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TotalKPI

Terms of Service

The terms and conditions governing your use of TotalKPI.

Effective Date: March 1, 2026

These Terms of Service ("Terms") are a legally binding agreement between you ("User", "you", "your") and Valoks ("Company", "we", "us", "our"), governing your access to and use of the TotalKPI platform at totalkpi.com ("Service"). By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

1. Eligibility

  • You must be at least 16 years of age to use the Service.
  • By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
  • If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

TotalKPI is a web-based platform that allows users to:

  • Combine, visualize, and correlate metrics from multiple data sources.
  • Import data manually via CSV uploads.
  • Connect to third-party APIs for automated data polling.
  • Create projects, pages, and combined views to organize and analyze time-series data.

We may update, modify, or add features to the Service at our discretion.

3. Account Registration and Security

  • You must authenticate via a supported OAuth provider (currently Google or GitHub).
  • You are responsible for maintaining the confidentiality and security of your account.
  • You must not share your account credentials or allow others to access your account.
  • You are responsible for all activity that occurs under your account, whether authorized by you or not.
  • You must notify us immediately at [email protected] if you suspect unauthorized access to your account.

4. Acceptable Use

You agree not to:

  • Use the Service for any purpose that is unlawful or prohibited by these Terms.
  • Attempt to gain unauthorized access to the Service, other users' accounts, or any systems or networks connected to the Service.
  • Interfere with or disrupt the integrity, performance, or availability of the Service.
  • Upload or transmit any malicious code, viruses, or harmful data through the Service.
  • Use the Service to store, process, or transmit data in violation of any applicable law or regulation, including data protection laws.
  • Use the Service to collect, store, or process special categories of personal data (as defined under GDPR Article 9) or sensitive personal data such as health records, biometric data, or financial account numbers without implementing appropriate legal safeguards.
  • Use automated scripts, bots, or scrapers to access the Service except through our documented API integrations.
  • Resell, sublicense, or redistribute the Service or access to it without our prior written consent.
  • Circumvent any rate limits, security measures, or access controls implemented by the Service.

We reserve the right to investigate and take appropriate action against any suspected violations, including suspending or terminating your account.

5. Your Data and Content

  • Ownership: You retain all ownership rights in the data, content, and configurations you upload or input into the Service ("Your Data"). We do not claim any ownership rights over Your Data.
  • License to Us: You grant us a limited, non-exclusive, worldwide license to process, store, transmit, and display Your Data solely as necessary to provide, maintain, and improve the Service for you. This license terminates when you delete Your Data or your account.
  • API Data: When you configure third-party API integrations, you are solely responsible for ensuring that you have the legal right to access, retrieve, and store the data obtained from those APIs. We act as a technical intermediary and do not verify your authorization to access third-party data.
  • Backups: While we take reasonable measures to protect Your Data, you are responsible for maintaining your own backups. We are not liable for any loss or corruption of Your Data.

6. Subscriptions and Payments

  • Certain features of the Service require a paid subscription.
  • Subscription fees are billed in advance on a recurring basis (monthly or annually), as selected at the time of purchase.
  • All fees are exclusive of applicable taxes unless stated otherwise.
  • Payments are processed by Stripe. By subscribing, you also agree to Stripe's Terms of Service.
  • You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.
  • We reserve the right to change subscription pricing with at least 30 days' prior notice. Price changes take effect at the start of the next billing period following the notice.

7. Free Tier and Trials

  • We may offer a free tier or trial period at our discretion.
  • Free tier features and limits may change at any time without prior notice.
  • We reserve the right to discontinue or modify free tiers at any time.

8. Service Availability and Modifications

  • We aim to provide reliable access to the Service but do not guarantee uninterrupted, error-free, or secure access at all times.
  • We may perform scheduled or emergency maintenance that temporarily affects availability.
  • We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. For material changes that affect paid subscribers, we will provide reasonable advance notice.

9. Intellectual Property

  • The Service, including its source code, design, features, documentation, trademarks, and branding, is owned by Valoks and protected by applicable intellectual property laws.
  • These Terms do not grant you any rights to use our trademarks, logos, or branding.
  • Feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.

10. Disclaimer of Warranties

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.
  • We expressly disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
  • We do not warrant that the Service will meet your requirements, be available without interruption, or be free of errors or defects.
  • We do not warrant the accuracy, reliability, or completeness of any data, charts, correlations, or analyses generated by the Service. You should not rely solely on the Service for business-critical decisions.
  • We make no representations regarding the accuracy or reliability of data fetched from third-party APIs through the Service.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited under applicable law (including, for EU consumers, mandatory consumer protection rights).

11. Limitation of Liability

To the maximum extent permitted by applicable law:

  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of or inability to use the Service.
  • Our total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total amount you paid to us in the 12 months preceding the event giving rise to the claim, or (b) EUR 50.
  • These limitations apply regardless of the legal theory of the claim (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Valoks, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use of the Service.
  • Your violation of these Terms.
  • Your violation of any third-party rights, including intellectual property rights.
  • Data you upload, import, or retrieve through the Service.

13. Third-Party Services

  • The Service allows integration with third-party APIs and services. These integrations are provided for your convenience and do not imply endorsement.
  • We are not responsible for the availability, accuracy, or content of third-party services.
  • Your use of third-party services is governed by their respective terms and policies.

14. Termination

  • By You: You may delete your account at any time through the Service.
  • By Us: We may suspend or terminate your account at our discretion if you breach these Terms, engage in abusive behavior, or if required by law. We will make reasonable efforts to notify you, except where prohibited by law or where immediate action is necessary.
  • Effect of Termination: Upon termination, your right to access the Service ceases immediately. You may request an export of Your Data within 30 days of termination by contacting [email protected]. After this period, we will delete Your Data in accordance with our Privacy Policy.
  • Survival: Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law survive termination of these Terms.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes:

  • We will update the "Effective Date" at the top of this page.
  • We will notify you by email or through the Service at least 14 days before changes take effect.
  • Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
  • If you do not agree to the updated Terms, you must stop using the Service and may delete your account.

16. Governing Law and Dispute Resolution

  • These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law provisions.
  • Any disputes arising from these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts of the Netherlands.
  • EU Consumers: If you are a consumer in the European Union, you retain the benefit of any mandatory provisions of the law of your country of residence. You may also bring proceedings in the courts of your country of residence. The European Commission provides an Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, together with the Privacy Policy and any subscription-specific terms, constitute the entire agreement between you and Valoks regarding the Service and supersede all prior agreements and understandings.

19. Contact

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

Valoks
Email: [email protected]