Terms and conditions

For the analytics service Pulselytics · Last updated: November 2026

This is a translation for convenience. Only the German version is legally binding.

1. Scope

  1. These terms and conditions apply to all contracts for the use of Pulselytics between CAN DO IT, Andre Oestreich, Hannoversche Straße 6, 27243 Harpstedt, Germany ("we") and our customers ("customer").
  2. Pulselytics is offered exclusively to businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. By signing up, the customer confirms that they use Pulselytics for their commercial or independent professional activity. We do not enter into contracts with consumers.
  3. Conflicting terms of the customer do not apply, even if we do not expressly object to them. They only apply if we agree to them in writing.

2. Services

  1. Pulselytics is a web analytics service provided as software as a service over the internet. The customer adds a script to their websites. We record the visits, analyse them and show the results in the dashboard.
  2. The features, the number of pageviews and websites and the data retention period follow from the chosen plan as described on pulselytics.de when the contract is concluded.
  3. We develop Pulselytics continuously and may change, replace or discontinue features where this is reasonable for the customer and the essential services of their plan remain in place.
  4. From the Pro plan, the data can be queried read-only through an API and an MCP server, for example with Claude, ChatGPT or Cursor. These services require the customer's own account with the respective provider, subject to that provider's terms and prices.
  5. We strive for uninterrupted operation. We do not owe any specific availability. We carry out maintenance at low-traffic times where possible and announce longer maintenance in advance. Measurement data may be lost during an interruption.

3. Trial period

  1. New customers can test Pulselytics for 30 days free of charge, with all features of the Pro plan. No payment details are required.
  2. The trial ends automatically. It does not turn into a paid contract without the customer's action.
  3. If the customer does not choose a plan by the end of the trial, measurement is paused. Clause 9.4 then applies accordingly to the account and the data recorded so far.

4. Conclusion of contract

  1. The plans shown on our website are not a binding offer. Signing up concludes a contract for the free trial. By choosing a plan in the dashboard, the customer makes an offer for a paid contract, which we accept by activating the plan or confirming it by email.
  2. For the Agency plan, the contract is concluded when we confirm the customer's request in writing or by email or activate the plan.
  3. The contract language is German.

5. Prices and payment

  1. The prices stated on our website when the contract is concluded apply. All prices are net plus statutory VAT.
  2. Fees are payable in advance for each billing period (month or year) using the payment method offered in the dashboard. We provide invoices electronically.
  3. For yearly plans, the customer pays ten monthly prices for twelve months.
  4. If the customer exceeds the pageview quota of their plan, we block neither measurement nor the dashboard. If they exceed it for two months in a row, we get in touch and suggest a suitable plan. A change only happens with the customer's consent. If the customer declines and keeps exceeding the quota significantly, we may terminate the contract with one month's notice to the end of a billing period.
  5. If the customer is more than 14 days late with a payment, we may block access to the dashboard after prior notice until the outstanding amounts are paid. Other rights remain unaffected.
  6. We announce price changes for existing contracts by email at least six weeks in advance. They apply from the next billing period. If the customer does not agree, they can terminate the contract before the change takes effect. We point this out in the announcement.

6. Changing plans

  1. The customer can upgrade to a higher plan at any time. The change applies immediately. We charge the difference pro rata for the current billing period.
  2. A downgrade applies from the next billing period. Features not included in the new plan are no longer available afterwards. We may delete data that goes beyond the retention period of the new plan.

7. Customer obligations

  1. The customer only uses Pulselytics on websites they operate themselves or for which they are commissioned by the operator.
  2. The customer is the controller under data protection law for the measurement on their websites. We process the measurement data on their behalf under the data processing agreement, which forms part of this contract. The customer informs the visitors of their websites about the use of Pulselytics in their privacy policy.
  3. The customer keeps their login details secret and protects their account against unauthorised access. They are responsible for all actions taken through their account or by the users they invite. If they notice misuse, they inform us without delay.
  4. The customer must not misuse Pulselytics. In particular, they must not generate artificial visits or events, use the measurement to identify individual visitors, or write personal data such as names or email addresses into events, page addresses or campaign parameters. They must not overload Pulselytics, circumvent its security measures or resell the service without our consent.
  5. If the customer seriously breaches these obligations, we may temporarily block individual websites or the account. We take the customer's legitimate interests into account and inform them in advance where possible.

8. Agencies

  1. On the Agency plan, the customer can use Pulselytics for their own clients, create client workspaces for them, give them access and provide the dashboard under their own brand and domain (white label).
  2. The agency alone remains our contractual partner. No contract arises between us and the agency's clients. The agency ensures that it is commissioned by the operator for every website it measures and concludes the necessary data protection agreements with its clients.
  3. The agency is responsible for the access it gives its clients and for how they use it. For a custom domain, the agency sets up the required DNS records itself.

9. Term and termination

  1. Monthly plans run for one month at a time and renew automatically for another month. The customer can cancel them at any time to the end of the current month.
  2. Yearly plans run for twelve months at a time and renew automatically for another twelve months. The customer can cancel them at any time to the end of the current contract year. We do not refund periods already paid for in the event of an ordinary termination.
  3. The customer cancels in the dashboard, where offered, or by email to info@can-do.it. We may terminate with one month's notice to the end of a billing period. The right of both parties to terminate for good cause remains unaffected.
  4. After the contract ends, measurement is paused. We keep the account and data for another 30 days. During this time, the customer can request an export of their data or choose a plan and continue using Pulselytics with all data. After that, we permanently delete the account and all data, unless we have to keep them for legal reasons, such as invoices.

10. Rights to software and data

  1. For the term of the contract, we grant the customer the non-exclusive, non-transferable right to use Pulselytics within the scope of their plan. The customer may add the script to their websites for this purpose.
  2. The measurement data of their websites belongs to the customer. We use it only to provide our services and do not pass it on to third parties unless the data processing agreement provides otherwise.
  3. We may use anonymous, aggregated figures that do not allow conclusions about individual customers or websites to operate and improve Pulselytics.

11. Liability

  1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and where we have given a guarantee.
  2. In the case of slight negligence, we are only liable if we breach an essential contractual obligation. These are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely. In this case, liability is limited to the damage that was foreseeable and typical for the contract when it was concluded, and at most to the fees the customer paid in the twelve months before the event causing the damage.
  3. Strict liability for defects that already existed when the contract was concluded (§ 536a (1) BGB) is excluded.
  4. For the loss of measurement data, we are only liable to the extent that the damage would also have occurred with regular backups by us.
  5. For the free trial, we are only liable for intent and gross negligence and in the cases of clause 11.1.
  6. The above limitations also apply to our legal representatives, employees and vicarious agents.

12. Changes to these terms

  1. We may change these terms with effect for the future if this is necessary because of new features, changes in law or case law or for comparable reasons and does not unreasonably disadvantage the customer.
  2. We announce changes by email at least six weeks before they take effect. If the customer does not object before they take effect, they are deemed accepted. If the customer objects, either party may terminate the contract as of the date the change takes effect. We point out the deadline and the consequences of not objecting in the announcement.
  3. Changes to the main services or prices are not governed by this clause; clause 5.6 applies to prices.

13. Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office. We may also sue the customer at their registered office.
  3. Declarations under this contract can be made by email.
  4. Should any provision of these terms be invalid, the remaining provisions remain valid. The statutory provision takes the place of the invalid provision.
  5. These terms are also available in English. The German version prevails.