Matomo Marketplace Terms and Conditions

Last Updated: 10 June 2024 

Welcome to the Matomo Marketplace available on https://plugins.matomo.org/ or https://shop.matomo.org/my-account/ (collectively the “Matomo Marketplace”, formerly the “Piwik Marketplace”), an online marketplace for on-demand applications and downloadable software applications (“Matomo Marketplace Plugins”) that interoperate with applicable Matomo Analytics platform (as defined below).  

These Matomo Marketplace Terms and Conditions (“Terms”) govern your access to and the use of the Matomo Marketplace and Matomo Marketplace Plugins. By accessing or using the Matomo Marketplace, you agree to be bound by these Terms, which you acknowledge represents a binding agreement between you and InnoCraft Ltd, a New Zealand company (Reg. No. 6106769) (“InnoCraft”).  

If you are agreeing to these Terms on behalf of a company or other organisation, you represent that you have the authority to bind that company or organisation to these Terms, and the terms “you” and “your” will refer to that company or organisation.  

If you do not have that authority, or if you do not agree with these Terms, you may not access or use, and you must leave the Matomo Marketplace. 

IF YOU USE THE MATOMO MARKETPLACE, INCLUDING ANY ASSOCIATED MATOMO MARKETPLACE PLUGINS, YOU WILL BE BOUND BY THESE TERMS.  

1. The Matomo Marketplace

a. Plugins. In the Matomo Marketplace, you can access, browse, purchase and/or download Matomo Marketplace Plugins (“Plugins”, each a “Plugin”). Plugins include any software, content, services, technology, data and other digital materials included in or made available through a Plugin that you download or use via the Matomo Marketplace (including after downloading). Plugins also include any updates, upgrades and other changes thereto and any versions thereof that you later use or download from the Matomo Marketplace. 

b. InnoCraft Plugins. InnoCraft may develop Plugins and publish them on Matomo Marketplace (“InnoCraft Plugins”), either at no charge or for a fee (the for-fee InnoCraft Plugins are referred to as “Premium Plugins“). A current list of Premium Plugins is available at: plugins.matomo.org/premium and all InnoCraft Plugins are listed here: https://plugins.matomo.org/developer/matomo-org.

c. Third-Party Plugins. Most of the Plugins available on the Matomo Marketplace are developed, published and licensed to you by third parties for free, each such third party referred to in these Terms as “Third Party” and Plugins developed by them as “Third-Party Plugin(s)”. For clarity, all Third-Party Plugins are still “Plugins” for purposes of these Terms, except where the Terms expressly apply to InnoCraft Plugins or Premium Plugins only.

d. Support Plan Services. The annual renewable support plan services provided by InnoCraft in relation to Premium Plugins, are not governed by these Terms and are subject to separate Support Plan Services Terms and Conditions.  

2. Using and Downloading Plugins

a. Accessing Plugins. To access or purchase Plugins, you will need to create a Matomo Marketplace Account (“Account”). You are responsible for the confidentiality and security of your login credentials and for all activities that occur under your Account. After you order a Plugin and pay any corresponding fees to InnoCraft (if applicable), you may use and/or download the Plugin for your use on a device on which you have installed (or otherwise access) the Matomo Analytics Platform (formerly Piwik Analytics Platform) (the “Platform”), with which the Plugin is designed to interoperate. The Plugins are licensed for use only in conjunction with the Platform and on devices that also have the Platform installed (or through which the Platform is otherwise accessed).

b. Third-Party Plugins. Notwithstanding anything to the contrary in these Terms, and without limiting Section 6(c) Warranty Disclaimer) below, you acknowledge and agree that:

(1) You must use your own discretion when you obtain Third-Party Plugins through the Matomo Marketplace or go to the Third Party or other third-party websites, and you should read the terms and conditions and privacy policies of the Third Party or other third parties before downloading and using the Third-Party Plugin or any third-party plugins; and  

(2) InnoCraft does not own or control any Third Party’s or third party’s websites or any Third-Party Plugin or any third-party plugins, and you will not hold us responsible or liable for any such website (including its content, terms and conditions, privacy policy, or anything else) or for the Third-Party Plugin or any other third-party plugins or their content, under any circumstances.  

3. Plugin Use and Restrictions

a. EULA: This section sets out which end user license agreements (“EULA”) apply to the Plugins in addition to these Terms. 

b. InnoCraft EULA: The licensing of all Premium Plugins available on Matomo Marketplace (including free trials of the Premium Plugins) is governed by the InnoCraft’s End User License Agreement located at https://innocraft.com/license (the “InnoCraft EULA”). By downloading or using Premium Plugins, you agree to be bound by the InnoCraft EULA. InnoCraft EULA does not apply to free, non-Premium, InnoCraft Plugins, the licensing of which is described in Section 3(c).

c. Plugin EULA. Except for the Premium Plugins described in Section 3(b), the licensing of all other Plugins available on Matomo Marketplace is governed by the EULA terms referenced on the relevant Plugin page and the Plugin files. It is a requirement for distribution of the Third-Party Plugins via the Matomo Marketplace, that the Third-Party Plugin EULA be compatible with the GNU GPL-3.0 or later.

d. Parties to EULA. The party listed as publisher of the Plugin on the Matomo Marketplace (“Publisher”), either InnoCraft (Matomo) or a Third Party, is the licensor of the Plugin. The Publisher has the right to enforce the relevant EULA against you. If you do not want to comply with the applicable EULA for a Plugin, you must not download or use that Plugin. Except when InnoCraft is the Publisher of a Plugin, InnoCraft is not a party to the EULA in relation to any other Plugins available on Matomo Marketplace.

e. Copyright. The Plugins are protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated in the applicable EULA, Publisher or its licensors own all title, copyright and other intellectual property rights in the Plugin, and the Plugin is licensed to you directly by the Publisher, not sold.

f. Consent to Use Data. You agree that the Publisher may collect and use technical data and related information, including without limitation, technical information relating to your device, system, Plugin, that is gathered periodically to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the Plugin. The Publisher may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technology to you (including with respect to InnoCraft, the Matomo Marketplace and the Platform). Any information that Publisher collects from you or your device will be subject to the relevant EULA, privacy notice, or similar terms that the Publisher provides to you, and will not be subject to the InnoCraft Privacy Policy (unless InnoCraft is the Publisher).  

g. Third-Party Access to Your Data. If you evaluate and/or install Third-Party Plugins (all InnoCraft Plugins are found at https://plugins.matomo.org/developer/matomo-org), those applications may transmit your data outside of InnoCraft’s systems during normal use, and the Third Party may be able to obtain access to your data in the Platform through the applicable Matomo Analytics Platform’s application programming interface (API). Such access may result in the disclosure, modification or deletion of your data by those Third Party or the Third-Party Plugins. Further, a Third Party and its agents and partners may collect and use data pertaining to your configuration and/or use of the Third-Party Plugin(s). While we prohibit unauthorised data collection by Third-Party Plugins, it is the Client’s duty to ensure that the Third Party complies with relevant data protection laws and maintains appropriate security and privacy protections. InnoCraft Ltd is not liable for any Third-Party Plugin’s data practices, and Clients indemnify InnoCraft Ltd against such compliance failures. InnoCraft is not responsible for any transmission, collection, disclosure, modification, use or deletion of your data, as described in this paragraph, by or through Third-Party Plugins or Third Party.  Any information InnoCraft receives is subject to the Matomo Privacy Policy located at https://matomo.org/privacy-policy/. 

h. Compliance with Law and Reservation of Rights. You will use the Matomo Marketplace and Plugins in compliance with all applicable laws. Except for the rights explicitly granted to you in these Terms and in any applicable EULA for each Plugin, all right, title and interest in the Matomo Marketplace and the Plugins are reserved and retained by their respective providers, Publishers and rights holders. You do not acquire any ownership rights in the Matomo Marketplace or the Plugins as a result of downloading, installing or using the Matomo Marketplace or the Plugins.

i. Support and Maintenance of Plugins. For any support enquiries related Plugins please contact shop@matomo.org. While the support and maintenance of the Plugins are provided by the Publisher to the extent described in the EULA, we ensure that any support request or ticket that you create in the Matomo Marketplace system will be promptly forwarded to the Publisher. Please be aware that InnoCraft is not responsible for providing support and maintenance. Any failure of Publisher to provide support and maintenance will not entitle you to any refund of fees paid to InnoCraft for the applicable Plugin and/or support and maintenance.

j. Promotions/Special offers. When you purchase a fully paid-up license to Premium Plugin (“Rewarding Plugin”), as part of a promotion or a special offer, InnoCraft may grant you a license, free of charge, to another Premium Plugin (“Free License”). The Free License expires automatically when the license for the Rewarding Plugin expires. Once the Free License has ended, you will no longer receive any updates and will need to uninstall the Plugin subject to Free License, along with the Rewarding Plugin. The Free License may not be transferred to another user and the usage is restricted to the same single Matomo (or Piwik) instance where the Rewarding Plugin is installed. The same license, Terms, as well as any resulting restrictions apply to both the Rewarding Plugin and the Plugin covered by the Free License. 

InnoCraft has the right to end any promotions or special offers at any time. InnoCraft reserves the right to terminate the Free License and revoke access to a Plugin covered by the Free License at any time without prior notice. 

k. 30-day free trial. InnoCraft may offer 30-day free trials of InnoCraft Plugins (Trial). When you activate the Trial or submit an order for the Trial, you agree that at the end of the 30-day Trial period, your InnoCraft Plugin for-fee subscription(s) will automatically begin and will continue until you cancel your subscription as set out in clause 4(c). You authorise us to charge the recurring total annual subscription fee plus applicable sales tax to the credit card associated with your Account, commencing on the first renewal date. Your card will not be charged if you cancel the Trial before the end of the 30-day Trial period using the cancellation steps set out in clause 4(d) below. Only one Trial of each InnoCraft Plugin is permitted, per Account. We reserve the right to verify the eligibility of the Customer for the Trial. We reserve the right to terminate all Accounts associated with misuse of the Trials (e.g., by initiation of Trials in excess of the permitted limits using different accounts).

4. Fees

a. Payment. By purchasing a Plugin subscription (“Subscription”), you authorise InnoCraft to charge you the applicable Subscription fee (“Fee”), to your selected payment method immediately and on a pre-pay basis for the Subscription period indicated. All Subscription Fees are payable in advance. If you are purchasing Plugins via an Order Form, invoices issued under such Order Forms are payable within 30 (thirty) days of the date of the invoice, unless the Order Form or invoice state otherwise (in case of a conflict, due date stated on the invoice prevails). InnoCraft may suspend any aspect of the Plugin which you have not paid for, or for which the Subscription has expired or is not valid.

b. Automatic renewal. To avoid a potential disruption to your Subscriptions, we offer automatic renewal, and it is enabled by default for all purchases. Unless you cancel your Subscription before the end of the applicable period that you want to cancel, your Subscription will automatically renew, and you authorise InnoCraft to collect the then-applicable annual fee (which may change) for such Subscription (as well as any taxes that InnoCraft has the legal obligation to collect or pay) using any credit card or other payment mechanism we have on record for you. 

c. Cancelling Subscription. You may cancel a Plugin Subscription at any time by logging into your “My Account” on shop.matomo.org, selecting “Subscriptions” and cancelling the relevant Plugin Subscription. No refunds will be available for subscriptions cancelled before the expiry of an applicable Subscription period, accept as stated in section 4(d). 

d. 30-Day Refund Limit. You may only claim a refund of any Plugin Subscription Fees you have paid within 30 days of your purchase. Your use of the Plugin you are claiming a refund for may be terminated when you are refunded. Subscription Fees are non-refundable past the 30-day period.

5. Plugin Reviews

a. The Matomo Marketplace you can review Plugins you have used and comments on such reviews. For your contribution to be useful to other users: 

i. Post reviews and comments in good faith after reasonable evaluation of the full application.
ii. Post only one review per application, unless the later review reflects a good-faith rating change based on further evaluation.
iii. Reveal your affiliation if reviewing or commenting on your own or a competitor’s Plugin.
iv. InnoCraft reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the Matomo Marketplace.
v. The following content is prohibited: 

– unrelated to a Plugin review harmful, threatening, abusive, insulting, harassing or otherwise offensive or objectionable;
– false, fraudulent or misleading;
– that violates applicable law, including any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;
– that constitutes advertising or any other form of commercial solicitation; or
– that impersonates any other person or entity. 

6. RISK. WARRANTY DISCLAIMER. LIMITATION OF LIABILITY.

a. Risk. You accept all risks associated with using or relying on Matomo Marketplace and/or the Plugins. 

b. Indemnification. You agree to indemnify and hold InnoCraft and its subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of content you submit to or publish on the Matomo Marketplace, your use of the Matomo Marketplace or any Plugins, your violation of these Terms or any applicable EULA, or your violation of any rights of a third party.

c. Warranty Disclaimer. The Matomo Marketplace and Plugins are provided to you on ‘As Is” basis. InnoCraft does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, title, merchantability, fitness for a particular purpose or quality of (1) any Plugins (including without limitation any applications or content contained therein), regardless of who originated that content (including InnoCraft, and InnoCraft’s employees, partners, affiliates or moderators), and even if a Plugin complies with the Marketplace Guidelines, or (2) of Matomo Marketplace. To the fullest extent permitted by Governing Law, InnoCraft’s warranties are limited to those set out expressly in these Terms and all conditions, guarantees or warranties, whether expressed or implied by statute or otherwise are expressly excluded.  

d. Limitation of liability. To the fullest extent permitted by the Governing Law, InnoCraft   our affiliates, officers, directors, contractors and employees shall not be liable or responsible to you in any way for any losses or damage of any kind, arising out of, under, relating to or in connection with these Terms and this Agreement, whether in contract, tort (including negligence), equity or statue or otherwise (whether or not such losses or damage were foreseen or foreseeable), including for any loss of actual or anticipated profits, loss of revenue, loss of contract, wasted expenditure or anticipated savings, loss of opportunity, loss of goodwill, loss of or damage to or corruption of data, or costs of substitution, or any other direct, indirect,  consequential, special, exemplary, punitive or other losses or damages, even if advised of the possibility of such liability and notwithstanding any failure of essential purpose of any limited remedy.

e. Liability Cap. In the event that the limitation of liability set out in clause 6(d) is not enforceable, or where it would be illegal to exclude or attempt to exclude our liability, InnoCraft’s total aggregate liability under or arising out of  or in connection with this Agreement, regardless of the number of claims, related or not, is limited to amounts paid to InnoCraft by you under this agreement during the 12 months preceding the events first giving rise to the claim.

7. Termination

a. Termination by you. You can terminate your Subscription by following the cancellation steps set out in clause 4(c).

b. Termination by InnoCraft. We reserve the right to terminate or suspend your Account or Subscription immediately if you: 

i. breach any of these Terms or applicable EULA and do not remedy the breach within 14 days after receiving notice of breach;
ii. breach these Terms or applicable EULA in a way that cannot be remedied; or 
iii. fail to pay Subscription Fees due, where applicable.   

8. General

a. U.S. Government Users. If you are a U.S. Government end user, the Publisher is providing the Plugins to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights granted to you by the Publisher for the Plugins are the same as the rights the Publisher customarily grant to others under the EULA.

b. No waiver. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of InnoCraft’s rights. A waiver must be in writing and signed by the waiving party’s authorised representative. 

c. Amendments. InnoCraft may amend any of these Terms at its sole discretion by posting the Revised Terms on the shop.matomo.org website. Your continued use of the Matomo Marketplace or the Plugins after the effective date of the Revised Terms constitutes your acceptance of such Revised Terms.

d. Governing Law. These Terms are governed by the laws of New Zealand, and subject to the following sentence, the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New Zealand. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms.

e. Copyright takedown notice. If you are the copyright owner and believe that any content in the Matomo Marketplace infringes your copyright or is a breach of licence, please notify us by emailing legal@InnoCraft.com. For InnoCraft to take action, you must include the following in your notice:

i. confirm your identity and state that you are the copyright owner or that you are a duly authorised agent of the copyright owner whose work is being infringed;
ii. provide your physical or electronic signature;
iii. identify your or the copyright owner’s copyrighted work that you believe is being infringed, along with evidence of ownership;
iv. identify the item that you thinks is infringing and include sufficient information about where the material is located (including which website) so that we can find it; and
v. provide us with a way to contact you (such as address, telephone number, or email). 

f. Assignment. You may not assign or transfer the agreement formed by your agreeing to these Terms. InnoCraft may freely assign, transfer, and delegate its rights and obligations under these Terms. You acknowledge and agree that InnoCraft’s affiliates, contractors and service providers may exercise all rights of InnoCraft under these Terms.

g. Contact Information. 

If we need to communicate with you about your Account or Subscription, we will use the email address associated with your Account.  

If you want to contact us concerning these Terms, please email legal@innocraft.com.