Version 2.1.0 • Effective June 1, 2026
These Terms of Service (the "Terms") govern your access to and use of the websites, applications, APIs, and services made available by Shako Statistics LLC, a Wyoming limited liability company ("Shako Stats," "we," "us," or "our"), at https://shakostats.com and any related subdomains (collectively, the "Service").
By creating an account, clicking "I agree," accessing the Service, or otherwise indicating your acceptance of these Terms, you ("Customer," "you," or "your") agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization, and "Customer" refers to that organization.
If you do not agree to these Terms, do not use the Service.
These Terms include a binding individual arbitration provision and a class action waiver in Section 16. You may opt out of arbitration within 30 days of your first acceptance — see Section 16.5.
The Service is a software-as-a-service platform for designing, executing, and analyzing marketing measurement experiments — including geo-based incrementality tests, media mix models, forecasts, and related statistical analyses. You upload marketing performance data; the Service applies statistical models to produce Output you can use to inform marketing decisions.
Subject to your compliance with these Terms and timely payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your internal business purposes during the term of your subscription.
We may modify, add to, or remove features of the Service at any time. We will use commercially reasonable efforts not to materially degrade core features without notice, but the Service is under active development and we do not guarantee that any specific feature will remain available.
The Service is provided over the public internet and is dependent on third-party hosting and connectivity providers. We do not guarantee any specific level of availability, uptime, or performance. The Service is not intended to be available 100% of the time.
You must be at least 18 years old and capable of forming a binding contract under applicable law to use the Service. The Service is intended for business use; it is not directed at children.
You agree to provide accurate, current, and complete information when creating your Account, and to keep that information up to date. We may use information you provide (including from Google OAuth, if used) to verify your identity and eligibility.
You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your Account, whether or not authorized by you. You must notify us immediately at info@shakostats.com if you suspect any unauthorized use of your Account.
We may suspend or terminate your Account or access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, your use poses a security or legal risk, or as otherwise permitted by these Terms. We are not liable to you or any third party for any suspension or termination made in good faith.
Your use of the Service is also subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Without limiting that policy, you agree not to:
We may investigate any suspected violation and may, in our reasonable discretion, suspend or terminate your access. Repeated or material violations may also result in referral to law enforcement.
As between you and us, you retain all right, title, and interest in and to Customer Data. We claim no ownership of Customer Data.
You grant us a non-exclusive, worldwide, royalty-free license to host, store, transmit, copy, process, and display Customer Data solely as necessary to provide the Service to you, to support your use of the Service, and to comply with our legal obligations. Subprocessors we use to operate the Service may receive Customer Data under this license; see our Privacy Policy and Subprocessor List.
You are solely responsible for the legality, accuracy, completeness, and quality of Customer Data, and for ensuring you have all rights, consents, and authorizations required to upload Customer Data to the Service. You should not upload personal information (including names, email addresses, or other directly identifying information) unless you have a lawful basis to do so and have hashed or otherwise pseudonymized that data prior to upload.
Uploaded Customer Data files (including CSVs, XLSX, and parquet datasets) are automatically deleted two (2) years after upload. Account-level metadata (test configurations, results summaries, audit logs) may be retained longer as described in our Privacy Policy. You may also request deletion at any time by emailing info@shakostats.com.
We use commercially reasonable backup practices but do not guarantee the integrity, recoverability, or continued availability of Customer Data. You are responsible for maintaining your own copies of any Customer Data that is important to you. To the maximum extent permitted by applicable law, Shako Stats has no liability for any loss, corruption, deletion, alteration, or unavailability of Customer Data or Output, however caused, including loss caused by hardware failure, software failure, security incident, third-party subprocessor failure, or operator error, and any liability we may have for the same is subject to Sections 12 and 13.
This is an important section. Read it carefully.
The Output produced by the Service is a statistical estimate generated by mathematical models. Confidence intervals, lift estimates, p-values, posterior distributions, attribution, forecasts, and all other quantitative results are probabilistic in nature. They are not guarantees, predictions of fact, or assurances of future performance.
We make no representation or warranty that any Output will be accurate, complete, replicable, free from error, or fit for any particular purpose. Results depend heavily on the quality, completeness, and representativeness of the Customer Data you upload, on assumptions built into the models, and on factors outside the Service's control.
Output is provided for informational purposes only and does not constitute legal, financial, tax, marketing, business, or any other professional advice. You should not rely on Output as the sole basis for any business decision.
You are solely responsible for any decision you make using the Output, including but not limited to advertising spend, budget allocation, channel mix, market entry, customer targeting, or any other business action. Shako Stats has no liability for any business outcome — including lost revenue, lost profits, wasted ad spend, missed opportunity, or any other loss — resulting from your use of or reliance on the Output.
To the maximum extent permitted by applicable law, you knowingly and voluntarily assume all risk arising from your access to and use of the Service and any reliance on the Output, including without limitation business risk, financial risk, market risk, competitive risk, reputational risk, and the risk that Customer Data is inaccurate, incomplete, biased, stale, or unrepresentative. You acknowledge that statistical models, including those used by the Service, may produce results that are inaccurate, misleading, or contrary to actual outcomes, and that such results are an inherent and accepted feature of statistical inference.
You agree that you will exercise your own independent business judgment, and where appropriate consult qualified professionals (legal, financial, tax, accounting, marketing, regulatory, or other), before taking any action based on Output. You will not rely on Output as the sole or primary basis for any business decision. You will not represent to any third party — including investors, lenders, regulators, auditors, customers, or the public — that Output constitutes a guarantee, certification, audited result, expert opinion, or assurance of accuracy.
The Service and Output are not designed or intended to satisfy any legal, regulatory, audit, or evidentiary standard, including without limitation: advertising substantiation under 15 U.S.C. § 45 or comparable foreign consumer-protection law; claims regulated by the U.S. Federal Trade Commission, the U.S. Food and Drug Administration, the U.S. Securities and Exchange Commission, or any state attorney general; financial reporting under U.S. GAAP, IFRS, or SOX; tax filings; clinical, medical, scientific, or actuarial standards; the EU Digital Services Act, EU AI Act, UK Online Safety Act, or comparable obligations; or any other use that requires audited, certified, or independently verified accuracy. You are solely responsible for any claim, statement, disclosure, or representation you make to any third party or regulator that incorporates, references, or is based on Output, and for the accuracy and substantiation of any such claim under applicable law.
The Service may incorporate or rely on data, software, or models provided by third parties (including, without limitation, geographic, demographic, holiday, weather, population, or census data, open-source statistical libraries, and cloud-provider services). We make no representation or warranty as to the accuracy, completeness, currency, or fitness of any third-party data or inputs, and we are not liable for any error, omission, or change in third-party data or services. Customer Data quality is your responsibility under Section 5.3.
We may create Aggregated Data and use it for any lawful purpose, including improving our statistical models, generating industry benchmarks, conducting research and development, and producing public reports. Aggregated Data is de-identified and combined across customers such that no individual, organization, or Customer Data can be identified or re-identified.
We do not sell Customer Data. We do not use identifiable Customer Data to train artificial intelligence or machine learning models. We do not share identifiable Customer Data with third-party AI or model providers.
The Service, including all software, models, statistical algorithms (including our proprietary geographic split-test design algorithm), user interface, documentation, trademarks, logos, and all related intellectual property, is owned by Shako Stats or its licensors. Except for the limited access right granted in Section 2.2, no rights or licenses are granted to you, expressly or by implication.
If you provide suggestions, comments, ideas, or feedback regarding the Service ("Feedback"), you grant us a perpetual, worldwide, royalty-free, irrevocable, sublicensable license to use that Feedback for any purpose without obligation or compensation to you.
We may identify you as a customer and use your name and logo in customer lists on our website and in marketing materials. You may opt out by emailing info@shakostats.com.
The Service may be offered with a free tier (including early access). Paid subscriptions are billed in advance, monthly or annually, through Stripe, our payment processor. By providing payment information, you authorize us (and Stripe) to charge that payment method for all applicable fees.
Except as expressly stated in an Order or required by law, all fees are non-refundable. We do not issue refunds for partial billing periods, unused features, or periods of inactivity.
Fees are exclusive of taxes. You are responsible for all sales, use, value-added, and other taxes (other than taxes on our net income).
Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
We may change pricing on notice (which may be by email or in-product). Price changes apply at the start of your next renewal term.
Each party (the "Receiving Party") may receive non-public information of the other (the "Disclosing Party") that is marked confidential or that a reasonable person would understand to be confidential (the "Confidential Information"). Our Confidential Information includes the Service's source code, models, algorithms, pricing, and any non-public technical information. Customer Data is your Confidential Information.
The Receiving Party will (a) use Confidential Information only as needed to perform under these Terms, (b) protect it with at least the same degree of care it uses for its own confidential information of like importance (and not less than reasonable care), and (c) not disclose it to third parties except to its employees, contractors, and advisors who have a need to know and are bound by confidentiality obligations at least as protective as these.
Confidentiality obligations do not apply to information that is or becomes public without breach of these Terms, was rightfully known prior to disclosure, was independently developed, or is rightfully obtained from a third party without confidentiality restriction. A Receiving Party may disclose Confidential Information as required by law or court order, provided it gives the Disclosing Party reasonable advance notice (where legally permitted).
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
THE SERVICE, INCLUDING ALL OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHAKO STATS AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SUBPROCESSORS (COLLECTIVELY, THE "SHAKO PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, THE SHAKO PARTIES DO NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE OUTPUT WILL BE ACCURATE, RELIABLE, COMPLETE, REPRODUCIBLE, OR FIT FOR ANY PARTICULAR PURPOSE, (C) THE SERVICE WILL BE SECURE OR FREE FROM LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS, (D) ANY DEFECTS WILL BE CORRECTED, OR (E) THE SERVICE OR ITS OUTPUT IS APPROPRIATE FOR ANY REGULATED, AUDITED, OR EVIDENTIARY USE.
THE SERVICE IS OPERATED FROM THE UNITED STATES AND IS DIRECTED AT BUSINESS USERS. WE MAKE NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR LAWFUL FOR USE OUTSIDE THE UNITED STATES. THOSE WHO ACCESS THE SERVICE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN INITIATIVE, AT THEIR OWN RISK, AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR WARRANTIES ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY (AND, IN THE CASE OF SHAKO STATS, ANY OF THE SHAKO PARTIES) BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, LOST BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, WASTED ADVERTISING SPEND, REGULATORY FINES OR PENALTIES INCURRED BY YOU, OR COST OF SUBSTITUTE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE SHAKO PARTIES, COLLECTIVELY, ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, THE SERVICE, OR ANY OUTPUT, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO SHAKO STATS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). MULTIPLE CLAIMS WILL NOT EXPAND THIS CAP.
Sections 13.1 and 13.2 do not limit (a) either party's payment obligations, (b) your indemnification obligations under Section 14, (c) liability for gross negligence, fraud, or willful misconduct, (d) liability for infringement or misappropriation of the other party's intellectual property, or (e) any liability that cannot be limited or excluded under applicable law (including, in some jurisdictions, liability for death or personal injury caused by negligence, or for certain consumer-protection rights). In jurisdictions that do not allow the exclusion or limitation of certain damages, the Shako Parties' liability is limited to the maximum extent permitted by applicable law.
You acknowledge that the limitations in this Section 13 are an essential element of the bargain between the parties, that the fees charged for the Service reflect this allocation of risk, and that we would not enter into these Terms or provide the Service without them.
The disclaimers in Section 12 and the limitations of liability in this Section 13 are intended to benefit, and are enforceable by, each of the Shako Parties as third-party beneficiaries of these Terms. Notwithstanding Section 17.7, this Section 13.5 may be enforced by any Shako Party.
You will defend, indemnify, and hold harmless Shako Stats and its officers, directors, employees, and agents from and against any and all third-party claims, actions, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer Data, including any claim that Customer Data violates law or third-party rights; (b) your or your Authorized Users' use of the Output, including any business decision made in reliance on it; (c) your breach of these Terms (including the Acceptable Use Policy); (d) your violation of applicable law; or (e) your gross negligence or willful misconduct.
We will defend you against any third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes a U.S. patent, copyright, trademark, or trade secret, and we will pay damages finally awarded against you (or amounts agreed in settlement) for such claim. This obligation does not apply to claims arising from (i) Customer Data, (ii) your modification of the Service, (iii) your combination of the Service with anything not provided by us, or (iv) your use of the Service in violation of these Terms or the Documentation. If we believe the Service may infringe, we may, at our option and expense, modify the Service, obtain a license, or terminate your access and refund any pre-paid unused fees. This Section 14.2 states our sole liability and your sole remedy for any infringement claim.
The indemnified party will (a) promptly notify the indemnifying party of the claim, (b) give the indemnifying party sole control of the defense and settlement (provided no settlement admits fault or imposes obligations on the indemnified party without its consent), and (c) provide reasonable cooperation at the indemnifying party's expense.
These Terms apply from your first use of the Service and continue until terminated.
You may terminate at any time by closing your Account or emailing info@shakostats.com.
We may terminate or suspend your access immediately if you breach these Terms, fail to pay fees, pose a security or legal risk, or for any reason on 30 days' notice.
On termination, your right to access the Service ends. You may export Customer Data through the Service prior to termination. On written request received within 30 days after termination, we will make Customer Data available for export in a commonly used format. After 30 days, we may permanently delete Customer Data. Aggregated Data, audit logs, and records required for legal, tax, or accounting purposes may be retained as described in our Privacy Policy.
Sections 5.1 (your data ownership), 7 (Aggregated Data), 8 (IP), 10 (Confidentiality), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15.4 (Effect of Termination), 16 (Dispute Resolution), and 17 (Miscellaneous) survive termination.
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before initiating arbitration, the parties will attempt to resolve any dispute informally for at least 30 days. Either party may give written notice of a dispute to the other (to info@shakostats.com if to us, or to the email associated with your Account if to you), describing the dispute and proposed resolution.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator. The seat of arbitration is Wyoming, USA, although hearings may be held remotely. Judgment on the award may be entered in any court of competent jurisdiction.
The parties waive any right to participate in a class action, collective action, or representative proceeding. All claims must be brought in the parties' individual capacity. The arbitrator may not consolidate claims or preside over any class or representative proceeding.
You may opt out of Sections 16.3 and 16.4 by sending written notice to info@shakostats.com within 30 days of your first acceptance of these Terms. The notice must include your name, the email associated with your Account, and a clear statement that you are opting out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Wyoming.
Either party may bring an action for injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights, confidentiality, or to prevent unauthorized use of the Service. Small-claims-court actions may also proceed in court.
Any claim must be brought within one (1) year after the cause of action arises or be permanently barred, to the extent permitted by law.
These Terms, together with the Privacy Policy, the Acceptable Use Policy, the Subprocessor List, and any Order, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
We may modify these Terms from time to time. Material changes will be communicated by email or in-product notice and will take effect no sooner than 30 days after notice. Non-material changes take effect on posting. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree, you must stop using the Service.
Notices to us must be sent to info@shakostats.com. Notices to you may be sent to the email associated with your Account or posted in the Service. You consent to receive notices electronically.
Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, fire, flood, earthquake, labor disputes, internet or telecommunications failures, failures or outages of third-party hosting providers (including Google Cloud Platform), denial-of-service attacks, and supply chain disruptions.
You may not assign these Terms without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. Any attempted assignment in violation of this section is void.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
There are no third-party beneficiaries of these Terms.
If any provision of these Terms — including any disclaimer, limitation of liability, indemnity, arbitration clause, class action waiver, or governing-law selection — is held invalid, illegal, or unenforceable in any jurisdiction by a court or arbitrator of competent jurisdiction, that provision will be (a) reformed to the minimum extent necessary to make it enforceable while preserving the parties' original intent, or, if reformation is not possible, (b) severed from these Terms solely with respect to that jurisdiction. The remaining provisions, and the same provisions in other jurisdictions, will remain in full force and effect. Where any provision of these Terms is unenforceable as applied to a consumer or other protected user under the mandatory law of that user's home jurisdiction (including, without limitation, the European Union, the United Kingdom, Canada, Australia, or any other jurisdiction with non-waivable consumer-protection law), that provision applies only to the maximum extent permitted by such law, and the user retains all non-waivable rights granted by such law.
Failure to enforce any right under these Terms is not a waiver of that right.
You will comply with all U.S. and applicable foreign export, re-export, and sanctions laws (including OFAC). You represent that you are not on any U.S. government denied-party list and are not located in or a national of any country subject to comprehensive U.S. sanctions.
The Service is "commercial computer software" as defined in 48 C.F.R. 12.212. U.S. Government users acquire only those rights granted to other customers under these Terms.
You consent to transact electronically and agree that electronic signatures, acceptances, and records satisfy any legal requirement that a record be in writing or signed.
If you believe content on the Service infringes your copyright, you may send a notice under the Digital Millennium Copyright Act to our designated agent at info@shakostats.com, including:
We may terminate the access of users we determine to be repeat infringers.
Questions about these Terms can be sent to info@shakostats.com.
Shako Statistics LLC 30 N Gould St Ste R Sheridan, WY 82801 USA