Data Tracking (Container owner) - Terms & Conditions
By having a container administrator account for Keytiles 2.0 web site you agree to be bound by all terms and conditions listed on this page.
Content of this page
- # Terms
- # Prerequisites
- # Your relationship with us
- # Disclosure
- # Unacceptable usage
- # Integration with Keytiles
- # Payments
- # Support Service
- # Term and Termination
- # Warranty and Disclaimer
- # Limitations of Liability
- # Any questions?
All the services and functionalities provided by Keytiles are together referenced as Keytiles Service or service
A tracking data container (referred as Container in this document) is a combination of data storage and services linked to a specific website and hosted by the Keytiles Service that collects and manages usage information reported by the website
The provider of Keytiles Service (referred as Service Provider in this document) is the company developing and maintaining the Keytiles Service
The owners of the websites and consumers of the Keytiles Service are referred as Service Consumers in this document. Service Consumers can be individuals or legal entities
Registered user accounts at the Keytiles Service are referred as Users in this document
Users assigned to one or more Containers with administrative priviliges for the aforementioned Container are referred as Container Admins in this document
Users with general administrative privileges over the Keytiles Service including Containers and other functionalities are referred as Keytiles Admins in this document
The Service Consumer is assigned to a tarif construct determining their monthly usage limits and subscription fees (referred as Service Plan in this document)
In order to set up a Container for a website in the Keytiles service at least one Container Admin is required to be registered!
Therefore all terms and conditions related to Keytiles 2.0 user accounts will apply here as well.
After registering to our service you enter into a service consumer relationship with the provider of the Keytiles 2.0 service - us.
- The Service Customer subscribes to a Service Plan based on the prospect number of hits reported to their Container processed within one calendar month (Prices for the Service Plans are detailed on the main page)
- The Service Plan is invoiced and paid for the given calendar month at the beginning of the month for the entire calendar month
- The Keytiles Service is provided for the entire paid period. After the paid period ends the service will be suspended. The service is re-enabled after the payment for the next period arrives
- The Keytiles Service can be cancelled at any time by any of the parties without explanation. The service will be still provided for the period already paid. Payments are not refundable.
- In case the Service Consumer exceeds the daily limits lined out in their Service Plan, the service might be suspended until the end of the day and will start working again the next day. The Service Plan can be upgraded at any time in order to cover higher load.
If you have created a Container in the Keytiles Service which you do use in your website(s) then please note: It is important that your visitors are informed of the tracking tools installed on your web site!
This is your responsibility as website owner!
Please refer to GDPR & Privacy - Keytiles system for further information
You are not allowed to use the Keytiles Service to track any of the following:
- items that are embedded on external/third-party web sites (e.g. ads, widgets, etc)
- "typo squatting" domains
- sites considered "spammy", per our judgment
- sites containing viruses, trojans, or other harmful or illegal material
When the Service Consumer integrates with the Keytiles Service using the HitCollection API, it is the Service Consumer's responsibility to avoid sending Personal Identification Information (PII) or any other sensitive information to the API
For example - it is not OK to send e.g. the "username" (which might be an email address in worst cases) as "uniqueWebClientId" field!
All fields are marked with a disclaimer in the schema definition of the API where you should avoid sending sensitive information!
In order to issue invoices the Service Providers require the following information from the Service Customer: Name, Address, Tax ID (in case of EU companies)
The invoices will consider VAT following the below criteria:
- The VAT is calculated in accordance with the actual country level, EU level and global regulations
- VAT in Germany is 20% for services
- In case the Service Consumer is an individual person then 20% VAT applies
- in case the Service Consumer is a legal entity then one of the following applies:
- Companies registered in the EU or countries in the European Economic Area are excempt from VAT
- For any other company 20% VAT applies
Support Service is provided by the Service Provider based on the Tariff Plan. Support Service is not provided for all Tariff Plans.
In the frame of the Support Service the Service Consumer is provided with direct communication channel towards the Service Provider's support personnel in order to report issues with the Keytiles Service and receive technical support for the daily operation. The Service Consumer usually receives support for the initial rollout of Keytiles service and for issues coming up during the subscription period
Due to it's direct nature and limited resources at the Service Provider, Support Service is offered as an add-on for a Tariff Plan and targeted at larger Service Customers
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement or if you remove the Script from your web pages.
The service, the tracking script and reports are provided "as is" and there are no warranties, claims or representations made by the company either express, implied, or statutory, with respect to the service, the script, the documentation and reports, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. We do not warrant that the service, the script or reports will meet your needs or be free from errors, or that the operation of the service will be uninterrupted.
The company will not be liable to you or any third party for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the service), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if we have been advised of the possibility of such damages. the exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph.
The company's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement or your usage of the service shall not exceed the aggregate fees paid by you to us for use of the service.
The usage terms and conditions can be amended by the service provider at any time with the consumers of the service notified in advance.
Please write to us at email@example.com and ask your questions or ask for assistance any point in time!