Legal
The agreement between your business and First Byte for using Countlift: accounts, plans and billing, your data, acceptable use, and what our results do and don’t promise.
Effective · Countlift is operated by First Byte
These Terms of Service (“Terms”) govern access to and use of Countlift, including the Countlift website, app, analysis engine, reports and related services (the “Service”). Countlift is operated by First Byte, based in The Woodlands, Texas (“First Byte”, “we”, “us”).
The Service is for businesses. By creating an account, starting a trial or using the Service, you agree to these Terms on behalf of the business you represent (the “Customer”), and you confirm that you have authority to bind it. If you do not have that authority, or do not agree, do not use the Service. If the Customer has signed a separate written agreement with us for the Service, that agreement controls where it conflicts with these Terms.
Our Privacy Policy explains how we handle personal information and Customer Data and forms part of these Terms.
Each Customer has an organization in Countlift containing one or more brands. Users are invited to an organization with a role — Owner, Admin, Analyst or Viewer — and may be limited to specific brands. Agencies may invite their clients as users with access to the client’s own brands.
Plans. The features, limits (such as locations and tracked ad spend) and prices of each plan are described on our pricing page. The Free plan has no time limit and requires no payment details. We may change the features of the Free plan with notice.
Trials. Paid plans include a 14-day free trial unless an offer states otherwise. If you add payment details and do not cancel before the trial ends, the subscription starts and you will be charged for the first billing period.
Billing. Paid plans are billed in advance, monthly or annually, through our payment processor. Fees are in US dollars and exclude taxes, which the Customer is responsible for (other than taxes on our income). You authorize us to charge the payment method on file for each billing period until you cancel.
Plan limits. If your tracked ad spend is above your plan’s limit for two months in a row, we will ask you to move to the appropriate plan. We do not delete or withhold your data because of plan limits.
Cancellation and refunds. You can cancel at any time by emailing us or, where available, in the app. Monthly plans end at the end of the current billing period; annual plans can be cancelled before they renew. Fees already paid are not refundable, including for partial periods, except where required by law.
Price changes. We may change prices with at least 30 days’ notice; the change applies from your next billing period after the notice. Any price commitment we make to you in writing, such as founding-partner pricing, will be honored according to its terms.
Late payment. If a payment fails and is not resolved within 14 days of our notice, we may suspend paid features until it is. Your data is not deleted because of a suspension.
“Customer Data” means the data the Customer or its users upload to or connect with the Service, such as location lists, sales and visit counts by location and ad spend by market, and the reports and analysis results generated from it.
Countlift is designed for aggregated business data. The Customer must not upload or connect personal information about individual consumers (such as names, email addresses, phone numbers or device identifiers), protected health information as defined by HIPAA, payment card data, or other sensitive personal information. We are not responsible for data provided in breach of this section.
You also agree not to, and not to let anyone else:
The Service can connect to services provided by others, such as Google Ads, Meta, Toast, Square and Slack. Those connections are made at the Customer’s direction, and the Customer’s use of those services is governed by their terms. We are not responsible for third-party services, their availability, or changes they make that affect a connector. If a provider changes or withdraws access to its service, we may need to change or remove the related connector.
Some features, such as Ask Countlift and written summaries, use generative AI to explain results in plain language. AI output can be incomplete or wrong. Check important answers against the underlying results in the app before acting on them. The figures in Countlift’s analysis are produced by its measurement engine, not by the AI model.
Countlift estimates the effect of advertising by comparing markets and locations with statistical counterfactuals. Every result — including incremental customers, lift, cost per incremental customer, expected ramps, minimum detectable effects and budget recommendations — is an estimate with uncertainty, and depends on the completeness and accuracy of the data provided, the number of comparable markets and events outside the Service.
Results are not guarantees of future performance. Recommendations are decision support: the Customer remains solely responsible for its marketing, budget and business decisions and their outcomes.
Each party may receive non-public information from the other that is marked confidential or should reasonably be understood to be confidential (“Confidential Information”). Customer Data is the Customer’s Confidential Information. The receiving party will use the other’s Confidential Information only to perform under these Terms, protect it with at least reasonable care, and share it only with its employees, contractors and service providers who need it and are bound by similar obligations.
These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully received from a third party without a duty of confidentiality. A party may disclose Confidential Information when required by law, after giving the other party reasonable notice where allowed.
We and our licensors own the Service, including its software, methods, models, designs and documentation, and the Countlift and MarketTwin™ names and marks. Subject to these Terms and payment of applicable fees, we grant the Customer a non-exclusive, non-transferable right to use the Service for its internal business purposes during the subscription. No other rights are granted.
If you send us suggestions or feedback, we may use them without restriction or obligation to you. We will not identify the Customer as a Countlift customer in our marketing without its written permission.
We will provide the Service in a professional manner consistent with these Terms and our Privacy Policy, and we will not materially reduce the core functionality of a paid plan during a paid subscription period.
EXCEPT AS STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, FIRST BYTE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY RESULT, ESTIMATE OR RECOMMENDATION WILL BE ACCURATE OR WILL ACHIEVE ANY PARTICULAR OUTCOME.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, GOODWILL OR DATA, OR ADVERTISING SPEND, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID AND PAYABLE BY THE CUSTOMER FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED US DOLLARS (US$100).
These limits do not apply to the Customer’s obligation to pay fees, to a party’s indemnification obligations, to a breach of section 5 (Prohibited data and acceptable use), or to liability that cannot be limited under applicable law.
By us. We will defend the Customer against any third-party claim alleging that the Service, as provided by us, infringes that party’s intellectual property rights, and pay the resulting damages finally awarded or agreed in settlement. This does not apply to claims arising from Customer Data, third-party services, or use of the Service in breach of these Terms. If the Service is or may be subject to such a claim, we may modify it, obtain the right for the Customer to keep using it, or end the affected subscription and refund prepaid fees for the remaining period.
By the Customer. The Customer will defend us against any third-party claim arising from Customer Data, including data provided in breach of section 5, or from the Customer’s use of the Service in breach of these Terms, and pay the resulting damages finally awarded or agreed in settlement.
The party seeking defense must notify the other promptly, give it control of the defense and settlement, and provide reasonable cooperation. No settlement that imposes an obligation on the defended party may be made without its consent.
These Terms apply from the time you first use the Service until all subscriptions have ended and the account is closed. The Customer may close its account at any time. Either party may terminate these Terms if the other materially breaches them and does not cure the breach within 30 days of written notice.
We may suspend access immediately if it is reasonably necessary to prevent harm to the Service, other customers or third parties, or to comply with law, and we will tell you why and restore access once the issue is resolved.
After termination, the Customer may export its results for 30 days, after which we delete Customer Data as described in our Privacy Policy. Sections that by their nature should survive — including Customer Data, confidentiality, disclaimers, limitation of liability, indemnification, governing law and unpaid fees — survive termination.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Before filing a claim, each party agrees to try to resolve the dispute informally by written notice and good-faith discussion for at least 30 days.
Any dispute that is not resolved informally will be brought exclusively in the state courts located in Montgomery County, Texas, or the federal courts for the Southern District of Texas, and each party consents to the jurisdiction of those courts. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.
We may update these Terms as the Service changes. We will post the updated Terms here and change the effective date, and we will notify account Owners by email or in the app at least 30 days before a material change takes effect. Changes do not apply retroactively. Continuing to use the Service after a change takes effect means the Customer accepts it; if it does not, it may cancel before then.
Questions about these Terms: hello@countlift.com. First Byte, The Woodlands, Texas, United States.