# Terms of Service

Terms and conditions for using Kopai services

_Last updated: October 8, 2026_

## 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 (see Section 5 for paid plans). 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**. Paid plans are not available yet. We will email all users at least **30 days** before we start charging. From that date, the rules in this section apply.

### Plans

- **Free plan**: Your telemetry data is kept for **1 day**. No payment card is required.
- **Paid plan**: You choose how many days your telemetry data is kept, from **2 to 365 days** (your "retention").
- **Dedicated plans**: Customers on dedicated infrastructure are billed under a separate written agreement, not under this section.

Seats and API calls are not charged on any plan.

### Price

- **€1 per retention day per month**, excluding VAT. For example, 30 days of retention costs €30 per month plus VAT.
- **VAT** is calculated and added at checkout based on your billing address. EU businesses that enter a valid VAT ID are charged under the reverse-charge mechanism where it applies.
- We may change prices with at least **30 days'** email notice. A price change applies from your first billing date after the notice period ends.

### Billing and Payment

- Paid plans are billed **monthly in advance**, starting on the day you subscribe.
- Payments are processed by our payment provider, **Stripe**. We do not store your full card details.
- We issue an invoice for every payment. Invoices are available in the dashboard to workspace owners.
- Only the workspace owner can subscribe, change the plan, or cancel.

### Changing Your Retention

- **Increasing retention** takes effect immediately.
- **Decreasing retention** takes effect at your next billing date, so you keep what you have paid for until then.
- When retention decreases, data older than the new retention period is **permanently deleted** and cannot be recovered.

### Cancellation and Refunds

You can cancel a paid plan at any time in the dashboard, in one of two ways:

1. **At the end of the billing period**: you keep your paid retention until the period ends, then move to the free plan. You can undo the cancellation until the period ends. No refund is issued.
2. **Immediately, with a refund**: your subscription ends at once and we refund your **last paid invoice in full**, including VAT. Your workspace moves to the free plan straight away, and data older than 1 day is **permanently deleted**.

Immediate refunds are available a limited number of times per customer and only when your last invoice was paid. When an immediate refund is not available, cancellation takes effect at the end of the billing period instead. If you cannot access the dashboard, contact hello@kopai.app to cancel.

### Failed Payments

If a payment fails, Stripe will retry it. While the payment is being retried, your paid retention stays in place. If the payment still fails, your subscription ends and your workspace moves to the free plan, and data older than 1 day is permanently deleted.

### Your Statutory Rights

Nothing in this section limits rights you have as a consumer under Croatian or EU law, including the right of withdrawal described in Section 11.

## 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, Stripe)
- 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

### Fees After Termination

Refunds are available only as described in Section 5 (Cancellation and Refunds). Otherwise, fees already paid are not refunded, including when:
- You terminate partway through a billing period
- We suspend or terminate your account for violating these Terms

### 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

### Out-of-Court Dispute Resolution

**For EU consumers**, the European Commission publishes a list of approved consumer dispute resolution bodies in each Member State:
- Website: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies
- Purpose: Resolve disputes without going to court

### 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: October 8, 2026
- 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

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_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._