Version May, 2018

Terms of Service

Please read these Terms of Service (ToS) carefully before using the Service offered by goedle.io. This agreement sets forth the legally binding terms and conditions for your use of our Service. By clicking the checkbox on the sign up form, you agree to be bound by this agreement.

  1. Preamble

    goedle.io offers you the possibility to analyze user behavior in your mobile app, your website, or other software. Besides grouping Users into micro-segments and offering predictions, goedle.io's Service also provides means to individualize the user experience. Among other things, this includes personalized recommendations, push notifications, or emails. The Service is based on a machine learning engine that enriches the raw user data with predictions about future actions and user behavior. The enriched data is made available through our API and can be used in combination with other services and products. We also offer third-party integration for other services so that the predictions can be used with only little integration effort.

    In order to provide our Customers with the Service described in this document, we receive user data from our Customers. In terms of the European General Data Protection Regulation (GDPR), we take on the role of a data processor. In many cases, our platform can be used without any personal information except for unique user identifiers that allow us to aggregate the data. However, there are specific use case where certain personal information is helpful or needed. Except for running the platform and providing the described Service, we will not share any of our Customer's user data with third-parties or sell any of this data without explicit consent from our Customers.

  2. Definitions
    • Machine Learning: is a subfield of Artificial Intelligence (AI) and comprises a set of algorithms that are capable of learning Models from data and using these Models to make predictions about future outcomes. Here, we assume that Machine Learning is mainly used on telemetric user data as input.
    • Algorithm: a set of operations that is typically performed on user data.
    • Model: Machine Learning algorithms build a Model from example input data, i.e., raw user data. This Model is then utilized to make predictions about future user behavior based on new or unseen user data.
    • Data Set: Data Sets are created based on the raw user Events that are sent to goedle.io’s tracking infrastructure. However, these raw Events are usually transformed and aggregated. A Data Set contains dozens, hundreds or even more data points, i.e., dimensions, per User. In the case of supervised machine learning, additional labels are added to each User's specific entry. These labels, for example a conversion event, are used during training to learn the Model.
    • Event: an Event describes an action performed by a User in an Application. A set of Events typically describes the telemetric behavior of a User in an Application. Events may also contain additional information such as timestamps.
    • Customer: a Customer can be either a developer or vendor of an Application. Every Customer has one or more Applications that send user data to goedle.io's infrastructure.
    • User: a User is the end user of an Application. I.e., they are the customers of goedle.io’s customers.
    • Application: we refer to an Application as a website, mobile app that runs on a smartphone, tablet, or similar device, or any other software. In some cases, we use the terms Application or website and app interchangeably, and refer to a piece of software that is operated by the Customer and used by the User.
    • Service: we refer to Service as the combined products of goedle.io which include a tracking infrastructure, tracking SDKs (Software Development Kit), a graphical user interface (dashboard), and an API (Application Programming Interface).
    • Integration: in order to allow goedle.io to track user data, a tracking Integration has to be implemented in your Application. This can be a third-party tool or one of goedle.io's own tracking SDKs.
    • Third-Party Integration: we also offer Third-Party Integrations to forward the enriched user data, e.g., predictions, to other services and platforms. For example, if you wish to use churn predictions within your marketing automation, we offer Third-Party Integrations into other marketing suites or transactional email providers. We also support push notifications via our platform which requires additional software within your mobile app and a Third-Party Integration as well.
  3. Before running the Service
    1. Every party will provide the other with reasonable cooperation, assistance, information and access as may be necessary to initiate a Customer's use of the Service.
    2. The Customer is responsible for providing all technical equipment and credentials necessary for goedle.io to receive the user data and all servers, devices, storage, software, databases, network and communications equipment and ancillary services needed to connect to, access or otherwise use the Service at its facility. The Customer ensures that the relevant systems are compatible with the Service.
    3. You may not use our Services if you are a person blocked from receiving our Services under any laws including the country in which you are resident or from which you use our Services.
    4. You must provide accurate and complete registration information any time you register to use our Services. We provide our Service only to companies. By registering it is confirmed that the registrant is a company.
    5. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.
    6. Our Service shall be subject to our privacy policy (number 10 "Data Privacy"). You agree to use the data in accordance with our Privacy Policy. You also agree to protect the privacy and legal rights of the Users of your Application. You must obtain any consents required by applicable data protection laws and provide legally adequate privacy notice, access and protection for Users.
    7. If a User provides you with clear names, passwords, or other login information or other personal information, you ensure that you will not transfer any personal or personally identifiable information to us, unless you ensured a legal basis for the data transfer and data processing through us.
    8. You confirm that you own all right, title and interest in and to the User's data, as well as any data that is based on or derived from the user data and provided to us as part of our Service.
    9. You confirm that you have the right to collect and analyze data and other information and you are free to use such information and data for our Service.
    10. You agree that you are solely responsible for the Application or any other content that you create, transmit or display while using our Service and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
    11. goedle.io reserves the right to change or modify any of the terms and conditions contained in this agreement at any time, in its sole discretion, by offering you the possibility to accept these new terms and conditions. If you do not accept these terms and conditions explicitly within two weeks you agree by continuing with our Service to be bound to these new Terms of Service.
  4. Description of our Service

    goedle.io helps their customers to obtain a better understanding of their user base. Wrapped in a Machine Learning API, we offer a variety of endpoints for marketeers to tailor strategies for improving the retention of their Applications and increase in-app conversion which ultimately amounts to a growth in revenue. goedle.io uses Machine Learning Algorithms which automatically segment the entire user base into (micro-)segments. Beside the API, we also provide engagement reports that help our Customers to describe different segments in greater detail. goedle.io allows the Customers to export this data on the user level with help of our API. This information can then be used to target Users individually with personalized content. To further enrich the personalization of the Application design and marketing, we also provide several other API endpoints based on Machine Learning.

  5. Our Service
    1. We are constantly innovating our Service in order to provide the best possible experience for our Customers. You acknowledge and agree that the form and nature of our Service may change from time to time with or without prior notice.
    2. The Service, the software, and the reports relating to our Service are provided "as is" and goedle.io gives no warranties with respect to any of them. Without limiting the generality of the foregoing, we do not represent or warrant that:
      • the use of the Service or software will meet your requirements, expectations or be uninterrupted, secure or error-free,
      • that defects will be corrected (immediately),
      • that the Service, the software or any other software on the servers are free of viruses or other harmful components (nevertheless we established technical and organizational measures to prevent our servers from such harms),
      • that the use of the Service and any information available through the Service will be correct, accurate, timely or otherwise reliable.
      But of course, we are very grateful to receive feedback from you regarding errors or abnormalities. In those cases please contact support.
    3. It is the Customer's sole responsibility to use our Service thoughtfully. That means that our Service is as good as your supplied data. For that reason, it is important only to transmit correct data and especially such data which can lead to solid results. For that reason we can not guarantee thoughtful results as our results are merely as good as your provided data.
  6. Exclusions from the Service
    1. Since our Service is free of charge within the first four weeks we reserve the right to execute exclusions from the Service, for example, if
      • you use our Service more than the average (that means you are using 25% more storage or send more push notifications than the average Application with a similar number of users)
      • you query the API in an unreasonable way (that means you are sending 25% more requests than the average Application with a similar number of users)
    2. In each of those cases we will notify you and inform you that you are using the Service more than expected and that you will be excluded from our Service if you do not reduce the workload.
  7. Service Level Agreements
    1. Since our Service is still under development, we can not agree to hard formulated Service Level Agreements.
    2. Both sides of this agreement have an interest that the Service is available as much as possible. However, due to technical restrictions, we cannot avoid downtimes entirely. If these downtimes are predictable for us and take longer than usual downtimes for maintenance, we will inform you immediately.
    3. As we also utilize third-party Services within our infrastructure, we cannot guarantee that these services are available at all times. But of course, the same applies here as in number 7.2., we have an interest that the Services is available as much as possible.
  8. Services Fees
    1. You will pay the applicable fees described in a separate order form for the Service in accordance with the terms therein. Pricing will be negotiated upon registration for the Service and will depend on the calculated load of your Application.
    2. During the first four weeks, we provide you with a test account with limited functionalities. This test account is free of charge.
    3. After those first 4 weeks you can decide if you want to use our full Service or not. If you decide to use our full Service we can charge you with the Service fees agreed within the registration process on the order form.
    4. If you believe that we billed you incorrectly, you have to contact us no later than 60 days after the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or credit. Please send any inquiries to our support team.
    5. If the use of our Service exceeds the Service capacity set forth on the order form, you are billed for such usage and you agree to pay the additional fees in the manner provided in the order form.
    6. We reserve the right to change the fees or applicable charges and to institute new charges and fees upon thirty days prior notice.
  9. Confidentiality
    1. For the purpose of this agreement, "Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and within 5 business days, reduced to writing and marked "confidential". Excluded is public available information.
    2. Neither party will use or disclose the other party's confidential information without the other's prior written consent except for the purpose of performing its obligation under this agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose confidential information will give the other party as much notice as is reasonably practicable prior to disclosing the confidential information.
  10. Data Privacy
    1. You agree that goedle.io has the right, for any purpose, to collect, retain, use and publish in an aggregated manner (without personal or personally identifiable information) information collected in your use of our Service. This includes but is not limited to marketing purposes, blog posts, publications, and research.
    2. You will not (and will not allow any third-party to) use our Service to track, collect, process, or upload any data that is personal or personally identifiable information without explicit consent from the User and a justifiable legal basis.
    3. In many cases, the User's IP addresses is visible to goedle.io's Service. If we receive IP addresses, we only use this information to infer geographical information about the User.
    4. Our Service cannot operate without a unique user identifier. In the case of a website, this identifier is typically stored in a cookie. Mobile apps apply similar mechanisms to store these identifiers. We only use this identifier to aggregate Events per User. This identifier is also used to make predictions available via our API. We do not share this identifier with any third-party services without our Customer's consent.
    5. Every data you transfer or make available to our Service is in accordance with number 3 ("Before running the Service").
    6. To respect the privacy of your Users, you will provide them with the possibility to opt-out from our Service. If a User opts-out, you will stop sending their data to us and you will give us an immediate notice that this User has opted-out. Only after this information, we can stop to include this User in our Service and remove them from our database and algorithmic computations.
    7. It is also your responsibility to define Events you want to track. You ensure that these Events do not contain any personal or personally identifiable information such as name, address, bank account, credit card details, etc. unless you ensured a legal basis for the tracking.
    8. Our responsibility is to handle your data as secure as possible. To ensure this, we have technical and organizational measures in place to prevent your data from unauthorized access by third-parties. For example, we have a stringent access control in place to make sure your data is only accessible by those who need to work with your data. If you want to learn more about our technical and organizational measures please contact our team at privacy@goedle.io.
    9. We only delete user data upon request. We otherwise continue to store the data in our database to provide you with the best possible models that can make use of a diverse set of historic data.
    10. We do not share any user data with third-parties except for running our platform. This includes third-party cloud providers to store and process user data. For additional information about these services, please reach out to us via privacy@goedle.io.
    11. In case you set up a Third-Party Integration, e.g., through our dashboard, user data is typically transferred to this service or shared with this service. By setting up this Third-Party Integration, you agree to this practice and guarantee that you have a justifiable legal basis and the User’s consent for doing so.
  11. License Rights
    1. goedle.io hereby grants a limited, revocable, non-exclusive, non transferable license (without the right to sublicense) to use the software solely to the extent necessary to use the Service for one or more Applications you own and control. We also grant you the right to remotely access, view, and download the reports and data relating to your Applications. Your license of the Service and your use of and access to the Service (which includes, without limitation, the software, documentation and the reports relating to the Applications) is conditional upon your compliance with the terms and conditions of this agreement.
    2. You will not nor will you allow any third party to:
      • copy, modify, adapt or otherwise create derivative works of the software;
      • reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the software, except to the extent applicable laws specifically prohibit such restriction,
      • rent, sublicense, lease, sell, assign or otherwise transfer rights in or to the Service or the processing software;
      • use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the software.
    3. You will use the software solely for your own internal use and will not make the software available for time sharing, application service provider or service bureau use. You will comply with all applicable laws and regulations relating to the use of and access to the software.
    4. You may not provide access to the Service or the software to third parties.
    5. The license granted above and your right of use of the Service will terminate immediately if you are not following the above mentioned requirements.
    6. The rights for the data sets, the machine learning models, and other models created with your data will remain in the hands of goedle.io in an aggregated manner even after termination.
  12. Proprietary Rights Notice
    1. goedle.io owns all rights, title and interest, including without limitation all intellectual property rights in the Service and any derivative works or enhancements thereof, which includes but is not limited to the software.
    2. You agree that goedle.io, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other brand features in presentations, marketing materials, customer lists, financial reports and website listing for the purpose of advertising or publishing your use of our Service.
    3. You also agree that if you have a suggestion for improvement and we incorporate this suggestion in our Service or if we develop something out of this suggestion, we own all rights for this development. You will not ask for a compensation.
  13. Term and Termination
    1. This agreement shall commence on the date when you accept these Terms of Service and shall remain in force unless terminated by either party.
    2. Regardless of number 6 ("Exclusions from the Service"), we can terminate the use of the Service within 2 weeks for any reason to the end of the month. You can terminate the use within 2 weeks to the end of the month. For your notice please contact us.
    3. goedle.io will stop providing the Service after the termination of the Service after the termination deadline. Your responsibility is to delete all copies of the integration in your Applications and to discontinue querying the API after another two weeks after the Termination. You also agree to notify us within three business days that the deletion was carried out.
    4. If we do not receive such information or you have not deleted the integration accordingly, goedle.io can invoice the costs which goedle.io had due to the fact that you did not inform us and did not delete the integration leading to further traffic on our servers caused by your Application.
    5. All of your report data and all information with respect to your account will no longer be available to you after the termination deadline.
  14. Limitation of Liability
    1. You expressly understand and agree that goedle.io shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under theory of liability. This shall include, but not be limited to, any loss of data, profit, any error, defect, failure or delay in the Services, bugs within the software, downtime, correct machine learning, goodwill or business reputation, loss or interruption of use, procuring substitute technology or punitive.
    2. You also understand and agree that goedle.io shall not be liable to you for any liability arising from the non-compliant usage of our push notification Service. You ensure that you are not sending for example: third-party advertising, insults, spam, erotic contents, and so on. Additionally, you comply to follow the requirements of the app stores:
    3. Nothing in this agreement shall exclude or limit either party's liability for:
      • culpably caused death or personal injury,
      • intent or gross negligence,
      • fraud or fraudulent misrepresentation,
      • misuse of confidential information (as stated under number 9 "Confidentiality").
  15. Jurisdiction
    1. The parties submit all their disputes arising out of or in connection with this agreement to the exclusive jurisdiction of the Courts of Cologne, Germany.
  16. Governing Law
    1. This Agreement is governed by and shall be construed in accordance with the laws of Germany.
    2. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any implementation of the Uniform Computer Information Transactions Act in any jurisdiction shall apply to this agreement.
  17. Miscellaneous
    1. If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable.