Terms of Service

In short. Every new organisation starts with 30 days of Pro for free, without a card, and then moves to Free unless you choose a paid plan. Prices are in euros, excluding VAT. On a paid plan we never stop collecting your data. You can cancel at any time. We process your visitors’ data only for you, under our Data Processing Agreement. This summary helps you read the terms; the articles below are what count.

1. Who we are and what these terms cover

1.1. Nvivio is a web analytics service of Monto Bleu BV, a Belgian private limited company (besloten vennootschap) with its registered office at [registered office to be added], enterprise number 0543.842.970, [register of legal entities to be added], VAT number BE0543842970 (“Nvivio”, “we”, “us”). You can reach us at support@nvivio.com. More details are on Company details.

1.2. These terms apply to every use of Nvivio: the website nvivio.com, the dashboard at nvivio.com/app, the script and collection endpoint at nviv.io, the API, the MCP server at mcp.nvivio.com, and every other part we offer under the name Nvivio (together the “Service”).

1.3. The agreement consists of, in this order of precedence in case of conflict: (a) anything we agree with you individually in writing, such as a quote or an order form; (b) the Data Processing Agreement, for everything about personal data; (c) these terms; (d) the Acceptable Use Policy. The plan you chose, with its price and limits as shown on the pricing page when you chose it, is part of the agreement. Your own general terms do not apply.

1.4. You accept these terms when you create an account, when you are invited into an organisation and log in, or when you order a paid plan. If you accept them on behalf of a company or another organisation, you confirm that you are allowed to bind it; “you” then means that organisation.

1.5. Nvivio is made for businesses, organisations and professionals. You can also use it as a consumer; where these terms say something specifically about consumers, or where the law of your country gives you more protection, that applies to you (see article 14).

2. Definitions

• Organisation: the workspace in Nvivio that holds your sites, your team and your subscription. The agreement is with the organisation’s owner.
• User: anyone with access to your organisation or to one of its sites, such as an owner, an admin or a viewer.
• Site: a website or app you measure with Nvivio, identified by its site code (NV-…).
• Visitor: a person who visits one of your sites.
• Customer Data: everything your sites send to Nvivio and everything you and your users put into Nvivio, such as visits, events, goals, funnels, labels and notes. The part of it that is personal data is “Visitor Data”.
• Plan: Free, Starter, Pro, Agency or any other plan on the pricing page, with the features and limits shown there.
• Units: what counts towards the monthly volume of a plan: every pageview and every custom event (such as track('signup')) on all sites of the organisation together. Not counted: traffic our bot filter rejects, automatic measurements (reading time, scroll depth, outbound clicks, web vitals, 404 pages), event properties, requests to paused sites and the consent check of cookie mode.
• Billing period: one month or one year, depending on the subscription you chose.

3. Your account

3.1. You log in with a link we send by email, or with another sign-in method we offer. Keep access to your mailbox secure: anyone who can read it can log in as you. Tell us at once at support@nvivio.com if you think someone else has access to your account.

3.2. Give us correct details and keep them up to date, in particular your email address and, for paid plans, your company name, country, address and VAT number.

3.3. You decide who has access to your organisation and with which role. You are responsible for what your users do in Nvivio, as if you did it yourself. An invitation only works for the exact email address it was sent to.

3.4. You must be at least 18 years old, or old enough to enter into a contract in your country, to create an account.

4. The Service

4.1. Nvivio measures visits to your sites and shows them in a dashboard, in reports, through the API and through the MCP server. What it measures and how is described in the documentation and on the privacy page. By default Nvivio measures without cookies (privacy mode); cookie mode is an option per site on the plans that include it.

4.2. We keep improving Nvivio, so features change over time. We will not remove a feature that is essential to the plan you pay for during your billing period without telling you at least 30 days in advance; if such a change is to your disadvantage, you may cancel and we refund the prepaid fees for the rest of your billing period.

4.3. Some features are marked as a preview or beta. They may change or stop without notice and come without any commitment about availability.

4.4. AI features. Some features use a language model, such as “Ask Nvivio”. The model only receives what that feature needs and what we describe on its page; it never receives IP addresses, cookies or email addresses of your visitors. Numbers in an answer are checked against your data, but the text of an answer can still be wrong or incomplete. Check an answer before you base an important decision on it. A plan has a monthly number of AI questions, as shown on the pricing page.

4.5. Integrations you connect. When you connect an AI assistant through the MCP server, or any other tool through the API, what that tool reads goes to the company behind it, under its own terms. That company is not our subprocessor; you choose it and you are responsible for that choice.

5. Plans, the free trial and Free

5.1. Plans. The features and limits of each plan (sites, users, units per month, retention of data, AI questions and the other differences) are those on the pricing page. We do not repeat them here, so they are always in one place. The limits of your plan are also in your dashboard under Settings.

5.2. Free trial. Every new organisation starts with a free trial of 30 days with the features and limits of Pro, without payment details. On day 31 the organisation moves to Free automatically, unless you have chosen a paid plan by then. We remind you by email before the trial ends. Nothing is deleted at that moment: from then on the limits and the retention of Free apply. Sites above the number Free allows are paused (their script then counts nothing) until you choose which sites stay active, or choose a paid plan.

5.3. Free. Free costs nothing and has no end date. We may change what Free includes, or stop offering it, with at least 30 days’ notice by email. To keep Free available to everyone, we may limit the number of free organisations per email domain and allow one organisation per website, and we may make the bot filter stricter for a site that sends far more traffic in a day than Free is meant for.

5.4. Pause on Free. If an organisation on Free sends more than twice the units that Free includes in a calendar month, Nvivio pauses collecting for that organisation until the first day of the next month: the script then counts nothing. Data you already have stays. We email you at 80% and at 100% of your units, and when the pause starts. On a paid plan, collecting never pauses (article 5.6).

5.5. Paid plans. A paid plan is a subscription per month or per year. A yearly subscription costs ten times the monthly price. The subscription renews automatically for the same billing period, until you cancel it (article 9).

5.6. Above your volume on a paid plan. On a paid plan we never stop collecting your data and never charge for extra volume without your consent.

• At 80% of the units of your plan, you see a notice in the dashboard; at 100% you also get an email. One month above your volume has no consequences.
• If your organisation is above its volume in two calendar months in a row, we email you the price of the plan or the extra units that fit, and you have one week to choose.
• If you do not choose, the dashboard shows a notice that a larger plan is needed. Your reports and the API keep working and collecting continues. The notice disappears once you stay below your volume for a month.
• On a monthly plan you can choose to move up to the next plan automatically when this happens. On a yearly plan we never do that automatically.

5.7. Founding customers. The first 100 organisations that take a paid plan are founding customers. A founding customer keeps the price of its plan and billing period, and the volume that came with it, for as long as the organisation exists and keeps that plan, even when our prices go up. When a plan becomes more generous, founding customers get the new limits too. If a founding customer changes to another plan, the price of the new plan at the time of the change applies. Founding status belongs to the organisation and cannot be transferred.

6. Prices, payment and VAT

6.1. Prices. Our prices are on the pricing page, in euros and excluding VAT. The price that applies to you is the one shown when you order. Article 8 explains what happens when prices change.

6.2. Payment. We charge each billing period in advance. Payments are handled by Mollie B.V., a licensed payment institution in the Netherlands, by card, SEPA Direct Debit, Bancontact or another method shown when you order. By ordering, you authorise us to collect the amount for each new billing period with the method you chose, until you cancel.

6.3. VAT. We charge VAT as follows:

You are	VAT
A business or a consumer in Belgium	21% Belgian VAT, also with a VAT number
A business in another EU country with a valid VAT number	No VAT: VAT reverse charged (article 196 of the VAT Directive 2006/112/EC). You account for the VAT in your country.
A consumer in another EU country, or a business without a valid VAT number	The VAT rate of your country, through the One-Stop Shop (OSS)
Outside the EU	No Belgian or EU VAT. You take care of any taxes in your country.

We check VAT numbers in the European Commission’s VIES system. If a VAT number is not valid, we treat you as a consumer for VAT. If the details you gave us turn out to be wrong, we may correct the VAT and charge or refund the difference.

6.4. Invoices. You receive an invoice for every payment, in the dashboard and by email. Where the law requires a structured electronic invoice (for example through Peppol between Belgian businesses), we send it that way. You agree to receive invoices electronically.

6.5. Failed payments. If a payment fails, we try again up to three times within ten days and email you each time. If the payment still fails, your organisation moves to Free at the end of those ten days. A payment that is reversed afterwards (a chargeback or a SEPA refund) counts as a failed payment. Your data stays, but the retention of Free then applies: before data older than Free allows is deleted, we show you in the dashboard at least 7 days in advance what will be deleted and when, so you can export it or pay.

7. Changing plans

7.1. Upgrade. A move to a larger plan, or from a monthly to a yearly subscription, takes effect immediately. You pay the difference for the rest of your current billing period, pro rata.

7.2. Downgrade. A move to a smaller plan takes effect immediately. The unused part of what you paid is credited, pro rata, against your next payments; it is not paid out. We refuse a downgrade as long as your organisation has more sites or users than the new plan allows; remove enough first.

7.3. Retention after a downgrade. A smaller plan can keep data for a shorter time. Data older than the new plan allows is deleted no earlier than 7 days after the change; until then the dashboard shows what will be deleted and when, with a way to export it.

8. Price changes

8.1. As long as you keep your plan, you keep your price: a new price for a plan applies to new subscriptions, and to yours only when you change to another plan.

8.2. If we ever have to change the price of an existing subscription, for example because we stop offering a plan or because our costs change for reasons outside our control, we tell you by email at least three months in advance, with the reason. You may then cancel before the new price applies, without any cost. On a yearly subscription, a new price never applies before your next renewal.

8.3. A change in the VAT rate applies from the date the law sets. Founding customers keep their price as described in article 5.7.

9. Cancelling and ending the agreement

9.1. Cancelling a paid plan. You can cancel a paid plan at any time in the dashboard, under Settings, or by email to support@nvivio.com. The cancellation takes effect at the end of the current billing period: until then you keep your plan; then your organisation moves to Free. We do not refund the remaining part of a billing period, except where article 4.2, 8.2, 9.5 or 14 or the law says otherwise.

9.2. Deleting your organisation or a site. An owner can delete the organisation, or a site, in the dashboard. All events and daily totals of the organisation or the site are then deleted within 24 hours, and we confirm the deletion by email. Deleting the organisation ends the agreement; a paid subscription stops with it, without a refund of the current billing period. Export what you want to keep first: the export functions and the API remain available until the deletion.

9.3. Backups. Our database provider keeps encrypted backups for up to 7 days. Deleted data disappears from them when they expire. We do not restore data from a backup after a deletion you asked for.

9.4. Suspension. We may pause a site or suspend access to your organisation if you seriously breach these terms or the Acceptable Use Policy, if your use endangers the Service, its security or other customers, or if the law or an authority requires it. We first warn you and give you a reasonable time to fix the problem, unless the breach is serious, illegal or urgent. We limit a suspension to what is needed and lift it once the reason has gone.

9.5. Ending by us. We may end the agreement:

• with at least three months’ notice by email, for any reason; we then refund the prepaid fees for the period after the end date;
• with immediate effect, by email, if you seriously breach these terms or the Acceptable Use Policy and do not remedy it within 14 days of our warning, or immediately if the breach cannot be remedied or is illegal;
• with immediate effect if you go bankrupt or stop your activities, to the extent the law allows.

9.6. After the end. When the agreement ends, access to the organisation ends and we delete its Customer Data as described in article 9.2 and in the Data Processing Agreement, except what the law obliges us to keep (such as invoices). Articles 9.3, 12, 13, 15 and 18 continue to apply.

10. Your data

10.1. Customer Data is yours. You give us the right to process it to provide, secure and support the Service for you, and for nothing else.

10.2. For Visitor Data, you are the controller and we are your processor. The Data Processing Agreement applies automatically and is part of these terms; you do not need to sign anything.

10.3. We do not sell your data, show ads, build profiles of your visitors, combine your data with that of other customers or use it to train AI models. We may use figures about the use of the Service that say nothing about you, your sites or your visitors, such as the total number of events Nvivio processes, to run and improve the Service.

10.4. You are responsible for using Nvivio lawfully on your sites: informing your visitors in your privacy notice, having a legal basis, asking consent where the law requires it (for example in cookie mode) and not sending data that Nvivio is not meant for (see the Acceptable Use Policy). Do I need a cookie banner? explains how this works in Belgium and the Netherlands.

10.5. If you make a dashboard or a report public, or share it with a link, anyone with that link can see what it shows. You decide what you share.

11. Availability and support

11.1. We do our best to keep Nvivio available at all times and to fix problems quickly, as a careful provider would. Our commitments in these terms are obligations of means (inspanningsverbintenis / obligation de moyens), not of result. We do not guarantee a specific uptime, unless we agreed a service level with you in writing.

11.2. We may interrupt the Service for maintenance. We plan maintenance so it disturbs as little as possible and announce longer maintenance in advance where we can. The script is built so that your site never waits for Nvivio.

11.3. Support is by email at support@nvivio.com, in English or Dutch, on Belgian working days.

12. Intellectual property

12.1. Nvivio, its software, its design, its texts and its brand belong to us or to our licensors. During the agreement you may use the Service and place our script on your sites, for your own organisation and, on the plans that allow it, for your clients.

12.2. You may not copy, sell or resell the Service, or decompile it, except where the law allows this despite this article. Ideas and feedback you send us we may use freely, without any obligation to you.

13. Liability

13.1. We are liable for damage you suffer because we do not perform the agreement, within the limits of this article.

13.2. We are not liable for indirect or consequential damage, such as lost profit, lost revenue, lost savings, lost goodwill, business interruption or claims of third parties, except as set out in article 13.4.

13.3. Our total liability under the agreement, including the Data Processing Agreement, is limited per calendar year to the amount you paid us in the twelve months before the event that caused the damage, and to €100 if you have paid us nothing.

13.4. Articles 13.2 and 13.3 do not apply to damage caused by our intent, fraud or gross negligence, to death or personal injury, or where the law does not allow liability to be limited. Towards consumers, they apply only as far as consumer law allows.

13.5. We are not liable when we cannot perform because of force majeure: circumstances beyond our reasonable control, such as a large-scale failure of the internet, the power grid or a provider that is itself hit by force majeure, war, an attack, a pandemic or a measure of an authority. If force majeure lasts longer than 30 days, either party may end the agreement and we refund the prepaid fees for the period after the end.

13.6. You are liable to us for damage, fines and claims of third parties, including your visitors and authorities, caused by your use of Nvivio in breach of the law, these terms or the Acceptable Use Policy, and you indemnify us against them. We tell you promptly about such a claim and let you take part in its handling.

13.7. Towards each other’s data subjects and supervisory authorities, liability under the GDPR is divided as set out in article 82 of the GDPR.

14. Consumers

14.1. If you use Nvivio as a consumer, you keep all the rights that the law of your country gives you and that cannot be set aside by contract. These terms do not limit those rights.

14.2. Right of withdrawal. You may withdraw from a paid subscription within 14 days after you ordered it, without giving a reason, by sending us the model withdrawal form or any other clear statement by email. When you order, we ask whether you want the paid plan to start right away during those 14 days. If you do and then withdraw, you pay only for the days you used, pro rata; we refund the rest within 14 days, with the method you paid with.

14.3. Yearly subscriptions. If, as a consumer, your yearly subscription was renewed automatically, you may cancel it at any time after the renewal with one month’s notice; we then refund the months that follow.

14.4. Guarantee. You have a legal guarantee that the Service conforms to the agreement. If it does not, tell us and we will remedy it; if we cannot, you may ask for a price reduction or end the agreement.

14.5. Complaints. Send complaints to support@nvivio.com; we reply within 14 days. If we cannot resolve it, you can turn to the Belgian Consumer Mediation Service (Consumentenombudsdienst / Service de Médiation pour le Consommateur, consumerombudsman.be).

15. Confidentiality

Each party keeps confidential what it learns about the other that is clearly confidential, such as Customer Data, non-public features, prices agreed individually and security details, and uses it only for the agreement. This does not apply to information that is public or that a party must disclose by law; in that last case, the party tells the other first where the law allows.

16. Changes to these terms

16.1. We may change these terms for a valid reason: a change in the law or in case law, a change in the Service, a new feature, security, or to make them clearer. We tell you by email at least 30 days before a change takes effect, with what changes and why. A change in your favour, or one the law requires sooner, may apply sooner. Price changes follow article 8.

16.2. If you do not agree with a change that is to your disadvantage, you may cancel before it takes effect; we then refund the prepaid fees for the period after the end. If you keep using Nvivio after the change takes effect, the new terms apply.

16.3. Each version of these terms carries a version number and a date. Earlier versions are listed at the end of this page and we send them to you on request.

17. Other provisions

17.1. Notices. We send notices to the email address of the owner of your organisation. You send notices to support@nvivio.com.

17.2. Transfer. You may only transfer the agreement to someone else with our consent, which we will not refuse without good reason. We may transfer it to a company that takes over Nvivio, with notice to you; your rights under these terms stay the same, and you may cancel if you do not agree.

17.3. Partial invalidity. If a provision is invalid or unenforceable, the rest of the agreement continues; the provision is replaced by a valid one that comes as close as possible to its purpose.

17.4. No waiver. If a party does not enforce a right at once, it does not give up that right.

17.5. Language. These terms are written in English, and the English text is binding. Translations help you read them; in case of a difference, the English text applies.

18. Applicable law and courts

18.1. Belgian law applies to the agreement, without its rules on conflicts of laws.

18.2. Disputes go to the courts of the judicial district of our registered office. As a consumer, you keep the protection of the mandatory law of the country where you live, and you may also go to the courts of that country; we can only sue you there.

18.3. Before going to court, we each try to find a solution together first.

Model withdrawal form

Only for consumers who want to withdraw from a paid subscription (article 14.2). Send it to support@nvivio.com.

To Monto Bleu BV, [registered office to be added], support@nvivio.com:

I hereby give notice that I withdraw from my contract for the following service: Nvivio, plan ………, ordered on ……… for the organisation ………

Name: ……… · Address: ……… · Email address of the account: ……… · Date: ……… · Signature (only on paper): ………

Versions

• 1.0, 25 October 2026: first version.