1. Scope

1.1. www.pitefetch.com ("Provider") offers Software-as-a-Service (as described in more detail in section 3, the "Software") for use. These Terms of Use ("Terms of Use") apply to all contracts between the Provider and the Provider's commercial customers ("Customers") regarding the use of the Software. Customer and Provider are each referred to individually as a "Party" and collectively as the "Parties".

1.2. The Software may only be used by Customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Prior to concluding a contract, the Provider may require the Customer to provide sufficient proof of its status as an entrepreneur.

1.3. If specific conditions for individual uses of the Software or related services deviate from these Terms of Use, this will be indicated at the appropriate place. In such cases, the special terms of use shall apply additionally.

1.4. Deviating or conflicting terms and conditions of the Customer shall not be recognized unless the Provider has expressly agreed to them. Counter-confirmations by the Customer referring to its own terms and conditions are hereby rejected. Individual agreements between the Parties shall always take precedence.

1.5. Information contained in advertising materials, brochures or on the Provider's website shall only become part of the contract if this has been expressly agreed. Special requirements of the Customer, in particular regarding IT security, compliance or documentation, shall only become part of the contract if they are expressly included in the offer or in the online booking and confirmed by the Provider. The Provider shall only assume guarantees if these are expressly designated as such in writing.

1.6. The contract text will not be stored by the Provider after conclusion of the contract. The Customer has access to the current version of the Terms of Use on the Provider's website. The version of the Terms of Use valid at the time the contract is concluded will be provided to the Customer by email or as a download. The Customer will be informed about changes to the Terms of Use by email.

2. Conclusion of Contract

2.1. The use of the Software requires the conclusion of a contract ("Contract") between the Customer and the Provider.

2.2. A contract between the Parties is concluded by completing an online booking via the Provider's website or a comparable online interface ("Online Booking").

2.3. The offer presented on the website for the use of the Software does not constitute a legally binding offer but an invitation to the Customer to submit an offer (invitatio ad offerendum). The Customer selects the desired plan online and submits a binding offer to conclude a contract under the conditions displayed there by completing the booking process.

2.4. The contract is concluded as soon as the Provider confirms the booking or grants the Customer access to the Software.

2.5. The legal relationship between the Provider and the Customer is governed exclusively by the contract concluded between the Parties, consisting of the conditions specified in the Online Booking and these Terms of Use. In the event of contradictions between the Online Booking and the Terms of Use, the provisions of the Online Booking shall prevail.

2.6. The Provider may offer free trial periods at its own discretion. The duration and conditions of the trial period are displayed during the Online Booking. After the trial period expires, it will end automatically. The Provider may change or discontinue trial periods at any time.

3. Scope of Services and Functions

3.1. The Software is a web-based software solution for analyzing website usage data.

3.2. The Software is operated and maintained on servers of the Provider or its subcontractors.

3.3. For the duration of the contract, the Provider shall make the Software available to the Customer as Software-as-a-Service within the agreed scope, as well as the storage space required for the contractual use of the data entered by the Customer or generated during use ("Customer Data"). The specific scope of services and functions of the Software booked by the Customer, including authorized users, depends on the plan selected by the Customer during the Online Booking.

3.4. The Customer may change the booked plan at any time via its customer account. An upgrade to a higher plan takes effect immediately; fees already paid for the current billing period will not be reimbursed. For all subsequent billing periods, billing will take place within the framework of the agreed advance payment. A downgrade to a lower plan will take effect at the end of the current billing period.

3.5. The Provider shall implement measures corresponding to the state of the art to protect Customer Data. However, the Provider shall not have any custodial or retention obligations regarding Customer Data.

3.6. The Provider shall only owe the provision of the functions and characteristics of the Software resulting from the service description as well as the adaptation of the Software to the current state of the art. The Provider shall not owe any further services unless expressly agreed otherwise in writing. In particular, the Provider is not obliged to provide installation, setup, consulting, customization or training services, or to create or provide individual programming or additional software. However, further services of the Provider (e.g. additional features) may be provided to the Customer by separate agreement and, if applicable, against separate remuneration.

3.7. Maintenance of the Software is included in the agreed remuneration. Maintenance includes regular review of the Software to ensure contractual performance and security as well as the elimination of errors. Maintenance work shall be carried out in accordance with section 5 (Availability, Disruptions).

3.8. The Provider will continuously expand and improve the Software through patches, updates and upgrades if these (i) serve technological progress or (ii) appear necessary to prevent misuse. Furthermore, the Provider is entitled to modify the Software if (i) applicable law requires such changes, (ii) the changes are advantageous for the Customer, or (iii) the changes are purely technical or procedural in nature and have no significant impact on the Customer. All other changes are subject to section 17.

4. Access Credentials

4.1. The Customer must protect and store access credentials against access by third parties in accordance with the state of the art.

4.2. Access credentials may not be disclosed to third parties, except for disclosure to employees of the Customer for business purposes.

5. Availability, Disruptions

5.1. The Provider makes the Software available for use at the router output of the data center in which the server hosting the Software is located ("Handover Point"). The Customer is responsible for the internet connection between the Customer and the Handover Point and for the required hardware and software (e.g. computer, network connection).

5.2. The Software is provided subject to technical and operational possibilities. No specific availability or response time is guaranteed.

5.3. The Provider will endeavor to remedy disruptions or interruptions in the provision of the Software within a reasonable period after the Customer has reported them.

5.4. Maintenance work may lead to temporary restrictions. The Provider will, where possible, carry out such work outside normal business hours and inform the Customer in advance if a significant impairment of use is expected.

5.5. Periods of unavailability due to circumstances beyond the Provider's control (e.g. force majeure, actions of third parties) are excluded from the Provider's responsibility.

5.6. The Customer must report disruptions immediately by email or via the support portal on the Provider's website. The Provider will respond to such reports in an appropriate manner.

6. Rights of Use

6.1. This clause applies exclusively to the granting of rights of use to the Software by the Provider to the Customer; the granting of rights of use to third parties is governed by section 7.

6.2. Subject to payment of the agreed remuneration, the Customer receives from the Provider the non-exclusive and non-transferable right to use the Software during the term of the contract within the agreed scope in accordance with its intended purpose and in compliance with applicable laws. Unless expressly agreed otherwise, the aforementioned rights of use apply only to the country in which the Customer has its registered business seat.

6.3. All rights to the Software remain with the Provider. The Customer acquires only those rights of use that are expressly granted under the contract.

6.4. The Software may only be used by the Customer for its own purposes. In particular, the Customer may not:

6.4.1. make the Software available to third parties outside the agreed authorized user group;

6.4.2. modify, decompile, disassemble, reconstruct or otherwise alter the Software, unless and to the extent permitted by mandatory statutory provisions;

6.4.3. use the Software to develop a competing software solution or assist a third party in doing so;

6.4.4. use the Software to distribute illegal and/or infringing content;

6.4.5. sell, license, rent, transfer or otherwise commercially exploit the Software.

6.5. The Provider reserves the right to delete unlawful content as well as content containing viruses or other harmful components and/or to block access to the Software.

6.6. The Customer may reproduce the Software only to the extent necessary for its intended use as described in the applicable service description. Necessary reproduction includes loading the Software into the working memory on the Provider's server, but not even temporary installation or storage of the Software on data storage devices (such as hard drives or similar) of the hardware used by the Customer.

6.7. Upon termination of the contract, the rights of use shall end automatically without the need for a declaration by the Provider.

7. Third-Party Rights of Use

7.1. The Software may contain open source software components. The use of these components is governed exclusively by the respective license terms of the open source software components that are provided and/or referenced as part of those components. In the event of conflicts or contradictions between the license terms of the open source software and the provisions of the contract, the license terms of the open source software shall prevail.

7.2. If the Provider provides APIs or add-ons for third-party software, such third-party software is not covered by the grant of rights under section 6. The Customer is responsible for obtaining the corresponding rights of use.

8. Support

8.1. The Provider establishes a support service for Customer inquiries regarding the Software. Inquiries may be submitted via the support channels specified on the Provider's website. Requests are processed in the chronological order in which they are received.

8.2. If reported errors are attributable to improper or contractually non-compliant use of the Software by the Customer or its users, the Provider may charge the Customer for the effort required to remedy the error at customary market rates.

8.3. The Customer is invited to provide feedback to the Provider regarding the Software. The Customer grants the Provider the free-of-charge, unlimited right in terms of time and territory to use such feedback to improve the Software and other services of the Provider.

9. Obligations of the Customer, Prohibited Uses

9.1. The Customer shall ensure that the Software is used only within the contractually agreed scope. Any unauthorized access must be reported to the Provider immediately. In the event of misuse, the Provider is entitled to block access to the account, the login area, the Software and/or other services.

9.2. The Customer is solely responsible for the content and data processed using the Software. The Customer is obliged not to use the Software in any manner that violates applicable law, official orders, rights of third parties, or agreements with third parties.

9.3. A prerequisite for the contractual use of the Software is that the Customer operates a website into which the JavaScript code provided by the Provider can be integrated and that this website or hosting environment technically permits the transmission of data to external domains or endpoints of the Provider. Access to the customer account and the web-based functions of the Software further requires an internet-capable device, a functioning internet connection, and a current, standard web browser. The Customer is responsible for maintaining the technical prerequisites within its sphere of responsibility. Any limitations of usability resulting from missing or insufficient technical prerequisites on the Customer's side, from customer-side security or browser settings (e.g. Content Security Policy, script blockers, firewalls or proxy configurations), or from other circumstances within the Customer's area of responsibility shall not fall within the Provider's responsibility.

9.4. The Customer shall check the data for viruses or other harmful components before storing or using it in the Software and shall implement state-of-the-art protective measures (e.g. antivirus software) for this purpose.

9.5. The Customer shall indemnify the Provider against all claims, legal disputes, losses, damages, expenses, costs (including court costs and legal fees) and liabilities ("Losses") arising from or in connection with (i) the Customer's use of the Software in violation of the contract, (ii) any breach by the Customer of obligations or prohibitions set out in section 6 or in this clause, or (iii) any claim that content distributed via the Software by the Customer has caused damage to a third party.

10. Customer Data

10.1. The Provider does not perform any substantive or professional review of the Customer Data. The Customer is solely responsible for the accuracy, completeness and legality of the Customer Data. The Provider shall not be liable for damages resulting from incorrect, incomplete or unlawful Customer Data.

10.2. The Customer Data may be protected by copyright or other legal rights. The Customer hereby grants the Provider the right to make the Customer Data accessible to the Customer when requested via the internet and in particular to reproduce and transmit it for this purpose as well as to reproduce it for backup purposes.

10.3. If Customer Data loses its personal reference through anonymization, the Provider is free to further use and store such data to the extent permitted under the applicable data protection laws.

11. Data Protection

11.1. The Parties shall comply with the applicable data protection regulations when performing the contract, in particular the provisions of the GDPR and the German Federal Data Protection Act (BDSG).

11.2. The Parties shall obligate their employees and other agents to maintain confidentiality and comply with data protection requirements.

11.3. The Customer is responsible for the processing of personal data in connection with the use of the Software within the meaning of Art. 4 No. 7 GDPR. The Customer ensures that it is authorized to process personal data within the scope of using the Software and shall indemnify the Provider against all claims by third parties based on a violation of data protection regulations by the Customer.

12. Remuneration

12.1. The remuneration for the use of the Software depends on the plan selected by the Customer during the Online Booking. The remuneration may consist of a flat fee and/or usage-based fees, as specified in the selected plan.

12.2. The remuneration is due in advance at the beginning of each billing period (monthly or annually, depending on the selected plan). During Online Booking, a valid payment method (e.g. credit card) must be provided. The Customer authorizes the Provider to charge the respective due remuneration to the stored payment method.

12.3. If the Customer exceeds the usage limits specified in the booked plan (e.g. number of users, storage volume or transactions), the Provider is entitled to charge additional fees for the excess usage. Billing for excess usage may, at the Provider's discretion, be carried out either by upgrading the Customer to the next higher plan or by charging the actual excess usage at the end of the respective billing period. The Customer will be informed by email or within the Software if usage limits are exceeded and about the corresponding additional fees.

12.4. The Provider is entitled to increase the remuneration for future billing periods. The Provider shall inform the Customer in text form at least eight (8) weeks before the increase becomes effective. If the Customer does not agree to a price increase of more than 5%, the Customer may terminate the contract with a notice period of 14 days to the end of the current billing period.

12.5. In the event of payment default, the Provider is entitled to restrict or suspend the services. If payment default exceeds 60 days, the Provider is entitled to terminate the contract for cause.

12.6. The Customer is not entitled to offset claims against the Provider unless such claims have been legally established or acknowledged in writing by the Provider.

12.7. The Customer may exercise a right of retention only on the basis of counterclaims arising from the same contractual relationship that are undisputed or legally established.

13. Term and Termination

13.1. The contract begins with completion of the Online Booking and runs for the duration of the billing period specified in the selected plan (monthly or annually). The contract is automatically renewed for another billing period unless it is terminated. The Customer may terminate the contract at any time with effect at the end of the current billing period, provided that no minimum contract term is specified in the selected plan. The Provider may terminate the contract with one (1) month's notice to the end of a billing period.

13.2. The right to terminate the contract without notice for good cause remains unaffected. Good cause exists in particular if:

13.2.1. the other Party repeatedly or continuously violates essential contractual obligations despite prior warning;

13.2.2. insolvency proceedings are opened against the assets of the other Party or the opening of such proceedings is rejected due to insufficient assets; or

13.2.3. a Party uses Customer Data contrary to the contractual agreements.

13.3. Upon termination of the contract, all rights of use granted to the Customer regarding the Software shall expire. The Customer must immediately cease using the Software.

14. Warranty

14.1. The Software provided by the Provider substantially corresponds to the described service description. The Provider points out that, according to the current state of technology, it is not possible to create software that is completely free of errors. The Provider does not guarantee the completeness, accuracy, timeliness, reliability, suitability, or availability of the Software.

14.2. If an update or upgrade must be installed or activated by the Customer and the Customer fails to do so within a reasonable period despite being requested by the Provider, the Provider's liability for defects resulting from the absence of such update shall be excluded.

14.3. Warranty claims are excluded for defects resulting from use of the Software that does not comply with the contract.

14.4. The Provider warrants that the contractual use of the Software does not infringe any third-party rights. The Customer shall immediately inform the Provider if third parties assert claims against it due to alleged infringements of intellectual property rights. If the Software infringes third-party rights, the Provider shall, at its own discretion and expense, either (i) procure for the Customer the right to use the Software or (ii) modify the Software in such a way that it no longer infringes third-party rights. If the Provider is unable to remedy the situation, either Party shall be entitled to terminate the contract for cause.

14.5. The Provider does not warrant that the Customer's business expectations associated with the use of the Software will be realized.

14.6. The Provider does not assume any additional guarantee for the Software unless expressly confirmed.

14.7. Any claims for damages are subject to the limitations specified in section 15 (Liability).

15. Confidentiality

15.1. The Parties undertake to treat all Confidential Information obtained in connection with the contract and its performance as confidential and not to disclose or transfer it to third parties ("Confidentiality Obligation").

15.2. "Confidential Information" means all economic, technological, scientific, patent-related, and other internal information of the Parties relating to business strategies, ideas, intellectual property rights, development, know-how, and production of the Parties that has already been disclosed or is disclosed within the framework of the contract.

15.3. The confidentiality obligation does not apply to information:

15.3.1. that was already in the possession of the receiving Party before being disclosed by the other Party;

15.3.2. that was already publicly known at the time of disclosure;

15.3.3. that becomes publicly known after disclosure through publication or otherwise, unless this occurs through a breach of the confidentiality obligations set out in this section by one of the Parties;

15.3.4. whose disclosure to third parties has been previously approved by the other Party in text form (including email); or

15.3.5. that must be disclosed due to a legal obligation.

15.4. The confidentiality obligations shall continue to apply after termination of the contract.

15.5. After prior coordination with the Customer, the Provider may refer to the business relationship for promotional purposes, in particular by publicly naming the Customer as a customer and using the Customer's logo on the Provider's website and in marketing materials.

16. Amendments to these Terms of Use

16.1. For good cause, in particular in the event of changes in legislation, supreme court rulings, the Software, related services, or market conditions, the Provider may notify the Customer of amendments to these Terms of Use while highlighting the significant changes. The amended Terms of Use shall be deemed accepted if the Customer does not object within one month after receiving the notification and the Provider has expressly informed the Customer of this consequence in the notification. Changes to the agreed service contents require the express consent of the Customer regardless of the above provisions.

16.2. If the Customer objects to an amendment of the Terms of Use within the period specified above, the Provider shall have the right to terminate the contract with one month's notice to the end of a calendar month.

16.3. In the event of an increase in fees, section 12.5 shall apply accordingly.

17. Notices

Customer notices must be sent by email to info@pitefetch.com. Important changes to Customer data or other circumstances affecting the contractual relationship must be communicated by the Customer without delay to the Provider at the email address specified above.

18. Final Provisions

18.1. The Customer may assign or transfer rights and obligations under the contract to third parties only with the prior consent of the Provider in text form. Section 354a of the German Commercial Code (HGB) remains unaffected.

18.2. German law shall apply to the exclusion of its conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG).

18.4. The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms of Use or the contract shall be Berlin, Germany, unless mandatory statutory provisions provide otherwise. The place of performance is the registered seat of the Provider.

18.5. If any provision of these Terms of Use is or becomes invalid, contains an invalid time limit, or contains a gap, the validity of the remaining provisions shall remain unaffected. To the extent that the invalidity does not result from a violation of Sections 305 et seq. of the German Civil Code (BGB) regarding general terms and conditions, the invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the Parties. The same applies in the event of a gap. In the case of an invalid time limit, the legally permissible time limit shall apply.

18.6. Last updated: March 14, 2026