Terms of Service

These terms and conditions govern your use of the OKRs app. By using the app, you agree to be bound by these terms. This service is provided under German law.

Last Modified: December 20, 2024

1. Service Provider Status

This service is provided by a business entity ("Provider") operating under German law. You explicitly acknowledge and agree that:

  • All obligations, warranties, and liabilities are strictly limited to the Provider's business assets.
  • Liability is limited to the extent permitted by applicable law.
  • Service provision is limited by operational capacity and resources.

2. Service Overview

OKRs is a professional software service developed and operated in Germany. We are committed to providing a reliable service while being transparent about our operational structure:

  • Professional development and maintenance of the service.
  • Continuous improvement and feature development based on available resources.
  • Transparent communication about service changes and updates as they occur.
  • Professional data handling and security practices subject to resource constraints.

3. Account Registration

In order to use the App, you must create an account. You agree to provide accurate and complete information during the registration process. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

The Provider is not liable for damages resulting from any unauthorized access to your account, irrespective of cause.

4. User Conduct

When using the App, you agree to abide by the following rules of conduct:

  • Legal Compliance

    You will not use the App for any unlawful purpose or in any way that violates any applicable laws or regulations. The Provider is not responsible for any user conduct that violates legal regulations.

  • Content Guidelines

    You will not upload, post, or transmit any content that is harmful, offensive, defamatory, or infringing upon the rights of others. The Provider reserves the right to remove any content deemed inappropriate without prior notice.

  • System Integrity

    You will not interfere with or disrupt the App or its servers or networks. The Provider has the right to terminate access for any disruptive behavior.

5. Intellectual Property and Data Rights

The App and all of its content, including but not limited to text, graphics, logos, images, and software, are the property of the Provider or its licensors and are protected by intellectual property laws. All rights not explicitly granted are reserved.

Data License

By using our service, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to:

  • Use, copy, store, modify, and analyze your data for any current or future purpose related to the service.
  • Create derivative works from your data, including data sets and machine learning models.
  • Incorporate your data into other works, including publications and other services.
  • Use your data to improve our services and develop new features, products, and insights.
  • Train machine learning models using your data, in aggregated or anonymized form.
  • Share anonymized insights derived from your data, including with third parties.

Aggregated Data

The Provider owns all right, title, and interest in and to all:

  • Aggregated and statistical data derived from the use of our services.
  • Machine learning models trained using service data, including any derived insights.
  • Analytics, insights, and intelligence derived from your data or other service users data.
  • Improvements to our services based on your data, and any derived knowledge or intellectual property.

Your data may be used for any other purpose deemed beneficial for service operations and business development.

6. Privacy

Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal information. The Privacy Policy is an integral part of these Terms of Service.

The Privacy Policy and these Terms of Service may be updated at any time without prior notice.

7. Liability and Warranties

Service Commitment

While we strive to provide a reliable and professional service, you acknowledge and agree that:

  • The service is provided on an "as is" and "as available" basis.
  • No specific service levels, up-times, or error-free operation are guaranteed.
  • Your use of the service is at your own discretion and risk.
  • The Provider is not liable for any data loss, service interruption, or other damages that may occur.
  • We recommend regular data backups using the export features provided, although we do not warrant the reliability of this feature.

Limitation of Liability

To the maximum extent permitted by German law:

  • The Provider's liability is limited to cases of gross negligence or willful misconduct.
  • The total liability of the Provider is capped at the amount paid for the service in the past 12 months.
  • The Provider is not liable for any indirect, consequential, or incidental damages, including loss of profit, revenue, or data.
  • Any claims must be filed within one year of the incident giving rise to the claim.
  • Liability is strictly limited to the Provider's business assets and explicitly excludes personal assets.

Users explicitly acknowledge the Provider's status as a freelance developer, subject to limited resources and capacities.

8. Contact Us

If you have any questions about these Terms, please contact us at:

Contact responses are provided within the capacity and availability of the independent freelance developer. Response times may vary based on workload.

9. Subscription and Payment

Trial Period

Your 14-day trial begins when you create your account. No credit card is required during the trial period. The Provider reserves the right to modify trial terms with reasonable notice.

Subscription Terms

  • Subscriptions are billed monthly or annually, with payment due within standard commercial timeframes.
  • Subscriptions renew automatically unless cancelled at least 5 days before the renewal date.
  • Price changes will be announced with 30 days notice; continued use after notice period constitutes acceptance.
  • Payment disputes must be raised within 30 days with written justification.
  • The Provider may modify service tiers and features with reasonable notice.
  • Currency conversion and transaction fees are the user's responsibility.

Payment Processing

  • Payments are processed through established payment providers.
  • Failed payments may result in service suspension after notice and grace period.
  • Administrative fees may apply for payment-related incidents.
  • Tax obligations are the user's responsibility unless explicitly stated otherwise.

10. Service Terms

Data Usage and AI

By using our service, you irrevocably acknowledge, agree, and warrant that:

  • We may use your data to train AI models and improve our services, at any time and for any purpose, without restriction or limitation.
  • Your data may be combined with other users' data for any analysis and training purposes, with or without anonymization.
  • We may create, use, and monetize derivative works from aggregated data, including but not limited to research reports, products, services, and commercial offerings.
  • We retain perpetual, irrevocable, and unlimited rights to insights derived from your data, regardless of your use of the service or account status.
  • AI features may process your data in any way we deem appropriate, as technology evolves and for any purpose we determine.
  • You grant us unlimited rights to use any feedback, suggestions, or insights derived from your service usage.

Data Ownership

  • You retain ownership of your original content, but grant us an unlimited, perpetual, and irrevocable license as stipulated above.
  • We exclusively own all derivative works, models, algorithms, and improvements created by or derived from the service, including those derived from your data.
  • We maintain unlimited and perpetual rights to anonymized data, analytics, and derivative insights generated by the service.
  • Data export features are provided at our discretion and may exclude any derived insights, models, and analytics generated by the service.
  • We retain all intellectual property rights in any improvements or developments, regardless of the source or inspiration.

Future Services

You irrevocably agree that we may:

  • Develop new services using insights from your data, at our sole and absolute discretion.
  • Share anonymized or non-anonymized insights with any third parties for any commercial purposes.
  • Use your data to enhance AI capabilities and develop new features, products, or services without restriction.
  • Create and commercially exploit any products derived from aggregated data, and benefit from their use and sale.
  • Transfer or license any derived works or insights to any third party without notice or compensation.

All rights are reserved, and you explicitly acknowledge our unrestricted intellectual property ownership in any service improvements and derivatives.

11. Account Termination

We may terminate or suspend your account with immediate effect if:

  • You materially violate these terms or our Privacy Policy, at the Provider's reasonable discretion.
  • Payment is overdue by more than 5 business days after written reminder.
  • At our reasonable discretion, with 30 days notice for ordinary termination or immediate effect for good cause.
  • The Provider determines that continued service provision is not technically or commercially feasible.
  • Resource constraints or technical limitations significantly affect service delivery.

Upon termination:

  • Your data will be available for export for 30 days where technically feasible, subject to resource availability and applicable laws.
  • Refunds may be provided for prepaid periods exceeding one month, at our discretion and minus administrative costs.
  • All licenses and rights granted to you terminate automatically, while our rights to derived works persist.
  • The Provider retains rights to anonymized insights and aggregated data.
  • You must cease all use of the service and delete any local copies.

The Provider's liability for termination is limited as specified in Section 15, except where mandated otherwise by applicable law.

12. Legal Framework

Governing Law

These terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Dispute Resolution

In the spirit of professional collaboration:

  • All disputes will first be addressed through friendly consultation, with reasonable efforts to find mutual solutions.
  • If unresolved, mandatory mediation in Berlin, Germany must be attended by both parties.
  • Legal proceedings are only permitted as a last resort, after failed mandatory mediation.
  • The forum for any legal proceedings shall be the courts of Berlin, Germany.
  • Each party bears their own legal costs regardless of outcome.

Service Continuity

To ensure transparency and professional service management:

  • Service changes will be announced with reasonable notice, within the limitations of available resources and operational capacity.
  • Data export capabilities will be maintained using standard data formats, but no specific format is guaranteed.
  • Clear communication about service updates will be provided within available operational capacity.
  • Professional handling of any service transitions, with best-effort service continuity.

The Provider is not liable for damages due to any interruption of service.

13. Service Level Expectations

We maintain high professional standards while being transparent about our service delivery model:

Support and Maintenance

  • Support is provided during European business hours, subject to the Provider's availability and workload.
  • Updates and maintenance are scheduled with advance notice, but these may also occur without prior notice as needed.
  • Critical issues will be addressed on a priority basis, within the Provider's capacity.
  • Regular backup and security monitoring will be performed, but no guarantees regarding effectiveness are provided.

Business Continuity

  • Advance notice of significant service changes will be provided whenever feasible, within the limitations of resource availability.
  • A minimum of 30-days' notification will be given for service transitions, where practically possible.
  • Data portability through standard export formats will be maintained, to the maximum extent technically feasible.
  • Professional handling of service evolution, with best-effort service continuity and transparency.
  • Users explicitly acknowledge the Provider's limited resources as a sole freelancer.

14. Beta Features

Beta features are provided "as is" and may be modified or discontinued without notice. Your feedback helps improve these features, but no specific uptime or error-free operation is guaranteed for beta features. The use of beta features is at the user's sole risk.

Feedback and Suggestions

By providing feedback, you grant us a perpetual, irrevocable, royalty-free license to use, copy, modify, and incorporate your suggestions, feedback, and ideas for any purpose. You waive any claim of ownership or compensation for any feedback you provide.

The Provider has no obligation to use or respond to any feedback provided.

15. Legal Structure and Liability

Service Provider Status

This service is provided by a business entity ("Provider") operating under German law. You irrevocably acknowledge, agree, and warrant that:

  • All obligations, warranties, and liabilities are exclusively and strictly limited to the Provider's business assets, except in cases of gross negligence or intentional misconduct (grobe Fahrlässigkeit oder Vorsatz).
  • Any claims or liabilities are strictly limited to the amount paid for the service in the preceding 12 months, except for damages caused by gross negligence or intentional misconduct.
  • The Provider's liability for indirect damages, consequential damages, or loss of profits is excluded to the maximum extent permitted by law.
  • The Provider bears no responsibility for service interruptions, data loss, or other service-related issues, except where caused by gross negligence or intentional misconduct.

Dispute Resolution and Class Action Waiver

By using this service, you irrevocably and unconditionally agree that:

  • All disputes shall be resolved on an individual basis only, and you waive any right to participate in class actions or collective proceedings where permitted by law.
  • You explicitly waive any right to participate in class actions or collective proceedings against the Provider, subject to mandatory legal provisions.
  • Mandatory mediation in Berlin, Germany, must precede any legal action, with mediation costs shared equally between parties unless otherwise agreed.
  • Claims must be brought within the statutory limitation period, but no later than 24 months after the incident giving rise to the claim.
  • Each party bears their own legal costs according to statutory provisions.
  • Any dispute resolution must respect applicable consumer protection laws.

16. Provider Rights

Service Transfer and Assignment

The Provider reserves the absolute and unilateral right to:

  • Transfer or assign the service to any third party without any prior notice or user consent, at any time.
  • Subcontract or delegate any obligations to any third party, without restriction or user consent.
  • Modify, suspend, or terminate the service at the Provider's sole discretion, without the need for cause.
  • Sell, transfer, or license any service assets or intellectual property to any party, at any time, without user approval.

Term Modifications

The Provider may modify these terms:

  • At any time, unilaterally, by posting updated terms on the service website or app.
  • Without requirement for explicit user consent, continued use implies acceptance of modifications.
  • With immediate effect upon posting, without any notice or waiting period.
  • Continued use of the service constitutes full and unconditional acceptance of all modifications to these Terms.

17. Data Processing Terms

Data Processing Rights

By using this service, you grant the Provider:

  • Perpetual, irrevocable, worldwide rights to process your data, for any purpose whatsoever.
  • Authority to engage any subprocessors without notice or user consent, including in jurisdictions outside the EU.
  • The right to modify or delete data at the Provider's discretion, with no liability for any associated impact.
  • Unlimited rights to create derivative works, including algorithms and improvements, derived from user data.
  • The right to transfer data globally to any jurisdiction deemed appropriate for the service’s operation.

GDPR Liability Limitation

Regarding data protection and GDPR, users explicitly acknowledge that:

  • The Provider's liability is strictly limited to statutory minimums under German law, and to the extent allowed by applicable law.
  • Users agree to indemnify the Provider against all third-party data claims, irrespective of cause or negligence.
  • The Provider accepts no liability for data breaches beyond the Provider's direct control.
  • Data processing may occur in any jurisdiction the Provider chooses, without user consent, including outside the EU.

18. Service Limitations

Force Majeure

The Provider is exempt from all performance obligations in case of:

  • Personal illness or incapacity of the Provider, and any other circumstance preventing the Provider's ability to offer service.
  • Technical issues beyond the Provider's direct control, including hardware or software failure.
  • Third-party service provider failures, including downtime or performance issues.
  • Any circumstances making service provision impossible, impractical, or unreasonably burdensome.
  • Circumstances, disruptions, or events that may impact the service quality or availability.

Service Level Disclaimer

Users explicitly acknowledge and agree that:

  • No specific service levels or uptimes are guaranteed, and service interruptions may occur at any time.
  • Support is provided at the Provider's sole discretion, and may not always be available.
  • Maintenance may occur at any time without notice, as needed for service operations or other purposes.
  • Service capacity is limited by the Provider's resources, and limitations may occur at any time.
  • No guarantees of any kind are provided regarding data retention, access, or security.

By using this service, you accept all risks, service limitations, and disclaimers.