# Terms of Service

Terms and conditions for using Kopai services

# Terms of Service

_Last updated: December 12, 2025_

## 1. Agreement to Terms

By accessing or using Kopai services, you agree to be bound by these Terms of Service.

**Service Provider**:
NIBBLE društvo s ograničenom odgovornošću za usluge
Prilesje 18, 10000 Zagreb, Croatia
OIB: 96011589399

## 2. Service Description

Kopai is an observability platform that provides the following services:

### Data Ingestion
- **OpenTelemetry-compatible protocols**: OTLP over gRPC and HTTP
- **Trace collection**: Distributed tracing across your microservices
- **Log collection**: Application and system logs
- **Metrics collection**: Performance metrics and measurements

### Data Storage and Processing
- **ClickHouse database**: High-performance columnar storage for telemetry data
- **Secure tenant isolation**: Your data is isolated from other customers
- **Configurable retention**: Data retention periods based on your pricing tier

### Visualization and Analysis
- **Web-based dashboard**: View and analyze your observability data
- **Real-time data access**: Query your telemetry data as it arrives
- **Search and filtering**: Find specific traces, logs, and metrics
- **Advanced querying**: Powerful query capabilities for telemetry analysis

### Access Control
- **API token management**: Generate backend and frontend access tokens
- **CORS configuration**: Control which frontend applications can access your data
- **Token types**: Separate tokens for server-side and browser-based access
- **Secure authentication**: Integration with Supabase for user authentication

### Service Availability
The service is currently in **beta** and provided free of charge. We make continuous improvements and may experience occasional downtime for maintenance.

## 3. Account Terms

### Eligibility
To use Kopai, you must:
- Be at least 18 years old, OR
- Represent a business entity with authority to bind that entity to these terms
- Provide accurate and complete registration information
- Comply with all applicable laws and regulations

### Account Registration
- **Authentication**: Accounts are created through Supabase authentication
- **Email requirement**: You must provide a valid email address
- **One account per email**: Each email address may be associated with only one account
- **Account information**: You are responsible for maintaining accurate account details

### Account Security
You are responsible for:
- **Password security**: Maintaining the confidentiality of your password
- **Unauthorized access**: All activity that occurs under your account
- **Immediate notification**: Informing us immediately of any unauthorized access at hello@kopai.app
- **Account sharing**: Not sharing your account credentials with others

We are not liable for any loss or damage arising from your failure to maintain account security.

### Account Termination

**By You**:
- You may delete your account at any time through the dashboard
- Upon deletion, your data will be retained for 30 days, then permanently deleted
- You can request immediate data deletion by contacting us

**By Us**:
- We may suspend or terminate accounts that violate these Terms of Service
- We will provide 7 days' notice before termination except in cases of:
  - Illegal activity
  - Security threats
  - Abuse of the service
- You will receive an email notification to your registered email address

## 4. Acceptable Use Policy

You agree not to use Kopai to:

### Illegal Activity
- Violate any local, national, or international laws or regulations
- Infringe intellectual property rights of others
- Distribute malware, viruses, or other harmful code
- Engage in fraudulent or deceptive practices

### Service Abuse
- **Excessive API usage**: Generate unreasonable API request volumes that degrade service performance for others
- **Resource exhaustion**: Attempt to overwhelm or disable our infrastructure
- **Unauthorized access**: Access accounts, data, or systems you are not authorized to access
- **Security testing**: Perform penetration testing or security scanning without prior written permission

### Prohibited Business Practices
- **Reselling or redistribution**: Resell, redistribute, or provide access to Kopai services without our written authorization
- **Competitive use**: Use the service to build a competing observability platform
- **Reverse engineering**: Attempt to reverse engineer, decompile, or discover source code of our platform

### Harmful Content
- Send telemetry data containing:
  - Malicious code or exploits
  - Personally identifiable information (PII) of individuals without proper consent
  - Illegal content or content that violates others' rights
- Use the service to monitor applications without proper authorization

### Account Misuse
- Create multiple accounts to circumvent rate limits or restrictions
- Impersonate other users or organizations
- Share or sell account credentials

### Enforcement
Violation of this policy may result in:
- Warning and request to cease the activity
- Temporary suspension of service access
- Permanent account termination
- Legal action if necessary

If you suspect a violation of this policy, report it to hello@kopai.app.

## 5. Pricing and Payment

**Current Status**: Kopai is currently in beta and provided **free of charge**.

Pricing terms will be published before we begin commercial operation. When pricing is introduced, this section will include:
- Pricing tiers and plans
- Billing cycles and payment methods
- Refund policies
- Tax information

_[TO BE COMPLETED IN PHASE 3 - before charging customers]_

We will notify all users via email at least 30 days before introducing any charges.

## 6. Data Ownership

### Your Data

**You retain full ownership** of all telemetry data (traces, logs, metrics) you send to Kopai.

We process your data solely to provide the observability service. Specifically:
- **No resale**: We will never sell or license your telemetry data to third parties
- **No cross-customer sharing**: Your data is isolated and never shared with other Kopai customers
- **Limited processing**: We process your data only as necessary to provide the service (storage, visualization, analysis)
- **Your control**: You can export or delete your data at any time

### License You Grant Us

By using Kopai, you grant us a **limited, non-exclusive license** to:
- Store your telemetry data on our infrastructure
- Process and analyze your data to provide dashboard visualizations
- Display your data to users you authorize (via your access tokens and CORS settings)
- Perform technical operations (backups, maintenance, optimization)

This license terminates when you delete your account or specific data.

### Our Service and Platform

Kopai retains all intellectual property rights to:
- Platform software and source code
- Infrastructure and architecture
- Documentation and user interfaces
- Trademarks and branding ("Kopai" trademark)
- Improvements and modifications to the platform

### Open Source Components

Kopai uses the following open source components:
- **ClickHouse**: Apache License 2.0
- **OpenTelemetry SDKs**: Apache License 2.0
- **Traefik**: MIT License

These components retain their respective licenses and attributions.

### Aggregated and Anonymized Data

We may create aggregated, anonymized statistics from telemetry data (e.g., "average trace duration across all tenants"). Such anonymized data:
- Cannot identify you or your organization
- May be used for product improvements and marketing
- Is not subject to data ownership restrictions

## 7. Service Level Agreement

### Current SLA: Best Effort

Kopai is currently provided on a **best-effort basis** with no guaranteed uptime commitments.

**What this means:**
- **No uptime guarantees**: We do not commit to specific availability percentages (e.g., 99% uptime)
- **No response time guarantees**: Support is provided on a best-effort basis via email
- **Planned maintenance**: We may perform maintenance with or without advance notice
- **Beta service**: As a beta service, you should expect occasional disruptions and improvements

### Service Monitoring

We actively monitor service health and will:
- Work to restore service quickly in case of outages
- Provide status updates via email for significant incidents
- Notify users of planned maintenance when possible

### Support Channels

**Email support**: hello@kopai.app
- Best-effort response times
- No guaranteed resolution times
- Community support forum (coming soon)

### Future SLA Tiers

When Kopai transitions from beta to commercial operation, we may introduce:
- Paid tiers with uptime commitments (e.g., 99.9% SLA)
- Guaranteed support response times
- Service credits for SLA violations
- Priority support channels

We will notify users at least 30 days before implementing any SLA changes.

## 8. Intellectual Property

### Kopai Platform Rights

All intellectual property rights in the Kopai platform belong to **NIBBLE d.o.o.** This includes:
- Software, source code, and algorithms
- User interfaces and design elements
- Documentation, guides, and tutorials
- Trademarks, logos, and branding
- Database structures and schemas
- API designs and specifications

### Your Data Rights

**You retain full ownership** of all telemetry data you send to Kopai. See Section 6 (Data Ownership) for details.

### Open Source Components

Kopai incorporates the following open source software:

| Component | License | Usage |
|-----------|---------|-------|
| ClickHouse | Apache 2.0 | Database engine |
| OpenTelemetry SDKs | Apache 2.0 | Data collection instrumentation |
| Traefik | MIT | Reverse proxy and load balancer |

Full license texts and attributions are available in our platform documentation.

### Trademark Policy

"Kopai" is a trademark of NIBBLE d.o.o. You may not use our trademarks without prior written permission, except:
- Factually referring to the Kopai service (e.g., "We use Kopai for observability")
- Fair use in comparative advertising

### Copyright Infringement

If you believe content on Kopai infringes your copyright, contact hello@kopai.app with:
- Description of the copyrighted work
- Location of the infringing material
- Your contact information
- Statement of good faith belief
- Statement under penalty of perjury that you are authorized to act

### Restrictions

You may not:
- Copy, modify, or create derivative works of Kopai's platform
- Reverse engineer or decompile the service
- Remove or alter copyright notices or trademarks
- Frame or mirror any part of the service

## 9. Limitation of Liability

### Service "AS IS"

Kopai is provided **"AS IS"** and **"AS AVAILABLE"** without warranties of any kind, either express or implied, including but not limited to:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Uninterrupted or error-free operation

### No Liability for Data Loss

**You are responsible for maintaining backups of your data.** We are not liable for:
- Loss or corruption of telemetry data
- Inability to access your data due to service outages
- Data deletion due to account termination or retention policies
- Data loss due to user error or account compromise

### Service Interruptions

We are not liable for service interruptions, downtime, or degraded performance caused by:
- Scheduled or emergency maintenance
- Third-party service failures (hosting, DNS, network providers)
- Force majeure events (natural disasters, wars, strikes)
- Cyber attacks or security incidents
- User actions or misconfigurations

### Limited Liability Amount

**To the maximum extent permitted by Croatian law**, our total liability for any claims arising from these Terms or the service is limited to:
- The fees you paid to Kopai in the 12 months prior to the claim, OR
- €100 (whichever is greater)

Currently, as the service is free, this amount is €100.

### Exclusions

Nothing in these Terms excludes or limits our liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded by Croatian law

### Croatian Consumer Law

For Croatian consumers, your statutory rights under Croatian consumer protection law (OG 19/2022) are not affected by these limitations.

### Third-Party Services

We are not responsible for:
- Actions or failures of third-party processors (Hetzner, Supabase, Resend, Cloudflare)
- Third-party integrations or applications
- Content or services accessed through external links

## 10. Termination

### Termination by You

You may terminate your Kopai account at any time by:
1. Logging into your dashboard
2. Navigating to account settings
3. Selecting "Delete Account"
4. Confirming deletion

**Immediate effects:**
- You lose access to your account and data
- API tokens are immediately revoked
- Telemetry data ingestion stops

**Data retention:**
- Your data is retained for **30 days** after account deletion
- During this period, you can contact us to restore your account
- After 30 days, all data is **permanently deleted** and cannot be recovered

**Requesting immediate deletion:**
- Contact hello@kopai.app to request immediate data deletion
- We will process requests within 30 days

### Termination by Kopai

We may suspend or terminate your account if:
- You violate these Terms of Service
- You engage in illegal activity
- Your account poses a security threat
- You abuse the service (excessive API usage, etc.)
- Your account is inactive for 2+ years

**Notice period:**
- We will provide **7 days' notice** via email before termination
- **Immediate termination** without notice for:
  - Illegal activity
  - Security threats
  - Severe Terms violations (reselling, hacking attempts)

**After termination:**
- You lose access to your account immediately
- Data is retained for 30 days, then permanently deleted
- You may request a data export before deletion

### Data Export Before Termination

Before deleting your account, you can export your data:
- **Via API**: Use your access tokens to query and export telemetry data
- **Via Dashboard**: Download data from the web interface
- **Request assistance**: Contact hello@kopai.app for help with data export

### No Refunds

When pricing is introduced, fees are non-refundable, including:
- Partial month refunds after termination
- Refunds due to service dissatisfaction
- Refunds for account suspension or termination

### Effect on Agreements

Termination does not affect:
- Provisions that should survive (liability limitations, dispute resolution, IP rights)
- Your obligations for activity that occurred before termination
- Our right to retain data as required by law

## 11. Consumer Rights (Croatian Consumers)

For Croatian consumers, you have the right to withdraw from the contract within 14 days, in accordance with the Croatian Consumer Protection Act (OG 19/2022).

To exercise withdrawal rights, contact: hello@kopai.app

## 12. Dispute Resolution

### Initial Contact

If you have a dispute or complaint about Kopai:

**Step 1**: Contact us at hello@kopai.app with:
- Description of the issue
- Relevant account information
- Desired resolution
- Any supporting documentation

**Step 2**: We will respond within **5 business days** and attempt to resolve the issue

**Step 3**: If unresolved, we will engage in good-faith negotiations for **30 days**

### Mediation (Optional)

If direct negotiation fails, we encourage mediation before litigation:
- Either party may propose mediation
- Mediator selected by mutual agreement
- Costs split equally between parties
- Mediation conducted in Zagreb, Croatia

### EU Online Dispute Resolution

**For EU consumers**, you have access to the European Commission's Online Dispute Resolution (ODR) platform:
- Website: https://ec.europa.eu/consumers/odr/
- Purpose: Resolve disputes about online purchases without going to court
- Free service for EU residents

### Governing Law and Jurisdiction

**Governing Law**: These Terms are governed by the **laws of Croatia**.

**Jurisdiction**:
- **Commercial users**: Disputes will be resolved exclusively by the **Commercial Court in Zagreb** (Trgovački sud u Zagrebu)
- **Consumers**: Croatian consumers may bring claims in their local court as permitted by Croatian law

### Class Action Waiver

To the extent permitted by Croatian law, you agree to resolve disputes individually, not as part of a class or collective action.

### Complaints to Authorities

You may also file complaints with:
- **Consumer Protection Authority**: Croatian Consumer Protection Agency
- **Data Protection Authority**: Croatian Personal Data Protection Agency (AZOP) at https://azop.hr
- **Competition Authority**: Croatian Competition Agency (AZTN)

### Exceptions

The dispute resolution procedures above do not apply to:
- Intellectual property claims
- Urgent injunctive relief
- Small claims court proceedings (below statutory thresholds)

## 13. Governing Law

These terms are governed by the laws of Croatia.

**Jurisdiction**: The courts of Croatia have exclusive jurisdiction over disputes arising from these terms.

## 14. Changes to Terms

### Our Right to Modify

We may update these Terms of Service at any time to:
- Reflect changes in our service features
- Comply with legal or regulatory requirements
- Address security or technical issues
- Clarify existing terms
- Introduce new pricing or service tiers

### Notification of Changes

**Material changes** (affecting your rights or obligations):
- **Email notification**: Sent to your registered email address
- **Advance notice**: At least **30 days** before changes take effect
- **On-site notice**: Banner or notification when you log in
- **Updated "Last updated" date** at the top of this page

**Non-material changes** (clarifications, formatting, minor corrections):
- Updated "Last updated" date
- No email notification required
- Take effect immediately upon publication

### Your Options

When we notify you of material changes, you may:

1. **Accept changes**: Continue using the service (constitutes acceptance)
2. **Reject changes**: Delete your account before the effective date
3. **Request clarification**: Contact us at hello@kopai.app

**Continued use** of Kopai after the effective date constitutes your acceptance of the updated Terms.

### Withdrawal After Changes

If you disagree with material changes:
- You have **30 days** from notification to delete your account
- No fees will be charged for the remainder of your billing period (when pricing is introduced)
- You can export your data before deletion

### Version History

We maintain a version history of these Terms:
- Current version: December 12, 2025
- Previous versions available upon request at hello@kopai.app

### Croatian Consumer Rights

For Croatian consumers, changes to material terms may provide additional withdrawal rights under the Consumer Protection Act (OG 19/2022). Contact us for questions about your specific rights.

## 15. Contact

For questions about these terms: hello@kopai.app

---

_These terms comply with Croatian law and EU regulations._

_Note: We are assessing applicability of the Digital Services Act (EU 2022/2065). Updates will be published if required._