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Terms of Service

1. Scope and provider

These Terms of Service govern all contracts for the use of the AnalyticsClarity web analytics platform (the "Service") between Ali Nezamolmaleki, Gruenberger Strasse 17a, 10243 Berlin, Germany (the "Provider") and the customer. The Service is offered exclusively to businesses (§ 14 BGB); contracts with consumers are excluded. The German version of these terms (AGB) prevails in case of conflict.

2. Subject of the contract

The Provider makes a cookieless, privacy-friendly web analytics software available as software-as-a-service. Scope and features follow from the selected plan as described in the current pricing overview on analyticsclarity.com. The Provider may develop the Service further and change features as long as the core functionality is preserved.

3. Conclusion of contract and trial

The contract is concluded upon account registration. The first 30 days are a free, non-binding trial; a payment obligation arises only when a paid subscription is taken out. Without a subscription, use ends automatically when the trial expires.

4. Prices and payment

The prices shown at the time of ordering apply, plus statutory VAT. Billing is monthly or yearly in advance, depending on the selected plan, via the payment provider Stripe. If the event quota included in the plan is exceeded, the Provider may require the customer to upgrade to a higher plan.

5. Term and termination

The contract renews for the selected billing period (month or year) unless the customer cancels it, which is possible at any time with effect from the end of the current period via the customer account. The right to extraordinary termination for good cause remains unaffected. After the contract ends, the customer's analytics data is deleted within 90 days.

6. Customer obligations

The customer is responsible for embedding the tracking script on their websites in a legally compliant manner, in particular for fulfilling their own data protection obligations towards their visitors. Access credentials must be kept confidential. Abusive use of the Service, in particular injecting malicious code or analyzing third-party websites without authorization, is prohibited.

7. Availability and warranty

The Provider operates the Service with a target availability of 99% as an annual average, excluding planned maintenance windows and outages outside the Provider's control. Statutory warranty rights apply.

8. Liability

The Provider is liable without limitation for intent and gross negligence as well as for injury to life, body, or health. In cases of simple negligence, the Provider is liable only for the breach of essential contractual obligations, limited to the foreseeable damage typical for this type of contract. Liability under the German Product Liability Act remains unaffected.

9. Data protection and data processing

Where the Provider processes personal data on behalf of the customer, the parties conclude a data processing agreement pursuant to Art. 28 GDPR. Details on data processing can be found in the privacy policy. All analytics data is processed exclusively on servers in Germany.

10. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Berlin where the customer is a merchant, a legal entity under public law, or a special fund under public law. Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected.

Last updated: July 2026