Terms of service
Last updated September 27, 2026
These terms, together with our privacy policy and refund policy (together, the "Terms"), govern your use of Hark, the website analytics service at harkstats.com (the "Service"). Hark is provided by Durandal Limited, a company registered in England and Wales with company number 07891415 ("Durandal", "we", "us" or "our").
"Customer" or "you" means the business or individual that signs up for the Service, and anyone you let use your account. "Visitors" means the people who visit the websites you measure with Hark.
1. Accepting these terms
By creating an account or using the Service you agree to these Terms. If you're agreeing on behalf of a business, you confirm you have authority to bind it. You must be at least 16 and legally able to enter a contract, and you must not be barred from using the Service under the laws that apply to you. If you don't agree, please don't use the Service.
2. The Service
Hark gives you a small script to add to your websites. It records page views and events without cookies, and shows the results in a dashboard, including a live view of current visitors. The features in each plan are described on our pricing page.
We'll make the Service available 24 hours a day, 7 days a week, apart from planned maintenance, which we'll keep short and, where we can, announce in advance. We don't guarantee the Service will be uninterrupted or error-free. Statistics are estimates: ad blockers, network conditions and browser settings mean some visits will never be recorded.
3. Your account
You sign in with a link sent to your email address, so keep access to that mailbox secure. You're responsible for everything that happens under your account and for anyone you give access to. Tell us straight away at [email protected] if you think someone has accessed your account without permission.
4. Free trial
New accounts get a 14-day free trial, with the Starter plan's allowance. You don't need to give payment details to start it, and nothing is charged automatically when it ends. After the trial, you'll need to choose a paid plan to keep using the dashboard. Your sites keep recording in the meantime. If you choose a plan during the trial, the trial ends and your first billing period starts straight away. We may limit trials to one per customer.
5. Subscriptions and payment
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. When you pay, you're also agreeing to Paddle's buyer terms.
- Subscriptions are billed in advance, monthly or yearly, in US dollars. Paddle adds any sales tax or VAT due where you are, and shows it at checkout.
- Subscriptions renew automatically at the end of each billing period, for the same period, until you cancel.
- If a payment fails, Paddle will retry it and we'll let you know. If it's still unpaid 14 days later, we may pause your account until it's paid. Your data is kept while it's paused.
- We may change our prices. We'll tell you by email at least 30 days before a change affects you, and it will apply from your next renewal after that. If you don't want to pay the new price, you can cancel before it takes effect.
6. Pageview allowance and overage
Each plan includes a monthly allowance of pageviews and a number of websites. If you go over the allowance, we'll never stop recording your data or lock you out of your dashboard. Extra pageviews are charged at the rate shown on our pricing page, which is currently $0.05 per 1,000. We'll warn you by email before anything is charged. If you go over the allowance regularly, we may ask you to move to a plan that fits your traffic.
7. Changing plans
You can move between plans at any time from the billing page. When you change plans on a paid subscription, the difference is prorated: you're charged, or credited, for the rest of the current billing period straight away. If you change plans during your trial, nothing is charged until the trial ends.
8. Cancelling
You can cancel at any time from the billing page or by emailing us. When you cancel, your subscription stays active until the end of the period you've paid for and you won't be charged again. Refunds are covered by our refund policy.
9. Acceptable use
You agree to use the Service lawfully and only as intended. In particular, you must not:
- add Hark to websites that you don't own or aren't authorised to measure
- send personal data to Hark, for example names, email addresses, account ids or anything else that identifies a person in page addresses, event names or event properties
- try to identify, profile or follow individual visitors, or combine Hark's data with other data to do so
- send artificial or automated traffic to the Service, or use it to measure websites that are unlawful, deceptive or harmful
- probe, scan or test the Service's security, get around its limits, or access it except through the interfaces we provide
- interfere with the Service or with other customers' use of it, or send more requests than normal use of the dashboard would
- copy, resell or sublicense the Service, or reverse engineer it, except where the law allows
If we think these Terms have been broken, we'll usually ask you to fix it first. We may suspend or close an account without notice if the breach is serious, unlawful or puts the Service or other customers at risk.
10. Your data
The statistics collected on your websites belong to you. You give us permission to store and process them only to provide, secure and improve the Service. We won't sell them or share them with anyone except the providers listed in our privacy policy, who help us run the Service.
For the statistics collected on your websites, you are the data controller and we are your data processor. We only process them on your instructions, which are these Terms and your use of the Service. We keep them confidential and secure, use only the providers named in our privacy policy, help you respond to requests from Visitors and regulators, and delete the data when your account closes. We'll tell you before adding a new provider. You're responsible for your own privacy notice and for having a lawful basis to measure your websites.
Statistics are kept for your plan's retention period. When you remove a site, its statistics are deleted straight away. If your subscription ends, we'll keep your data for 30 days so you can come back or ask us for an export. After that, we may delete it.
If you send us feedback or suggestions, we may use them freely, without any obligation to you.
11. Our intellectual property
We own the Service and everything we make for it, including the software, script, design and brand. We give you a personal, non-exclusive, non-transferable licence to use the Service while your account is active and in line with these Terms. You may not use our name or branding to suggest we endorse you.
12. Confidentiality
Each of us will keep the other's non-public information confidential. We'll use it only in connection with the Service and share it only with people who need it and are bound by similar duties, or where the law requires. This doesn't cover information that is already public, that the other party already had, or that it developed independently.
13. Changes to the Service and these Terms
We improve Hark all the time, so features may change. We won't materially reduce the features of your plan during a period you've already paid for. If we ever close the Service, we'll give you at least 60 days' notice and refund any unused part of a prepaid subscription.
We may update these Terms, for example to reflect new features or changes in the law. We'll post the new version here and change the date at the top. If a change materially affects you, we'll email you at least 30 days before it takes effect. If you keep using the Service after that, you accept the new Terms. If you don't accept them, you can cancel.
14. Ending the agreement
These Terms apply until your account is closed. Either of us may end the agreement if the other materially breaches these Terms and doesn't fix the breach within 30 days of notice. We may also end it straight away if we reasonably believe the Service is being used unlawfully. Ending the agreement doesn't cancel fees already due. The sections that are meant to last beyond the end of the agreement, such as the ones on confidentiality, liability and the law that applies, will continue.
15. Disclaimers
Apart from what these Terms expressly say, the Service is provided "as is" and "as available". To the extent the law allows, we exclude all other warranties, including those of merchantability, fitness for a particular purpose and non-infringement. We don't promise that the Service will meet your needs, or that the statistics will be complete or exact.
16. Limitation of liability
Nothing in these Terms limits our liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn't allow us to limit. If you're a consumer, nothing in these Terms affects your statutory rights.
Otherwise, to the extent the law allows, we aren't liable for any indirect or consequential loss, or for lost profits, revenue, goodwill or data. This applies however the loss arises, even if it was foreseeable. Our total liability for all claims under these Terms is limited to the amount you paid us for the Service in the 12 months before the event that gave rise to the claim.
You agree to make good any loss or cost we suffer because of a third-party claim arising from your websites, your breach of these Terms, or your failure to meet your own data protection obligations.
Any claim arising from these Terms or the Service must be brought within one year of the date it arose, unless the law doesn't allow this limit.
17. General
These Terms are the whole agreement between you and us about the Service. If a court finds part of them unenforceable, the rest still applies. If we don't enforce a right straight away, we haven't given it up. You may not transfer your account or these Terms without our agreement. We may transfer them to a company that takes over the Service, and if we do, we'll tell you. Neither of us is responsible for delays caused by events beyond our reasonable control.
These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you're a consumer living elsewhere in the UK or in the EU, you also keep the protection of your local mandatory laws and may bring a claim in your local courts.
Contact
Questions about these Terms: [email protected]. Durandal Limited, company number 07891415, registered in England and Wales.