Terms of Service

§ 1 Provider and scope

trackd.one is provided by Eduard Ditler, trading as Mignuti Media, Pfarrer-Mengesstr. 5, 56112 Lahnstein, Germany ("we"). These Terms apply to all contracts for the use of trackd.one between us and our customers ("you"). Deviating terms of the customer only apply if we expressly agree to them in text form.

§ 2 Conclusion of the contract

The contract for the free plan is concluded when you register and expressly accept these Terms and the DPA.

You book paid plans in your account: after choosing a plan, you see an order summary with plan, price and term. Clicking "Subscribe with obligation to pay" takes you to our payment provider Stripe; the contract for the selected plan is concluded when you complete checkout. Until then you can correct input errors or cancel at any time. After conclusion you receive a contract confirmation with these details, the withdrawal information and the model withdrawal form by email.

You can view, print and save the version of the Terms and the DPA applicable at conclusion on this page and at /dpa. The contract languages are German and English.

§ 3 Services

trackd.one is an analytics platform for websites and apps. You get access to a dashboard as well as a tracking script, SDKs and interfaces to collect and analyse page views, screens, events, revenue and other metrics. The specific features and limits result from the pricing overview for the respective plan at the time of booking.

We continuously develop trackd.one. We may change features provided the contractually agreed core of the service is preserved and the change is reasonable for you.

§ 4 Availability

We strive for high availability. We only owe a specific availability (SLA) if expressly agreed separately. Temporary restrictions may arise in particular from maintenance, security measures or disruptions at infrastructure providers for which we are not responsible. Wherever possible, we carry out planned maintenance at low-traffic times.

§ 5 Plans and limits

Each plan includes limits, in particular for the number of projects (websites or apps), events per month (pageviews and custom events of all projects combined), team members, uptime monitors and the retention of aggregated statistics:

• Free: 2 projects, 50,000 events per month, 1 user, retention 180 days
• Pro: 10 projects, 250,000 or 500,000 events per month, 3 users, retention 1,095 days (3 years), API and funnels
• Business: unlimited projects and users, 1M, 2.5M, 5M or 10M events per month, retention 1,825 days (5 years), plus white-label and embeds
• Enterprise: by individual agreement (incl. volume and retention up to 10 years)

Individual records (e.g. for filters, funnels and exports) are kept for at most 400 days on all plans.

Trial: once per account you can try the Business plan free of charge for 14 days. No payment details are required; the trial ends automatically without creating a paid contract. Afterwards your previous plan applies again.

Exceeding the event limit: on the free plan, once the monthly limit is reached further events are not collected until the start of the next calendar month. On paid plans collection continues beyond the limit (up to at most three times the limit as protection against abuse); one-off overruns have no consequences. If usage exceeds the limit for two complete calendar months in a row, we lock the reports in the dashboard until you switch to a suitable volume tier; collection continues and no data is lost. There is no automatic upgrade to a more expensive plan and no usage-based extra charge.

If you switch to a plan with a shorter retention period (downgrade or end of a paid plan), the previous retention still applies for 30 days. After that, data beyond the new retention period is deleted. Export any data you need in good time.

§ 6 Prices, payment and term

The prices in the pricing overview at the time of booking apply. All prices are gross prices including statutory VAT (currently 19%). Monthly: Pro €9 (250,000 events) or €15 (500,000 events); Business €29 (1M), €49 (2.5M), €79 (5M) or €129 (10M events). With yearly billing you pay the price of ten months for twelve months ("2 months free"), e.g. Pro €90 per year. Enterprise prices are agreed individually. For customers in other EU countries a different VAT rate may apply under the place-of-supply rules; businesses with a valid VAT ID in another EU country may be invoiced under the reverse-charge procedure. The information shown during checkout and on the invoice is authoritative.

Paid plans are billed in advance via Stripe — monthly or yearly, as chosen when booking:

• Monthly plan: renews for a further month unless cancelled beforehand. You can cancel at any time with effect from the end of the current billing period; the plan stays active until then.
• Yearly plan: the initial term is twelve months; you can cancel with effect from the end of this term. If you are a consumer and do not cancel, the contract continues for an indefinite period and can then be cancelled at any time with one month's notice; amounts paid in advance for the time after the end of the contract are refunded pro rata. If you are a business, the yearly plan renews for a further twelve months unless cancelled before it expires.

You can change plan, volume tier and billing interval in the settings. The change takes effect immediately; the price difference for the current billing period is prorated. Before each change you see the new price and confirm it expressly ("Change with obligation to pay").

We announce price changes in text form at least 30 days before they take effect; they apply at the earliest from the following billing period. You can terminate the contract with effect from the date of the change until it takes effect. If you are a consumer, a price increase only becomes effective with your express consent.

§ 7 Customer obligations

In particular, you undertake to

• use trackd.one only for websites and apps you operate or are authorised for;
• inform the visitors or users of your offering about the use of trackd.one in your privacy policy and obtain consent where required (e.g. under Section 25 TDDDG or Art. 6 GDPR) — this assessment is your responsibility as controller;
• not send any data that directly identifies persons (e.g. names, email addresses, phone numbers, customer numbers in clear text) or special categories of personal data (Art. 9 GDPR) in event names, event data, page titles, paths, order IDs or A/B test seeds;
• offer a way to turn off analytics in apps (e.g. via setEnabled(false));
• keep credentials and API keys secret and notify us of any misuse without undue delay;
• not misuse trackd.one, in particular not to circumvent limits, through excessive automated requests or for unlawful purposes.

§ 8 Data protection and processing on behalf

Where we process personal data of visitors or app users for you, we act as a processor on the basis of the data processing agreement (/dpa) that you accept when registering. The processing of your own account data is described in our privacy policy. We use your analytics data solely to provide the service; we do not sell it or use it for advertising.

§ 9 Support access

To handle support requests and analyse errors, expressly authorised administrators may view your account in a read-only view for at most 60 minutes per session. Keys and secrets remain hidden and exports are blocked. Every access is logged.

§ 10 Suspension

We may temporarily suspend your account or individual features if there are concrete indications of a material breach of these Terms or of applicable law, if there is a risk to the security or stability of the service, or if you are in default with due payments despite a reminder. We take your legitimate interests into account, choose the mildest suitable measure and inform you in advance where possible. The suspension is lifted as soon as the reason no longer applies.

§ 11 Termination and account deletion

You can cancel a paid plan according to the term rules (section "Prices, payment and term") — in your account settings ("Invoices & payment method"), without logging in via the "Cancel contracts here" button (/cancel) at the bottom of every page, or in text form (e.g. by email to trackdone@mignuti.com). We confirm receipt of the cancellation in text form without undue delay. After the contract ends, the free plan applies.

You can also end the contract at any time by deleting your account in the settings; a running subscription then ends immediately and is not refunded pro rata unless the law provides otherwise. We may terminate the free plan with 30 days' notice in text form. Both parties' right to terminate for good cause remains unaffected.

After an account or website is deleted, the associated data is deleted asynchronously in daily clean-up runs; it may remain in database backups for up to 30 days. Export any data you need before deletion. Statutory retention obligations (e.g. for invoices) remain unaffected.

§ 12 Liability

We are liable without limitation for damage resulting from injury to life, body or health, for damage caused by intent or gross negligence, under the German Product Liability Act and to the extent of any guarantee given.

In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the foreseeable damage typical for the contract at the time of conclusion. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely (cardinal obligations).

Otherwise, liability for slight negligence is excluded. The above limitations also apply in favour of our vicarious agents. Liability under Art. 82 GDPR remains unaffected.

§ 13 Rights to data and software

The rights to the analytics data you collect remain with you; you can export it at any time. For the term of the contract you receive a simple, non-transferable right to use trackd.one, including the tracking script and SDKs, as intended.

§ 14 Changes to these Terms

We will notify you of changes to these Terms in text form (e.g. by email) at least 30 days before they take effect and highlight the differences. Changes affecting the balance of performance and consideration or material rights and obligations only take effect with your express consent. If you are a consumer, this applies to every change.

If you do not agree to a change, you can terminate the contract free of charge with effect from the date of the change until it takes effect; until then the previous terms apply. Your silence is not deemed consent to material changes.

§ 17 Consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 VSBG).

§ 18 Governing law and place of jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another country, the mandatory consumer protection provisions of that country remain unaffected.

If you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Koblenz, Germany. We remain entitled to sue you at your general place of jurisdiction.

§ 19 Final provisions

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected; the statutory provisions take the place of the invalid provision. Declarations under this contract can be made in text form (e.g. by email to the address stored in the account or to trackdone@mignuti.com).