Terms of Service

1. Introduction

Welcome to ChurnBurn ("Service"). These Terms of Service ("Terms") govern your access to and use of ChurnBurn, provided by ChurnBurn ("Provider," "we," "us," "our"). By creating an account or using the Service, you agree to be bound by these Terms, our Privacy Policy, and our Data Processing Agreement contained within these Terms.

If you do not agree, do not use the Service.

2. The Service

ChurnBurn provides churn prediction analytics, retention recommendations, and optional automated retention email functionality ("Features"). The Service is provided "as is" and "as available."

We may update or modify the Service at any time.

3. Account Registration

You must provide accurate information when creating an account. You are responsible for safeguarding your login credentials and for all activity under your account.

4. Client Responsibilities

• Provide lawful personal data of your end-users
• Ensure your end-users have given consent where required
• Comply with GDPR or applicable local data protection laws
• Not use the Service for unlawful or harmful purposes

You remain the Data Controller for all personal data you upload.

5. Payment and Subscription

ChurnBurn may offer paid plans. By subscribing, you authorize us to charge the payment method on file. Fees are non-refundable unless stated otherwise.

We may change prices with at least 30 days' notice.

6. Intellectual Property

We retain all rights to the Service, including software, algorithms, documentation, and branding. Nothing in these Terms grants ownership rights to you.

7. Prohibited Use

You agree not to:

• Reverse engineer the Service
• Interfere with or disrupt the platform
• Use the platform to send spam or unlawful content

8. Termination

We may suspend or terminate your access if you violate these Terms. You may cancel your subscription at any time; cancellation takes effect at the end of your billing period.

Data Processing Agreement (DPA)

This DPA forms part of the Terms of Service.

9. Roles of the Parties

• Client = Data Controller
• ChurnBurn = Data Processor

ChurnBurn processes personal data only on the Client's documented instructions.

10. Subject Matter of Processing

ChurnBurn processes end-user personal data solely for providing churn predictions, retention analytics, and optional automated retention emails.

11. Nature and Purpose of Processing

Processing operations include:

• Data ingestion
• Model training
• Churn analysis
• Communication delivery (if enabled)

All processing serves the sole purpose of providing the Service.

12. Client-Only Machine Learning (No Cross-Client Training)

ChurnBurn trains ML models only on the Client's own data.

ChurnBurn does not:

• Use client data to improve models for others
• Combine datasets
• Build generalized models from client data

13. Categories of Personal Data

May include:

• Names
• Email addresses
• Behavior metrics
• Engagement data
• Subscription history

Special categories of data (GDPR Art. 9) are prohibited.

14. Duration

Processing continues for as long as the Client uses the Service or until data is deleted upon request.

15. Security Measures

ChurnBurn implements technical and organizational measures, including:

• Encryption in transit and at rest
• Access control
• Audit logging
• Secure data deletion

A full list of measures is available upon request.

16. Subprocessors

ChurnBurn may use subprocessors (e.g., cloud hosts, email providers).

We ensure all subprocessors meet GDPR standards.

A current list is available upon request.

17. Client Responsibilities

The Client confirms that:

• All shared personal data is lawfully collected
• End-users have been informed according to GDPR
• They have a valid legal basis (e.g., consent, contract)
• Instructions given to ChurnBurn comply with the law

18. International Transfers

If data is transferred outside the EU/EEA, ChurnBurn ensures appropriate safeguards (e.g., Standard Contractual Clauses).

19. Assistance to the Controller

ChurnBurn will assist with:

• Data subject requests
• Security incident notifications
• Data protection audits (under reasonable limitations)

20. Data Deletion

Upon termination or written request:

• All personal data is deleted
• All client-specific ML model parameters derived from that data are deleted
• Backups are overwritten on their standard rotation schedule

21. Liability

ChurnBurn's total liability under this agreement is limited to the total fees paid in the previous 12 months, except in cases of gross negligence or intentional misconduct.

22. Governing Law

These Terms are governed by the laws of Germany.

23. Contact

For questions regarding these Terms or the DPA, contact:
legal@churnburn.io