Terms of use for the standard integration

1. Contracting parties and structure of these Terms of Service
    
   1. Parties
      
      The business customer ("Customer") concludes a service contract ("Contract") with Visitor Analytics GmbH, Seestraße 76, 82235 Berg registered under commercial register number HRB 214117 Amtsgericht München ("TWIPLA"; TWIPLA and Customer hereinafter together the "Parties" and each a "Party") for the use of the Platform.
       
   2. Customer as a company
      
      TWIPLA only concludes contracts with customers who are companies, i.e. natural or legal persons acting in connection with their commercial or self-employed activity. By concluding the contract, the customer confirms that they are concluding the contract in connection with their commercial or self-employed activity.
       
   3. Contract components
      
      The contract consists of the online order form, which is completed by the customer on the website https://www.twipla.com/ ("Website"), these Terms of Service and the Data Processing Contract (Annex 2) (https://www.twipla.com/en/support/legal-data-privacy-certificates/standard-integration/privacy-policy).
       
2. Definitions
   
   "Contract" has the meaning as defined in Section 1.1  of these Terms of Service.
   
   "Contract term" is the term of this contract. 
   
   "Customer(s)" means the business customer(s) of TWIPLA, as defined in Section 1.1.
   
   "Customer website" is the customer's website on which the services (if ordered) are used.
   
   "DPA" is the Data Processing Contract in Annex 2 to these Terms of Service and on our website https://www.twipla.com/en/support/legal-data-privacy-
   certificates/standard-integration/privacy-policy.
   
   "Online Order Form" has the meaning as defined in Section 1.3 and 3 "Conclusion of the Contract" of these Terms of Service.
   
   "Personal data" means any information relating to an identified or identifiable natural person, as defined in the EU General Data Protection Regulation (EU) 2016/679 ("GDPR").
   
   "Personal Usage Data" means Personal Data collected by the Services from visitors, customers, employees/authorized persons of customers, or
   employees/authorized persons of TWIPLA, at the time of entry or automatically on behalf of the customer.
   
   "Platform" is the web-based Twipla interface with diagrams, graphics and maps that is available for most functions of the services.
   
   "Premium Edition" refers to the price plans described in Section 7 "Fees" of these Terms of Service.
   
   "Premium Edition Change" is the change from one Premium Edition to another, or from one payment cycle to another.
   
   "Service(s)" refers to the TWIPLA Services described in Section 4 "Services" of these Terms of Service and ordered by the customer.
   
   "Statistical Data" means the Personal Usage Data and anonymous website usage data collected by specific functions of the Services on behalf of the Customer and made available to the Customer via the Platform.
   
   "Subcontractor" means any subcontractor engaged by TWIPLA or by another subcontractor of TWIPLA to assist in the provision of the Services to the Customer.
   
   "Visitors" are the visitors who use the customer website.
   
   "Website" refers to the TWIPLA website at https://www.twipla.com/en.
    
3. Conclusion of the contract
   
   Information on the website does not constitute a binding offer. By registering online on the website (https://app.twipla.com/register), the customer sends a binding offer ("online order form") to conclude a contract with TWIPLA. After successful validation of the customer's e-mail address, TWIPLA shall send the customer an e-mail with the acceptance of the contract and the underlying conditions.
    
4. Services
    
   1. Service description
      
      The services to be provided by TWIPLA during the term of this contract are listed and described under https://www.twipla.com/en/features. The specific services available and their scope shall depend on the subscription selected by the customer. In some cases, not all described services and/or all functions of the services may be available from the start of the initial term. TWIPLA endeavours to continuously develop and improve the Services. This also includes updating and modifying the Services offered. Any changes to the Services provided by TWIPLA during the Term shall be subject to Section 10 "1Changes to the terms of service and the contract" of these Terms of Service.
       
   2. Various editions
      
      Customers can choose a free basic version ("Free Basic Version") of the Services or a paid Premium Edition of the Services. The Free Basic Version does not include all functionalities of the platform and the available functionalities are limited in terms of their scope. A detailed description of the scope of services can be found at https://www.twipla.com/en/pricing?fp_ref=european-alternatives.
       
   3. Use of the services
      
      The services can be integrated into the customer website and used on computers, laptops and mobile devices on the customer website after registering on the website by creating a customer account ("customer account") from TWIPLA at https://app.twipla.com/register.
      
      A TWIPLA contact person can be reached by e-mail at support@twipla.com if you have any questions.
       
5. Rights of use of the customer
    
   1. Right to use the services
      
      Subject to the terms, conditions and restrictions contained in the Contract, TWIPLA hereby grants a worldwide, non-exclusive, limited, non-transferable and non-sublicensable right to access the Services online during the term of the Contract and to use them internally for the purposes of the Contract, in particular to process Personal Usage Data from the Customer Website using the Tracking Code and/or other technologies, for example to measure and record the interactions of visitors (if ordered or part of the Subscription). The Customer may not copy or otherwise reproduce the Services or parts thereof, unless this is technically necessary for the online use of the Services.
       
   2. Right to use customer content
      
      The Customer hereby grants TWIPLA and its subcontractors a worldwide, non-exclusive, non-transferable right, during the term of the Contract and for a maximum of three (3) months after termination of the Contract, to use the Customer's content and data processed in connection with the Services for the purposes of performing this Contract, including to convert them into a different format and type of use specifically for mobile devices.
       
   3. Reservation of rights
      
      Subject to the rights granted in the Contract, TWIPLA reserves all right, title and interest in and to the Services, and Customer acknowledges that it does not own or acquire any additional rights in the Services not expressly granted in the Contract. Customer further acknowledges that TWIPLA reserves the right to use the foregoing for any purpose at TWIPLA's sole discretion.
       
6. Contract term
    
   1. Contract term
      
      The contract term begins with the conclusion of the contract or an agreed later start and runs:
       
      1. indefinitely for the free basic version,
      2. until expiry of the subscription after conclusion of the contract,
      3. until the integration of the services is removed from the customer website,
      4. until one party terminates, or
      5. until the customer account with TWIPLA is deleted by the customer, which is equivalent to termination;
         
         (in each case: "initial term").
          
   2. Extension period
      
      After the initial term, the contract term is automatically extended by a further one (1) month in the case of a subscription to a monthly Premium Edition and by a further twelve (12) months in the case of a subscription to an annual Premium Edition, unless the Contract is terminated by either party with one (1) month's notice to the end of the respective contract term.
       
   3. Right to terminate for good cause
      
      The right of the parties to terminate the contract for good cause remains unaffected. Good cause exists, for example, if one party is in material breach of its obligations under the contract despite a request by the other party to end the breach within a reasonable period of time, or if insolvency proceedings are opened against the assets of the other party.
       
   4. Suspension of services in the event of late payment
      
      If the customer is in arrears with the payment of the subscription fees for the selected Premium Edition for more than five (5) calendar days; TWIPLA reserves the right to suspend the provision of the Services without further notice until all outstanding amounts have been paid. In this case, the contract shall remain effective and shall not be terminated. The customer's payment obligations shall remain unaffected during the period in which the services are blocked for the customer.
       
   5. Export of data at the end of the contract term
      
      At the end of the contract term, TWIPLA shall either delete all data and information (including all applications and/or personal usage data) stored by the customer on TWIPLA's server system, unless TWIPLA is subject to longer statutory retention obligations. The customer may independently export all information and data that it has received from TWIPLA within the scope of the contract from the services before the end of the contract term and upon termination of the contract.
       
   6. Form of termination
      
      Any termination of the contract must be made either by TWIPLA to the customer by e-mail or by the customer via the termination button in the subscription area of the customer website (or - if applicable - in the customer account).
       
   7. Possible refund after termination
      
      Customers can only receive a refund upon termination of the contract under the following conditions, while the fees charged by the (third-party) payment provider cannot be refunded:
       
      1. Monthly payment plan: until the 3rd day of the first payment cycle, i.e. only in the first 3 days in which the customer is liable to pay.
      2. Annual payment plan: until the 10th day of the first payment, i.e. only in the first 10 days in which the customer is liable to pay.
      3. With the exception of the cases mentioned above, refunds will not be granted under any conditions.
          
   8. Special features when downloading via Wix App Market
      
      Customers who have installed the services from the Wix app market on a Wix website and use the "Enable direct access" procedure to check the statistics for their Wix website at https://app.twipla.com/login are subject to the terms and conditions applicable to the Wix integration at https://www.twipla.com/en/support/legal-data-privacy-certificates/wix-integration/terms-of-use and https://www.twipla.com/en/support/legal-data-privacy-certificates/standard-integration/privacy-policy.
       
7. Fees
    
   1. Fees
      
      The customer shall pay the Premium Edition fees for the use of the services, which are explained at https://www.twipla.com/en/pricing?fp_ref=european-alternatives at the time the contract is concluded.  TWIPLA shall offer at least one of the following two payment methods: Monthly or annual payment for booked Services or fees for Credits, which are used to pay for booked Services based on consumption. Use of the free basic version is free of charge.
       
   2. Maturity
      
      The corresponding subscription fee is due for the first time at the time the contract is concluded. The monthly subscription fees are then due on the same day of the following months. If the contract was concluded on the last day of a month, payment is due on the last day of the following month, regardless of the number of days in each month. The subscription fee for annual subscriptions is payable on the same day each year.
       
   3. Change of editions
      Customers can choose between different Premium Editions with different fees depending on the edition, based on the traffic quota and additional functions. Customers can change their subscription to another edition at any time as required. The available Premium Editions can be found at: https://www.twipla.com/en/pricing?fp_ref=european-alternatives.
      
      The customer's subscription is automatically renewed on the last day of the following month/year. The fees are invoiced each month/year on the calendar day corresponding to the day on which the contract commenced (see also section 6.2).
       
   4. Changing the Premium Edition

      Premium Edition Interchangeable type	Description
      Conversion of the same Premium Edition from the annual billing cycle to the monthly billing cycle	The change will take effect immediately. Your new Premium Edition will be automatically renewed unless you cancel it. If you do nothing, your credit/debit card or payment account will be charged.
      Conversion of the same Premium Edition from the monthly billing cycle to the annual billing cycle	The change will take effect immediately. Your new Premium Edition will be automatically renewed unless you cancel. If you do nothing, your credit/debit card or payment account will be charged
      Switch to an edition with higher fees: Monthly to monthly or annual to annual billing cycle	The new Premium Edition will start immediately and the corresponding billing amount will apply to the payment of the new Premium Edition, if applicable. Your new Premium Edition will automatically renew upon expiration unless you cancel. If you do nothing, your credit/debit card or payment account will be charged.
      Switch to an edition with higher fees: Monthly to annual billing cycle	The new Premium Edition will start immediately and the corresponding billing amount will apply to the payment of the new Premium Edition, if applicable. Your new Premium Edition will automatically renew upon expiration unless you cancel. If you do nothing, your credit/debit card or payment account will be charged.
      Switch to an edition with higher fees: Annual to monthly billing cycle	The new Premium Edition will start immediately and the corresponding billing amount will apply to the payment of the new Premium Edition, if applicable. Your new Premium Edition will automatically renew upon expiration unless you cancel. If you do nothing, your credit/debit card or payment account will be charged.
      Switch to a cheaper Premium Edition	The new Premium Edition with a lower price starts after the billing cycle of the higher-priced Premium Edition that has already started has expired and the corresponding service quota has been used up. Your new edition will be automatically renewed after expiry unless you cancel. If you do nothing, your credit/debit card or payment account will be charged.

      
       
   5. Use of payment service providers
      
      Payments are processed by payment service providers, for which the customer must provide TWIPLA with the necessary information when registering or changing to the Premium Edition.
       
   6. Invoices
      
      A customer's invoices are automatically made available in the customer's account prior to the subscription fee due date and can be downloaded at any time for a period of one (1) year. If the Customer fails to make payment within five (5) calendar days of the payment due date, the Customer shall be in default of payment and the statutory interest rates set out in Section 6.4 shall apply.
       
   7. Offsetting against other receivables
      
      The customer may not set off amounts owed to TWIPLA under this Contract against other liabilities of TWIPLA unless the amount is undisputed by TWIPLA or has been finally and conclusively determined by a court of law.
       
   8. Taxes
      
      All fees payable under the contract are exclusive of all applicable taxes, which shall be borne by the customer.
       
8. Obligations of the customer
    
   1. Use of the Services in accordance with applicable law
      
      Depending on the setting of the Services, they may assist the Customer in complying with applicable law (e.g. data protection law). The customer is solely responsible for ensuring that the customer's use of the Services and/or the termination of the Services complies with or does not violate applicable laws or the rights of third parties, including but not limited to intellectual property or proprietary rights of third parties worldwide. The customer shall not interfere with or disrupt the Services or TWIPLA's server system. This includes, but is not limited to, the Customer Website and Personal Usage Data:
       
      • do not violate any laws relating to data protection and data security;
      • are in no way connected with theft, fraud, drug trafficking, money laundering and/or terrorism;
      • are not known, intended or suspected to be infected with viruses; and
      • cannot be used to send unsolicited e-mails or other messages.
         
   2. Suspension of services in the event of non-compliance
      
      Notwithstanding the foregoing, TWIPLA may suspend the Services with or without prior notice to the Customer if TWIPLA has reasonable grounds to believe that the Customer Website and/or the Customer's Personal Usage Data does not comply with the requirements of Section 8.1 of these Terms of Service.
       
   3. Confidentiality of access data
      
      The customer must treat all access data and passwords to their personal customer account confidentially and may not disclose them to third parties. The customer shall be obliged to notify TWIPLA immediately and change all passwords if the customer has reasonable grounds to suspect that an unauthorized third party has obtained information about the customer's access data or passwords.
       
   4. Updating customer data
      
      The customer must enter any changes to his name or company name, his residential or business address, his billing address, his legal form or, if applicable, his bank details accordingly in the customer account under the settings for the website subscription.
       
   5. Conditions of use
      
      In order to use and access the Services, the Customer must have Internet access and a current state-of-the-art Internet browser and fulfill the additional technical requirements specified on the Website. The Customer is solely responsible for bearing the costs and ensuring the functioning of its Internet access and the computer and software used to access the Services.
       
9. Confidentiality
    
   1. Confidential information
      
      The parties are aware that they have access to certain confidential information of the other party or confidential information of third parties, which the disclosing party is obliged to keep confidential, during the term of the contract. "Confidential Information" means any written, electronic or oral information that (i) has been disclosed by one party to the other, (ii) is not generally known or publicly available, either in its entirety or in the precise arrangement and composition of its components, (iii) relates to the activities of a party or a third party, (iv) is subject to the disclosing party's reasonable technical and organizational safeguards, and (v) has either been designated as confidential or should reasonably be treated as confidential because of the nature of the circumstances under which the disclosure is made.
      
      Each party undertakes (i) to use the Confidential Information disclosed by the other party only to the extent permitted by this Contract, (ii) to treat the Confidential Information obtained from the other party in strict confidence and to protect it from disclosure to and use by third parties by implementing appropriate technical and organizational measures, and (iii) to restrict access to the Confidential Information disclosed by the other party to those of its employees, agents, subcontractors and/or any consultants who need to know such information. The contractual confidentiality obligations shall continue to apply for two (2) years after termination of the contract.
       
   2. Confidentiality obligations
      
      Each party undertakes (i) to use the Confidential Information disclosed by the other party only to the extent permitted by this Contract, (ii) to treat the Confidential Information obtained from the other party in strict confidence and to protect it from disclosure to and use by third parties by implementing appropriate technical and organizational measures, (iii) to limit access to the Confidential Information disclosed by the other party to those of its employees, agents, subcontractors and/or consultants, if any, who need to know such information and who have been bound in writing to keep such information confidential in accordance with this Contract, and (iv) to keep all Confidential Information disclosed by the other party strictly confidential, (iii) to restrict access to Confidential Information disclosed by the other party to those of its employees, agents, subcontractors and/or any consultants who need to know such information and who have been obligated in writing to keep such information confidential in accordance with this Contract; and (iv) to return or destroy any Confidential Information disclosed by the other party that is in its possession upon termination or expiration of this Contract. The contractual confidentiality obligations shall survive for two (2) years after termination of this Contract.
       
   3. Exceptions
      
      Notwithstanding the foregoing, the provisions of Sections 9.1 and 9.2 of the General Terms and Conditions shall not apply to Confidential Information which (i) is freely accessible or generally known at the time of its disclosure, (ii) becomes freely accessible or generally known through no fault of the recipient, (iii) was lawfully communicated to the recipient by persons who were not bound by confidentiality obligations in this respect, (iv) is already in the possession of the recipient at the time of disclosure without any obligation to maintain confidentiality. (iii) was lawfully communicated to the recipient by persons who were not bound by confidentiality obligations in this respect, (iv) is already in the possession of the recipient at the time of disclosure without any confidentiality obligations attached thereto, (v) was independently developed by the recipient, or (vi) is authorized for release or disclosure by the disclosing party without restriction.
      
      Notwithstanding the foregoing, either party may disclose Confidential Information to the extent necessary (i) to comply with a court or governmental order or otherwise to comply with the requirements of mandatory law, provided that the party disclosing the Confidential Information pursuant to the order shall give prior written notice to the other party and use reasonable efforts to obtain a protective order, or (ii) to have a court determine a party's rights under this Contract, including any motions necessary to do so.
       
10. Changes to the terms of service and the contract
     
    1. Changes and possibility of objection
       
       TWIPLA may change the Terms of Service at any time to reflect changes in user preferences, Internet economics, applicable laws and industry practices, or similar reasons, without the change having a material adverse effect on the customer ("Changes"). The Customer will be informed of any Changes by e-mail. If the customer does not object to such a change within two (2) weeks of receipt of the information about the change, the amended terms and conditions shall be deemed accepted after the expiry of this two-week period. If the customer rejects the change in writing within the two-week period, the contract may be terminated and the customer should cancel the active Premium Editions and cease using the Services.
        
11. Data protection and privacy
     
    1. Data processing
       
       The TWIPLA privacy policy at https://www.twipla.com/en/support/legal-data-privacy-certificates/twipla-website/privacy-policyapplies.
        
    2. Compliance with data protection laws
       
       With regard to the protection of personal data, the parties undertake to comply with the data protection laws applicable to them in the performance of the contract. TWIPLA shall only process personal data on behalf of the customer in accordance with the written instructions issued by the customer. TWIPLA is a processor. The customer shall remain the controller in respect of all Personal Data processed by TWIPLA in connection with the provision of the services described herein. Details are contained in the data processing Contract concluded between the parties (https://www.twipla.com/en/support/legal-data-privacy-certificates/twipla-website/privacy-policy; "DPA").
        
12. Defects
    
    If and insofar as the contract is to be qualified as a contract for work and services or a rental contract, the customer has the statutory rights in the event of a defect. The following applies to Premium Editions: The right to a reduction in the subscription fee is excluded, with the exception of reductions in the form of credit notes in accordance with Annex 1, Section 2 "Rights in the event of non-compliance with the service levels".
    The free basic version is provided "as is" with certain downtimes. TWIPLA does not promise any specific service levels as part of the Free Basic Version. TWIPLA shall use its best efforts to minimize downtime when using the Free Basic Version. TWIPLA excludes any warranty for the Free Basic Version and shall only be liable for fraudulently concealed defects. The service levels listed below in Annex 1 Service Levels shall not apply.
     
13. Limitation of liability
     
    1. Limitation of liability
       
       TWIPLA's liability for damages caused by slight negligence, regardless of the legal grounds, shall be limited as follows:
        
       1. For each case of damage, TWIPLA shall be liable for annual subscriptions up to the amount of the typically foreseeable damage, which the parties shall set at a maximum of the amount of the annual fee volume, and for monthly subscriptions up to the amount of the monthly fee.
       2. TWIPLA shall not be liable for slightly negligent breach of any other applicable duty of care.
           
    2. Unlimited liability
       
       The above limitations of liability shall not apply to mandatory statutory liability and liability for culpably caused personal injury. Furthermore, these limitations of liability shall not apply if and insofar as TWIPLA has assumed a special guarantee.
        
    3. Damage minimization
       
       The customer is obliged to take appropriate measures to avert and minimize damage.
        
14. Force majeure
     
    1. Cases of force majeure
       
       Neither party shall be liable to the other party for any failure to perform (in whole or in part) or for any delay or failure in performance to the extent that such delay or failure is caused by a force majeure event, such force majeure being external, unforeseeable events, an absolutely insurmountable and unavoidable event such as an earthquake, volcanic eruption, storm, tsunami, flood, fire, typhoon, pandemic, war, terrorist attack or national crisis, unless these disasters are a common phenomenon in the territory in which the contracting party is located.
        
    2. Consequences
       
       For so long as a Force Majeure Event continues, the affected party shall be relieved from liability to the other party for failure to perform its obligations under the Contract and the contractual obligations of both parties shall be suspended until performance can be resumed (provided that the affected party could not have prevented the failure or delay by reasonable precautions or measures). The affected party shall immediately notify the other party as soon as it becomes aware that it is unable to perform under this Contract as a result of a Force Majeure Event.
        
    3. Right of termination
       
       If a force majeure event lasts longer than one (1) consecutive month, either party may terminate the contract with four (4) weeks' notice.
        
15. Choice of law and place of jurisdiction
     
    1. Choice of law
       
       The contract shall be governed exclusively by the law of the country in which TWIPLA has its registered office, excluding conflict of laws principles and the United Nations Convention on Contracts for the International Sale of Goods.
        
    2. Place of jurisdiction
       The exclusive place of jurisdiction for all disputes arising from this contract shall be the competent court at TWIPLA's registered office.
        
16. Other provisions
     
    1. Invalid regulations
       
       Should any provision of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
        
    2. General terms and conditions of the customer
       
       General terms and conditions provided by the customer as part of an order, invoice or purchase order shall not apply and are hereby rejected by TWIPLA.
        
    3. Use of subcontractors
       
       TWIPLA may commission subcontractors to provide the contractually agreed services. In this case, TWIPLA shall be responsible for ensuring the proper performance of these subcontractors in accordance with the Terms of Service. Provisions in the DPA shall remain unaffected by this.
        
    4. Compliance with laws
       
       Each party agrees to comply with all applicable laws, rules and regulations in the performance of its obligations under the Contract.
        
    5. Complete Contract
       
       Except as stated in this section or as expressly agreed in writing between the Customer and TWIPLA, the Contract constitutes all terms and conditions agreed between the Customer and TWIPLA and supersedes all prior Contracts, whether written or oral, relating to the subject matter of these Terms.
        
    6. Possible additional Contract
       
       The customer shall note that certain aspects of the use of the TWIPLA Services and their Visitor Recordings function (if ordered) may be governed by additional Contracts. This may be the case, for example, in the case of access to the TWIPLA Service via a gift voucher or by using it together with other services. If an offer for such use is made to the customer, a corresponding additional Contract shall be presented to the customer and the customer may have the opportunity to agree to additional terms and conditions. Some of these additional terms are listed on TWIPLA's website. To the extent that there is an irreconcilable conflict between additional terms and these Terms of Service, the additional terms shall prevail.
        

Annex 1 to the TWIPLA Service Contract - Service Levels

1. Service level description
    
   1. The service levels of the platform and other available functions are defined as follows:
       

      System availability of the platform per month [average availability]
      Service level	99.75% availability
      Calculation	Availability is calculated as follows: System availability (%) = (Annual total time - Unplanned downtime)/Annual total time "Availability" is the customer's ability to access the functions of the platform as agreed in the contract. "Scheduled Downtime" means the total time (in minutes) in a calendar year during which the Platform is unavailable due to scheduled system maintenance or other scheduled downtime. TWIPLA shall make all reasonable efforts to ensure that the scheduled system maintenance takes place between 1:00 a.m. and 5:00 a.m. CEST and that such system maintenance is announced in a reasonable time. The "system availability" in relation to the availability in a calendar year is the ratio expressed as a percentage when the customer subtracts the unplanned downtime in that calendar year from the total annual downtime in that year and then divides this difference by the total annual downtime in that year (see formula above). "Total annual time" includes all minutes of the relevant calendar year during the term of the contract. "Unplanned Downtime" means the total time (in minutes) of unavailability in a calendar year excluding planned downtime and downtime caused by circumstances beyond TWIPLA's control. Such circumstances include, without limitation, (i) breaches of the terms of this Contract by the Customer, (ii) non-compliance by the Customer with the terms of this SLA, (iii) incompatibility of the Customer's hardware or software with the agreed requirements relating to the use of the Services, including the requirements set out in the Access Protocols, (iv) poor or inadequate performance of the Systems or the Customer, (v) use of the Services by the Customer that significantly exceeds the agreed volume, or (vi) Force Majeure (as defined in the Contract).
      Measuring point	TWIPLA Service - handover point for the platform and/or other available functions for the Services
      Timekeeping	calendar year during the term of the contract

      
       
   2. Support
      
      TWIPLA offers worldwide support by e-mail. Email support can be reached at support@twipla.com. We endeavor to respond to your request within 48 hours on weekdays.
       
2. Rights in the event of non-compliance with the service levels
    
   1. Unplanned downtime
      
      In the event of an Unplanned Downtime, Visitors Analytics undertakes to use commercially reasonable efforts to remedy the Unplanned Downtime within a reasonable period of time.
       
   2. Credits
      
      If TWIPLA fails to meet the service levels set out in Annex 1 - Service Levels, the customer shall be entitled to the service credits listed below ("Credits"), whereby the Credits for Unplanned Downtime shall not exceed 5% of the total costs for all ordered Services paid by the customer to TWIPLA for all Services provided in the respective Service Month. The entitlement to a credit note of 10.0% of the monthly fees in the event that the availability of individual services is not met shall remain unaffected by this.
       

      Availability of services	Credit (% of the monthly fees for the service)
      < 99.0%	2.5%
      < 98.0%	5.0%
      < 97.0%	10.0%

      
       
   3. Service level report
      
      Receipt of Credits. In order to receive a credit, the Customer must submit a written request to TWIPLA within five (5) business days of receipt of a report describing the Unplanned Downtime ("Service Level Report") for the period for which the credit is claimed to have been incurred. The Customer's written request shall specify the date(s), time(s) and duration(s) of each Unplanned Downtime claimed by the Customer. If TWIPLA approves the customer's written request for a credit after review, TWIPLA shall inform the customer of this fact and how the customer will receive the credit. Credit notes cannot be applied retroactively. Any customer who fails to submit a timely written request for a credit note shall lose all rights to receive a credit note for the month in question. Credits payable by TWIPLA shall be applied to any claim for damages that the customer may assert under the Contract as a result of such breach of service level.
       
   4. Customer's obligation to notify
      
      The customer shall notify TWIPLA immediately if an Unplanned Downtime occurs. Unplanned Downtime shall be deemed to have occurred when TWIPLA receives sufficient notice thereof from the customer or when TWIPLA first becomes aware of such Unplanned Downtime, whichever occurs first.

Status as of: June 2024