Terms of Service.

1. Provider.

Apex is provided by Drip Trading GmbH, Kolpingstraße 32, 83278 Traunstein, Germany, represented by managing directors Samuel Hess and Fabian Gmeindl. Commercial register: HRB 27857, Amtsgericht Traunstein. VAT ID: DE323682003.

2. Service.

Apex is a B2B A/B-testing platform at app.drip-apex.com. It provides a dashboard with customer-managed seats, experiment and goal configuration, a JavaScript snippet or SDK installed on merchant storefronts, variation delivery, and experiment event analytics and reporting. Available features, usage scope, fees, billing period and any service commitments are as agreed in the applicable order form.

We may improve or change the service while preserving its material contracted function. Beta, preview or experimental features may be identified separately and may change or be withdrawn.

3. Customer accounts.

The customer must provide accurate account information, keep credentials confidential, restrict seats to authorised users and promptly remove access that is no longer needed. The customer is responsible for activity under its accounts except to the extent caused by DRIP's breach. Suspected compromise must be reported without undue delay.

4. Customer responsibilities.

The customer controls its storefront, experiments, content, targeting, goals and deployment of the Apex snippet or SDK. It must have all rights, notices and lawful bases needed for that use, honour end-user choices, and avoid transmitting unnecessary personal data or special-category data.

The customer must not misuse Apex to break the law, infringe rights, introduce malicious code, probe or bypass security, disrupt the service, access another customer's data, resell access except as agreed, or use experiment designs that are deceptive, discriminatory or unsafe.

5. Data protection and security.

Each party complies with applicable data-protection law. The Data Processing Agreement applies when DRIP processes storefront personal data for the customer. Our handling of controller-side account data is described in the Privacy Policy.

DRIP maintains appropriate technical and organisational safeguards. The customer remains responsible for its storefront security, access configuration, consent settings and lawful experiment operation.

6. Intellectual property.

DRIP and its licensors retain all rights in Apex, its software, documentation and service technology. The customer retains its rights in its storefront, content, configurations and data and grants DRIP the limited rights needed to provide, secure and support the service. Feedback may be used to improve Apex without identifying the customer or disclosing confidential information.

7. Confidentiality.

Each party must protect the other party's non-public business, technical and commercial information with reasonable care, use it only for the agreement, and disclose it only to personnel and providers who need it and are bound by confidentiality. This does not cover information that is public without breach, already lawfully known, independently developed, or lawfully received from another source. Legally compelled disclosure is permitted with notice where lawful.

8. Fees and taxes.

The customer pays the fees, on the dates and in the currency stated in the applicable order form. Fees exclude applicable taxes unless the order form states otherwise. Late-payment remedies, renewal and price changes are governed by the applicable order form and mandatory law.

9. Availability and support.

DRIP will provide and support Apex with reasonable skill and care. Any service level, support window, maintenance commitment, credit or remedy applies only if stated in the applicable order form. Internet services and third-party storefront platforms may experience interruptions outside DRIP's reasonable control.

10. Term, suspension and termination.

The agreement begins and continues for the term stated in the applicable order form. Either party may terminate for material breach if the breach is not cured within a reasonable written cure period, or immediately where cure is impossible, insolvency law permits, or continued performance would be unlawful.

DRIP may proportionately suspend affected access to address a security threat, unlawful use, material service risk or overdue undisputed payment, and will provide notice where reasonably possible. On termination, access ends and data is handled under the DPA and applicable order form.

11. Warranties and liability.

Mandatory statutory rights remain unaffected. Except for commitments expressly made in these Terms or an order form, the service is provided subject to applicable law and results from experiments are not guaranteed. Each party's liability, exclusions and any agreed limits are governed by the applicable order form and mandatory law; nothing excludes liability that cannot lawfully be excluded or limited.

12. General.

Neither party may assign the agreement except as permitted in the applicable order form or with the other party's consent, not to be unreasonably withheld. Neither party is liable for delay caused by events beyond its reasonable control, but payment obligations already due are unaffected. Notices are delivered through the contacts and method in the order form.

If a provision is unenforceable, the remainder continues and the invalid provision is replaced to the extent permitted by one closest to its commercial purpose. Failure to enforce a right is not a waiver. These Terms and the applicable order form together are the "Main Agreement" referred to in the Data Processing Agreement. These Terms, the order form and incorporated documents form the agreement and prevail in that order in case of conflict, except that the DPA prevails for processing personal data.

13. Governing law and courts.

German law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Traunstein, Germany, where legally permitted, unless the applicable order form agrees otherwise.

14. Contact.

Contract notices and questions may be sent to Drip Trading GmbH at the address above. Security reports should be sent to security@drip-apex.com.