Legal
Terms and conditions
These terms apply to the use of Tagyard. They are written to be read: short articles, plain words, and the things that touch money or data spelled out rather than referred to.
Who we are
Tagyard is a product of Piex Commerce, at Frans Halsstraat 19, 2162 CK Lisse, the Netherlands, registered with the Dutch Chamber of Commerce under number 93463480, VAT number NL005021587B30. In these terms “we” means Piex Commerce and “you” means the party that creates an account.
Reachable at [email protected].
What these terms cover
What Tagyard is
We run your server-side Google Tag Manager: a tagging and preview server on a subdomain of your own domain, with a certificate we request and renew, and a traffic log showing you what arrives.
What we do not do: set up your measurement plan, write your tags, or judge whether your measurement is legally permitted. That remains your work and your responsibility.
These terms and their annexes
Two documents belong to these terms, and they apply automatically as soon as you create an account:
- the data processing agreement, setting out how we handle personal data you entrust to us;
- the sub-processor list, naming the other parties involved.
You do not need to sign or request anything. If you do need a signed copy, we will send one on request.
Your account
Who owns it
The account belongs to whoever creates it. That person is the owner, receives the invoices, and is the only one who can change the plan or cancel.
If an agency works for you, you invite that agency onto your measurement server. An invitation grants administrator or reader; ownership cannot be handed out. An administrator can do everything with the measurement server; a reader looks on.
How many users
The number of users belongs to your account: three on Starter, ten on Pro, unlimited on Business. With several measurement servers on different plans, the highest one counts. The limit is enforced at the moment of inviting.
What you must do
You keep the details in your account correct, do not share your credentials, and tell us when someone should no longer have access.
The trial
Fourteen days per measurement server, without giving a payment method up front. During the trial the limits of Starter apply, but with the full monthly allowance of 500,000 requests — not pro-rated.
Until something is paid for, you can have at most three measurement servers at a time.
If the trial ends without payment details being added, measuring stops and we clear away the measurement server pair. Your traffic history stays within its retention period, so it is still there if you start later after all.
Prices and payment
The amounts
Prices are on the pricing page and are excluding VAT. On yearly billing you pay ten times the monthly price, so two months free.
The price is per measurement server. Every site or client with its own subdomain is its own measurement server on its own plan.
How billing works
Payment runs through Stripe. You get one invoice per period with a line per measurement server. An account has one billing interval: if you pay yearly, a new measurement server goes yearly too, pro-rated to your existing renewal date.
VAT is calculated according to the rules of the country you are established in. With a valid VAT number outside the Netherlands, VAT is reverse-charged.
If a payment fails
Your measurement server keeps measuring while Stripe retries. Only once those attempts definitively fail do we close the measurement server.
Price changes
We may change prices with at least thirty days’ notice. A running yearly period does not become more expensive part-way through. If you disagree with the new price, you can cancel with effect from the date it takes effect.
The limit
What counts
Your plan has a monthly limit. Every request arriving at your measurement address counts towards it — not just your events, but the loader, preview-mode traffic and checks that see whether your server responds. See Counting requests.
What happens if you go over
At 80% and at 100% of your limit you get a message. Above 110% we close your measurement address: requests are then refused with status code 402, and those measurements are lost.
We do not bill afterwards. There is no per-request invoice; if you need more room, you move to a larger plan.
Retention
Your traffic history is kept for as long as your plan states: three months on Starter, twelve on Pro, twenty-four on Business. Anything older is removed automatically. That also applies to a closed measurement server.
Availability
We promise no availability percentage and have no SLA. That is a deliberate choice: Tagyard is small, and a guarantee we cannot keep is worth nothing.
What we do: resolve faults as quickly as we can, announce maintenance that affects measuring in advance where possible, and show you in the product whether your tracking works rather than making you hear it from us.
We may interrupt the service temporarily for maintenance, during a fault, or when usage endangers the infrastructure.
What you do not use Tagyard for
You do not use Tagyard to:
- collect data without the consent or legal basis required for it;
- send special categories of personal data through your measurement server;
- damage our infrastructure or that of others;
- resell the service as your own product without our knowledge.
If you breach this, we may close the measurement server. Where something causes immediate damage, we may do so at once; otherwise you first get notice and a reasonable period to put it right.
Cancelling
By you
On monthly billing you cancel per month. On yearly billing the subscription runs to the end of the period you paid for and stops after that. There is no silent renewal to work around.
We do not refund amounts paid in advance on early cancellation, unless the cancellation follows from a failure on our side.
By us
We may cancel with three months’ notice. If we stop with Tagyard entirely, the same period applies and you get an export of your configuration.
On a serious breach of these terms or on bankruptcy we may cancel immediately.
What happens afterwards
Your measurement server stops measuring and is cleared away. We delete your data as described in the data processing agreement.
Your measurement plan and your tags live in your own Google Tag Manager and remain yours. Moving to another party is a matter of repointing the DNS record.
Liability
The cap
Our liability is limited to the amount you paid us in the twelve months before the event, per event and per year combined.
What is excluded
We are not liable for consequential loss, lost profit, lost revenue, or data that was not measured. Nor are we liable for the consequences of choices in your measurement plan or your Tag Manager.
Where the cap does not apply
These limitations do not apply in case of intent or deliberate recklessness on our side, nor where the law does not allow them.
What you cover
If a third party brings a claim against us because you used Tagyard contrary to these terms or to the law, you indemnify us against it.
Changes to these terms
We may change these terms. A change that materially affects your position we announce at least thirty days in advance. If you disagree, you can cancel with effect from that date.
The top of this page states when the current version came into force.
Governing law
These terms are governed by Dutch law. Disputes are brought before the court in The Hague, unless mandatory law designates another court.
These terms exist in Dutch and in English. In case of any difference between the two, the Dutch text prevails.