we give a training or conduct an audit for you, we clearly tell you in advance what the content is, where it takes place and when it is given (live/online).
  2. Training and audits are exclusive and tailor-made for you. It is not intended for you to invite other parties, unless we have made written agreements about this.
  3. For training or audits at your own location you are responsible for the facilities, such as space, computers, internet and beamers.
  4. We can never guarantee that training always takes place. For example if there are too few participants or if there is force majeure (see also article A.35). We let you know in advance in the agreement how many participants are needed at minimum.
  5. We may change the content of the training or the instructor. We naturally let you know this as soon as possible.
  6. Cancellation: Do you want to cancel or move the training before it starts? Then we may charge the costs we already incurred. Think for example of travel and accommodation costs, rental of a location, catering or preparation costs if it concerns a tailor-made training.
  7. Materials: All training materials we give you are protected by copyright. You may not simply copy or make this material public without having received written permission from us in advance.

A.28. Service misuse and account termination

We may immediately terminate or suspend your account and access to our Services without prior notice if:

  1. You are a provider of a competing service, such as another Real User Monitoring, website analytics or performance monitoring tool, and use our Service to gain a competitive advantage or obtain competitive insights.

  2. You upload, collect or process data through the Service in violation of these Terms, including:

    • data from websites you do not own, control or have permission to monitor;
    • data intentionally collected in violation of applicable privacy or data protection law;
    • direct identifiers, credentials, payment information, special-category personal data or other prohibited data contrary to articles A.16 and A.20;
    • data collected through fraudulent or deceptive means;
    • copyrighted content without proper authorisation.

  3. You misuse our Service by:

    • attempting to reverse engineer, hack or compromise our Platform;
    • sharing your account credentials with unauthorised parties;
    • using our Service to harm, harass or violate the rights of others;
    • violating applicable laws or regulations;
    • deliberately circumventing usage limits or technical restrictions;
    • using our Service for purposes outside the legitimate monitoring, diagnostics and analytics purposes offered by the Service.

In case of immediate termination for Service misuse:

  • you forfeit any prepaid fees or credits;
  • you must immediately remove all tracking snippets from your websites;
  • we may retain relevant data where this is necessary and permitted for legal, security or dispute-resolution purposes;
  • applicable penalty clauses in these Terms remain in effect.

Before termination, we may at our discretion issue a warning, temporarily suspend your account while we investigate the issue or request clarification about your use of the Service.

Where we become aware that a configuration or instruction appears to result in unlawful or out-of-scope processing, we may also suspend or restrict the affected processing while the issue is investigated and remediated.

A.29. What we expect from you

  1. You ensure that we receive all data, instructions and information we need to do our work properly on time. You also give us timely access and authorisations.
  2. After placing your snippet, you check whether there are any conflicts between your code and ours. While we have built-in precautions, you remain responsible for checking that your implementation works correctly with your own software and services.
  3. You are responsible for the management, security and use of your own equipment and systems.
  4. If you give us protected materials, data or information to use, you ensure that you have permission to do so.
  5. If you do not comply with your obligations, we may temporarily suspend our work or affected functionality and charge any additional costs where applicable.
  6. Before deploying the Service, you are responsible for determining which legal requirements apply to your actual configuration. This applies to both standard and optional functionality and may include a GDPR legal basis, transparency obligations, consent requirements and rules concerning storage of or access to information on terminal equipment.
  7. If prior consent is required for a particular processing capability, you must configure your implementation so that the relevant processing does not start before that consent has been obtained. Where required, withdrawal or deactivation must also be correctly communicated to RUMvision.
  8. A consent or storage control that applies to one capability must not be assumed to disable or authorise all other RUMvision processing. In particular, the RUMvision storage-consent control governs RUMvision-managed browser storage and is not a universal consent signal for all RUMvision functionality.
  9. You are responsible for ensuring that custom dimensions, conversion definitions, event or goal names, URL rules, DOM identifiers and selectors, manual error context, labels, console configuration and other customer-controlled inputs remain lawful, necessary and proportionate and do not intentionally contain prohibited or unnecessary personal data.
  10. Where a RUMvision feature or configuration requires a separate deployment-specific assessment, additional legal basis or additional safeguards, you must complete that assessment or implement those safeguards before enabling the relevant processing.
  11. If you use a RUMvision-provided Legitimate Interests Assessment, you must review whether its purposes, assumptions, feature-specific conditions and implementation boundaries apply to your actual deployment. Where the assessment includes a Customer Deployment Record, you should complete that record or maintain equivalent documentation before relying on the assessment.
  12. Our own obligations under applicable data protection law and the Data Processing Agreement remain unaffected by your responsibilities under this article.

A.30. Support and response times

  1. If you change something yourself in what we delivered, you do this entirely at your own risk. We are then not obliged to solve errors or problems caused by this. This does not apply if you inform us in advance in writing and we approve that change. We may attach conditions to such approval.
  2. By default we do not give support to your clients (end users), unless we have clearly agreed this together in writing.
  3. Have we not made agreements about how quickly we respond in our agreement or SLA? Then you may expect that we respond within a reasonable term to your questions about support or maintenance.
  4. We do our best to install updates, security patches and new versions of software as quickly as possible. We do not do this if it may affect the security or stability of our services.
  5. For urgent security problems or important updates we may perform immediate maintenance, without informing you in advance.

A.31. Security and data integrity

  1. Our Service works on modern browsers and devices. Adblockers, privacy settings, consent-management tools or other privacy or security mechanisms may affect how the Service functions. We are not responsible for reduced functionality that is caused by independent browser, device or third-party restrictions outside our control.
  2. Our Service may have a small effect on your website's loading speed. We may regularly update the Service, including its measurement and diagnostic functionality. Such updates may change technical fields or implementation details within the documented purposes and processing categories of the Service.
  3. If an update materially changes the purpose, categories of personal data, granularity, retention, browser storage, recipients or privacy impact of processing performed on your behalf, we will review and update the relevant privacy, processing or technical documentation where required. Material contractual changes are handled in accordance with article A.42 and, where applicable, the Data Processing Agreement.
  4. We use technical and organisational safeguards intended to minimise unnecessary processing, including configurable functionality, data minimisation, sanitisation, access controls, bounded processing and other safeguards described in our applicable security, privacy and technical documentation.

A.32. Warranties

  1. We promise that we perform our services as agreed, carefully and according to good workmanship.
  2. If we deliver a service from a third party (such as software or licenses), only the warranty that third party offers applies. We help you if something goes wrong, but you cannot claim warranty from that third party yourself, unless they allow this themselves.
  3. If problems arise within the warranty period, we solve these free of charge within a reasonable time after you report this to us.
  4. If the problem arises due to incorrect use, changes that you or others have made, or situations that we have no control over (so force majeure situations), our warranty does not (longer) apply. Our SaaS services may depend on independent third-party APIs or software. We cannot guarantee the availability or continued operation of those independent services. Problems caused solely by those services fall outside our warranty, unless we have agreed otherwise. This does not affect our own obligations under these Terms, the Data Processing Agreement or applicable law.

A.33. Liability

  1. Our liability for direct damage you suffer due to our fault or negligence is per event (where a series of consecutive events counts as one (1) event) and is limited to a maximum of the amount you paid us in the three months prior to the moment the cause of the damage occurred.
  2. For damage due to death or bodily injury during on-site consultancy or training, our maximum liability is €125,000 per event.
  3. We are never liable for indirect damage, such as lost profit, business interruption or loss of data.
  4. If we are deliberately reckless or intentionally cause damage, then the liability limitations in paragraph 1 do not apply.
  5. You must let us know in writing as soon as possible if you think we are making a mistake. Give us the opportunity to solve the problem within a reasonable time.
  6. You must always report damage to us in writing within 30 days of its occurrence.
  7. If a third party holds you liable for damage to products or services you have delivered in which our services are incorporated, you indemnify us from this liability, unless you prove that the damage was caused by us.
  8. We are not liable for problems arising from independent products or services of third parties that are outside our control. This does not exclude or limit our own obligations under these Terms, the Data Processing Agreement or applicable law.
  9. We are also never liable for damage caused by transport or shipping of documents, regardless of who arranges the transport.
  10. If you use the MCP integration to send or make RUMvision data available to a third-party AI service selected or configured by you, you are responsible for ensuring that your use of that third-party service is lawful, including selecting an appropriate provider, configuring the integration, obtaining any required consent or other legal basis, and complying with applicable data protection and transfer requirements. We are not responsible for the independent security, availability, model behaviour or processing practices of third-party AI services that are outside our control. This does not exclude or limit our own obligations under these Terms, the Data Processing Agreement or applicable law. The parties' roles under applicable data protection law are determined by the actual processing activities and, where applicable, the Data Processing Agreement.

A.34. Indemnification

You indemnify us against:

  1. Claims from third parties arising from your use of our services for unauthorized websites or data collection.
  2. Damage claims arising from you or others using our services incorrectly or unlawfully.
  3. Claims from third parties about infringement of their intellectual property rights through your unauthorized use of our services.
  4. Claims arising from your violation of applicable laws or regulations while using our services.

We indemnify you against:

  1. Claims arising from our platform's security breaches that result in unauthorized disclosure of your data, provided you have followed our security guidelines.
  2. Claims arising from our failure to comply with GDPR requirements in our role as data processor, provided you have fulfilled your obligations as data controller.
  3. Claims that our service infringes third-party intellectual property rights, provided you use our service according to these terms.

General indemnification conditions:

  1. The party claiming indemnification must notify the other party immediately in writing of any claim.
  2. The indemnifying party has the right to take over the defense of the claim.
  3. The indemnified party must cooperate reasonably with the defense.
  4. If damage occurs, you do everything you can to limit that damage as much as possible.

A.35. Force majeure

  1. Sometimes one of us cannot meet the agreements without this being our own fault. We call this force majeure. In such situations, we do not have to temporarily fulfill our obligations from the agreement.
  2. By force majeure we mean situations that arise unexpectedly and are beyond our control, such as:
  • strikes;
  • internet, telephone or power outages;
  • government measures;
  • riots, war or unrest;
  • traffic problems;
  • insufficient personnel available;
  • extreme weather;
  • fire;
  • cyber attacks such as DoS or DDoS attacks;
  • import, export or transit bans;
  • pandemics etc.;
  • all other situations that make normal work impossible.
  1. During force majeure we may suspend our obligations (= temporarily stop). If the situation lasts longer than 30 days or it is impossible for us to meet the agreements afterwards? Then we may terminate the agreement without paying you compensation.
  2. Have we already done part of the work? Then we can already invoice that part or partially refund if you have already paid in advance.

A.36. Confidentiality

  1. We both keep information and data secret if it is reasonably clear that these are confidential. We do not share this data with others, except if we have engaged these third parties to execute our agreement. We also keep the content of our quote and agreement confidential.
  2. In certain situations we do not have to keep the information and data confidential. This is only if it is clear that the data is no longer secret. This is the case if:
  • The data is publicly available, for example via newspapers, patent databases, open source software, or publicly accessible websites and services.
  • The person receiving the data already had it before it was provided.
  • The data is available via a third party, without this third party violating a confidentiality agreement with the person who originally gave it.
  • The person receiving the data obtained it independently without using the confidential information.
  • The data is easily derivable from products and sources that are publicly available on the market.
  1. The person claiming that the information is no longer secret must also be able to prove this.
  2. We can make other agreements together about confidentiality and secrecy. We always record these agreements in writing.
  3. If one of us receives confidential data, that person ensures that this data is protected at least as well as their own confidential data.
  4. We do not look at data you store or distribute via our services, except if this is really necessary to properly execute our agreement. If we do have to look at data, we limit this as much as possible.
  5. If confidential information contains personal data that we process on your behalf as processor, the applicable Data Processing Agreement also applies.
  6. The obligations from this article also apply to our employees and any third parties we engage who gain access to confidential information or data.
  7. If one of us is legally obliged or receives a court order to share confidential information, we immediately inform each other.

A.37. Intellectual property

  1. All intellectual property rights, such as copyrights and trademarks, to services we make or deliver, always remain ours or our suppliers'. We call this 'IP Material'.
  2. You only get the right to use the IP Material as we agree in our agreement.
  3. You may not transfer the IP Material to others or make changes that remove or modify references to our copyright. We may take technical measures to protect our IP material.
  4. If we give written permission in advance, there is no infringement of our IP Material.

A.38. Suspension

  1. If you do not fulfill your obligations (such as payment), even after a warning, we may suspend our obligations (= temporarily stop) without paying you compensation for this.
  2. In such a case, we may also temporarily stop certain services until you pay or meet other obligations.
  3. Even during suspension, you must continue to pay incurred costs and previously performed work. As soon as you meet your obligations, we resume our service provision.

A.39. Termination of agreement

  1. We can always terminate the agreement together if we both agree on this.
  2. For SaaS and recurring consultancy subscription cancellations, you must follow the specific procedures outlined in article A.12: All subscriptions require 15 days notice using our platform's cancellation function. You must also remove the tracking snippet from your website within two days after cancellation to avoid unauthorized usage charges.
  3. For SaaS subscriptions, cancellation must be done through our platform unless we provide written confirmation accepting alternative cancellation methods.
  4. We may both also immediately terminate the agreement (= dissolve), without notice period, in the following situations: a. In case of debt restructuring or suspension of payments by the other; b. In case of bankruptcy or application thereof by the other; c. In case of seizure of assets of the other; d. If the other ceases business activities; e. In case of liquidation of the other's company; f. In case of a change of owner of the other's company; g. In case of merging companies; h. In case of force majeure lasting longer than 30 days.
  5. If the agreement ends, all amounts you still owe us become immediately due and payable.

A.40. Limitation period, transfer and survival

  1. Limitation period If you think you are entitled to something from us or want to hold us liable, you must do this within one year. This term starts at the moment you know about the problem or damage, or could have known. After that year your right to this expires.
  2. Transfer of rights and obligations You may not simply transfer your rights and obligations from our agreement to someone else. This is only allowed if we give written permission for this in advance. We may also attach certain conditions to this. The provision also remains in effect during termination under article A.39. Even during a notice period, transfer is only possible if we agree to this in advance in writing.
  3. Survival Certain rules from these terms of service and from our agreement remain in effect, even if the agreement ends. This especially applies to rules that are clearly intended to continue to exist after completion, such as agreements about confidentiality and intellectual property.

A.41. Breach and penalty clause

  1. We consider some agreements extra important. If you violate those agreements, you may be subject to penalties as specified below, in addition to our right to terminate your account and seek damages.
  2. We may also take legal action to stop the violation or recover damages from you.
  3. This penalty arrangement applies to violation of the following specific agreements: Service violations with cost-based penalties:
  • Not removing snippets at the end of the agreement (article A.17): if you do not remove code snippets after termination of the agreement, despite our clear instructions, you pay us €0.50 per day for each started million pageviews recorded by unauthorized snippets, with a minimum charge of €1 per day, until all snippets are removed. This continues until all snippets are completely removed from your websites. For all other violations of these terms of service, we reserve the right to immediately suspend or terminate your account without penalty charges, and to seek damages through legal proceedings if necessary.

A.42. Amendment of these terms of service

  1. We may always amend these terms of service. The changes also apply to existing agreements. We notify you of the change at least 30 days in advance via our website, email or letter.
  2. Does the change mean an important change to your rights or obligations? Then you may terminate the agreement free of charge from the day the change takes effect, unless we are legally obliged to implement that change.

A.43. Complaints procedure

  1. Are you dissatisfied about something? For example about how we execute our agreement? Let us know as soon as possible. Then we try to work it out together.
  2. If this doesn't work and a conflict arises between us? Then we first try to find a solution together. We can also use mediation for this.
  3. Only if this doesn't work, we can decide to submit the conflict to the court.

A.44. Applicable law and competent court

  1. Dutch law applies to all our agreements and these terms of service.
  2. If a conflict arises that we cannot resolve ourselves, we submit this to the court in the district of Noord-Nederland.

For questions about these terms of service, please contact us through our standard support channels.