1. Provider, scope and acceptance
Use Ampersand (“we”, “us”) provides this service; the provider’s details are set out in the Legal Notice. By creating an account or using the service, you agree to these terms. If you use the service for an organisation, you confirm that you are authorised to bind that organisation to these terms.
The service is offered exclusively to businesses within the meaning of § 14 of the German Civil Code (BGB) — people and organisations acting in the course of a trade, business or profession. It is not offered to consumers. By signing up, you confirm that you are using it for such a purpose.
2. The service
Use Ampersand lets you send event data from your servers to our HTTP API and view analytics in a dashboard. Features, event limits and data retention depend on the plan of each project, as described on the pricing page. We may improve or change the service, and will give notice in advance where a change materially reduces a paid feature.
We aim to keep the service available, but do not promise uninterrupted or error-free access, and we do not offer a service level agreement. We may temporarily suspend parts of the service for maintenance, for security, to address misuse, or where the law requires it.
3. Your account and responsibilities
Keep your account details accurate and protect access to your email account, which is how you sign in, and your API keys. You are responsible for activity under your account and under your API keys. Do not use the service unlawfully, interfere with its operation, or work around its technical limits.
You are responsible for ensuring that the data you send to us may lawfully be collected and processed, including providing the required notices and having a legal basis for it. Do not send special categories of personal data (such as health data) or direct identifiers such as names or email addresses as identifiers of your users. Our data processing agreement applies to personal data in the events we process on your behalf. Our Privacy Policy explains how we process the data of your account.
4. Plans, trials and payment
The Hobby plan is free. Paid plans are billed per project, monthly and in advance, at the prices shown at checkout. Payments are handled by Stripe; the checkout shows the applicable taxes and payment details before you confirm.
Your first paid subscription begins with a 14-day trial; each customer can use the trial only once, across all of their projects. A payment method is required to start the trial. The plan is charged when the trial ends unless you cancel it beforehand.
If a payment fails, Stripe retries it and lets you know by email, and the dashboard shows a notice. If the payment is still outstanding 14 days after the first failed attempt, the subscription ends and the project moves to the Hobby plan; for 30 days after that, its events are still kept for the retention period of the previous plan.
Each plan includes a number of events per project and calendar month (counted in UTC). Above that number we keep accepting events and let you know, up to 150% of the included amount. Beyond that, we reject further events until the next calendar month begins. Rejected events are not stored and cannot be recovered.
Paid subscriptions renew monthly until cancelled. You can cancel through “Manage billing” in the settings of the project. We do not refund fees already paid for the current billing period, except where required by law.
5. Your data
You retain your rights in the data you submit. You allow us to host, process and display that data as needed to provide and secure the service, in accordance with your instructions and the data processing agreement.
Events are kept for the retention period of the project’s plan and deleted afterwards. If you cancel a paid plan or move to a smaller one, the previous retention period still applies for 30 days; after that, the retention of the new plan applies and older events are deleted. There is no self-service data export yet; on request, we provide your events as described in the data processing agreement. Deleted data cannot be restored.
We own the service, software and associated materials. We grant you a limited, non-exclusive, non-transferable right to use them for your business purposes while your account is active and you follow these terms.
6. Suspension, termination and account deletion
You can delete your account at any time in your account settings. This cancels any paid subscriptions and immediately and permanently deletes your projects, events and API keys.
We may suspend or end your access if you materially breach these terms, create a security or legal risk, or fail to pay amounts due. Where practical, we will give you notice and an opportunity to address the issue first. We may also end the contract for a free plan with 30 days’ notice.
7. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, and wherever liability cannot legally be limited, including under the German Product Liability Act. For ordinary negligence, we are liable only for breach of a material contractual obligation — one whose fulfilment makes proper performance of the contract possible in the first place and on which you may regularly rely — and then limited to the foreseeable damage typical for this type of contract.
For the loss of data, we are liable only to the extent that the damage would also have occurred had you kept your own records in a way appropriate to the importance of the data.
8. Changes to these terms
We may update these terms where needed to reflect changes to the service or the law. We will notify account holders of material changes by email at least 30 days before they take effect. If you do not agree, you may cancel any paid plan or delete your account before the changes take effect; otherwise the updated terms apply from that date.
9. Governing law, jurisdiction and contact
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a merchant, a legal entity under public law or a special fund under public law, the courts at our place of business in Germany, as stated in the Legal Notice, have exclusive jurisdiction. If any provision of these terms is invalid, the rest remains in effect.
Questions about these terms? Contact hello@useampersand.io. For provider details, see our Legal Notice.