1.1 bchic UG (haftungsbeschränkt), Ilsensteinweg 37a, 14129 Berlin ("bchic Analytics") is the provider of a privacy-friendly web analytics platform called bchic Analytics ("Platform"). The Platform enables companies of any size ("Customers") to gain detailed insights into the use of their websites without relying on consent-requiring cookies or similar client-side tracking technologies.
1.2 These General Terms and Conditions ("Terms") apply to the use of the "bchic analytics" Platform when booking is made through the bchic Analytics website.
1.3 The offering of bchic Analytics is exclusively directed at entrepreneurs within the meaning of § 14 BGB, legal entities under public law, or special funds under public law ("commercially acting customers") and not at consumers. A consumer within the meaning of these Terms is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity. By using the services, the customer declares that they are acting as a commercially acting customer and not as a consumer. Use of the Platform by consumers is not permitted.
1.4 Agreements on special services or service areas become part of the contract with the customer and take precedence over these Terms of Use in the event of a conflict.
1.5 The application of the customer's general terms and conditions is excluded. Deviating, conflicting, or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that bchic analytics has expressly agreed to their validity in writing. This consent requirement applies in any case, for example, even if bchic Analytics provides services to the customer without reservation with knowledge of the customer's terms and conditions.
2.1 bchic Analytics provides the customer with access to the web analytics platform "bchic Analytics" ("Platform") as Software-as-a-Service (SaaS) for the duration of the contract. The Platform enables the collection and analysis of usage data from the customer's website(s).
2.2 To use the Platform, the customer implements a tracking script provided by bchic Analytics into the source code of their website. When an end user accesses the website, this script captures anonymized or pseudonymized usage data (such as visited page, referrer, country of access, device type) and transmits it to bchic Analytics servers. The Platform processes this data and makes it available to the customer in a protected online dashboard in the form of aggregated statistics and reports.
2.3 Data collection is deliberately carried out without the use of cookies or other technologies that store information on or access the user's device and would require consent under § 25 TTDSG. The processing of data is based on the customer's legitimate interest (Art. 6(1) lit. f GDPR) to analyze and optimize the use of their website. The customer's specific obligations with regard to data protection are regulated in § [reference to later section "Customer Obligations"] and in the Data Processing Agreement (DPA).
2.4
(a) The specific scope of functions of the Platform (e.g., number of trackable websites, data retention period, available metrics) depends on the service package selected by the customer, which is described in detail on the bchic Analytics website.
(b) bchic Analytics provides the Platform as technical infrastructure. All customer data is stored and processed exclusively on servers in data centers within the European Union (EU).
(c) bchic Analytics provides the Platform at the router output of the data center used ("service delivery point"). The customer's connection to the internet, maintenance of the network connection, and procurement and use of the hardware and software required on the customer's side (e.g., a current web browser) are not part of this contract.
2.5 bchic Analytics continuously develops the Platform to improve it, adapt it to the state of the art, or add new features. bchic Analytics reserves the right to change the scope of functions as long as the contractually agreed core functions of the Platform are maintained. Significant changes to the scope of services that are disadvantageous to the customer during an ongoing, paid contract period will be announced to the customer with reasonable notice. In such a case, the customer has a special right of termination if the change is unreasonable for them.
3.1 To gain access to the Platform's services, the customer must register and create a customer account.
3.2 The customer warrants that all data provided during registration is correct and complete. In the event of subsequent changes, the data stored in the user account, particularly address, payment, and contact data, must always be kept up to date.
3.3 The customer is obligated to keep their access data confidential and not to share it with third parties. Third parties do not include the customer's employees and other authorized users who are permitted to use the Platform and for whom the customer has a license.
3.4 No customer account is required for using the Platform under Self Managed Hosting.
4.1 If offered on our website, the customer can test the Platform free of charge and without obligation for a defined period (e.g., 30 days) ("trial phase"). The exact period and available scope of functions during the trial phase are described on our website.
4.2 The trial phase begins with the activation of the script on the customer's site.
4.3 After the trial phase expires, access to the Platform is automatically deactivated and the usage option ends. No cancellation is required. A contractual relationship for paid use only comes into effect if the customer actively books a paid service package.
The presentation of the Platform on our website does not yet constitute a binding offer. By clicking the "Complete Payment Contract" button, the customer submits a binding order for the selected services. The contract is concluded when bchic Analytics confirms the order. The acceptance period is five days. If bchic Analytics does not accept the customer's offer within this period, the customer is no longer bound by their offer.
6.1 Availability: bchic Analytics guarantees Platform availability of 99% on a monthly average. Availability refers to the accessibility of the Platform at the service delivery point (§ 2.4 c).
6.2 Exceptions to availability: Downtime is not included in the availability calculation if it is:
a) attributable to planned and announced maintenance work according to clause 6.3;
b) attributable to force majeure (e.g., natural disasters, war, pandemics, strikes) or other circumstances beyond bchic analytics' control
c) caused by the customer or third parties attributable to them (e.g., incorrect operation, faulty implementation of the tracking script, problems with the customer's hardware or software);
d) attributable to failures of the infrastructure necessary for operating the Platform (e.g., power supply, network connection), provided these are not within the sole responsibility of bchic analytics.
6.3 Planned maintenance work: bchic Analytics is entitled to perform planned maintenance work that may lead to temporary unavailability of the Platform. Such maintenance work will be announced to the customer at least three (3) days in advance by email or via the Platform dashboard whenever possible. Planned maintenance work preferably takes place during low-usage times (e.g., on weekends or at night) and will not exceed eight (8) hours per month unless unforeseen, urgent measures are required.
6.4 Error and fault reports: The customer must report disruptions to availability or other Platform errors to bchic Analytics immediately upon becoming aware of them. The report should be made via the support channels provided by bchic Analytics (e.g., email to kontakt@bchic.studio) and should include as detailed a description of the problem as possible and any helpful information (e.g., screenshots).
6.5 Response times: bchic Analytics will respond to proper fault reports that concern a significant impairment of the Platform's core functions within 24 hours on business days (Monday to Friday, excluding public holidays at bchic Analytics' location) with an initial qualified response ("response time"). Error resolution will occur as quickly as possible within technical and operational capabilities. This response time does not apply to minor errors or disruptions.
7.1 Grant of usage rights: bchic Analytics grants the customer a non-exclusive, non-transferable, and non-sublicensable right for the duration of the contract to access the "bchic Analytics" Platform via the internet and to use it within the provisions of this contract and the booked service package. The usage right is limited to the contract term and expires at the end of the contract.
7.2 Purpose-bound use: The customer may use the Platform exclusively for analyzing their own websites and for their own business purposes. Use for or on behalf of third parties (e.g., as an agency for their clients) is only permitted with express written permission from bchic Analytics.
7.3 Prohibited uses: The customer is specifically not authorized to:
a) rent, lease, lend, resell, or otherwise make the Platform or access to it available to third parties unless expressly permitted;
b) use the Platform or the insights gained from it to develop a competing product or service that has essentially the same functions as the Platform;
c) circumvent technical protective measures or restrictions of the Platform or activate functions for which they have not been granted usage rights;
d) modify, translate, reverse engineer, decompile, or otherwise attempt to determine the source code, underlying algorithms, or structure of the Platform, unless expressly permitted by mandatory law (§ 69e UrhG);
e) remove, obscure, or alter copyright notices, trademarks, or other proprietary rights notices of bchic Analytics.
7.4 Use by affiliated companies: Unless otherwise regulated in an Enterprise package or individual agreement, the granted usage rights apply exclusively to the customer as contractual partner. Use by companies affiliated with the customer (§ 15 AktG) requires a separate agreement.
8.1 General obligations and account security:
a) The customer is obligated to keep their access data (username, password) to the bchic Analytics account confidential and to protect it from access by unauthorized third parties.
b) The customer is responsible for all activities carried out via their account. They must immediately inform bchic Analytics of any suspected misuse of their account.
c) It is the customer's responsibility to independently back up the analyses and reports generated via the Platform as needed (e.g., by export), as bchic Analytics is not obligated to archive indefinitely beyond the data retention period defined in the service package.
8.2 Technical implementation and use:
a) The customer is solely responsible for correctly integrating the tracking script provided by bchic Analytics into their website(s) according to the documentation. Faulty implementation that leads to incomplete or incorrect data is not the responsibility of bchic Analytics.
b) The customer is prohibited from using technical measures that disrupt or excessively burden the Platform's functionality (e.g., through bots, dashboard scraping, abusive API calls). Use is subject to a fair use policy based on the booked service package (e.g., maximum number of page views per month).
8.3 Data protection responsibility (obligations as controller):
a) In the relationship between the customer and bchic Analytics, the customer is the controller within the meaning of GDPR for the processing of personal data of their website visitors. bchic Analytics acts as a processor on behalf of the customer.
b) The customer is obligated to include the use of bchic Analytics in their website's privacy policy. This information must clearly and comprehensibly include at least the following:
i. the purpose of data processing (e.g., statistical analysis and optimization of the website),
ii. the legal basis on which the processing is based (typically legitimate interest according to Art. 6(1) lit. f GDPR),
iii. a mention that bchic Analytics is used as a service provider (processor),
iv. and a notice of the user's right to object to this processing.
c) The customer undertakes to conclude the Data Processing Agreement (DPA) provided by bchic Analytics in accordance with Art. 28 GDPR. The DPA is an integral part of the contract for use of the Platform.
8.4 Responsibility for website content: The customer warrants that the websites on which they use bchic Analytics do not violate third-party rights and do not violate applicable law (e.g., no illegal, violence-glorifying, or discriminatory content).
8.5 Indemnification: The customer shall indemnify bchic Analytics upon first request from all third-party claims (including end users and data protection authorities) as well as associated costs (including reasonable legal defense costs) resulting from a culpable violation of their obligations under this § 8, particularly their data protection obligations (e.g., missing or incorrect privacy policy).
9.1 Compensation: The compensation to be paid by the customer for use of the Platform depends on the selected service package and chosen contract term (e.g., monthly or annual). Current prices can be viewed on the bchic Analytics website. All stated prices are net amounts plus applicable statutory value-added tax.
9.2 Due date and payment:
a) Compensation is due in advance for the respective billing period (e.g., month or year).
b) Payment is made via the payment methods offered by bchic Analytics (e.g., credit card, SEPA direct debit). The customer authorizes bchic Analytics or the commissioned payment service provider to collect the due amounts according to the selected payment method.
c) Invoices are provided to the customer in electronic form (e.g., by email or for download in the customer account).
9.3 Upgrade/downgrade of service packages:
a) The customer can upgrade to a higher service package at any time via their customer account. The higher compensation is calculated proportionally for the remaining billing period from the time of upgrade and is immediately due. From the following billing period, the full new compensation applies.
b) A downgrade to a lower service package is possible at the end of the current billing period. No proportional refund is made for the current period.
9.4 Payment default: If the customer is in default of payment, bchic Analytics is entitled, after prior notice, to temporarily block the customer's access to the Platform until the outstanding payment has been received in full. The customer's contractual payment obligations remain unaffected by the blocking. The right to extraordinary termination for good cause (§ 10) also remains unaffected.
9.5 Set-off prohibition: The customer may only offset against bchic Analytics' claims with undisputed or legally established claims.
9.6 Price adjustments: bchic Analytics is entitled to adjust the compensation for service packages effective at the beginning of a new billing period to compensate for increased total costs (e.g., for personnel, hosting, infrastructure). Such a price adjustment will be announced to the customer at least six (6) weeks before it takes effect in text form (e.g., by email). If the customer does not agree with the price adjustment, they have the right to terminate the contract extraordinarily at the time the adjustment takes effect. If they do not exercise this right, the new compensation is deemed agreed. bchic Analytics will specifically point out this right of termination in the announcement.
10.1 For defects of the Platform, the statutory provisions of rental law (§§ 536 ff. BGB) apply, unless otherwise stipulated in these Terms. Strict liability for defects that already existed at the time of contract conclusion (§ 536a(1) BGB) is expressly excluded.
10.2 The customer is obligated to notify bchic Analytics of Platform defects immediately after their discovery in text form (e.g., by email). The defect notification should contain a comprehensible description of the problem to enable efficient error resolution.
10.3 Defect remediation is carried out at bchic Analytics' choice either through free rectification (e.g., through an update or patch) or through replacement delivery (e.g., provision of a new version of the Platform).
10.4 The customer's right of termination pursuant to § 543(2) sentence 1 No. 1 BGB due to non-provision of contractual use only exists after bchic Analytics has been given sufficient opportunity to remedy the defect and this is to be regarded as failed. Failure of defect remediation is only to be assumed if it is impossible, seriously and definitively refused by bchic Analytics, or unreasonable for the customer for other reasons.
10.5 bchic Analytics assumes no warranty for the achievement of specific economic goals of the customer through use of the Platform. Likewise, no warranty is provided for the correct function of the Platform if the tracking script was incorrectly implemented by the customer or use occurs on unsupported systems (e.g., outdated browsers).
10.6 The customer is not entitled to enforce a reduction in compensation through independent deduction from the amount owed. bchic Analytics will refund justified reduction claims through a corresponding credit. The customer's right to reclaim overpaid compensation due to a justified reduction according to the rules of unjust enrichment remains unaffected.
11.1 bchic Analytics is liable to the customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.
11.2 In other cases, bchic Analytics is liable – unless otherwise regulated in clause 11.3 – only for breach of a contractual obligation whose fulfillment enables the proper performance of the contract in the first place and on whose compliance the customer may regularly rely (so-called cardinal obligation). In these cases, liability is limited to compensation for foreseeable, contract-typical damage. In all other cases, bchic Analytics' liability is excluded subject to the regulation in clause 11.3.
11.3 bchic Analytics' liability for damages from injury to life, body, or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.
11.4 Insofar as bchic Analytics' liability is excluded or limited according to these provisions, this also applies to the personal liability of its organs, employees, and other vicarious agents.
11.5 The customer's claims for damages become time-barred within one year from the statutory commencement of the limitation period, except in the cases mentioned in clauses 11.1 and 11.3.
12.1 bchic Analytics is entitled to block the customer's access to the Platform in whole or in part, temporarily or permanently, if there are concrete indications that the customer or the websites they track violate these Terms, the Data Processing Agreement (DPA), or applicable law (particularly data protection law). A blocking right also exists in case of payment default according to § 9.4 or if bchic Analytics has another legitimate interest in blocking (e.g., to protect the Platform infrastructure from attacks originating from the customer's account).
12.2 When deciding on a block, bchic Analytics will appropriately consider the customer's legitimate interests and, if possible and reasonable, send the customer a warning with reasonable time to remedy before blocking. In case of serious violations or imminent danger, blocking can also occur without prior notice.
12.3 bchic Analytics will inform the customer about the blocking and its reasons in text form (e.g., by email). In case of temporary blocking, access will be reactivated as soon as the reason for blocking no longer exists.
12.4 Permanent blocking is particularly appropriate in case of repeated or serious contractual violations. A permanently blocked access authorization will not be restored. Permanent blocking entitles bchic Analytics to extraordinary termination of the contractual relationship.
13.1 Term: The contract begins with contract conclusion and runs for the duration of the initial contract term selected by the customer (e.g., one month or twelve months).
13.2 Automatic renewal:
a) A contract with a monthly term automatically renews for one additional month each time unless terminated by either party with seven (7) days' notice to the end of the respective term.
b) A contract with an annual term automatically renews for twelve (12) additional months each time unless terminated by either party with one (1) month's notice to the end of the respective term.
13.3 Form of termination: Termination can be made in text form (e.g., by email to kontakt@bchic.studio) or, if technically available, directly via a corresponding function in the customer's account.
13.4 Right to extraordinary termination: Both parties' right to termination without notice for good cause remains unaffected. Good cause for bchic Analytics exists particularly when:
a) the customer becomes insolvent or insolvency proceedings are opened over their assets or opening is rejected for lack of assets;
b) the customer is in default of payment of compensation for two consecutive billing periods;
c) the customer seriously or repeatedly violates essential obligations under this contract (particularly from § 7 "Usage Rights" and § 8 "Customer Obligations") and does not remedy the violation even after a warning with reasonable deadline.
13.5 Consequences of contract termination:
a) Upon termination becoming effective, the customer's access to the Platform is blocked.
b) bchic Analytics is entitled to irrevocably delete all data associated with the customer's account, including captured analysis data, 30 days after contract termination. The customer is responsible for backing up their data (e.g., by exporting reports) before contract termination.
c) Any use of the Platform after contract termination is prohibited.
14.1 Role distribution under GDPR: When providing contractual services, bchic Analytics processes personal data on behalf of and according to the customer's instructions. Within the meaning of the General Data Protection Regulation (GDPR), the customer is therefore the controller (Art. 4 No. 7 GDPR) and bchic Analytics is the processor (Art. 4 No. 8 GDPR).
14.2 Conclusion of the DPA:
a) According to Art. 28 GDPR, the conclusion of a Data Processing Agreement (DPA) is mandatory for this constellation.
b) By concluding the usage contract, the customer accepts the DPA provided at the URL. This becomes an integral part of the contractual relationship between the customer and bchic Analytics.
15.1 "Confidential Information" means all information and documents of the other party that are marked as confidential or are to be regarded as confidential from the circumstances. This includes in particular trade secrets, product information, the Platform's source code, algorithms, know-how, business relationships, strategies and pricing information, but also all analysis data of the customer processed within the Platform.
15.2 Excluded from this obligation is Confidential Information that:
a) was demonstrably already known to the receiving party at the time of contract conclusion or becomes known thereafter from a third party without violation of a confidentiality agreement;
b) is already publicly known or becomes publicly known after contract conclusion, provided this is not based on a violation of this contract;
c) must be disclosed due to legal obligations or by order of a court or authority. To the extent permissible and possible, the party obligated to disclose will inform the other party in advance and limit disclosure to what is necessary.
15.3 The parties undertake to:
a) keep Confidential Information strictly confidential and use it only for contractually agreed purposes;
b) disclose Confidential Information only to those employees or consultants who need to know it for contract performance and who are also obligated to confidentiality;
c) secure Confidential Information against unauthorized access by third parties through appropriate technical and organizational measures.
15.4 The obligations under this § 15 apply, unless mandatory legal provisions conflict, for a period of five (5) years beyond contract termination. The obligations to maintain confidentiality of trade secrets under the Trade Secrets Act remain unaffected and apply indefinitely.
15.5 Upon request of the disclosing party, Confidential Information must be returned after contract termination or, if not subject to retention obligations, destroyed.
16.1 bchic Analytics reserves the right to change these Terms as well as the offered services to adapt them to changed legal or technical framework conditions or to respond to new market developments. Expansion of the Platform's scope of functions that does not cause the customer additional costs and does not impair core functions is possible at any time.
16.2 Excluded from the right to change are significant changes that would substantially disturb the contractual balance between the parties. This particularly concerns the main performance obligations (the core of the analysis tool) and the compensation regulations. If such changes are to be made, bchic Analytics will submit an offer to the customer to continue the contract under the changed conditions.
16.3 Other changes to these Terms will be announced to the customer at least six (6) weeks before their planned effective date in text form (e.g., by email). The customer's consent to the change is deemed granted if they do not object in text form within four (4) weeks after receiving the change notification.
16.4 bchic Analytics will specifically point out to the customer in the change notification the start of the period, the significance of their silence as consent, and their right to object. If the customer objects to the change, bchic Analytics is entitled to terminate the contractual relationship extraordinarily at the time the new Terms take effect.
17.1 Applicable law: This contract and all disputes arising from it are exclusively governed by the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules of private international law is excluded.
17.2 Place of jurisdiction: If the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is agreed. However, bchic Analytics is also entitled to sue the customer at their general place of jurisdiction.
17.3 Severability clause: Should individual provisions of this contract be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. In this case, the parties undertake to replace the invalid provision with a valid one that comes closest to the economic purpose of the invalid provision. The same applies in the event of a contractual gap.
17.4 Contract language: The German-language version of these Terms is authoritative for the contractual relationship. If translations into other languages are provided, they serve only for information purposes and are not legally binding.