# Terms of Service

Powermetrics (https://www.powermetrics.app) is a web service provided by Strive Studio UG ("we", "our", or "us"), registered HRB 217657 B and located in Lohmühlenstraße 65, 12435 Berlin, Germany.

These Terms of Service ("Terms") govern your use of Powermetrics. By accessing and using our service, you agree to these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use Powermetrics.

# 1. Service Description

Powermetrics is a Software-as-a-Service (SaaS) application designed to empower website owners and marketers. By integrating our tracking snippet onto your website, you gain access to comprehensive statistical data, offering insights into user behavior and the sources of your web traffic. This information is pivotal in understanding and optimizing your online presence.

# 2. User Registration

To access and utilize Powermetrics, users are required to register for an account. The registration process necessitates the provision of the following information:

  • Email: This will serve as the primary point of contact and the username for logging in.
  • Password: For security purposes, choose a unique password.
  • Name: A name for personalization and correspondence.

While currently email confirmation is not a prerequisite, please note that in the near future, we may implement a verification process to further enhance security and ensure the authenticity of our user base.

# 3. User Obligations

Users are solely responsible for all activities that occur under their account, irrespective of whether they authorize such activities. It is the user's responsibility to maintain the security and confidentiality of their password and account details. We are not liable for any harm, damages, or losses arising from a user's failure to comply with this obligation or from unauthorized access to or use of their account.

Users are forbidden from misusing Powermetrics data for malicious or deceptive activities. Account credentials must not be shared, and each account should cater to an individual or business. Unauthorized access to non-public Powermetrics areas or other users' accounts is prohibited. Usage with bots, automated queries, or unsanctioned third-party software is strictly forbidden. Users must not interfere with or breach the security of our servers and networks.

# 4. Pricing and Usage

Powermetrics is currently in a closed beta phase. During this period, the service is offered completely free of charge. However, users are subject to a fair use policy. This means, that we ask users to utilize the service responsibly. Excessive or abusive requests, that disproportionately strain our resources, may be subject to limitation or suspension. Our objective is to ensure a stable and reliable experience for all our users.

Upon the conclusion of the closed beta phase, we intend to introduce a pricing structure for Powermetrics. Users will not be automatically transitioned to a paid plan. We will notify all users in advance, providing them with the choice to continue under a paid plan or opt to cancel their account.

Users are informed that, at the end of the closed beta phase or even during the beta phase, we reserve the right to delete all tracking data. In case we do so, we will provide an export of the data for backup purposes.

# 5. Account Cancellation and Termination

Users wishing to delete their Powermetrics account during the beta phase can request so by emailing us at [email protected]. Upon confirmation, all associated data will be permanently deleted from our servers.

We reserve the right to suspend or terminate accounts for any reason. Such actions may result in the loss of access to your stored data. This policy is in place to address potential misuse.

# 6. Data Privacy and Protection

Powermetrics is committed to preserving user privacy. We aim to track overall trends on your website, not individual visitors. Our measurements are performed entirely anonymously, ensuring that no personal data or personally identifiable information is collected.

Powermetrics focuses on capturing only the most essential data points about your website's visitors. A complete list of the data we collect is available [LINK TO DATA POINTS LIST].

You always retain 100% ownership of your tracking data. While it is stored on our cloud servers when using our service, we claim no rights over it. Your data will never be sold, shared with third parties, mined for trends, or monetized in any manner. You also retain the right to delete your account or specific site stats at will; upon deletion, this data is irretrievably lost.

Powermetrics is dedicated to ensuring the confidentiality and security of all user data. We adhere to all applicable laws and implement robust security measures to protect against unauthorized access or breaches.

For a comprehensive understanding of our data collection, usage, and protection measures, please refer to our [Data Policy](LINK TO DATA POLICY).

# 7. Service Expectations and Support

While we craft Powermetrics with utmost diligence and often utilize feedback from our dedicated user base, we acknowledge that it's improbable to meet the expectations of every individual. As such, we can't guarantee the service will align with your unique requirements or aspirations.

Like any other software, Powermetrics may have bugs despite rigorous testing. We actively monitor and prioritize reported bugs, particularly those that might compromise security or privacy. However, we can't promise an entirely error-free service or that all reported bugs will be addressed.

While we endeavor to ensure that Powermetrics is available at all times, we cannot guarantee uninterrupted access. There may be instances where the service is temporarily down due to maintenance or other unforeseen circumstances.

We offer technical support via email, addressing queries on a best-effort basis without a fixed response time. Be aware that for support or maintenance purposes, and to uphold the overall security of Powermetrics, our team may need to access your data. Such access is always approached with discretion and your privacy in mind.

# 8. Intellectual Property Rights

All content, features, and functionality of Powermetrics, including but not limited to software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music, are the property of us, our licensors, or other providers of such material. They are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our service, except as expressly permitted by these terms or with prior written consent from us.

Users should not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity, or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights.

Users may offer feedback, suggestions, and ideas regarding Powermetrics. By providing such feedback, users grants us the right to use, incorporate, and further develop the provided feedback in any manner and for any purpose, including in future enhancements and modifications to Powermetrics, without any obligation for compensation or credit to the user.

# 9. Liability and Disclaimer

Powermetrics is provided "as is" without any warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We shall not be liable for any indirect, special, incidental, consequential, or exemplary damages, whether based on breach of contract, breach of warranty, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

The total aggregate liability of us for any claim arising out of or related to the services shall not exceed the amount paid by the user in the twelve (12) months preceding the filing of such claim.

# 10. General Conditions

These Terms of Service and any disputes arising from or related to Powermetrics are governed by and construed according to the laws of Germany, without regard to its conflict of law principles. Both parties agree to submit exclusively to the jurisdiction of the courts located in Berlin, Germany, for any legal action arising from these Terms or the use of Powermetrics.

If a competent court deems any provision of these Terms invalid or unenforceable, that provision will be struck out, leaving the remaining provisions enforceable.

These Terms constitute the entire agreement between the user and us concerning Powermetrics' use, superseding any prior oral or written agreements or understandings on this subject.

We reserve the right to modify, update, or change these Terms of Service at any time. While we will make reasonable efforts to notify registered users of significant changes via email, it remains the user's responsibility to review these Terms regularly. Continued use of Powermetrics after any such modifications constitutes the user's agreement to the updated Terms.

For any questions, comments, or concerns related to these Terms of Service, please contact us at [email protected].

Last updated: 2023-09-21