1. Introduction
Welcome to Usertune ("we", "our", or "us"). These Terms and Conditions ("Terms") govern your use of our
real-time content personalization platform and related services (collectively, the "Service") operated by
Usertune, located in Berlin, Germany.
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part
of these terms, then you may not access the Service.
2. Description of Service
Usertune provides a real-time content personalization platform that enables developers and businesses to
deliver tailored digital experiences. Our Service includes:
- Real-time content personalization APIs
- Edge-optimized content delivery
- Flexible content targeting and management
- Developer-friendly REST and GraphQL APIs
- Dashboard and analytics tools
3. Account Registration and Eligibility
To use our Service, you must register for an account. You must be at least 18 years old and legally
capable of entering into binding contracts. By creating an account, you represent and warrant that:
- You are at least 18 years of age
- All information you provide is accurate and current
- You will maintain the security of your account credentials
- You will not share your account with others
4. Subscription Plans and Billing
4.1 Plan Types
We offer the following subscription plans:
- Free Plan: €0 forever - 2 Workspaces, 2 Content pieces each, 2 Variants each
- Starter Plan: €2/month - 10 Workspaces, 10 Content pieces each, 10 Variants each
- Growth Plan: €20/month - 100 Workspaces, 100 Content pieces each, 100 Variants each
- Scale Plan: €200/month - 1000 Workspaces, 1000 Content pieces each, 1000 Variants each
4.2 Billing and Payment
All prices are in Euros and include applicable taxes and VAT. Payments are processed securely through
Stripe. Subscriptions are billed monthly in advance. You authorize us to charge your designated payment
method for all fees incurred.
4.3 Free Trial
We offer a 7-day free trial for all paid plans. A credit card is required to start the trial. You will
be charged automatically after the trial period unless you cancel before the trial ends.
5. Acceptable Use Policy
You agree not to use our Service to:
- Violate any applicable laws or regulations
- Infringe upon the intellectual property rights of others
- Transmit harmful, offensive, or illegal content
- Attempt to gain unauthorized access to our systems
- Use the Service for competitive intelligence or benchmarking
- Exceed rate limits or abuse our APIs
- Resell or redistribute our Service without permission
6. Data Protection and Privacy
We are committed to protecting your privacy and complying with the General Data Protection Regulation (GDPR)
and other applicable data protection laws. Our processing of personal data is governed by our Privacy Policy,
which forms an integral part of these Terms.
When you use our Service to personalize content for your users, you are the data controller and we act as
a data processor. You are responsible for ensuring you have the legal basis to process personal data and
for providing appropriate privacy notices to your users.
7. Intellectual Property Rights
The Service and its original content, features, and functionality are and will remain the exclusive property
of Usertune and its licensors. The Service is protected by copyright, trademark, and other laws. Our
trademarks may not be used without our prior written consent.
You retain ownership of the content you upload to our Service. By uploading content, you grant us a
non-exclusive, worldwide, royalty-free license to use, store, and process your content solely to provide
the Service.
8. Service Availability
We strive to maintain 99.97% uptime for our Service. However, we do not guarantee uninterrupted access
and may experience downtime for maintenance, updates, or due to factors beyond our control. We will
provide advance notice of scheduled maintenance when possible.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Usertune shall not be liable for any indirect,
incidental, special, consequential, or punitive damages, including without limitation, loss of profits,
data, use, goodwill, or other intangible losses, resulting from your use of the Service.
Our total liability to you for all claims arising from or relating to the Service shall not exceed the
amount you have paid us in the twelve (12) months preceding the claim.
10. Termination
You may terminate your account at any time by contacting us at [email protected]. We may terminate
or suspend your account immediately, without prior notice, if you breach these Terms.
Upon termination, your right to use the Service will cease immediately. We will retain your data for
30 days after termination, after which it will be permanently deleted unless required by law to retain it longer.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Germany. Any disputes
arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction
of the courts in Berlin, Germany.
For consumers within the European Union, you may have the right to bring disputes before the courts
of your country of residence or to use alternative dispute resolution mechanisms.
12. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting
the new Terms on this page and updating the "Last updated" date. You are advised to review these
Terms periodically for any changes.
Your continued use of the Service after any modifications constitutes acceptance of the new Terms.
13. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
- Email: [email protected]
- Customer Support: [email protected]
- Address: Berlin, Germany
14. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the entire agreement between
us regarding our Service and supersede any prior agreements.
