Terms & Conditions

These Terms and Conditions are a contractual Agreement between the Company, our partners and users. You and the Company agree as follows:

1. Definitions

  • The "Agreement" refers to these Terms of Service (the "Terms"), our Privacy Policy, and all other operating rules, policies, and procedures that we may publish periodically on the Website.
  • The Company means the business corporation ExploreKPI Company. "We," and "us" refer to the Company, owner of the Products, doing business as the Company, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  • The "Service" refers to the Application/s and online products provided by the Company.
  • The "Application" (App) refers to Company's website located on the Company Server, all subdomains of the Company, and all content, services, and products provided by the Company.
  • "User," "you," and "your" means any business corporation or natural person conducting a business who purchased and/or uses the Software Product of the Company. A User must be at least 13 years of age.
  • "Authorized Users" refer to Users and the Company personnel that its Users are authorized to access our Service.
  • A "Subscription" is an online order for the Service completed and submitted by you through this Website and accepted by the Company or another written agreement or purchase order for the Service accepted by both you and the Company.
  • The "Subscription Date" refers to the date you submit your online order through the Website or the date you accept an agreement that is ultimately accepted by both you and the Company.

2. Purpose

Company's purpose is to supply Business Intelligence (BI) Management Tools software development by establishing the Strategy of the Customer and connecting the Strategy with the Customer activity as described on our Website on the Subscription Date. We operate our Service on our Company's hosting servers to enable Authorized Users to access and use our Service via the web. By using or accessing any part of our Service, you are representing that you have the capacity and authority to enter into this agreement and are consenting on behalf of yourself and/or as an authorized representative of your company. The Company Tools are not entering Customers Data Systems, using only Reports produced by the Customer.

3. Provisions to Services

The Company distributes the Service online. You are solely responsible for providing, installing, and maintaining at your own expense all equipment, facilities, and services necessary to enable Authorized Users' access and use of the Service through the interface, including all computer hardware, software, and Internet access.

You are solely responsible for tracking and for ensuring the security and confidentiality of all user identifiers and passwords. The Company has no liability with respect to any use or misuse of such identifiers or passwords.

4. Attention

You will use commercially reasonable efforts to ensure that all access to and use of the Service by you or Authorized Users will conform to this Agreement and will be made and used solely for proper and legal purposes.

No provision of this Agreement includes the right to, and you will not, directly or indirectly:

  1. Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service
  2. Take any action that imposes an unreasonable or disproportionately large load on Company's infrastructure
  3. Knowingly upload invalid data, viruses, worms, or other software agents through the Service
  4. Enable any person or entity other than Authorized Users to access and use the Service
  5. Modify or create any derivative work based upon the Service
  6. Engage in any copying or distribution of the Service
  7. Reverse engineer, disassemble, or decompile any portion of the Service
  8. Access the Service to build a competitive solution
  9. Remove, obscure, or alter any proprietary notice related to the Service
  10. Engage in any use or activity that is not expressly authorized under this Agreement

5. Subscription Duration

This Agreement will commence on the Subscription Date and continue for the number of months or year(s) specified in the Subscription (the "Initial Period"). If you are using a Paying Plan, this Agreement will automatically renew for successive renewal periods unless one party gives notice of termination. If you are using the Service under a Free Plan, this Agreement will be deemed month-to-month.

6. Payments

6.1 Pricing:

All fees for the Service will be based on the pricing published at the Website as of the Subscription Date. Pricing may automatically increase by the CPI to adjust for inflation.

6.2 Authorization for payment:

You agree to give the Company permission to charge you using your payment method for any services used during the Service Period.

6.3 Billing schedule:

Payments for credit card accounts are due when the invoice is posted. Payments for check, wire transfer, or ACH are due within 10 days. All prepayments are non-refundable.

6.4 Missed payments:

Any amount not paid when due will bear interest at 1.5% per month or the maximum rate permitted by law.

7. Legal

You can cancel your account at any time through your account settings. The Company may terminate this Agreement immediately upon notice if you breach any provisions. This Agreement is governed by the laws of Austria, and disputes will be subject to the exclusive jurisdiction of courts in Vienna.

8. Capacity

The Company will use commercially reasonable efforts to maintain 99.8% availability of the Service. For Paying Plans, the Company will provide in-product and email support with commercially reasonable response times within 48 hours.

9. Agents; Third-Party Content

The Company may make various APIs, agents, libraries, and other materials available to support your use of the Service. You acknowledge that certain content may be subject to open source license terms.

10. Confidentiality

"Confidential Information" means any information that is proprietary or confidential to the Discloser. Each party will protect the other's Confidential Information using reasonable standards of care and use it solely for authorized purposes.

11. Ownership of Data

You retain ownership of all Customer Data. You grant the Company a limited license to use Customer Data to provide and support the Service. The Company may use aggregated and anonymized data for reports and promotional materials.

12. Intellectual Property

The Service and Technology constitute valuable intellectual property rights of the Company. The Company owns all right, title, and interest in the Service and Technology. No ownership rights are transferred to you under this Agreement.

13. Limitations of Liability

The Company will not be liable for any incidental, indirect, special, consequential, or exemplary damages. Our liability is limited to the fees you paid to the Company. These limitations apply whether based on contract, tort, negligence, or any other basis.

14. Representations and Indemnities

You represent that you have authority to enter this Agreement and own all rights to Customer Data. You agree to indemnify the Company against claims arising from your use of the Service. The Company will indemnify Paying Plan customers against intellectual property infringement claims.

15. Others

15.1 Non-Assignability:

The Company may assign this Agreement. You may not assign this Agreement without consent.

15.2 Governing Law:

This Agreement is governed by Austrian law.

15.3 Import-Export Controls:

You will comply with all applicable import, export, and economic sanctions regulations.

15.4 Communications:

The Company may send notices electronically to your specified email address.

15.5 Entire Agreement:

This Agreement and the Privacy Policy represent the complete agreement between the parties.

If you have any questions or concerns about these Terms of Service, please contact us.
Last updated: June 12, 2025