Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Loheden AI Solutions AB, a company registered in Sweden ("Company", "we", "us", or "our"), governing your access to and use of the Respectlytics analytics platform, including all associated websites, APIs, SDKs, documentation, and related services (collectively, the "Service").

By accessing or using the Service, creating an account, or clicking to accept these Terms, you represent and warrant that you have the legal capacity to enter into a binding agreement and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" shall include that organization.

If you do not agree to all of these Terms, you are not authorized to access or use the Service and must immediately discontinue any use.

These Terms incorporate by reference our Privacy Policy and our Data Processing Agreement. By using the Service, you agree to both documents. If you are using the Service in a context where a data processing agreement is required by applicable law, our Data Processing Agreement applies automatically to your use of the Service.

While our Service is designed with privacy in mind, we do not provide legal advice regarding regulatory compliance. You are responsible for consulting with your legal team to determine your specific compliance requirements based on your jurisdiction and use case.

2. Description of Service

Respectlytics provides an analytics platform for mobile and web application developers. The Service includes:

• An event tracking API for submitting analytics data from mobile and web applications
• Software development kits (SDKs) for integrating the API into applications
• A web-based dashboard for viewing and analyzing aggregated analytics data
• Funnel analysis, conversion tracking, and segment comparison tools
• Geographic distribution and session-based engagement metrics
• Data export functionality

The Service is provided on an "as is" and "as available" basis. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information as requested during registration
• Maintain and promptly update your account information to keep it accurate and complete
• Verify your email address as required by the registration process
• Be at least sixteen years of age or the age of majority in your jurisdiction, whichever is greater

3.2 Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password and API keys. You agree to:

• Use a strong, unique password for your account
• Not share your account credentials with any third party
• Not allow any other person to access or use your account
• Immediately notify us of any unauthorized access to or use of your account
• Accept full responsibility for all activities that occur under your account

We shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials or from any unauthorized access to your account.

3.3 API Keys

Each application you create within the Service receives a unique API key. You acknowledge and agree that:

• API keys are confidential credentials and must be kept secure
• API keys should not be embedded in publicly accessible client-side code, source repositories, or any location where they may be extracted by unauthorized parties
• You must regenerate API keys immediately if you believe they have been compromised
• You are responsible for all usage of the Service through your API keys, regardless of whether such usage was authorized by you
• We may invalidate API keys without notice if we detect abuse, security concerns, or violations of these Terms

4. Data Collection and Privacy Requirements

4.1 Session-Based Analytics

The Service implements session-based analytics designed with privacy as a core principle. By using the Service, you acknowledge and agree that:

• The Service does not track individual users across sessions
• Session identifiers are ephemeral and stored only in device memory
• The Service does not accept or process persistent user identifiers, device identifiers, or advertising identifiers
• IP addresses are processed transiently for geolocation purposes only and are never stored

4.2 Prohibited Data Submission

You expressly agree not to submit, transmit, or cause to be transmitted through the Service any of the following categories of data:

• Personally identifiable information (PII) including but not limited to names, email addresses, phone numbers, physical addresses, government-issued identification numbers, or financial account numbers
• Device identifiers including IDFA, IDFV, Android Advertising ID, Android ID, hardware serial numbers, or any similar persistent device identifiers
• User account identifiers, customer IDs, or any other identifiers that could be used to track individuals across sessions or link analytics data to specific persons
• Precise geolocation data or GPS coordinates
• Health, medical, biometric, or genetic data
• Financial information including payment card numbers, bank account details, or transaction records
• Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or sexual orientation
• Data concerning children under the age of thirteen or the applicable age of digital consent in relevant jurisdictions
• Any data that you do not have the lawful right to collect, process, or transmit

4.3 Your Privacy Obligations

You are solely responsible for determining and ensuring that your use of the Service complies with all applicable privacy laws and regulations in your jurisdiction. While our Service is designed with privacy in mind, regulations and their interpretation vary by jurisdiction and change over time. You agree to:

• Consult with your legal team to determine your specific compliance requirements, including whether user consent is required in your jurisdiction
• Maintain a privacy policy in your applications that accurately describes your data collection practices
• Obtain any consents or authorizations required by applicable law before submitting data to the Service
• Respond to data subject requests regarding analytics data where required by applicable law
• Not use the Service in any manner that would violate the privacy rights of any individual

We do not provide legal advice. Our privacy-focused architecture is designed to minimize data collection, but the determination of whether consent or other compliance measures are required for your specific use case is your responsibility.

5. Subscription Plans and Payment

5.1 Subscription Plans

The Service is offered through various subscription plans with different usage limits and features. Current plans and pricing are displayed on our website and may be changed at any time. Changes to pricing will not affect your current billing period but will apply to subsequent billing periods.

5.2 Trial Period

New accounts may be eligible for a trial period as described during registration. Trial terms, including duration and event limits, are subject to change. At the end of the trial period, your account will be subject to the limitations of unpaid accounts unless you subscribe to a paid plan.

5.3 Payment Processing

Payment processing is handled by Stripe, Inc., a third-party payment processor. By subscribing to a paid plan, you agree to:

• Provide accurate and complete billing information
• Authorize us to charge the payment method provided for all applicable fees
• Keep your payment information current and accurate
• Accept Stripe's terms of service in addition to these Terms

We do not store credit card numbers or sensitive payment credentials. All payment data is processed and stored by Stripe in accordance with PCI-DSS requirements.

5.4 Billing and Renewals

Paid subscriptions are billed in advance on a recurring basis (monthly or annually, depending on the plan selected). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method for recurring fees until you cancel.

5.5 Usage Limits

Each subscription plan includes usage limits, including limits on the number of events that may be submitted during each billing period. If you exceed your plan's usage limits:

• We may notify you and provide an opportunity to upgrade to a higher-tier plan
• Event submission may be throttled or suspended until the next billing period or until you upgrade
• We reserve the right to bill for overage at our then-current overage rates

5.6 Refunds

Subscription fees are non-refundable except where required by applicable law. If you cancel your subscription, you will retain access to paid features until the end of your current billing period, but no refund will be provided for the unused portion of that period.

6. Acceptable Use Policy

You agree not to use the Service in any manner that:

• Violates any applicable local, state, national, or international law or regulation
• Infringes any intellectual property or other proprietary rights of any party
• Transmits any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable
• Interferes with or disrupts the Service or servers or networks connected to the Service
• Attempts to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service
• Uses automated means, including robots, spiders, or scrapers, to access the Service except through our published APIs in accordance with their documentation
• Attempts to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Service
• Circumvents, disables, or interferes with security features of the Service, including rate limits, authentication mechanisms, or access controls
• Uses the Service to track, monitor, or surveil individuals in violation of their privacy rights
• Resells, redistributes, or provides access to the Service to third parties without our prior written consent
• Uses the Service in any manner that could damage, disable, overburden, or impair the Service
• Uses the Service to collect or store personal data about other users without their consent

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

7. API Usage and Rate Limits

7.1 Rate Limiting

The Service implements rate limiting to ensure fair usage and protect infrastructure integrity. Rate limits may vary based on your subscription plan and are subject to change. If you exceed rate limits, your requests may be temporarily rejected with HTTP 429 status codes.

7.2 API Availability

While we strive to maintain high availability of the API, we do not guarantee any specific uptime or availability. We may perform maintenance, updates, or modifications to the API at any time, which may result in temporary unavailability. We are not liable for any damages arising from API unavailability or modifications.

7.3 API Modifications

We reserve the right to modify, deprecate, or discontinue API endpoints, features, or SDKs at any time. While we will endeavor to provide reasonable notice of material changes, we are not obligated to maintain backward compatibility and are not liable for any damages resulting from API modifications.

8. Intellectual Property

8.1 Company Intellectual Property

The Service, including all content, features, functionality, software, designs, text, graphics, logos, and other materials, is owned by or licensed to the Company and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, except as permitted by these Terms.

8.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes. This license does not include the right to:

• Sublicense, resell, or redistribute the Service
• Modify or create derivative works based on the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices on the Service

8.3 Your Data

You retain all rights to the analytics data you submit to the Service. By submitting data, you grant us a non-exclusive, worldwide, royalty-free license to process, store, and display such data solely as necessary to provide the Service to you. We do not claim ownership of your data and will not use it for purposes unrelated to providing the Service.

9. Account Termination

9.1 Termination by You

You may terminate your account at any time by canceling your subscription through the dashboard or by contacting us. Upon termination:

• Your access to the Service will continue until the end of any prepaid billing period
• Your API keys will be invalidated upon account deletion
• Your analytics data will be deleted in accordance with our data retention policies
• No refunds will be provided for unused portions of prepaid subscription periods

9.2 Termination by Us

We may suspend or terminate your account and access to the Service, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of these Terms, including the Acceptable Use Policy or data submission requirements
• Submission of prohibited data categories
• Non-payment of fees or failure of payment method
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Upon request by law enforcement or other government agencies
• Discontinuation or material modification of the Service

We will provide notice of termination when feasible, but we reserve the right to terminate without notice in cases of serious violations, security concerns, or legal requirements.

9.3 Effect of Termination

Upon termination of your account for any reason, your right to access and use the Service immediately ceases. Sections of these Terms that by their nature should survive termination will survive, including but not limited to provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, and governing law.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY ANALYTICS DATA OR INSIGHTS
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

We do not warrant that the Service will be compatible with your applications, systems, or devices. Any reliance on the Service or any data or information obtained through the Service is at your own risk.

Some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
• IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100)
• THESE LIMITATIONS APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some or all of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or related to:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your violation of any applicable laws, rules, or regulations
• Any data you submit to the Service, including claims that such data violates the rights of any third party or applicable law
• Any claim by a third party arising from or related to your applications that integrate with the Service
• Your failure to comply with the data submission requirements or acceptable use policy

Exceptions: Your indemnification obligations do not apply to the extent that claims arise from our breach of these Terms, our Privacy Policy, our Data Processing Agreement, or our gross negligence or willful misconduct.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

13.2 Jurisdiction

For business users: Any dispute, controversy, claim, or legal proceeding arising out of or relating to these Terms, the Service, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the competent courts of Sweden. By accessing or using the Service for business purposes, you irrevocably submit to the exclusive jurisdiction of the Swedish courts and agree that:

• All disputes must be resolved exclusively in the courts of Sweden
• The decisions and judgments of Swedish courts shall be final and binding upon you
• You waive any objection to venue or jurisdiction in Swedish courts, including any objection based on inconvenient forum
• You consent to personal jurisdiction in Swedish courts

For consumer users: If you are a consumer (using the Service for personal, non-business purposes) in a jurisdiction where exclusive jurisdiction clauses are not enforceable against consumers under mandatory consumer protection laws (such as the EU Brussels I Regulation), disputes shall be resolved in accordance with such mandatory laws. Nothing in these Terms shall deprive you of the protection afforded by provisions that cannot be derogated from by agreement under the laws of your country of residence.

Your continued use of the Service constitutes your acceptance of this dispute resolution framework.

13.3 Time Limitation

Any cause of action or claim you may have arising out of or relating to these Terms or the Service must be commenced within one year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If such modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

14.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

14.7 Notices

We may provide notices to you via email to the address associated with your account or by posting notices on the Service. You are responsible for keeping your email address current. Notices sent by email are deemed received on the date sent. Notices posted on the Service are deemed received on the date posted.

Marketing communications: We may send you product news and updates only if you have opted in to receive such communications in your account settings. You may opt out at any time through your account settings or by using the unsubscribe links included in such emails. For details on our email categories and your preferences, see Section 5.1 of our Privacy Policy.

14.8 Export Control

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control. You may not use, export, or re-export the Service in violation of such laws or regulations.

15. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this document
• Provide notice to registered users via email at least thirty days before the changes take effect, where practicable
• Post a notice on the Service

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service and terminate your account before the effective date of the changes.

For non-material changes, we may update these Terms without prior notice, and your continued use of the Service constitutes acceptance of such changes.

16. Contact Information

For questions about these Terms of Service or any other inquiries, please contact us:

Loheden AI Solutions AB
Vretavägen 26
71993 Vintrosa
Sweden

Email: [email protected]