Terms of Service

Effective Date: February 1, 2025

These Terms of Service ("Terms", "Agreement") govern the relationship between Enalitica ("Company", "we", "us", "our") as the owner of intellectual property rights and provider of the Enalitica service, and the Subscriber and Users ("you", "your").

By accessing or using the Enalitica service ("Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE.

The exclusive owner and provider of the Enalitica service, holder of intellectual property rights and source code, and operator of the website enalitica.com is Tilen Ledic s.p., Zupanciceva 2.a, 8250 Brezice, Slovenia ("Enalitica" or "Company").

1. Definitions

In these Terms, unless expressly stated otherwise, the following definitions apply:

  • "Account" means the user account created by a Subscriber or User to access and use the Service.
  • "Billing Period" means the time period during which services are invoiced, typically a calendar month.
  • "Confidential Information" means any non-public information disclosed by either party that is designated as confidential or should reasonably be understood to be confidential.
  • "Customer Data" means all data, information, and materials uploaded, submitted, or transmitted by you through the Service, including order data, analytics data, and integration credentials.
  • "End User" means any individual who accesses and uses the Service through a Subscriber's Account.
  • "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights worldwide.
  • "Personal Data" means any information relating to an identified or identifiable natural person as defined under applicable data protection laws.
  • "Service" or "Enalitica" means the Company's cloud-based e-commerce analytics platform, including order management, sales attribution, AI agents, integrations, APIs, and related features.
  • "Sub-processor" means any third party engaged by the Company to process Personal Data on behalf of the Subscriber.
  • "Subscriber" means the individual or entity that has entered into a subscription agreement with the Company and is responsible for payment.
  • "Subscription" means the recurring agreement under which the Subscriber pays for access to the Service.
  • "User" means any individual authorized by a Subscriber to access and use the Service.

2. Description of Service

2.1 Overview

Enalitica is a cloud-based software solution for e-commerce analytics, order management, and sales attribution. The Service connects to your e-commerce platforms, advertising accounts, and analytics tools to provide unified business intelligence.

2.2 Key Features

  • Order management and tracking
  • Sales attribution (GCLID/FBCLID tracking)
  • AI-powered analytics agents
  • Google Search Console analytics with extended data retention
  • Google Analytics 4 integration
  • Google Ads and Meta Ads integration
  • ERP integrations (VASCO and others)
  • Competition price monitoring
  • Reporting and dashboards
  • API access

2.3 Service Infrastructure

The Service operates on cloud infrastructure provided by the Company's contracted data processors. Servers are located in the European Union. By using the Service, you acknowledge and consent to data processing by our Sub-processors as detailed in Section 12.

2.4 Support Services

The Company provides support services during the subscription term via email. Support for Service malfunctions on Company's side is included in the subscription.

3. Account Registration

To use the Service, you must register and create an Account. By registering, you agree to:

  • Provide accurate, current, and complete registration information
  • Maintain and promptly update your Account information
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities under your Account
  • Immediately notify us of any unauthorized Account access

The Company reserves the right to suspend or terminate Accounts with inaccurate, incomplete, or fraudulent information.

4. Subscription and Payment

4.1 Subscription Plans

The Company offers various subscription plans with different feature sets and pricing. Custom enterprise packages are available upon request.

4.2 Billing and Payment

Subscriptions are billed on a monthly or annual basis via invoice. Payment is due upon receipt of invoice. Due to our manual onboarding process, subscriptions do not renew automatically. Subscription renewals are arranged with our team.

4.3 Non-Payment

For failed or overdue payments, the Company may suspend or terminate Service access until payment is received.

4.4 Refund Policy

Paid subscriptions are non-refundable except where required by applicable law.

4.5 Price Changes

The Company may modify pricing at any time with 30 days' advance notice. Continued use after price changes take effect constitutes acceptance of new pricing.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with these Terms. You shall not:

  • Use the Service for any illegal, fraudulent, or unauthorized purpose
  • Attempt to gain unauthorized access to any part of the Service
  • Interfere with or disrupt Service operation or security
  • Reverse engineer, decompile, or disassemble the Service
  • Copy, modify, distribute, or create derivative works of the Service
  • Resell, sublicense, or transfer the Service without authorization
  • Use the Service for competitive analysis or to build competing products
  • Violate any third-party rights including intellectual property or privacy rights
  • Abuse API access or exceed reasonable usage limits

6. Intellectual Property Rights

6.1 Company Ownership

The Company retains all rights, title, and interest in the Service, including all Intellectual Property Rights in the software, technology, design, documentation, and any improvements or modifications thereto.

Nothing in these Terms transfers any ownership rights to you. You receive only a limited, non-exclusive, non-transferable license to use the Service as provided herein.

6.2 Your Content

You retain ownership of Customer Data you upload to the Service. By uploading content, you grant the Company a limited license to process such data solely for providing the Service.

6.3 Feedback

Any suggestions, ideas, feedback, or recommendations you provide regarding the Service become the Company's property, and we may use such feedback without restriction or compensation.

7. Confidentiality

Each party agrees to maintain the confidentiality of Confidential Information disclosed by the other party and to use such information only for purposes of this Agreement.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known before disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully obtained from third parties.

Confidentiality obligations survive termination of these Terms for three (3) years.

8. Warranties and Disclaimers

8.1 Your Warranties

You represent and warrant that:

  • You have authority to enter into these Terms
  • You will use the Service in compliance with applicable laws
  • Customer Data does not infringe third-party rights
  • Payment information provided is accurate and authorized

8.2 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

The Company disclaims all warranties including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage.

We do not warrant that:

  • The Service will be uninterrupted, timely, secure, or error-free
  • Results will be accurate or reliable
  • Defects will be corrected
  • The Service will be available at all times or locations

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, goodwill, or other intangible losses, regardless of the legal theory and whether or not the Company was advised of the possibility of such damages.

The Company's total aggregate liability under these Terms shall not exceed the total subscription fees paid by you in the twelve (12) months preceding the claim.

The Company is not liable for damages resulting from:

  • Force majeure events
  • Changes in applicable law or regulatory requirements
  • Third-party actions or omissions
  • Your failure to maintain adequate backups
  • Data accuracy from third-party integrations (Google, Meta, etc.)

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your breach of these Terms
  • Your use of the Service
  • Your violation of any third-party rights
  • Customer Data you upload to the Service

11. Term and Termination

11.1 Term

These Terms commence upon Account creation and continue until terminated by either party.

11.2 Termination by You

You may cancel your subscription at any time by contacting [email protected]. Cancellation takes effect at the end of the current Billing Period.

11.3 Termination by Company

The Company may suspend or terminate your access immediately if you:

  • Breach these Terms
  • Fail to pay fees when due
  • Engage in fraudulent or illegal activities
  • Pose a security risk to the Service or other users

11.4 Effect of Termination

Upon termination:

  • Your right to access the Service immediately ceases
  • You remain responsible for all fees incurred through termination
  • Customer Data may be deleted after a reasonable retention period
  • Provisions that by nature should survive will remain in effect

12. Sub-processors

By using the Service, you authorize the Company to engage Sub-processors to process data on your behalf. Current Sub-processors include:

  • OpenAI / Anthropic - AI functionality
  • Hetzner / AWS - Infrastructure hosting

All Sub-processors are bound by data protection agreements compliant with applicable laws.

13. Third-Party Services

The Service integrates with third-party services (WooCommerce, Google Analytics, Google Ads, Meta Ads, VASCO ERP, etc.). Your use of third-party services is subject to their respective terms and policies.

The Company is not responsible for third-party service availability, accuracy, or performance. We make no warranties regarding third-party services and are not liable for damages arising from your use thereof.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of Slovenia, without regard to conflict of law principles.

Any disputes shall first be addressed through good faith negotiation. If negotiation fails, disputes shall be resolved by the courts of Ljubljana, Slovenia, which shall have exclusive jurisdiction.

15. Modifications to Terms

The Company reserves the right to modify these Terms at any time. Material changes will be communicated via email or through the Service at least 30 days before taking effect.

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you disagree with changes, you must discontinue use and cancel your subscription.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service.

16.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

16.3 Waiver

Failure to enforce any right or provision does not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign these Terms without our written consent. The Company may assign these Terms to any successor in interest.

16.5 No Partnership

Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between the parties.

17. Contact Information

For questions about these Terms, please contact us:

Enalitica
Tilen Ledic s.p.
Zupanciceva 2.a
8250 Brezice, Slovenia
Email: [email protected]
Website: enalitica.com

Last Updated: February 1, 2025