Terms and Conditions

1. Scope

These Terms and Conditions (T&C) apply to all contracts between FEX GmbH (hereinafter "FEX" or "we") and its customers (hereinafter "Customer" or "you") regarding the use of our analytics platform, services, and subscriptions.

Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract, unless their validity is expressly agreed to in writing.

2. Subject Matter

2.1 Services

FEX provides comprehensive analytics solutions including product analytics, marketing analytics, and business intelligence services. Our services include:

• Product Analytics (funnel analysis, retention metrics, performance tracking)
• Marketing Analytics (campaign analysis, conversion tracking, ROI measurement)
• Data-Driven Marketing (customer segmentation, predictive analytics)
• Business Intelligence (Power BI, Tableau integration, data visualization)
• Analytics Consulting (strategy, implementation, training)
• Custom BI Dashboards and Reports

2.2 Availability

We strive for high availability of our analytics platform. Our services are available 24/7, except for scheduled maintenance. Planned maintenance will be announced at least 48 hours in advance.

3. Contract Formation

3.1 Offer and Acceptance

The presentation of our services on the website does not constitute a legally binding offer, but rather a non-binding invitation to submit an offer.

By filling out the contact form or ordering a plan, you submit a binding offer to conclude a contract. We confirm receipt of your order immediately by email.

3.2 Free Trial

New customers can test all services free for 14 days. The free trial begins upon registration. During the trial period, you can cancel at any time without giving reasons. After the trial period expires, a paid subscription will automatically begin unless cancelled beforehand.

4. Pricing & Payment

4.1 Prices

All prices are in US Dollars (USD) plus applicable taxes. Current prices can be found on our website under Pricing Plans.

For Enterprise customers, individual prices are agreed upon and documented in a separate contract.

4.2 Payment Terms

Payment is made monthly in advance by credit card, bank transfer, or other agreed payment methods. The first payment is due upon activation of the services.

In case of payment default, we reserve the right to suspend access to the services. Already paid amounts will not be refunded.

4.3 Price Adjustments

We reserve the right to change prices with 30 days' notice before the end of the month. In case of a price increase, you have the right to terminate the contract at the time of the price increase.

5. Services

5.1 Scope of Services

The exact scope of services depends on the selected plan (Starter, Professional, Enterprise). Details can be found on our website.

5.2 Platform Access

The analytics platform can be accessed 24/7. Upon your first login, we provide onboarding assistance and help you set up your analytics dashboards. Appointments for personal consultations are scheduled based on availability.

5.3 Support

Support levels depend on the selected subscription:

• Starter: Email support, basic documentation
• Professional: Priority support, advanced features, Power BI & Tableau integration
• Enterprise: Dedicated account manager, 24/7 support, custom integrations

6. Obligations of the Parties

6.1 Customer Obligations

The customer agrees to:

• Use the platform and services only for lawful purposes
• Comply with our acceptable use policy
• Keep access credentials confidential and not share them with third parties
• Respect intellectual property rights and not misuse the platform
• Provide accurate information when registering and using services

6.2 FEX Obligations

FEX agrees to:

• Provide the agreed services properly and in accordance with the contract
• Treat customer data confidentially and process it in compliance with GDPR and applicable data protection laws
• Ensure a secure and reliable platform environment
• Inform customers about significant changes to services

7. Liability

7.1 Limitation of Liability

FEX is fully liable for:

• Intent and gross negligence
• Damages resulting from injury to life, body or health
• Damages resulting from breach of essential contractual obligations (cardinal obligations)

In case of slight negligence, FEX is only liable for breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer may regularly rely. In this case, liability is limited to the foreseeable, typically occurring damage.

7.2 Data Loss

FEX is not liable for data losses caused by customer errors, technical problems outside our control, or force majeure. We recommend that customers regularly back up their data.

7.3 Service Availability

We strive for high availability but do not guarantee uninterrupted service. FEX is not liable for service interruptions due to maintenance, technical issues, or force majeure, unless they result from intent or gross negligence on our part.

8. Termination

8.1 Customer's Right to Terminate

The customer can terminate the contract at any time at the end of the month. Termination must be in writing (email is sufficient). There is no minimum term.

8.2 FEX' Right to Terminate

FEX can terminate the contract for good cause without notice, in particular if:

• The customer is in default of payment despite reminder
• The customer uses the services for unlawful purposes
• The customer repeatedly violates these Terms and Conditions

8.3 Consequences of Termination

After termination, access to the platform and services ends at the end of the month. The customer can export their data beforehand. After 30 days, all data will be irrevocably deleted (GDPR-compliant). Already generated reports can be accessed until the end of the subscription period.

9. Changes to Terms and Conditions

FEX reserves the right to change these Terms and Conditions. Material changes will be communicated to the customer by email at least 30 days before they take effect. If the customer does not object within 30 days, the amended Terms and Conditions are deemed approved. The right to object is specifically pointed out in the notification.

10. Final Provisions

10.1 Applicable Law

The law of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

10.2 Jurisdiction

The place of performance and jurisdiction for all disputes arising from this contract is Munich, Germany, provided the customer is a merchant, legal entity under public law, or public-law special fund.

10.3 Severability Clause

Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

10.4 Written Form

Amendments and supplements to these Terms and Conditions require written form. This also applies to the waiver of this written form clause.

10.5 Dispute Resolution

For disputes, we encourage you to contact us first. If we cannot resolve the dispute, disputes may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.