Terms of Service

1. Scope

These Terms of Service govern the use of Adopture (adopture.com), a privacy-first mobile analytics platform.

Operator:
Christopher Arm
Rennbaumer Straße 44
42349 Wuppertal, Germany
Email: chris@adopture.com

These terms apply to all users (businesses and individuals).

2. Service Description

Adopture provides:

• Privacy-first mobile analytics platform
• Real-time analytics dashboard
• Flutter SDK for event tracking
• Retention cohort analysis
• API access
• GDPR-compliant by design (no cookies, no PII, no IP storage)

3. Contract & Registration

• Account requires valid name and email address
• Email verified via OTP (one-time password)
• Optional: OAuth login via GitHub or Google
• Contract is formed upon successful account registration
• Users must be at least 18 years old or have legal capacity for business transactions

4. Free Trial

• 14-day free trial for all new accounts
• Credit card required at signup
• Trial includes 10,000 events per month
• Trial automatically converts to paid subscription after 14 days
• Cancellation possible at any time during trial period at no cost
• If canceled during trial, no charges are made

5. Pricing & Payment

All prices in USD as published on adopture.com.

6 volume tiers:

• Yearly billing includes approximately 20% discount
• Payment processed via Stripe
• Billing occurs at the start of each period (monthly or yearly)
• Prices may be adjusted with 30 days' written notice

6. Usage & Limits

• Each tier includes a monthly event allowance
• A grace buffer of 110% of the plan limit applies for paid plans (not trial)
• Per-minute rate limits apply per tier (200–15,000 events/minute depending on tier)
• Daily burst protection: monthly limit divided by 28
• When limits are exceeded, further events are rejected until the next period

7. Payment Failure

• Failed payments result in a 7-day grace period
• During this period, the service continues to function normally
• Stripe automatically retries failed payments
• If payment is not resolved within 7 days, the service may be suspended
• Reactivation upon successful payment

8. Cancellation

• Cancel anytime via the Stripe Customer Portal (accessible from Settings)
• Cancellation takes effect at the end of the current billing period
• No pro-rata refunds for partial billing periods
• Access continues until the end of the paid period
• Account data is retained for 30 days after cancellation, then deleted

9. Refunds

• No general right of refund once a billing period has started
• Trial period: free, no charges if canceled during trial
• For consumers (B2C): see Consumer Withdrawal Policy (Section 18)

10. User Obligations

• Provide accurate registration information
• Keep account credentials secure
• Do not share account access
• Do not use the service for illegal purposes
• Comply with applicable data protection laws when using the SDK
• Do not attempt to reverse-engineer, scrape, or disrupt the service
• Do not exceed rate limits intentionally or systematically

11. Data Processing

• For information about how we handle personal data, see our Privacy Policy
• For details on how we process analytics data on your behalf, see our DPA
• You (the customer) are the data controller for your end users' analytics data
• Adopture acts as data processor on your behalf

12. Intellectual Property

• The Adopture platform, software, design, and documentation are the intellectual property of Christopher Arm
• Customers retain full ownership of their analytics data
• A limited, non-exclusive, non-transferable license is granted to use the service for the duration of the subscription
• The Adopture name, logo, and branding may not be used without written permission

13. Availability

• Adopture aims for high availability but does not guarantee a specific uptime percentage (no SLA)
• Scheduled maintenance will be announced with reasonable advance notice where possible
• No liability for temporary unavailability due to maintenance, updates, or circumstances beyond our control
• Force majeure: no liability for failures due to natural disasters, wars, pandemics, government actions, internet outages, or third-party service failures

14. Liability

• Unlimited liability for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit)
• For slight negligence (leichte Fahrlässigkeit): liability only for breach of essential contractual obligations (Kardinalpflichten)
• In case of slight negligence, liability is limited to foreseeable, contract-typical damages
• Maximum liability per calendar year: the total subscription fees paid by the customer in the preceding 12 months
• No liability for loss of data if the customer failed to maintain adequate backups
• These limitations do not apply to liability for injury to life, body, or health (§ 309 Nr. 7a BGB)

15. Indemnification

The customer shall indemnify and hold harmless the operator from any third-party claims arising from the customer's use of the service or violation of these terms.

16. Changes to Terms

• We reserve the right to modify these terms
• Changes will be communicated at least 30 days in advance via email
• Continued use after the notice period constitutes acceptance
• Customers who do not agree may terminate their subscription before the changes take effect

17. Final Provisions

• Governing law: Laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG)
• Jurisdiction: Wuppertal, Germany (for B2B; consumers retain their statutory jurisdiction)
• Severability: If any provision is found to be invalid, the remaining provisions remain in full force
• No oral amendments; all changes must be in text form
• No assignment of the contract without prior written consent

18. Consumer Withdrawal Policy (B2C only)

Right of Withdrawal

• If you are a consumer per § 13 BGB, you have the right to withdraw from this contract within 14 days without giving any reason
• The withdrawal period expires 14 days after the day of contract conclusion
• To exercise your right of withdrawal, you must inform us (Christopher Arm, Rennbaumer Straße 44, 42349 Wuppertal, chris@adopture.com) of your decision to withdraw by a clear statement (e.g., a letter or email)
• To meet the withdrawal deadline, it is sufficient to send the communication before the period expires

Effects of Withdrawal

• If you withdraw, we shall reimburse all payments received from you without undue delay and no later than 14 days from the day we receive notice of your withdrawal
• Reimbursement via the same means of payment used for the initial transaction

Note on Early Expiry

If you have expressly consented to the beginning of performance during the withdrawal period and acknowledged that you lose your right of withdrawal once the service is fully performed, the right of withdrawal expires upon full performance of the service (§ 356 Abs. 4 BGB).