Terms

Great that you are using VitalFrog! Thank you.

When we say ”company”, “we”, “our”, “us”, ”service” or ”services” in this document, we are referring to VitalFrog (and me Simon Frey as natural legal entity behind hit)

There might be updates to these Terms of Service in the future. Whenever a significant change to this policies happen, they will also be announced on the blog.

When you use VitalFrog, right now or in the future, you are agreeing to the latest Terms of service. This holds true for any existing and also future added feature/product that is added to VitalFrog over the time. There may be times when we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability. Our Data Processing Agreement (DPA) under the European General Data Protection Regulation (GDPR) forms part of these Terms of Service.

In case you do not agree with the Terms, you must not use VitalFrog. Violation of any terms below might result in termination of your account.

Account terms

You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for any activity that occurs under your account (even by others who have their own logins under your account).

You may not use our service for any illegal purpose or to violate any laws in your jurisdiction.

You must provide your legal full name and a valid email address in order to complete the signup process.

You must be a human. Accounts registered by bots or other automated methods are not permitted.

Payment, refunds, upgrading and downgrading terms

All VitalFrog Pro plans must be payed in advance to keep using the service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for 60 days, we will queue it up for auto-cancellation.

As paying customer you are billed automatically via credit card.

The number of events purchased in the paid plan must be used during the applicable term and any unused events at the end of the term are forfeited.

You will never be charged extra for an occasional traffic spike. There are no surprise fees and your card will never be charged unexpectedly. In the event the usage of events exceeds the paid plan you selected, we will contact you to upgrade to a higher plan for the following month. You will have two weeks to make a decision. You can decide to continue with a higher plan or to cancel your account at that point.

Our payment process is conducted by our payment processor Paddle. Paddle provides customer service inquiries and handles returns. All fees are inclusive of all taxes, levies, or duties imposed by taxing authorities. Paddle will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities. See Paddle’s Terms of Use for details.

Fees paid hereunder are non-refundable.

Cancellation and termination

You are solely responsible for properly canceling your account. An email to cancel your account is considered cancellation.

If you cancel the service before the end of your current paid up period, your cancellation will take effect imidiatly. All of your stats will be inaccessible from the moment the account is canceled.

Within 60 days of that, all stats will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.

We reserve the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account and site stats. We reserve the right to refuse service to anyone for any reason at any time. We have this clause because statistically speaking, out of the thousands of sites on our service, there may be at least one doing something nefarious.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any service customer, company employee or officer may result in immediate account termination.

Modifications to the service and prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the service with or without notice.

Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our blog or the affected services themselves.

VitalFrog shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

You are solely responsible for any content and other material that you submit, publish, transmit, email, or display on, through, or with the service.

We claim no intellectual property rights over the material you provide to the service. All site data remains yours.

You may provide us with feedback, suggestions, and ideas about the service. You agree that we own all rights to use and incorporate the feedback you provide in any way, including in future enhancements and modifications to the service, without payment or attribution to you.

You must not modify another website so as to falsely imply that it is associated with VitalFrog. The look and feel of the service is copyright© to Simon frey. All rights reserved.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the express written permission by the company.

Privacy and security of your data

When you use our service to measure field data, VitalFrog will collect information about your visitors. You entrust us with your site data and we take that trust to heart. You agree that we may process your data as described in our data policy and for no other purpose.

Each party agrees to handle the other party’s data in accordance with (i) all applicable laws; and (ii) privacy and security measures reasonably adequate to preserve the other party data’s confidentiality and security.

You own all right, title, and interest to your website data. We obtain no rights from you to your website data. We do not collect and analyze personal information from web users and we do not use behavioral insights to sell advertisements. We will never collect or store any personally identifiable information and we will never abuse your visitor’s privacy. When using VitalFrog, you 100% own and control all of your field data. We will never sell or share your site data to any third-parties.

You agree to comply with all applicable laws including all privacy and data protection regulations.

You agree not to use the service to send sensitive information to the company where unauthorized disclosure could cause material, severe, or catastrophic harm or impact to the company, any data subjects or third-parties. Sensitive information includes, but is not limited to credit card information, passport numbers, government issued identification numbers, financial account information, real time geolocation and personally identifiable information (PII). PII is information that could be used on its own to directly identify, contact, or precisely locate an individual.

General conditions

Your use of VitalFrog is at your sole risk. The service is provided on an “as is” and “as available” basis. We do take uptime of our application seriously. Visit our status page to see the status of our service.

We design our services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free services.

Technical support is provided by email. Email responses are provided on the reasonable effort basis without guaranteed response time.

We as humans can access your data to help you with support requests you make and to maintain and safeguard VitalFrog to ensure the security of your data and the service as a whole.

We use third party vendors to provide the necessary hardware, storage, payment processing and related technology required to run the Services. You can see a list of all subprocessors here.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that we shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our services, thank you for betting on us.

This agreement shall be governed by the laws of Germany, and the courts of Germany shall have exclusive jurisdiction to hear and determine all issues that may arise under or in relation to this agreement.

Contact me

If you have a question about any of the Terms of Service, please contact me.

Last updated: February 14, 2022