Terms of Service

1. Scope and Acceptance

These Terms of Service ("Terms") govern your access to and use of the Traceflair web analytics platform ("Service") operated by Traceflair GmbH, Musterstraße 42, 1010 Wien, Austria ("Traceflair", "we", "us", "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

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

2. Account Registration and Responsibilities

To use the Service, you must create an account by providing accurate and complete information, including a valid email address. You are responsible for maintaining the confidentiality of your account credentials.

You must be at least 18 years old to create an account. You are responsible for all activities that occur under your account, including actions by team members you invite.

You agree to notify us immediately at hello@traceflair.com of any unauthorized use of your account or any other security breach.

3. Service Description

Traceflair is a web analytics platform that provides session replay, heatmaps, form analytics, error tracking, conversion funnels, web vitals monitoring, feedback widgets, and related analytics features.

The Service is provided on a software-as-a-service (SaaS) basis. A self-hosted option is also available under separate licensing terms. We reserve the right to modify, update, or discontinue features of the Service with reasonable notice.

We aim to provide 99.9% uptime for the hosted Service but do not guarantee uninterrupted access. Scheduled maintenance windows will be communicated in advance.

4. Subscription and Billing

The Service is offered under tiered subscription plans (Free, Pro, Business, Enterprise). Pricing, feature limits, and event quotas for each plan are described on our pricing page.

Paid subscriptions are billed in advance on a monthly or annual basis. Payments are processed through Stripe or PayPal. All prices are exclusive of applicable taxes (VAT), which will be added at checkout based on your location.

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately with prorated charges. Downgrades take effect at the end of the current billing period.

New accounts receive a 14-day free trial of Pro features. No credit card is required to start. If you do not select a paid plan before the trial ends, your account will be automatically downgraded to the Free plan.

If your event usage exceeds the limits of your plan, we will notify you at 80% and 100% usage. Events beyond the limit are still collected for 7 days, giving you time to upgrade. After that, tracking pauses until the next billing cycle.

5. Data Processing and Privacy

Our collection and use of personal data is governed by our Privacy Policy. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

As a customer, you act as the data controller for analytics data collected from your website visitors. Traceflair acts as the data processor on your behalf. A Data Processing Agreement (DPA) is available upon request.

You are responsible for ensuring that your use of the Service complies with applicable data protection laws, including obtaining necessary consents from your website visitors. Traceflair provides three consent modes (opt-in, opt-out, implied) to support your compliance obligations.

Analytics data is retained according to your plan tier: Free (7 days), Pro (30 days), Business (90 days), Enterprise (365 days, configurable). Upon account termination, all data is deleted within 30 days.

6. Intellectual Property

The Service, including its software, design, logos, documentation, and all related intellectual property, is owned by Traceflair GmbH and protected by applicable copyright and trademark laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms for the duration of your subscription.

You retain all rights to your own data and content. You grant Traceflair the right to process your data solely for the purpose of providing the Service.

You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, whether hosted or self-hosted.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Collect personally identifiable information without appropriate consent
• Interfere with or disrupt the Service or its infrastructure
• Transmit malicious code, viruses, or harmful data
• Resell, sublicense, or redistribute the Service without written authorization
• Use the Service on websites that promote illegal activities

8. Limitation of Liability

To the maximum extent permitted by applicable law, Traceflair shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business, or goodwill.

Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid to Traceflair in the twelve (12) months preceding the claim.

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Indemnification

You agree to indemnify and hold harmless Traceflair GmbH, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service or your violation of these Terms.

10. Termination

You may terminate your account at any time through your account settings or by contacting us at hello@traceflair.com. Upon termination, your right to use the Service ceases immediately.

We may suspend or terminate your access to the Service if you breach these Terms, fail to pay applicable fees, or engage in conduct that we reasonably believe is harmful to the Service or other users.

Upon termination, all analytics data associated with your account will be deleted within 30 days. You may request a data export before termination.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.

12. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of Austria, without regard to its conflict of laws provisions.

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Vienna, Austria.

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

13. Contact

For questions about these Terms, contact us at:

Traceflair GmbH
Musterstraße 42
1010 Wien, Austria
Email: hello@traceflair.com
Web: https://www.traceflair.com