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Alke Analytics — Terms and Conditions
Version 1.0 — February 2026
These Terms and Conditions ("Terms") govern the use of the Alke Analytics platform and related services ("Service") provided by Alke Tech SASU, registered under SIREN 933 486 557, with its registered office at 8 Rue de Maule, 78580 Bazemont, France ("Alke Tech", "we", "us", "our").
By signing an Order Form referencing these Terms, the entity identified therein ("Customer", "you", "your") agrees to be bound by these Terms. Together, these Terms, the applicable Order Form, and any referenced documents (including the Data Processing Agreement) form the agreement between the parties ("Agreement").
1. Definitions
"Alke Analytics" means the web analytics platform operated by Alke Tech, including the dashboard, API, Tracking Code, and all associated documentation.
"Order Form" means the document signed by both parties specifying the Service plan, Included Volume, pricing, and any additional options.
"Property" means a website or mobile application registered by the Customer within Alke Analytics.
"Tracking Code" means the code snippet provided by Alke Tech for integration into Customer Properties.
"Data Processing Agreement" or "DPA" means the data processing agreement between the parties, which forms an integral part of this Agreement.
"Hit" means a single data collection event sent to Alke Analytics by the Tracking Code (e.g., a pageview or a custom event).
"Included Volume" means the number of Hits per month included in the Customer's plan, as specified in the Order Form.
"Authorized User" means any individual granted access to the Alke Analytics dashboard by the Customer.
2. Service Description
2.1 Scope
Alke Tech provides the Customer with access to the Alke Analytics platform, which includes real-time and historical web audience measurement.
2.2 Service Availability
The Service is provided as a hosted SaaS solution. The Customer accesses it through a web browser or API. No software installation is required beyond the Tracking Code.
2.3 Modifications to the Service
Alke Tech may update, improve, or modify the Service at any time. We will use reasonable efforts to notify the Customer of material changes. Changes that materially reduce the functionality included in the Customer's plan will not take effect until the next renewal period, unless required by law or for security reasons.
3. Free Trial
Alke Tech may offer a free trial of the Service for a period of seven (7) days, beginning on the date of account activation. During the trial, the Service is provided "as is" without any service level commitment, and Alke Tech may limit features or volume at its discretion. At the end of the Trial Period, the Customer may subscribe by signing an Order Form. If the Customer does not subscribe, access will be suspended and trial data will be deleted after thirty (30) days.
4. Customer Obligations
4.1 Tracking Code Integration
The Customer is responsible for correctly integrating the Tracking Code into its Properties in accordance with the documentation provided by Alke Tech.
4.2 Consent Management
The Customer must operate a valid Consent Management Platform (CMP) registered with IAB Europe, including the official IAB stub, on all Properties where the Tracking Code is deployed. The Customer must ensure that Alke Tech's vendor ID (1506) is included in the vendor list presented to visitors. The Customer is solely responsible for the lawfulness of data collection on its Properties.
4.3 Opt-out Mechanism
The Customer must implement the opt-out function provided by Alke Tech within its privacy policy, enabling visitors to object to tracking. Failure to implement this mechanism may compromise the consent-exemption status of the audience measurement.
4.4 Custom Data
Where the Customer configures Custom Data or Late Dimensions within Alke Analytics, the Customer is solely responsible for:
Determining the appropriate legal basis for each data element
Using the TCF-purpose encapsulation method provided by Alke Tech for any personal data
Ensuring that no special categories of personal data (as defined in Article 9 GDPR) are transmitted to Alke Analytics
4.5 Acceptable Use
The Customer shall not:
Use the Service for any unlawful purpose or in connection with any illegal content
Attempt to reverse engineer, decompile, or disassemble any part of the Service
Interfere with the integrity or performance of the Service
Share access credentials with unauthorized third parties
Exceed API rate limits as specified in the documentation
Use the Service to collect data from Properties it does not own or operate, unless explicitly authorized by the Property owner
4.6 Account Security
The Customer is responsible for maintaining the security of its account credentials and for all activity occurring under its account. The Customer must promptly notify Alke Tech of any unauthorized access.
5. Pricing and Payment
5.1 Fees
Fees for the Service are specified in the Order Form. The pricing structure consists of:
Annual Fee: A fixed fee covering the Included Volume, invoiced annually in advance at the start of each contract year.
Overage Fee: Hits exceeding the Included Volume are billed automatically at the per-hit rate specified in the Order Form, invoiced monthly in arrears.
5.2 Payment Terms
All invoices are due within thirty (30) days of the invoice date. Payment is made by bank transfer to the account specified on the invoice.
5.3 Late Payment
Any amount not paid by the due date will automatically bear interest at a rate of three (3) times the legal interest rate in France, calculated from the due date until full payment. A fixed recovery fee of forty euros (€40) is due for each late payment, in accordance with Article L.441-10 of the French Commercial Code. Alke Tech reserves the right to claim additional compensation for recovery costs exceeding this amount.
5.4 Price Revisions
Fees are fixed for the duration of each contract year. Alke Tech may revise pricing for the following renewal period by notifying the Customer at least thirty (30) days before the renewal date. If the Customer does not agree with the revised pricing, the Customer may terminate the Agreement by providing notice before the renewal date.
5.5 Taxes
All fees are exclusive of applicable taxes. The Customer is responsible for any VAT, sales tax, or similar taxes applicable to the Service, except for taxes based on Alke Tech's income.
6. Term and Termination
6.1 Initial Term
The Agreement enters into force on the date specified in the Order Form ("Effective Date") and continues for an initial period of twelve (12) months ("Initial Term").
6.2 Renewal
At the end of the Initial Term, the Agreement automatically renews for successive twelve (12) month periods ("Renewal Term"), unless either party provides written notice of non-renewal at least thirty (30) days before the end of the then-current term.
6.3 Termination for Breach
Either party may terminate the Agreement with immediate effect by written notice if the other party:
Commits a material breach and fails to cure it within thirty (30) days of receiving written notice specifying the breach
Becomes insolvent, enters liquidation, or ceases to carry on business
6.4 Termination by Customer During Trial
The Customer may terminate at any time during the Trial Period at no cost by providing written notice to Alke Tech.
6.5 Effects of Termination
Upon termination or expiry of the Agreement:
The Customer's access to the Service will be suspended at the end of the notice period.
Alke Tech will delete Customer Data in accordance with the DPA (production systems within 30 days, backups within 90 days, logs within 180 days).
Any fees owed for Overage usage up to the termination date remain due and payable.
The Annual Fee paid in advance is not refundable, except in the case of termination by the Customer due to a material breach by Alke Tech, in which case a pro-rata refund of the unused period will be issued.
6.6 Survival
Sections that by their nature should survive termination will remain in effect, including: Intellectual Property, Confidentiality, Liability, Governing Law, and any payment obligations accrued prior to termination.
7. Service Levels
7.1 Availability Commitments
Alke Tech commits to the following monthly uptime targets, measured as a percentage of total minutes in each calendar month:
Component Uptime Target
Data Ingestion (Tracking Code and API) 99.9%
Reporting (Dashboard and Reporting API) 99.5%
Uptime is calculated as: (Total minutes − Downtime minutes) / Total minutes × 100
7.2 Exclusions
The following are excluded from uptime calculations:
Scheduled maintenance, notified at least forty-eight (48) hours in advance
Downtime caused by factors outside Alke Tech's reasonable control, including force majeure events, Customer's infrastructure, and third-party service failures
Issues resulting from Customer's misuse or misconfiguration of the Service
7.3 Service Credits
If Alke Tech fails to meet the uptime targets in a given calendar month, the Customer may request service credits as follows:
Monthly Uptime Credit (% of monthly fee equivalent)
99.0% – below target 5%
98.0% – 98.99% 10%
95.0% – 97.99% 20%
Below 95.0% 30%
For the purposes of credit calculation, the monthly fee equivalent is one-twelfth (1/12) of the Annual Fee, plus any Overage Fees for the affected month.
7.4 Credit Request Process
Service credits must be requested in writing within thirty (30) days of the end of the affected month. Credits are applied to future invoices and do not entitle the Customer to a cash refund. Service credits are the Customer's sole and exclusive remedy for failure to meet the uptime commitments.
7.5 Support
Alke Tech provides technical support via email at [email protected] during business days, 9:00 AM to 6:00 PM CET. Alke Tech will use commercially reasonable efforts to respond to support requests within one (1) business day.
8. Intellectual Property
8.1 Alke Tech IP
Alke Tech retains all intellectual property rights in the Service, including the platform, Tracking Code, algorithms, documentation, trademarks, and any improvements or derivative works. Nothing in this Agreement transfers ownership of Alke Tech's intellectual property to the Customer.
8.2 License Grant
Subject to the terms of this Agreement, Alke Tech grants the Customer a non-exclusive, non-transferable, revocable license to use the Service for the duration of the Agreement, solely for the Customer's internal business purposes in connection with its Properties.
8.3 Customer Data Ownership
The Customer retains full ownership of all data collected through the Service from its Properties ("Customer Data"). Alke Tech acquires no rights over Customer Data except as necessary to provide the Service as described in this Agreement and the DPA.
8.4 Reference Rights
The Customer grants Alke Tech the right to use the Customer's name and logo to identify the Customer as a user of Alke Analytics, including on Alke Tech's website, marketing materials, and customer lists. The Customer may revoke this authorization at any time by written notice.
9. Data Protection
9.1 Data Processing Agreement
The processing of personal data in connection with the Service is governed by the Data Processing Agreement (DPA), available at www.alketech.eu/dpa. The DPA forms an integral part of this Agreement.
9.2 Roles
With respect to personal data collected through the Tracking Code, the Customer acts as Data Controller and Alke Tech acts as Data Processor, as defined in the DPA.
9.3 Compliance
Each party is responsible for its own compliance with applicable data protection laws. The Customer is responsible for providing appropriate notice to visitors of its Properties and for maintaining a valid legal basis for data collection.
9.4 Consent-Exempt Measurement
Alke Analytics has been self-assessed as compliant with CNIL guidelines for consent-exempt audience measurement. This compliance requires the Customer to meet specific configuration requirements as described in the Consent Exemption Configuration Guide provided by Alke Tech. Alke Tech does not guarantee that any supervisory authority will confirm the consent-exempt status; the Customer remains responsible for its own compliance assessment.
10. Confidentiality
10.1 Confidential Information
"Confidential Information" means any non-public information disclosed by one party to the other in connection with this Agreement, whether oral, written, or electronic, including technical data, business plans, pricing, Customer Data, and any information marked as confidential.
10.2 Obligations
Each party agrees to:
Use the other party's Confidential Information solely for the purposes of this Agreement
Protect the other party's Confidential Information with at least the same degree of care it uses for its own confidential information, and in no event less than reasonable care
Not disclose the other party's Confidential Information to any third party, except to employees, contractors, or advisors who need to know and are bound by confidentiality obligations at least as protective as those in this section
10.3 Exclusions
Confidentiality obligations do not apply to information that:
Is or becomes publicly available through no fault of the receiving party
Was already known to the receiving party without restriction before disclosure
Is independently developed by the receiving party without use of the disclosing party's Confidential Information
Is required to be disclosed by law, regulation, or court order, provided the receiving party gives reasonable advance notice to the disclosing party
10.4 Duration
Confidentiality obligations survive termination of this Agreement for a period of three (3) years.
11. Warranties and Disclaimers
11.1 Alke Tech Warranties
Alke Tech warrants that:
The Service will perform materially in accordance with its published documentation
The Service will be provided with reasonable skill and care
Alke Tech has the right to provide the Service and grant the licenses contemplated in this Agreement
11.2 Customer Warranties
The Customer warrants that:
It has the authority to enter into this Agreement
It will use the Service in compliance with all applicable laws and regulations
It has a valid legal basis for collecting data on its Properties
It will not transmit special categories of personal data to Alke Analytics
11.3 Disclaimers
Except as expressly stated in this section, the Service is provided "as is". Alke Tech does not guarantee that the Service will be uninterrupted or error-free. The accuracy of analytics data depends on factors outside Alke Tech's control, including the Customer's Tracking Code implementation, visitor browser settings, and network conditions.
12. Limitation of Liability
12.1 Liability Cap
To the maximum extent permitted by applicable law, the total aggregate liability of Alke Tech under or in connection with this Agreement, regardless of the form of action (whether in contract, tort, or otherwise), shall not exceed the total amount of fees paid or payable by the Customer under the current contract year.
12.2 Exclusion of Indirect Damages
To the maximum extent permitted by applicable law, neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business, loss of data, or cost of procuring substitute services, even if the party has been advised of the possibility of such damages.
12.3 Exceptions
The limitations in this section do not apply to:
Liability arising from a party's gross negligence or willful misconduct
Liability for breach of confidentiality obligations
Liability under the Data Processing Agreement for data protection breaches
Payment obligations of the Customer under this Agreement
13. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations (other than payment obligations) if such delay or failure results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemic, government actions, power failures, internet disruptions, or third-party infrastructure failures ("Force Majeure Event").
The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact. If a Force Majeure Event continues for more than sixty (60) days, either party may terminate the Agreement by written notice, with a pro-rata refund of any prepaid unused fees.
14. Modifications to Terms
Alke Tech may modify these Terms at any time. The Customer will be notified of material changes at least thirty (30) days before they take effect, via email or through the Alke Analytics dashboard.
If the Customer does not agree with the modified Terms, the Customer may terminate the Agreement by providing written notice before the effective date of the changes. Continued use of the Service after the effective date constitutes acceptance of the modified Terms.
Modifications to pricing are governed by Section 5.4 and take effect only at renewal.
15. Governing Law and Dispute Resolution
15.1 Governing Law
This Agreement is governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions.
15.2 Mediation
In the event of a dispute arising out of or in connection with this Agreement, the parties agree to first attempt to resolve the dispute through good faith mediation. The mediation will be conducted in Paris, France, under the rules of the Centre de Médiation et d'Arbitrage de Paris (CMAP). The mediation process shall not exceed sixty (60) days from the date one party notifies the other of its intention to mediate.
15.3 Jurisdiction
If the dispute is not resolved through mediation, the parties submit to the exclusive jurisdiction of the courts of Paris, France. This is without prejudice to the right of data subjects to bring claims in their own jurisdiction under applicable data protection law.
16. General Provisions
16.1 Entire Agreement
This Agreement, together with the Order Form, the DPA, and any other documents expressly referenced herein, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements relating to its subject matter.
16.2 Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force. The invalid provision shall be replaced with a valid provision that achieves a similar economic effect.
16.3 Assignment
Neither party may assign this Agreement without the prior written consent of the other party, except that Alke Tech may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the assignee assumes all obligations under this Agreement.
16.4 Waiver
A party's failure to enforce any right under this Agreement does not constitute a waiver of that right. Any waiver must be in writing and signed by the waiving party.
16.5 Notices
All notices under this Agreement must be in writing and sent to the addresses specified in the Order Form, by email (with confirmation of receipt) or registered mail. Notices are deemed received on the date of confirmed delivery.
16.6 Independent Contractors
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.
Contact
Alke Tech SASU
8 Rue de Maule, 78580 Bazemont, France
SIREN: 933 486 557
General inquiries: [email protected]
Data Protection Officer: [email protected]
Security: [email protected]
Last updated: February 2026