Terms of Service

These Terms of Service ("Terms") govern your access to and use of the datakant web analytics platform ("Service") operated by neomatch digital GmbH, a company registered in Germany (operating under the product name "datakant") ("we", "us", "datakant"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, you may not use the Service.

datakant is an AI-powered web analytics platform that provides real-time analytics dashboards, event tracking, session replay context, consent management integration, and AI-driven reporting. The Service includes:

• A JavaScript tracking snippet installed on your website(s) that collects visitor interaction data
• A cloud-hosted dashboard for viewing analytics, managing properties, and configuring event tracking
• An AI engine for natural-language analytics queries and automated insights
• Optional add-ons including server-side tracking endpoints, additional properties, and additional team members

All data is processed and stored exclusively on servers located within the European Union (Hetzner Cloud, Germany).

To use the Service, you must create an account with a valid email address and password. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your password and not share your credentials with any third party
• Promptly notify us at support@datakant.ai of any unauthorized use of your account
• Accept responsibility for all activity that occurs under your account

We may suspend or terminate your account if any information provided during registration proves to be inaccurate, outdated, or incomplete.

The Service is offered through tiered subscription plans (Starter, Professional, Enterprise) with monthly or annual billing intervals. Pricing, event limits, property limits, and feature availability vary by plan and are displayed on our pricing page.

• Free trial: New accounts receive a 7-day free trial with limited event volume. No payment method is required during the trial. Tracking is suspended when the trial expires until a paid plan is activated.
• Billing cycle: Monthly plans are billed on the 1st of each calendar month. Annual plans are billed on January 1st of each year. The first invoice is prorated to align with the billing cycle.
• Payment: Payments are processed by Stripe. We accept credit/debit cards and SEPA Direct Debit. All prices are in EUR and exclude applicable taxes unless stated otherwise.
• Taxes: German customers are charged 19% Umsatzsteuer (USt). EU business customers outside Germany with a valid VAT ID are invoiced net under the reverse-charge mechanism.
• Plan changes: Upgrades take effect immediately with prorated billing. Downgrades take effect at the end of the current billing period. Unused time on the previous plan is credited.
• Add-ons: Additional properties, team members, and server-side tracking can be purchased as add-ons. Add-ons are billed on the same interval as the base plan.
• Cancellation: You may cancel your subscription at any time from the Billing tab. Access continues until the end of the current billing period. No refunds are issued for partial periods.

Your data remains yours. You retain all rights, title, and interest in and to all analytics data, event data, session data, property configurations, and dashboard configurations you create or collect through the Service ("Customer Data").

You grant datakant a limited, non-exclusive license to process, store, and display Customer Data solely for the purpose of providing and improving the Service. We do not sell, share, or use Customer Data for advertising purposes.

Upon termination of your account, you may request an export of your Customer Data within 30 days. After 30 days, Customer Data is permanently deleted from our systems.

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right, including privacy and data protection laws (GDPR, ePrivacy Directive, CCPA)
• Track visitors on websites you do not own or have authorization to track
• Collect personally identifiable information (PII) through custom event fields without proper legal basis and disclosure to your visitors
• Circumvent rate limits, event quotas, or other technical restrictions of the Service
• Interfere with or disrupt the integrity or performance of the Service or its infrastructure
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Resell, sublicense, or distribute the Service to third parties without our written consent
• Use the Service to send spam, phishing, or malicious content

Violation of these restrictions may result in immediate suspension or termination of your account without notice.

When you install the datakant tracking snippet on your website(s), you act as the data controller and datakant acts as the data processor under GDPR. You are responsible for:

• Informing your website visitors that analytics data is being collected and disclosing the use of datakant in your privacy policy
• Obtaining and managing visitor consent where required by applicable law (GDPR, ePrivacy Directive)
• Configuring your Consent Management Platform (CMP) to signal consent correctly to the datakant tracker
• Ensuring that any custom event data you configure does not contain sensitive personal data without proper legal basis

datakant provides built-in consent signal detection for Cookiebot, OneTrust, Usercentrics, Borlabs, Consentmanager, and Cookie Information. However, the legal responsibility for obtaining valid consent remains with you.

We aim for 99.9% uptime for the Service. Planned maintenance windows are announced in advance. We do not guarantee uninterrupted, error-free service.

Support is provided via email at support@datakant.ai. Response times and support channels depend on your subscription plan.

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory.
• datakant does not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.
• In no event shall datakant, its directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.
• Our total aggregate liability arising out of or in connection with these Terms or the Service shall not exceed the amount paid by you to datakant in the 12 months preceding the claim.

You agree to indemnify and hold harmless neomatch digital GmbH, its directors, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any third-party rights including data protection laws.

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or by posting a notice in the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you may cancel your subscription before the changes take effect.

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to conflict-of-law principles. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is the competent court in Germany.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

For questions about these Terms, contact us at:

neomatch digital GmbH
Email: support@datakant.ai
Web: datakant.ai