Terms of Service

1. Scope

1.1 These Terms of Service (hereinafter “Terms”) apply to all contracts regarding the use of the SaaS software “HeyMetrix” (hereinafter “Software”), entered into between Franco Consulting GmbH, Maria-Theresia-Straße 17, 89331 Burgau, Germany, registered in the commercial register of the Memmingen District Court under HRB 210213, represented by its managing directors Kilian Franco and Lukas Kraus (hereinafter “Provider” or “we”) and the respective customer (hereinafter “Customer” or “User”).

1.2 Deviating or conflicting terms of the Customer shall not become part of the contract unless the Provider expressly agrees to their applicability in writing.

2. Subject Matter

2.1 The Provider offers the Customer a web-based software (“HeyMetrix”) that allows campaign and performance data from advertising accounts on Google (Google Ads) and Meta (Facebook/Instagram Ads) to be retrieved via their respective APIs and displayed in dashboards and reports.

2.2 The Software provides read-only access to the data made available through the respective APIs. Editing or modifying campaign settings through the Software is not possible.

2.3 The Software also enables the configuration of alerts and notifications to inform the Customer of certain deviations (e.g., unusual cost developments or KPI deviations).

2.4 Additionally, the Software provides performance reporting features that allow the Customer to generate and share campaign performance reports.

3. Registration and Contract Formation

3.1 To use the Software, the Customer must create an account on the Provider's website. Truthful and complete information must be provided, in particular name, email address, company name, and an individual password.

3.2 Upon completion of the registration and acceptance of these Terms, a usage contract is formed between the Provider and the Customer. The Customer receives access to a password-protected user account.

3.3 The Customer is obligated to keep their access credentials confidential and not share them with third parties. In the event of loss or unauthorized use, the Provider must be notified immediately.

4. Services

4.1 The Provider makes the Software available via the Internet (“Software as a Service”). The Software is hosted on servers operated by the Provider or a commissioned service provider (currently Hetzner, location: Nuremberg, Germany).

4.2 The scope of the Software's features is defined by the respective service description on the website or in the customer portal.

4.3 SLA/Availability: We strive to maintain a high platform availability of at least 99.5% on an annual average. Brief interruptions for maintenance or updates are possible and will be announced in advance where feasible.

4.4 The use of Google and Meta APIs requires the Customer to hold the appropriate access rights for their advertising accounts and to authorize the connection within the Software.

5. Trial Period

5.1 The Customer may use the Software free of charge for a trial period of 14 days. The Provider may extend this trial period in individual cases.

5.2 After the trial period expires, usage automatically converts to a paid subscription unless the Customer cancels beforehand or decides not to continue.

6. Pricing and Payment

6.1 After the trial period, monthly fees apply, the amount of which is determined by the current price list or the price stated during the ordering process.

6.2 Billing is conducted monthly in advance. Billwerk is used as the payment service provider. Available payment methods include SEPA direct debit, credit card, and PayPal.

6.3 All prices are quoted net, plus the applicable statutory value-added tax, unless expressly stated otherwise.

6.4 In the event of payment default, we reserve the right to suspend access to the Software until all outstanding amounts have been settled.

7. Term and Cancellation

7.1 The contract runs for an indefinite period and may be cancelled monthly, effective at the end of the respective billing period.

7.2 Cancellation may be submitted by email to the Provider or through the corresponding function in the customer account.

7.3 Upon the cancellation taking effect, the Customer's access will be deactivated and the Provider will delete the Customer's stored data in accordance with the provisions of the Privacy Policy, unless statutory retention obligations apply.

7.4 The right to extraordinary termination for good cause remains unaffected.

8. Liability

8.1 The Provider shall be liable for damages without limitation only in cases of intent and gross negligence, as well as for damages resulting from injury to life, body, or health.

8.2 In cases of slightly negligent breach of material contractual obligations (cardinal obligations), the Provider shall only be liable up to the amount of the foreseeable damage typical at the time the contract was concluded. Cardinal obligations are those obligations whose fulfilment is essential to the proper performance of the contract and on whose compliance the Customer may regularly rely.

8.3 Any further liability is excluded. In particular, liability for lost profits, indirect damages, and consequential damages is excluded.

9. Data Processing and Privacy

9.1 To the extent that the Customer processes personal data through the Software (e.g., advertising account names, user data), a data processing agreement pursuant to Art. 28 GDPR may be required between the Provider and the Customer. The Provider will make a separate data processing agreement (DPA) available upon request.

9.2 The Provider undertakes to comply with all applicable data protection regulations, in particular the GDPR.

9.3 Further information on the handling of personal data can be found in our Privacy Policy.

10. Confidentiality

Both parties undertake to keep confidential all confidential information obtained in the course of the contractual relationship and not to disclose it to third parties, unless such disclosure is required for the performance of the contract or mandated by law.

11. Changes to Terms

11.1 We reserve the right to amend these Terms if this is necessary for legal reasons, due to new technical developments, or to improve our services.

11.2 Changes will be communicated to the Customer by email at least four weeks before they take effect. If the Customer does not object within this period, the changes shall be deemed accepted. We will draw attention to this legal consequence in the amendment notice.

12. Jurisdiction and Applicable Law

12.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2 The agreed place of jurisdiction — to the extent permitted by law — shall be the registered office of the Provider (Burgau, or the competent court in Memmingen).

13. Final Provisions

13.1 Amendments and additions to these Terms must be made in writing. This also applies to any amendment or waiver of this clause.

13.2 Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.