Terms of service

Last updated: [date]. These Terms apply to businesses only.

1. Who we are and who these Terms are for

NandTech GmbH (“we”) provides the Owlpane observability service. The service is for business customers (“you”). By creating an account you confirm you act for a business and are allowed to bind it.

2. The service

We provide access to the features of your plan as described on our website. Features marked beta may change or be withdrawn. Plan limits (data volume, retention, projects, alert channels) are described on the pricing page. We may improve, change or retire features and will give reasonable notice of changes that materially reduce a paid feature.

3. Accounts and security

Keep credentials secure and tell us promptly about suspected misuse. You are responsible for activity under your account, including your team members and API keys.

4. Fees and payment

• Prices are on the pricing page, in the currency shown, and exclude VAT. Business customers in other EU countries with a valid VAT ID are invoiced under the reverse-charge mechanism.
• Paid plans are billed monthly (or yearly if offered) by Stripe. Usage is the data our ingest gateway receives, measured as it arrives.
• The free plan and the 14-day Team trial need no payment method. When a trial ends the workspace continues on the free plan; nothing is deleted.
• If you exceed a plan limit we sample or stop ingest as described on the pricing page instead of billing beyond your spend cap.

5. Your data

• You keep all rights in the data you send (“Customer Data”). You grant us the rights needed to run the service.
• You decide what telemetry to send. You must not send data you have no right to send, and you are responsible for any notices and consents your own users need, including for session replay and browser monitoring.
• Where Customer Data contains personal data, we act as your processor under the data processing agreement (DPA) which forms part of these Terms. Our sub-processors are listed at /subprocessors.html.
• You can export your data and leave at any time; we support standard OpenTelemetry and export tools. On termination we delete Customer Data within [period, e.g. 30 days], subject to legal retention duties. [lawyer: add the switching-provider terms required by the EU Data Act for data processing services]

6. Acceptable use

Do not attack, probe or overload the service, bypass limits, resell it without permission, send unlawful content, or use it to build a competing product by copying it. We may suspend an account that puts the service or other customers at risk, and will tell you why where we can.

7. Availability and support

We aim to keep the service available but do not promise a specific uptime unless a signed order form says so. Current status is on the status page. Support is by email [response targets, if any].

8. Our intellectual property

The service, its software, documentation and brand belong to us or our licensors. We grant you a non-exclusive, non-transferable right to use the service during your subscription. Open-source components we publish are under their own licences.

9. Estimates and reports

Cost, energy and carbon figures in the service are estimates for engineering decisions. They are labelled measured or estimated and carry an uncertainty range. They are not audited emissions data and are not a substitute for regulatory or financial reporting.

10. Warranty and liability

• [lawyer: warranty disclaimer suited to Austrian law]
• [lawyer: cap on liability (for example fees paid in the prior 12 months), with the mandatory exceptions: intent, gross negligence, injury to life, body or health, and anything the law does not allow to be limited]

11. Term and ending

You can cancel at any time from the console; a paid plan ends at the end of the paid period. We can end the agreement for material breach after notice, or for convenience with [notice period] notice and a refund of prepaid fees for the unused period.

12. Changes to these Terms

We may update these Terms. We will tell you about material changes at least [30] days in advance by email or in the console. If you object, you can cancel before they apply.

13. Law and courts

These Terms are governed by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The courts of Vienna, Austria have exclusive jurisdiction where the law allows.

14. Contact

NandTech GmbH, [street, postcode, city, country], hello@owlpane.com.