1. Definitions

Agreement

These Terms and Conditions, our Privacy Policy, and any additional policies, guidelines, or operating rules published on the Website.

Company

ExploreKPI GmbH, including its affiliates, subsidiaries, directors, officers, employees, contractors, licensors, and agents.

Service

The online software, applications, AI services, and related products provided by the Company.

Application

The ExploreKPI website, all associated subdomains, and related online services operated by the Company.

User

Any natural person or legal entity using the Service. Users must be at least 13 years old.

Authorized Users

Users and persons authorized by the User to access the Service.

Subscription

Any paid or free subscription accepted by the Company through the Website or another written agreement.

Subscription Date

The date on which the Subscription becomes effective.

2. Purpose

ExploreKPI provides Business Intelligence (BI) and performance management software designed to connect business strategy with measurable operational performance.

The Service enables customers to define business strategy, monitor KPIs, analyze reports, and access AI-powered insights through a secure web application.

ExploreKPI does not directly access customer internal systems. The Service operates exclusively on information provided by the customer, including uploaded reports and manually entered data.

3. Provision of Services

The Company provides the Service online. Users are responsible for maintaining the equipment, software, internet connection, and other resources necessary to access the Service.

Users are solely responsible for maintaining the confidentiality of login credentials and passwords. The Company accepts no responsibility for unauthorized access resulting from compromised credentials.

4. Acceptable Use

Users agree to use the Service only for lawful business purposes and in accordance with these Terms.

Users may not:

• Interfere with the security or integrity of the Service.
• Attempt unauthorized access to Company systems.
• Upload malicious software, viruses, or harmful code.
• Provide Service access to unauthorized persons.
• Modify or create derivative works of the Service.
• Copy, distribute, or resell the Service.
• Reverse engineer, decompile, or disassemble any part of the software.
• Use the Service to develop competing products.
• Remove copyright or proprietary notices.
• Use the Service in any manner prohibited by applicable law.

5. Subscription Duration

This Agreement begins on the Subscription Date and continues for the subscription period selected by the User.

Paid subscriptions automatically renew unless cancelled before the renewal date. Free subscriptions continue on a month-to-month basis until terminated.

6. Payments

6.1 Pricing

Service fees are based on the pricing published on the Website at the time of subscription. Prices may be adjusted periodically, including inflation adjustments.

6.2 Payment Authorization

By subscribing, you authorize the Company to charge your selected payment method for applicable subscription fees.

6.3 Billing

Credit card payments are charged automatically. Bank transfers and other payment methods are due within ten (10) days unless otherwise specified. Subscription payments are non-refundable except where required by law.

6.4 Late Payments

Outstanding balances may accrue interest at 1.5% per month or the maximum rate permitted by applicable law.

7. Termination

Users may cancel their subscription at any time through their account settings.

The Company may suspend or terminate accounts immediately if these Terms are violated.

8. Service Availability

The Company will use commercially reasonable efforts to maintain approximately 99.8% Service availability.

Paid subscription plans include email and in-product support with target response times of up to 48 hours.

9. Third-Party Services

The Service may integrate APIs, libraries, open-source software, or other third-party technologies. Such components remain subject to their respective licenses.

10. Confidentiality

Each party agrees to protect confidential information received from the other party using reasonable security measures and to use such information solely for purposes permitted under this Agreement.

11. Ownership of Data

Customers retain ownership of all data they upload or create using the Service.

Users grant the Company a limited license to process Customer Data solely for providing, maintaining, securing, and improving the Service.

Aggregated and anonymized statistical information may be used for product improvement, analytics, and marketing purposes.

12. Intellectual Property

All software, algorithms, source code, AI models, documentation, trademarks, logos, designs, and other intellectual property associated with ExploreKPI remain the exclusive property of the Company or its licensors.

No ownership rights are transferred to Users through use of the Service.

13. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, business interruption, or loss of data.

The Company's total liability shall not exceed the subscription fees paid by the User during the twelve (12) months preceding the event giving rise to the claim.

14. Representations & Indemnification

Users represent that they have the authority to enter into this Agreement and possess all necessary rights to any data uploaded to the Service.

Users agree to indemnify and hold harmless the Company from claims arising from misuse of the Service or violation of these Terms.

15. Miscellaneous

15.1 Assignment

The Company may assign this Agreement. Users may not assign their rights without prior written consent.

15.2 Governing Law

These Terms shall be governed by the laws of the Republic of Austria.

15.3 Export Compliance

Users agree to comply with all applicable import, export, sanctions, and trade regulations.

15.4 Electronic Communications

The Company may send notices electronically using the email address associated with your account.

15.5 Entire Agreement

These Terms, together with the Privacy Policy and any referenced documents, constitute the complete agreement between the parties.

Questions

If you have any questions regarding these Terms & Conditions, please contact us at [email protected].

Last updated: June 12, 2025