Terms and Conditions for PRYVY Analytics
Operator: PRYVY GmbH
1. Scope of the terms and conditions
These Terms and Conditions apply to contracts between the company PRYVY GmbH – hereinafter referred to as “operator” – and users of the web application – hereinafter referred to as PRYVY Analytics -.
The operator shall enable the user to use PRYVY Analytics Freemium Software (overview and evaluation of visitors* to the user’s own website) via the Internet as “Software as a Service / SaaS” for a unlimited period free of charge. For this purpose, the operator makes PRYVY Analytics available for access on its own servers or on servers of a rights center in the EU. The software is made available for use via these servers and the data generated, collected, used and stored during the use of the software is stored to the agreed extent and made available for retrieval as intended via remote data access. Access to the tool and the stored data shall be possible at any time outside the maintenance window, unless the operator has to carry out urgent support measures or other urgent measures to maintain usability.
The software shall not be provided in object or source code.
The operator grants the user a simple, non-transferable right to use the software for the term of the contract.
The operator is not obligated to provide the user with documentation of the software / user manual. The operator shall provide notes on the basic functionalities in the tool itself and shall enable the user to access corresponding information, which the operator shall make available online as required.
The software is made available to the user for use from the router exit of the data center operated by PRYVY GmbH or its service provider. The establishment and maintenance of the data connection between the user’s terminal device and the transfer point operated by PRYVY GmbH shall be the responsibility of the user. No server availability is guaranteed, but it can be assumed that the annual availability is above 99.9%. If, contrary to expectations, this is not the case, there are no claims for compensation.
After the termination of the contract, the user is no longer able to view the stored data in the software.
The operator offers additional paid services. In order to using the services and functionality of paid services, the Customer must take out a paid subscription plan.
Payment for this subscription shall be made exclusively online via the customer menu, using the payment methods provided there, and shall be made in advance for a period specified and shown to the customer.
The operator is obligated to provide the services for the entire period paid for.
Termination is possible in each case on the date of the next payment with seven days of notice. Your right of cancellation remains unaffected. Downgrades and Upgrades are possible at any time. A downgrade increases the customer’s credit balance. The credit is automatically used to extend the service period of the remaining chargeable services.
The content of the chargeable services provided by PRYVY GmbH includes the compensation of the carbon emissions generated by the websites posted by the customer. The carbon emissions applicable to the websites is calculated by an algorithm created by PRYVY GmbH. In order to always calculate the best possible value, PRYVY GmbH reserves the right to change the algorithm at any time.
The compensation of the calculated carbon emissions is done by PRYVY GmbH via the website atmosfair.de.
The monthly payments of PRYVY GMBH to atmosfair, for the carbon compensation of the websites set up by the customer, are capped at a maximum of 90% of the monthly fee paid by the respective customer after deduction of all transaction costs. As a rule, this is sufficient to offset the calculated monthly carbon emissions.
5. Changes of the tool, Errors, Maintenance windows, Enhancements of the tool.
The company PRYVY GmbH is entitled to change the design of the tool. It is also entitled to adjust the structure and functionalities of the tool. PRYVY GmbH shall notify the user of any significant changes.
If PRYVY GmbH is obligated to eliminate errors/defects of the tool or to bring about/maintain the contractual condition of the tool, the company reserves the right to choose the type of defect elimination.
PRYVY GmbH shall be entitled to deny access to the tool and the stored data once a week for a maximum of 2 hours (maintenance window) in order to be able to carry out changes to the tool or other maintenance work. PRYVY GmbH will try to keep the restrictions for the user as low as possible, including carrying out the work at night.
If the User’s data, e.g. e-mail address, changes, the User shall be obliged to inform PRYVY GmbH of the new data, provided that this is necessary for the proper performance of the contract.
7. Personal data during the creation of website statistics
In order for PRYVY GmbH to be able to offer its service, data is collected and processed from website visitors to the website entered by the user. This data is collected anonymously and no personal data is stored at any time. The legally anonymized collection of website visitors is only guaranteed by PRYVY Analytics as long as the user does not implement the collection of personal data himself/herself with the help of the functions provided by PRYVY Analytics.
In particular, PRYVY GmbH points out that a legally anonymized data collection with PRYVY Analytics is no longer guaranteed if the user stores personal data with the help of the “Events” function. In the event of the collection of personal data, through settings and inputs made by the user, the liability rests solely with the user.
8. Backup copies, Archiving, Deletion, Backup obligations of the user.
To ensure the proper operation of the tool, PRYVY GmbH shall make regular backups, which shall also include the content posted by the user and the data entered by the user in the tool. In addition, PRYVY GmbH shall be entitled to make copies for archiving purposes and to keep them for 12 months. Should legal regulations require longer archiving, the archiving shall be carried out in accordance with these periods. Afterwards, the copies will be deleted or destroyed in any other form.
If PRYVY GmbH has a legitimate interest in a partial backup/partial archiving of content that goes beyond this, e.g. if a third party has asserted claims against the user or PRYVY GmbH in connection with this usage agreement, PRYVY GmbH shall be entitled to maintain the partial backup/partial archiving until this dispute has been resolved in a legally secure manner.
9. Defects of the tool, Liability.
If PRYVY GmbH fraudulently conceals a defect in the tool and/or its other services from the User, PRYVY GmbH shall be obligated to compensate the User for any resulting damage.
In all other respects, PRYVY GmbH shall only be liable for intent and gross negligence.
The contract shall run for an indefinite period of time and may be terminated by either party with seven days notice. The right to terminate without notice remains unaffected.
The termination must be made by the user himself in the customer menu.
11. Applicable Law, Miscellaneous
German law shall apply.
The place of jurisdiction is Berlin.
Should any provision of this contract be or become void, the validity of the remaining provisions shall remain unaffected.