Terms of Service

These Terms of Service ("Terms") govern your use of Pulse Analytics (the "Service"), provided by Loovl OÜ, registry code 17497447, VAT identifier EE102982660, registered in Estonia ("Pulse", "we", "us", "our"). Registered address for service of legal notices: see Section 16.

By creating an account, embedding the Pulse tracker on a website, or otherwise using the Service, you ("Customer", "you") agree to be bound by these Terms, the Privacy Policy, the Data Processing Agreement, and our Acceptable Use Policy below. If you do not agree, do not use the Service.

If you are accepting these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation, and "you" refers to that organisation.

1. Definitions

• "Service" — the Pulse Analytics web analytics platform, including the tracker script, ingestion endpoint (/api/collect), dashboard, public share links, API, integrations, and any related features.
• "Account" — your registered Pulse account.
• "Plan" — the tier you have selected (Free, Starter, Growth, Business, or higher), with the corresponding features and quotas.
• "Pageview" or "pv" — a single recorded page-view event.
• "Customer Data" — all data you submit to the Service, including event data collected from your websites' visitors.
• "Visitor" — a person whose interaction with your website is measured by the Pulse tracker.
• "Affiliate" — any entity that controls, is controlled by, or is under common control with a party.

2. The Service

2.1. Pulse provides privacy-preserving, EU-hosted web analytics. Features available depend on your Plan and are described at https://loovl.eu/pricing.

2.2. We may improve, modify, add to, or remove features from time to time. For material changes that reduce functionality of a paid Plan, we will give at least 30 days' prior notice by email and in the dashboard. If a material reduction affects you adversely, you may terminate your subscription and receive a pro-rata refund of any prepaid fees for the unused period.

2.3. The Service is provided in English; localisation into additional languages may be available.

3. Eligibility and accounts

3.1. Eligibility. You must be at least 18 years old (or the age of legal majority in your jurisdiction) and able to form a binding contract.

3.2. Account information. You agree to provide accurate, current, and complete information at registration and to keep it up to date.

3.3. Account security. You are responsible for safeguarding your password and for any activity under your Account. Notify us immediately at security@loovl.eu of any unauthorised use.

3.4. One account per person or organisation. Free Plan accounts are limited to one per person and one per organisation. We may suspend or close duplicate or fraudulent Free accounts.

3.5. Email verification. You must verify your email before accessing the dashboard. We may suspend access if verification is not completed within 7 days.

4. Free Plan

4.1. The Free Plan is offered at no charge, subject to the following limits (which we may adjust on notice):

• 5,000 pageviews per calendar month
• 1 site
• Limited features (see https://loovl.eu/pricing for the current matrix)

4.2. Soft cap. When you exceed the monthly pageview cap, additional events are not recorded for the remainder of the month, the dashboard will display an upgrade notice, and the counter resets on the 1st of the next month.

4.3. No SLA. The Free Plan is provided "as is" without any service-level agreement, support guarantee, or uptime commitment.

4.4. Eligibility. The Free Plan is intended for personal projects, small blogs, and evaluation. We reserve the right to require commercial users to subscribe to a paid Plan.

4.5. Inactivity. Free Accounts that record no events for 12 consecutive months may be deactivated and deleted after 30 days' email notice.

5. Paid plans, billing, and taxes

5.1. Plans. Paid Plans are billed monthly or annually, in advance, in EUR.

5.2. Merchant of Record. Payments are processed by a third-party Merchant of Record (the specific provider is named in our Sub-processors list before paid plans launch). The Merchant of Record is responsible for charging your payment method, issuing invoices, and collecting and remitting applicable VAT, sales tax, GST, and similar taxes.

5.3. Renewal. Subscriptions automatically renew at the end of each billing period at the then-current rate, unless you cancel before the renewal date. You can cancel renewal at any time from the customer portal.

5.4. Price changes. We may change Plan prices on at least 30 days' prior notice by email. Price changes take effect on your next renewal. If you do not accept the new price, you can cancel before renewal and the existing price applies until the end of your current period.

5.5. Refunds. Subscription fees are non-refundable except: (a) where required by mandatory consumer-protection law; (b) where we materially reduce paid functionality (Section 2.2); or (c) at our discretion. Annual subscriptions can be refunded pro-rata for the unused period within the first 14 days of purchase.

5.6. Pageview overages on paid Plans. We use soft overage handling: if your monthly pageviews exceed your Plan's quota, we continue tracking and email you with an upgrade recommendation. You will not be silently downgraded or have data dropped. If you exceed the quota in two consecutive months, we will require an upgrade.

5.7. Suspension for non-payment. If a payment fails, we will retry charging your payment method and notify you. After 14 days of unpaid invoice, we may suspend the Service. After 60 days, we may delete the Account and Customer Data. Re-activation is possible on payment of outstanding fees plus a reasonable reactivation fee.

5.8. VAT identifier. If you provide a valid EU VAT identifier at checkout, the Merchant of Record applies the reverse-charge mechanism where applicable. You are responsible for the accuracy of the VAT ID.

6. Acceptable Use

6.1. You may not use the Service to:

• Engage in any unlawful, fraudulent, or harmful activity, or facilitate any such activity;
• Track Visitors in a way that violates applicable data-protection law (including GDPR, ePrivacy, CCPA);
• Inject the tracker on a website without the right to do so, or on a website that promotes child sexual abuse material, terrorism, illegal weapons, malware distribution, phishing, or other illegal content;
• Knowingly transmit personally identifying information (full names, email addresses, phone numbers, government IDs, payment data, health data) as event properties or as URL parameters that we would record;
• Submit special-category personal data (Article 9 GDPR) through the Service;
• Impersonate any person or entity, or misrepresent your affiliation;
• Attempt to circumvent the Free Plan limits by registering multiple Accounts, using disposable email addresses, or distributing your traffic across multiple Accounts;
• Probe, scan, or test the vulnerability of the Service without our prior written permission, except where required by Article 32 audit rights of the DPA;
• Interfere with or disrupt the integrity or performance of the Service, including by sending high-volume bot traffic, denial-of-service traffic, or malformed payloads (the /api/collect endpoint includes built-in rate limiting);
• Resell, sublicense, or rent access to the Service without a written agreement with us;
• Reverse-engineer, decompile, or disassemble the Service, except to the extent allowed by mandatory law;
• Use the Service to build, train, or improve a competing analytics product or service.

6.2. We may, at our discretion, suspend or terminate Accounts that violate this Acceptable Use Policy, with or without notice depending on the severity. We will notify you and provide a reasonable opportunity to remedy the breach where appropriate.

7. Customer responsibilities — privacy and consent

7.1. You are the data controller for personal data of your Visitors. We are the data processor on your behalf. The relationship is governed by our Data Processing Agreement, which is incorporated into these Terms by reference.

7.2. You are responsible for:

• Determining the lawful basis for measuring your Visitors (Pulse is designed so that legitimate interest under Article 6(1)(f) GDPR is generally available without prior consent, subject to your local interpretation; please consult your DPA / regulator if unsure);
• Publishing a privacy policy on your website that informs Visitors of the analytics processing;
• Honoring data-subject requests received from your Visitors (deletion, access, etc.) — Pulse provides functionality to support this;
• Not transmitting personally identifying information through the Service.

7.3. We provide an automated Analytics privacy snippet generator you can use to draft the analytics section of your privacy policy. The snippet is provided for convenience and does not constitute legal advice.

8. Customer Data and intellectual property

8.1. Customer Data ownership. As between the parties, you own all Customer Data. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, and display Customer Data solely as necessary to provide the Service to you.

8.2. Aggregated, de-identified usage data. We may compile aggregated, de-identified usage statistics from the Service (e.g. total pageviews ingested system-wide, average dashboard load time) for product improvement, capacity planning, and marketing. Such aggregated data does not identify you, your Visitors, or your websites.

8.3. Pulse intellectual property. The Service, software, dashboards, documentation, trademarks, logos, and design are the property of Loovl OÜ or our licensors, protected by copyright, trademark, and other laws. No rights are granted to you except the limited right to use the Service per these Terms.

8.4. Feedback. If you provide suggestions, ideas, or feedback to us, we may use them without restriction or compensation, while acknowledging your contribution where reasonable.

8.5. No exclusivity. Nothing in these Terms restricts us from developing or providing similar services to others.

9. Confidentiality

Each party may receive confidential information from the other. Each party will use the same degree of care it uses to protect its own confidential information (and no less than reasonable care), use it only to perform under these Terms, and disclose it only to personnel and advisors with a need to know who are bound by confidentiality. These obligations do not apply to information that is public, independently developed, lawfully obtained from a third party, or required to be disclosed by law (with prompt notice to the other party where lawful).

10. Service availability

10.1. We aim for high availability of the Service but do not guarantee specific uptime on the Free Plan.

10.2. Paid Plans target 99.5% monthly uptime, measured by the availability of the ingestion endpoint and dashboard. Planned maintenance is announced at least 48 hours in advance and excluded from uptime calculation.

10.3. If a paid Customer experiences uptime below 99.5% in a given calendar month due to a fault on our side, we will, on written request submitted within 30 days of the affected month, credit 10% of the monthly fee for that month. This is the sole and exclusive remedy for downtime.

11. Suspension, termination, and account deletion

11.1. By you. You can cancel your subscription at any time through the customer portal. Cancellation takes effect at the end of the current billing period; you retain access until then. You can delete your Account and all Customer Data at any time from the dashboard.

11.2. By us, with cause. We may suspend or terminate your Account immediately if you (a) materially breach these Terms or our Acceptable Use Policy, (b) fail to pay (Section 5.7), (c) put us at material legal or security risk, or (d) violate applicable law in connection with the Service.

11.3. By us, without cause. We may terminate any Account on 30 days' written notice for any reason. We will refund pro-rata any prepaid fees for the unused period.

11.4. Effect of termination. On termination:

• Your access to the Service ends at the effective date.
• You have a 30-day grace period during which you can export Customer Data through the dashboard.
• After the grace period, all event data and Account data is permanently deleted, except where retention is required by law (e.g. accounting records — Section 4 of the Privacy Policy).
• Sections that by their nature should survive (Confidentiality, IP, Liability, Governing Law) survive termination.

12. Disclaimer of warranties

12.1. To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation.

12.2. We do not warrant that:

• The Service will meet your specific requirements;
• The Service will be uninterrupted, timely, secure, or error-free;
• Analytics data is exhaustive — Visitors using ad blockers, privacy browsers, or with JavaScript disabled may not be measured.

12.3. Nothing in this section limits any warranty that cannot be excluded under applicable consumer-protection law.

13. Limitation of liability

13.1. Excluded damages. To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost revenues, lost goodwill, or business interruption, even if advised of the possibility.

13.2. Aggregate cap. Each party's total cumulative liability under or in connection with these Terms in any 12-month period is limited to the greater of (a) the fees you paid us in the 12 months preceding the event giving rise to the claim, or (b) €100.

13.3. Exceptions. The limitations in Sections 13.1 and 13.2 do not apply to:

• Fraud or wilful misconduct;
• Liability that cannot be excluded under applicable mandatory law (including consumer-protection law and data-protection law);
• Either party's indemnification obligations under Section 14;
• Your obligation to pay fees due.

13.4. Allocation. The parties agree that the limitations in this section reflect a reasonable allocation of risk and form an essential basis of the bargain. Without these limitations, the pricing of the Service would be substantially different.

14. Indemnification

14.1. By you. You will defend, indemnify, and hold harmless Loovl OÜ, its Affiliates, employees, and contractors from and against any third-party claim, demand, loss, damage, or cost (including reasonable legal fees) arising from: (a) your use of the Service in breach of these Terms or the Acceptable Use Policy; (b) Customer Data or your tracking of Visitors in violation of applicable law; (c) infringement of any third party's rights by Customer Data or your websites.

14.2. By us. We will defend, indemnify, and hold harmless you from and against any third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes a third party's intellectual property right, and we will pay damages and costs finally awarded by a court or settlement we agree to.

14.3. Procedure. The indemnified party must (a) promptly notify the indemnifying party in writing, (b) give sole control of defence and settlement to the indemnifying party (no settlement that admits liability or imposes obligations on the indemnified party without its consent), and (c) reasonably cooperate.

15. Force majeure

Neither party is liable for failure or delay in performance (other than payment of fees) caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemics, governmental action, internet or third-party infrastructure failures, or labour disputes. The affected party will use reasonable efforts to resume performance as soon as practicable.

16. Notices

16.1. Notices to you will be sent to the email address associated with your Account, and are deemed received when sent (absent bounce).

16.2. Notices to us must be sent to legal@loovl.eu with copy to privacy@loovl.eu, or by registered post to: Loovl OÜ, Ravi tn 19-1, 30326, Kohtla-Järve, Ida-Virumaa, Estonia. Notices are deemed received on actual receipt.

17. Governing law and jurisdiction

17.1. These Terms are governed by the laws of the Republic of Estonia, excluding conflict-of-laws principles and the UN Convention on Contracts for the International Sale of Goods.

17.2. Business customers. The courts of Viru Maakohus, Estonia have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

17.3. Consumer customers. Mandatory consumer-protection rules in your country of habitual residence apply where they grant you greater rights, and you may bring proceedings in the courts of your country of residence as required by such rules.

17.4. Online dispute resolution. EU consumers may also use the European Commission's online dispute-resolution platform: https://ec.europa.eu/consumers/odr.

18. Changes to these Terms

18.1. We may update these Terms from time to time. The "Effective date" at the top will be updated. For material changes, we will notify you at least 30 days in advance by email and through the dashboard.

18.2. If you do not agree with the updated Terms, you can cancel your subscription before the effective date and we will refund pro-rata any prepaid fees for the unused period. Continued use after the effective date constitutes acceptance.

18.3. The current version is always available at https://loovl.eu/legal/terms.

19. General

19.1. Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, on notice to you.

19.2. Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

19.3. No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.

19.4. Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.

19.5. Entire agreement. These Terms, the Privacy Policy, the Data Processing Agreement, and the order or sign-up form by which you subscribed constitute the entire agreement between the parties on the subject matter and supersede all prior or contemporaneous communications.

19.6. Order of precedence. In case of conflict: (1) the Data Processing Agreement on data-protection matters; (2) these Terms; (3) the Privacy Policy on privacy matters not covered by the DPA.

19.7. Headings. Headings are for convenience only and do not affect interpretation.

19.8. Language. These Terms are concluded in English. Translations are provided for convenience; the English version prevails.

20. Contact

For questions about these Terms:

Email: legal@loovl.eu Postal address: Loovl OÜ, Ravi tn 19-1, 30326, Kohtla-Järve, Ida-Virumaa, Estonia