Terms of Service

1. Scope

These Terms of Service govern the use of the web analytics platform Noralytic ("Service", "Platform") of the company NoraMedia ("Provider", "we").
By registering for, using or accessing the Service, you agree to these terms.

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

Deviating, conflicting or supplementary general terms and conditions of the user only become part of the contract if and to the extent that the Provider has expressly agreed to their application.

2. Subject Matter of the Contract

Noralytic is a web-based analytics tool that enables users to:

• Analyse website traffic
• View real-time statistics
• Track events and conversions
• Perform privacy-compliant web analytics without cookies, sessions or IP storage
• Use export functions and reports
• Use API access for advanced integrations (depending on the plan)
• Use email reports and automated reports (depending on the plan)

The Service is used via a user account in the cloud.

The specific scope of services depends on the selected plan. The Provider is entitled to further develop and adapt the functionality of the Service as long as the core functions are retained.

3. Registration & User Account

A user account is required to use the Service. The user undertakes to:

• provide complete and correct information
• keep access data secret and store it securely
• not pass the account on to third parties
• inform the Provider immediately of any unauthorised access
• create only one account per person/company

The user is liable for all activities carried out under their account, unless they prove that they are not responsible for them.

The Provider may suspend or terminate accounts if:

• these terms are violated
• false information was provided
• there are justified doubts about the identity of the user
• payments are not made despite a reminder
• the user violates legal provisions

4. Prices & Billing

Noralytic offers free and paid plans. Current prices can be viewed on the official website.

Unless stated otherwise:

• All prices are in euros (EUR) and include statutory value added tax
• Billing takes place monthly or annually in advance through our payment provider Stripe (for example by credit card)
• The contract renews automatically for the selected term
• Cancellation is possible at any time effective at the end of the current billing period
• In the event of late payment, access may be blocked
• Amounts already paid are not refunded in the event of early cancellation

Price adjustments will be announced by email at least 30 days in advance. In the event of price increases, the user has a special right of termination.

If the pageviews included in the plan are exceeded, the Provider may:

• suggest an upgrade to a higher plan
• charge additional fees for excess usage
• temporarily restrict the Service

5. Free Trial & Free Plan

New customers receive – where communicated – up to 14 days of free access to a premium plan.

The free trial:

• may be discontinued or adjusted at any time without giving reasons
• does not require payment information
• ends automatically after the trial period

After it ends, the account is automatically switched to the Free plan (10,000 pageviews/month, 1 website), unless a paid plan is selected.

The Free plan may be adjusted or discontinued by the Provider at any time, provided that at least 30 days' notice is given.

6. Obligations of the User

The user undertakes to:

• not misuse the Service
• not process or track unlawful content
• not use the Service to overload or manipulate third-party systems
• comply with applicable data protection laws (in particular GDPR, CCPA, PECR)
• not attempt reverse engineering, decompilation or disassembly
• not use automated scripts or bots to manipulate statistics
• comply with the API limits (depending on the plan)
• not create multiple accounts to circumvent plan restrictions

The user is solely responsible for:

• the legally compliant integration of the tracking code on their own website
• compliance with cookie notices and privacy policies (where required)
• obtaining any required consents from their website visitors
• the security of their own website and systems

The user indemnifies the Provider against all claims by third parties arising from a breach of these obligations.

7. Data Protection & Data Processing

Noralytic does not process any personal data of website visitors such as:

• IP addresses (no storage or anonymisation)
• Cookies (cookie-free tracking)
• Session data or user IDs
• Device identifiers or fingerprinting

The Service is designed to operate in compliance with the GDPR, CCPA and PECR.

The data collected by the tracking code includes:

• Visited URLs and page titles
• Referrer source (where visitors come from)
• Browser type, operating system and device type (user agent)
• Geographic data at city level (based on aggregated data)
• Custom events and conversions

This data is not linked to individuals and is used exclusively for statistical purposes.

User account data (email, name, payment information) is processed in accordance with the Privacy Policy available on the website.

When using the API, the user is responsible for ensuring that transmitted data does not contain personal information.

8. Availability & Service Level

Noralytic strives for a high technical availability of at least 99.5% per month, but does not assume:

• any guarantee of uninterrupted operation
• any liability for system failures, data loss or technical problems
• any responsibility for outages due to force majeure, DDoS attacks or problems at third-party providers

Planned maintenance will, where possible, be announced at least 48 hours in advance and carried out outside peak times.

Emergency maintenance may take place without prior notice.

The availability guarantee does not apply to:

• Free plan users
• Outages caused by the user's fault
• Announced maintenance windows

9. Warranty & Rights in Case of Defects

The Service is provided "as is". The Provider strives for error-free operation, but does not guarantee:

• complete freedom from errors or uninterrupted availability
• fitness for a particular purpose
• compatibility with all systems or platforms
• accuracy, completeness or topicality of the data collected

In the case of significant defects, the user has the right to:

• Rectification within a reasonable period
• Reduction of the fee in the event of permanent impairment
• Extraordinary termination if rectification is impossible

Defects must be reported immediately in writing or by email.

10. Limitation of Liability

The Provider's liability is limited as follows:

10.1 Unlimited Liability

The Provider is liable without limitation for:

• Intent and gross negligence
• Personal injury (life, body, health)
• Fraudulently concealed defects
• Guarantees pursuant to Section 276 BGB (German Civil Code)
• The Product Liability Act

10.2 Limited Liability

In the case of slight negligence, the Provider is only liable for the breach of essential contractual obligations (cardinal obligations). Liability is limited to the foreseeable damage typical for this type of contract.

For paid plans, liability is limited to 12 times the monthly amount or the annual amount of the selected plan.

10.3 Excluded Liability

Liability is excluded for:

• Indirect or consequential damages
• Loss of profit or revenue
• Data loss (the user is responsible for their own backups)
• Damage caused by third parties, viruses or malware
• Damage caused by improper use or misuse
• Compatibility problems with third-party systems
• Loss of statistics or analytics data

10.4 Liability under the Free Plan

For free use, the Provider is only liable for intent and gross negligence and for personal injury.

11. Intellectual Property & Rights of Use

All rights to Noralytic, including software, design, trademarks, logos and documentation, remain with the Provider or its licensors.

The user receives a non-exclusive, non-transferable, revocable right of use for the duration of the contract.

In particular, the following is prohibited:

• Copying, modifying or reverse engineering the software
• Reselling or sublicensing the Service
• Removing copyright or trademark notices
• Using similar names or logos to confuse users

The user retains all rights to the analytics data collected by them. The Provider uses this data exclusively to provide the Service.

12. API Use & Fair Use

Use of the API is subject to the following conditions:

• Rate limits: Depending on the plan, restrictions apply to API requests (e.g. 100 requests/minute)
• Fair use: Excessive or abusive use may lead to suspension
• Security: API keys must be treated as confidential
• No guarantee: The API is provided "as is" without any warranty of availability or backward compatibility

The Provider reserves the right to adapt or extend the API functionality. Breaking changes will, where possible, be announced 90 days in advance.

13. Termination & End of Contract

Both parties may terminate the contract with a notice period of:

• Any time for the Free plan (no notice period)
• 30 days to the end of the month for monthly plans
• 3 months to the end of the term for annual plans

Termination is made via the dashboard or by email to support@noralytic.com.

13.1 Extraordinary Termination

The Provider may terminate the contract extraordinarily and without notice in the event of:

• Serious violations of these Terms of Service
• Late payment of more than 14 days despite a reminder
• Unlawful acts by the user
• Endangerment of system security or other users
• Misuse or manipulation of data

13.2 Consequences of Termination

After the end of the contract:

• Access to the dashboard is blocked
• No new data can be collected
• The user has 30 days to export their data
• All data is then irrevocably deleted
• Amounts already paid are not refunded

14. Data Portability & Export

The user can download their statistics at any time via the export function in CSV format.

The export includes:

• Pageviews and visitor statistics
• Traffic sources and referrers
• Geographic data
• Device and browser statistics
• Custom events and conversions

After the end of the contract, all data is deleted within 30 days, unless statutory retention periods apply (e.g. invoice data: 10 years under the German Commercial Code/Fiscal Code).

15. Changes to the Terms of Service

The Provider reserves the right to change these terms at any time, in particular in the event of:

• Changes in the legal situation
• Further development of the Service
• Adaptations to market conditions
• Security or data protection improvements

Changes will be announced by email and in the dashboard and take effect 30 days after the announcement.

If the user does not object within 4 weeks of receiving the notice of change, the new terms are deemed accepted. The Provider will point out the right to object and its consequences in the notice of change.

In the event of an objection, the Provider is entitled to terminate the contract by ordinary notice.

16. Confidentiality

Both parties undertake to keep confidential information of the other party secret and not to disclose it to third parties.

The following in particular are considered confidential:

• Access data and API keys
• Trade secrets and know-how
• Technical details that are not publicly accessible
• Contract terms and price agreements

This obligation continues to apply after the end of the contract.

17. Assignment & Transfer

The user is not entitled to transfer their rights and obligations under this contract to third parties without the prior written consent of the Provider.

The Provider is entitled to transfer its rights and obligations in whole or in part to third parties, in particular in the context of a sale or restructuring of the company. The user will be informed of this.

18. Severability Clause

Should individual provisions of these Terms of Service be or become invalid or unenforceable in whole or in part, this does not affect the validity of the remaining provisions.

The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

19. Governing Law & Jurisdiction

These Terms of Service and all legal relationships between the user and the Provider are governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes is – to the extent permitted by law – the registered office of the Provider.

For consumers: If the user is a consumer within the meaning of Section 13 BGB, the statutory places of jurisdiction apply.

20. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR):

https://consumer-redress.ec.europa.eu/site-relocation_en

The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

21. Contact

If you have questions about these Terms of Service, please contact:

NoraMedia
Responsible for Noralytic
Email: support@noralytic.com
Website: www.noralytic.com

Version 2.0