Terms of service

These terms are the agreement between you and Common Equity LLC for your use of ordermetrics, a Mac app for commerce analytics, together with its optional online features and this website. They explain what you may do with the app, what you are responsible for, and the limits of what we promise. How we handle information is described in our privacy policy.

Agreement and who we are

ordermetrics is made and operated by Common Equity LLC, of Incline Village, Nevada, United States. In these terms, "we", "us" and "our" mean Common Equity LLC. "You" means the person who installs or uses ordermetrics, and the business that person acts for, if any.

By installing or using ordermetrics, or by using its optional online features, you agree to these terms. If you use ordermetrics for a business, you agree to these terms on behalf of that business and confirm that you are authorized to do so. If you do not agree, do not install or use the app.

You must be able to form a binding contract where you live. ordermetrics is a business tool and is not directed to anyone under 16.

These terms also apply when you visit this website. The website is provided for information about ordermetrics.

The app and your license

ordermetrics is a Mac app for commerce analytics. It brings together data from your stores, ad accounts, payments, shipping and other business tools, and shows you profit and other figures across them. It is local-first: the app and your data run on your own Mac.

Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use ordermetrics on Macs that you own or control, for your personal use or for the internal business purposes of you or the business you act for. The app is licensed to you, not sold. If a paid plan you buy sets limits, such as a number of users or Macs, those limits apply.

We may release updates that fix problems, keep connections working when a provider changes, or add, change or remove features. Some connections may stop working on older versions, so we recommend installing updates when they are offered. These terms apply to updates unless an update comes with its own terms.

We are not obliged to provide support or maintenance. If you email us at hello@ordermetrics.com, we will try to help.

Your accounts, your computer and your credentials

To use ordermetrics, you connect accounts you hold with other services, such as your store, your ad accounts and, if you choose, your ChatGPT account. You are responsible for those accounts. In particular:

• You must only connect accounts that you own or are authorized to connect, and you must have the right to let ordermetrics read their data. If you connect a client's or employer's accounts, you are responsible for having their permission.
• You must follow the terms of each service you connect.
• Your connected data can include information about your customers. You remain responsible for that information under the privacy laws that apply to you, including any notices you give your customers. That information is stored on your Mac and used to show you your own analytics, including matching records about the same customer across the services you connect.

Access tokens and keys for your connections are stored on your Mac. You are responsible for the security of your Mac and of your macOS user account. Anyone who can use your Mac account may be able to see your ordermetrics data and use your connections. Keep your Mac locked when you are away and keep its software up to date. If you think a connected account has been compromised, revoke the app's access at the provider and change your credentials there.

Your data lives on your Mac, so we cannot restore it if it is lost. Keep your own backups. Most data can be downloaded again from your providers, but some providers keep only a limited history.

If you create an account or buy a license from us, keep the details you give us accurate and keep any sign-in details for it private.

Your data

The data you connect stays yours. These terms do not give us ownership of it or a license to use it.

Your orders, products, ad spend, payouts and other business data are downloaded directly from each provider to your Mac and stored there in the app's data folder. In normal operation we do not receive, store or see this data.

Apart from the app's requests to your providers, information leaves your Mac only:

• when you use a feature that needs it, such as the assistant or an optional online feature;
• for a few providers, when the result of a sign-in passes through our hand-off service, as described under third-party services;
• when you send us something, such as a support email or a diagnostic report.

Our privacy policy explains what information we handle and why. Our data deletion page explains how to delete your data and revoke access.

Third-party services

ordermetrics works with services run by other companies. These include the providers you connect, such as Shopify, Google, Meta and others, and OpenAI, which powers the optional assistant through your own ChatGPT account. Your use of each of these services is governed by that company's own terms and privacy policy, not by these terms.

We do not control these services. A provider may change how its service works, limit the data it makes available, or end access for apps like ordermetrics. When that happens, a connection may stop working or a figure may change, sometimes without warning. We are not responsible for the availability of third-party services, for the accuracy of the data they provide, or for any fees they charge you.

When you connect a source, you sign in on the provider's own sign-in or consent page. For a few providers, the sign-in may pass through a small service we operate to complete the hand-off. That service passes the result to the app and is not used to store your business data. The connectors that read your data are open-source software that runs on your Mac.

For your Shopify and other store data, your Meta ad accounts and the Google data you choose to connect, ordermetrics requests read-only access to what it needs for your analytics. Our use of information received from Google APIs is described in our privacy policy, including our commitment to Google's Limited Use requirements.

The assistant and its output

ordermetrics includes an assistant that builds views and answers questions about your data. Using it is optional. It runs through your own ChatGPT account, which you sign in to from the app. When you use it, the app sends OpenAI your request and the context needed to answer it. That context can include the structure of your data, the names of your sources and stores, and data from the sources you have connected. OpenAI handles that content under the terms of your ChatGPT account. If you do not want this context sent to OpenAI, do not use the assistant.

The assistant's answers and views are generated automatically. They can be wrong, incomplete or out of date, even when they sound certain. Check them against your source data before you rely on them. You are responsible for how you use the assistant's output. We do not control OpenAI's models, availability or usage limits.

Not professional advice

The figures ordermetrics shows, such as profit, margins, ad returns and forecasts, are for information only. They are estimates built from the data your providers supply and the settings you choose, such as costs, fees, currency conversions, time zones and attribution. Providers can report late, revise their data or report it differently from one another.

ordermetrics does not give accounting, tax, legal or financial advice, and it is not a book of record. Verify figures against your own records before you rely on them, for example before you file taxes, pay anyone, or make an important business decision. For those decisions, rely on your books and on a qualified accountant or adviser.

Optional online features

Some features need a small hosted service that we operate, for example alerts that reach you while your Mac is closed, which are hosted on Google Cloud. These features are off unless you turn them on. When you turn one on, the app tells you what information it needs, and only that information leaves your Mac. For an alert, that is the rule you set and the figure it reports. You can turn these features off at any time.

We may change, limit or stop these services. Alerts and other online features can be late or fail to arrive, so do not rely on them as your only warning of something important.

Paid plans

We may offer paid plans for ordermetrics. If you buy one, the price, billing period, renewal terms, and any trial, cancellation or refund terms will be shown to you before you buy, and they form part of these terms. Any applicable taxes will be shown at purchase, and you are responsible for paying them.

Payments are handled by a third-party payment processor under its own terms.

If we change the price of a plan that renews, we will tell you before the new price applies, and you can cancel before it does. If a paid plan ends or is not paid, the features it covers may stop working. The data on your Mac stays on your Mac.

Acceptable use

You agree not to:

• use ordermetrics in a way that breaks the law or the terms of a service you connect;
• connect accounts, or access data, that you are not authorized to access;
• get around a provider's security, access limits or rate limits;
• sell, resell, rent, sublicense or distribute ordermetrics, or offer it to others as a hosted service;
• copy, modify, decompile or reverse engineer ordermetrics, except as allowed by an open-source license that applies to a component or by law that cannot be overridden by contract;
• remove or change copyright, trademark or license notices in the app;
• interfere with, overload or try to gain unauthorized access to our hosted services, including the sign-in service and optional online features;
• use ordermetrics to process personal data in breach of privacy or data protection laws; or
• use ordermetrics to build a competing product by copying its features, design or code.

If you break these rules, we may suspend or end your license and your access to our hosted services, as described under termination.

Our intellectual property and open-source components

ordermetrics, its design, its name and logo, and this website belong to Common Equity LLC or its licensors and are protected by intellectual property laws. Apart from the license in the app and your license, these terms do not give you any rights in them. We keep all rights not expressly granted.

ordermetrics includes open-source software, including the connectors that read your data. Each open-source component is licensed under its own license. Where that license gives you rights that these terms would otherwise limit, the open-source license applies to that component. The license terms for these components are provided with the app or on request.

Feedback

If you send us ideas, suggestions or other feedback about ordermetrics, we may use them to improve our products without paying you or owing you anything. Please do not include confidential information in feedback. Sending feedback does not give us any rights in your business data.

Disclaimers of warranty

To the extent the law allows, ordermetrics, its optional online features and this website are provided "as is" and "as available", without warranties of any kind. We disclaim all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, accuracy and non-infringement.

We do not promise that ordermetrics will be free of errors or interruptions, that its figures or the assistant's output will be accurate or complete, that any connection will keep working, or that your data will not be lost or damaged.

Some places do not allow certain warranties to be excluded. If you live in one of them, some of these exclusions may not apply to you.

Limitation of liability

To the extent the law allows, Common Equity LLC and its members, managers, employees, agents and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or related to ordermetrics, its online features, this website or these terms. This applies whatever the legal theory, including contract, tort (including negligence) and statute, and even if we were told such damages were possible.

To the extent the law allows, our total liability for all claims arising out of or related to ordermetrics, its online features, this website or these terms is limited to the greater of the fees you paid us for ordermetrics in the 12 months before the claim arose and USD 100.

Nothing in these terms excludes or limits liability that cannot be excluded or limited by law, such as liability for fraud, or for death or personal injury caused by negligence. Some places do not allow certain limitations of liability, so some of these limits may not apply to you.

These limits reflect how ordermetrics works: it runs on your own Mac, keeps your data there, and reads that data from services we do not control.

Indemnity

To the extent the law allows, you will defend and indemnify Common Equity LLC and its members, managers, employees and agents against third-party claims, and the losses, damages and costs (including reasonable attorneys' fees) that result from them, to the extent they arise from:

• your connecting or using accounts or data that you were not authorized to connect or use;
• your breach of these terms or of the terms of a service you connect;
• your breach of any law or of anyone else's rights, including your customers' privacy rights; or
• your use of figures or assistant output from ordermetrics.

We will tell you promptly about any such claim. We may choose to control the defense of the claim, and you agree to cooperate with us. You may not settle a claim in a way that places obligations on us without our written agreement.

Termination and what survives

You can stop using ordermetrics at any time. To do so, delete the app and, if you wish, its data folder, and revoke its access at each provider. Our data deletion page explains how. Paid plans are cancelled under the terms shown at purchase.

We may suspend or end your license, or your access to our hosted services, if you seriously or repeatedly break these terms, if we must do so by law, or if we stop offering ordermetrics. Where it is practical, we will give you notice first.

When your license ends, you must stop using ordermetrics and delete it. The data on your Mac remains yours, and deleting it is up to you.

The following sections continue to apply after these terms end: your data, not professional advice, paid plans (for amounts owed), our intellectual property and open-source components, feedback, disclaimers of warranty, limitation of liability, indemnity, this section, governing law and venue, and general.

Changes to the app and to these terms

ordermetrics will change over time. We may add, change or remove features, and providers may change what their services allow.

We may update these terms. When we do, we will post the new version at ordermetrics.com/terms with a new effective date. If a change is significant, we will give you reasonable notice before it takes effect, in the app or by email if we have your address. Changes do not apply to disputes that arose before they took effect. If you keep using ordermetrics after a change takes effect, you accept the updated terms. If you do not accept them, stop using the app.

Governing law and venue

These terms are governed by the laws of the State of Nevada, United States, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or related to these terms or ordermetrics will be brought only in the state or federal courts located in Washoe County, Nevada, and you and we consent to the personal jurisdiction of those courts. Either of us may still ask any competent court for urgent relief to stop the misuse of intellectual property.

If you use ordermetrics as a consumer, nothing in these terms takes away rights you have under the mandatory consumer protection laws of the place where you live, including any right to bring a claim in your local courts.

Before bringing a claim, please email us at hello@ordermetrics.com so we can try to resolve it informally.

General

Entire agreement

These terms, our privacy policy and any terms shown to you when you buy a paid plan are the whole agreement between you and us about ordermetrics. They replace any earlier agreement on the same subject.

Severability

If a court finds part of these terms unenforceable, that part will be enforced to the extent possible and the rest of these terms will remain in effect.

No waiver

If we do not enforce a part of these terms, that does not mean we give up the right to enforce it later.

Assignment

You may not transfer your rights or obligations under these terms without our written agreement. We may transfer ours in connection with a merger, acquisition, reorganization or sale of assets, or to an affiliate, and we will tell you if we do.

Other terms

We are not responsible for delays or failures caused by events beyond our reasonable control, including outages at providers or hosting services. You must comply with the export control and sanctions laws that apply to your use of ordermetrics. These terms do not give rights to anyone other than you and us. Headings are for convenience only, and "including" means "including without limitation".

Contact

Questions about these terms can be sent to:

Common Equity LLC, 770 Mays Blvd, Incline Village, NV 89451, United States. Email: hello@ordermetrics.com. Website: ordermetrics.com.