In these Terms of Service, "mandera analytics", "we", "us", or "our" refers to mandera software GmbH. "Client", "you", or "your" refers to any individual or entity using mandera analytics services. The "Service" encompasses the mandera analytics platform and all associated services. The "Agreement" refers to these Terms of Service and any related agreements between mandera analytics and the client.
2.1 Privacy-First Commitment
mandera analytics operates on a strict privacy-first basis. We have designed our services to never collect or store personal data of your website visitors. Our commitment to privacy means we do not use cookies, tracking technologies, or any form of visitor fingerprinting. We specifically do not collect or store IP addresses, ensuring complete visitor anonymity.
2.2 Data Storage and Processing
All data processing and storage occurs exclusively on servers located in Germany. We process all data in full compliance with GDPR, PECR, and CCPA regulations. To ensure maximum security, we implement end-to-end encryption for all stored data. As part of our commitment to privacy, we do not share or sell any data to third parties under any circumstances.
2.3 Data Ownership
You retain full ownership of all analytics data collected through our service. You maintain complete control over your data and may delete it at any time through your account dashboard. We permanently remove all associated data from our systems within 90 days of deletion request, including any backups.
3.1 Agreement Terms
The agreement is entered into for an indefinite period unless explicitly stated otherwise in writing. The nature of specific services may dictate different terms, which will be clearly communicated at the time of purchase. You may terminate the agreement according to the conditions specified in Article 7.
3.2 Service Provision
mandera analytics performs all services to the best of its knowledge and ability. While we strive to meet all client expectations, we cannot guarantee specific results or outcomes. Our service is supported by most modern browsers, and we recommend contacting our support team if you have questions about system requirements.
4.1 Pricing and Payment
All rates are quoted exclusive of VAT unless stated otherwise. Payment obligations commence upon acceptance of our offer, regardless of service usage. We invoice in advance, either as a one-time payment or in installments as agreed upon. For wire transfers, we reserve the right to apply an additional processing fee.
4.2 Payment Terms and Late Payment
Invoices must be paid within 14 calendar days of the invoice date unless otherwise specified in writing. If payment is not received within this period, you will receive one reminder before being considered in default. During any period of default, we reserve the right to suspend service access until payment is received.
4.3 Price Adjustments
We reserve the right to adjust our pricing if circumstances require. In such cases, we will notify you at least 30 days in advance of any price changes. If you do not agree with the price adjustment, you have the right to terminate the agreement before the new pricing takes effect.
5.1 Account Management
You are responsible for maintaining the security and confidentiality of your account credentials. Any activity occurring under your account is your responsibility. You must provide accurate, current, and complete information during the registration process and keep this information updated.
5.2 Usage Restrictions
Your subscription plan specifies the number of websites you may monitor. If you exceed your plan's usage limits, the analytics script will stop counting. You can upgrade to a higher tier if you reach these limits.
5.3 Service Availability
While we strive to maintain high availability, we cannot guarantee uninterrupted access to our services. Maintenance windows may be required to ensure optimal performance. If our service becomes unavailable for more than three consecutive days, you have the right to terminate your agreement without penalty.
6.1 Limitation of Liability
mandera analytics is not liable for damages resulting from the use of our services unless caused by gross negligence or willful misconduct. Our maximum liability is limited to the amount paid for three months of service. We are not responsible for damages resulting from incorrect implementation or third-party actions.
6.2 Force Majeure
Neither party shall be responsible for delays or failures in performance resulting from circumstances beyond their reasonable control. During such events, obligations will be temporarily suspended. If force majeure conditions persist for more than 30 days, either party may terminate the agreement without penalty.
7.1 Cancellation Terms
You may cancel your subscription at any time after the initial term. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial periods. Upon cancellation, you retain access to the service until the end of your paid period.
7.2 Data After Termination
Following termination, your data will be permanently deleted from our systems after 90 days. We recommend making arrangements for any necessary data retention before account closure.
We reserve the right to modify these terms as needed. We will provide notice of any significant changes at least 30 days before they take effect. Continued use of our services after changes become effective constitutes acceptance of the modified terms. The current version of these terms is always available on our website.
These terms are governed by German law. Any disputes will be resolved in accordance with German law, with respect to mandatory EU consumer protection regulations where applicable. Before pursuing legal action, both parties agree to attempt to resolve any disputes through direct negotiation.
Contact: billing@mandera.io for questions about these terms.
Last updated: January 12, 2025
