Terms of Service

Effective date: 2026-09-24 · Version 2.1

1. Agreement to terms

These Terms of Service ("Terms") are a binding agreement between you ("Customer", "you") and Backstory Pty Ltd ("Backstory", "we", "us"), governing your use of the Backstory Analytics service at https://app.trybackstory.com and related services (the "Service"). If you use the Service on behalf of a legal entity, you represent you have authority to bind that entity.

You must be at least 18 years old and able to form a binding contract to use the Service. By creating an account you also agree to our Privacy Policy and, if applicable, our Acceptable Use Policy.

2. Description of Service

Backstory Analytics is a cookieless, organization-level website analytics platform: visitor-to-organization identification, buyer-journey attribution, a JavaScript tracking script, dashboard and reporting, and (for Customers who enable it) the optional Contacts add-on for named lead discovery, governed by the separate Leads Data Processing Addendum. You are responsible for implementing the tracking script correctly and for your own compliance with laws governing data collection on your website(s) — see our Acceptable Use Policy.

3. Accounts

You must provide accurate registration information and keep it current. You are responsible for safeguarding your credentials and for all activity under your account, and must notify us promptly of any unauthorized use. You may not share credentials, create duplicate accounts to evade plan limits, or transfer your account without our written consent.

4. Acceptable use

Prohibited uses of the Service (unlawful use, tracking sites you don't own or have permission to track, collecting sensitive personal data without safeguards, scraping, reverse engineering, reselling the Service, and more) are set out in full in our standalone Acceptable Use Policy, which is incorporated into these Terms by reference. Breach of the AUP is a breach of these Terms.

5. Plans, trials, and billing

5.1 Plans

We offer several subscription tiers (currently Starter, Growth, Scale, and custom Enterprise plans), each with a monthly-tracked-organizations limit and feature set described on our pricing page. Plan details and pricing may change; current pricing controls.

5.2 Free trial

New self-serve accounts start with a 30-day free trial. No payment card is required to start the trial, and no charge is ever made unless you choose a paid plan.

When the trial ends, your access changes rather than stopping. Organizations identified during the trial stay visible to you. Organizations identified after the trial ends are locked until you choose a paid plan. Thirty days after the trial ends we stop identifying organizations from your website altogether; anything already identified remains locked rather than being deleted.

Choosing a paid plan — during the trial or at any time after it — starts a subscription that continues on a recurring basis until cancelled. If you choose a plan while your trial is still running, your remaining free days are preserved: nothing is charged that day, and your first charge falls on or shortly after your original trial end date.

5.3 Billing cycle

Paid plans are billed monthly or annually in advance, at your chosen billing cycle. Annual billing is offered at a discount to month-to-month pricing. All fees are in AUD unless stated otherwise. We use a third-party payment processor and never store your full card number.

5.4 Cancellation

You may cancel at any time from your account's billing settings; cancellation takes effect at the end of your current billing period. A free trial needs no cancellation — if you never choose a paid plan, you are never charged. We do not charge cancellation fees.

5.5 Refunds

Fees already charged for a billing period are non-refundable except where required by law. Because the 30-day trial exists precisely so you can evaluate the Service before being charged, we do not offer pro-rated refunds for unused time after a charge, but you may cancel to prevent future charges at any time.

5.6 Price changes

We may change prices with at least 30 days' notice; changes take effect at your next billing cycle after the notice period. Continued use after the change takes effect is acceptance of the new price.

5.7 Late or failed payment

If a renewal payment fails, we may retry the charge and/or suspend access to the Service until payment succeeds. Continued non-payment may result in account termination.

5.8 Contacts add-on credits

Where the optional Contacts add-on is billed via credits (per revealed lead), unused credits do not expire during an active subscription but are not refundable and do not carry over after cancellation, except as required by law.

5.9 Taxes

You are responsible for taxes associated with your purchase, other than taxes on Backstory's income.

6. Intellectual property

The Service and all related IP are owned by Backstory and protected by the laws of Australia and international law. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during your subscription. You retain all rights to the data you collect through the Service ("Customer Data") and grant us a limited license to process it solely to provide the Service. Feedback you provide may be used by us without restriction or compensation.

7. Data processing and privacy

Your use of the Service is governed by our Privacy Policy. Where we process personal data on your behalf as a processor, the Core Data Processing Addendum (and, for the Contacts add-on, the Leads DPA) apply and are incorporated by reference.

8. Service availability and support

We aim for high availability but do not guarantee uninterrupted or error-free operation. We provide reasonable notice of scheduled maintenance where practicable. Support is available via email according to your plan's support level, generally during Australian business hours.

9. Warranties and disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant the Service will be error-free or that analytics data will be complete or free of delay; you should not rely solely on the Service for critical business decisions. We are not responsible for third-party services we integrate with.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BACKSTORY AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. Some jurisdictions do not allow these exclusions, so some limitations may not apply to you (including non-excludable consumer guarantees under the Australian Consumer Law).

11. Indemnification

You agree to indemnify and hold Backstory harmless from claims arising from your use or misuse of the Service, your breach of these Terms (including the AUP), your violation of any law or third-party right, or your website(s).

12. Termination

You may terminate at any time (Section 5.4). We may suspend or terminate your account for breach of these Terms, non-payment, suspected fraud or abuse, or if required by law. On termination, your access ends; we may delete associated data after 30 days; you remain liable for fees incurred before termination. On request within 30 days of termination we will provide an export of your Customer Data in a commonly used format, subject to technical feasibility.

13. Modifications to these Terms

We may modify these Terms; we will notify you of material changes at least 30 days before they take effect. Continued use after that date is acceptance. If you disagree, stop using the Service and cancel your account.

14. General provisions

Governing law: Australia. Dispute resolution: good-faith negotiation, then mediation, before litigation. Entire agreement: these Terms, the Privacy Policy, and any DPA you've accepted. Severability, no waiver, and force majeure apply in the usual way. Assignment: you may not assign these Terms without our consent; we may assign them freely. Notices to us: legal@trybackstory.com.

15. Definitions

  • "Customer Data" — data collected through your implementation of our tracking script.
  • "Service" — the Backstory Analytics platform, including the Core product and, where enabled, the Contacts add-on.
  • "Subscription" — your paid or trial plan.

16. Contact Us

Backstory Pty Ltd — legal@trybackstory.com (Terms) · support@trybackstory.com (general) · https://app.trybackstory.com.