Version 4.0. Effective from August 20th, 2026.
These Terms and Conditions govern the supply of the Kotzilla Platform by KOTZILLA SAS. They replace all previous versions, it being specified that the version applicable to a subscription is the version identified in the applicable Order Form.
These Terms and Conditions apply exclusively to customers acting in the course of a professional activity. The Service is not offered to consumers.
1. Definitions
The following definitions apply whether used in the singular or the plural.
Agreement: the Order Form, these Terms and Conditions, the Price List, the Data Processing Agreement where applicable, and the Service Level Agreement where applicable, taken together.
Aggregated Data: statistical, anonymised and aggregated data derived from the operation of the Service, from which neither the Customer, nor a Target Application, nor any End User can be identified.
Console: the Kotzilla web console, through which the Customer accesses the Final Data, the reports and the administration of its subscription.
Customer (also “You”): the professional entity identified in the Order Form, owner of or responsible for the Target Application.
Documentation: the technical documentation published at doc.kotzilla.io.
End User: the natural person using the Target Application. End Users are not party to the Agreement.
Final Data (also “Processed Data”): the data produced by Kotzilla’s proprietary analysis algorithms from the Raw Data, and made available through the Console, the IDE Plugin and the MCP Server.
Gradle Plugin: the Kotzilla plugin for Gradle, which manages, among other things, the optional upload of Mapping Files.
IDE Plugin: the Koin IDE Plugin for Android Studio and IntelliJ IDEA, developed by Kotzilla and distributed under a proprietary licence.
Kotlin: a programming language published under the Apache 2.0 licence, developed by JetBrains and open source contributors. Kotlin is a trademark of the Kotlin Foundation.
Koin: the Koin open source dependency injection framework, published under the Apache 2.0 licence, developed and maintained by the Koin open source community with the support of Kotzilla, and used by the Customer in its Target Application. Koin is supplied as a stand-alone open source product and is not part of the Service.
KPI: the indicators of Final Data described in the Documentation.
Mapping Files: the R8 or ProGuard mapping files and the iOS dSYM files that the Customer may choose to upload in order to obtain readable class, method and stack trace names in the Console.
MCP Server: the Kotzilla MCP server, which exposes the Final Data to the AI coding assistants used by the Customer.
Order Confirmation: the confirmation issued by Kotzilla, in the Console and by email, on the conclusion of a subscription taken online under Article 3.7, which states the same items as an Order Form.
Order Form: the order document signed by both parties, which identifies the plan, the fees, the data quota, the retention period, the Subscription Term and the version of these Terms and Conditions. For a subscription taken online under Article 3.7, the Order Confirmation constitutes the Order Form for the purposes of these Terms and Conditions, and any reference made here to the Order Form is a reference to that Order Confirmation.
Party and Parties: the Customer and Kotzilla, individually or together.
Platform: the Kotzilla software analysis tool, supplied under proprietary licence and registered with the French Agence pour la Protection des Programmes (APP). The Platform comprises the SDK, the Console, the IDE Plugin, the Gradle Plugin and the MCP Server.
Price List: the plans and prices published at https://kotzilla.io/pricing.
Raw Data: the technical runtime data collected by the SDK in the Target Application, as described in Article 6.
SDK: the Kotzilla Software Development Kit, supplied under proprietary licence, which performs the instrumentation of the Target Application. The SDK supports Android, Kotlin Multiplatform, Compose Multiplatform and iOS targets.
Service: the supply of the Platform and of the associated support, as described in the Agreement.
Subscription Term: the firm term of the subscription, as set out in the Order Form.
Target Application: the Customer application identified in the Order Form and monitored by the Service.
Website: kotzilla.io, blog.kotzilla.io and doc.kotzilla.io.
Kotzilla (also “we”, “us”, “our”): KOTZILLA SAS, a French société par actions simplifiée registered under number 921 682 076 with the Toulouse Registry of Commerce, having its registered office at 3 rue Alaric II, 31000 Toulouse, France.
2. Order of precedence
In the event of a contradiction between the documents making up the Agreement, the following order of precedence applies:
1. the Order Form;
2. the Data Processing Agreement or, in its absence, the Data Processing Terms set out in Annex A, for matters relating to personal data;
3. the Service Level Agreement, for matters relating to service levels;
4. these Terms and Conditions;
5. the Kotzilla Platform License;
6. the Price List;
7. the Documentation.
The Data Processing Agreement and the Service Level Agreement are not published. Kotzilla makes its standard templates available to the Customer on written request, at contact@kotzilla.io. Each of them forms part of the Agreement only once signed by both Parties, and applies only to the subscription for which it has been signed. In the absence of a signed Data Processing Agreement, the Data Processing Terms set out in Annex A apply to the processing of personal data carried out by Kotzilla on behalf of the Customer.
3. Formation of the Agreement
3.1 Quotation. Any commercial proposal, presentation or quotation issued by Kotzilla is an invitation to contract. It is valid for thirty (30) days unless stated otherwise, and does not bind Kotzilla until an Order Form has been signed by both Parties.
3.2 Conclusion at a distance. The Agreement is concluded at a distance, by electronic signature of the Order Form. No Order Form is signed in the physical presence of the Parties.
3.3 Customer representations. By signing the Order Form, or by confirming a subscription taken online under Article 3.7, the Customer represents that it acts in the course of its professional activity, that it subscribes to the Service for the purposes of its main business activity, and that the person signing has authority to bind it.
3.4 Customer purchase documents. A purchase order, procurement portal entry or similar document issued by the Customer is accepted as an internal administrative document only. Any general or special conditions of purchase appearing in or referred to by such a document have no contractual effect between the Parties, whenever they are communicated. Should the Customer require its own conditions of purchase to apply in whole or in part, this must be agreed in writing and recorded in the Order Form.
3.5 Starter Plan. No Order Form is required for the Starter Plan. The Agreement is then formed when the Customer creates an account, and is limited to these Terms and Conditions and to the Price List.
3.6 Paid plans. No paid subscription takes effect before an Order Form has been signed by both Parties, save where it is taken online under Article 3.7.
3.7 Subscription taken online. A paid plan identified in the Price List as available online may be subscribed to in the Console, without an Order Form, under the following conditions.
The Customer selects the plan, provides the information required under Article 8.8, accepts these Terms and Conditions and confirms its order. The Agreement is formed on the issue by Kotzilla of the Order Confirmation, which states the plan, the fees, the currency, the data quota, the retention periods, the Subscription Term, the invoicing frequency, the payment method, the hosting location, the Target Applications and the version of these Terms and Conditions. That version remains applicable for the whole of the current Subscription Term.
Kotzilla issues a framework invoice for the Subscription Term, which may be paid by card within the limit set out in Article 8.4.
Where the Customer instruments a Target Application belonging to a third party, it confirms on subscribing that it holds the authorisations required under Article 10.4.
Articles 3.4, 3.8 and 9 apply to a subscription taken online. Where a plan requires terms which the online path does not record, in particular a different Subscription Term, a flexible volume arrangement, a Service Level Agreement or a negotiated Data Processing Agreement, an Order Form is required.
3.8 Right of withdrawal. Where, notwithstanding the statement made at the head of these Terms and Conditions and the representations given under Article 3.3, the Customer qualifies as a consumer or as a non-professional within the meaning of the preliminary article of the French Consumer Code, it has a right of withdrawal of fourteen (14) days from the conclusion of the Agreement, which it may exercise by any unambiguous statement sent to contact@kotzilla.io.
By accepting these Terms and Conditions, the Customer expressly requests that the supply of the Service begin immediately, before the expiry of that period, and acknowledges that it loses its right of withdrawal once the Service has been fully performed. Where the Customer withdraws after the supply of the Service has begun, it remains liable for an amount proportionate to the Service supplied up to the date on which it informs Kotzilla of its decision.
This Article does not affect the representations given by the Customer under Article 3.3, nor Kotzilla’s right to close an account where those representations prove to be inaccurate.
4. The Service
4.1 Description. The Platform analyses the architecture, performance and stability of the Target Application, with an emphasis on its Koin components. It detects, among other things, component resolution blocking a thread, inefficient dependency trees, repeated instantiations, user interface lifecycle delays, slow screen rendering, ANRs and crashes, and it provides the corresponding root cause analysis.
4.2 Components. The Service is supplied through the SDK, the Console, the IDE Plugin, the Gradle Plugin and the MCP Server. The functional scope of each component is described in the Documentation, which Kotzilla may update as the Platform evolves.
4.3 MCP Server and AI coding assistants. The MCP Server exposes the Final Data to the AI coding assistant chosen by the Customer, at the Customer’s initiative and under its own account with the relevant provider. Access is scoped to the Customer’s organisation. Kotzilla does not use the Customer’s data to train any model. The relationship between the Customer and the provider of its AI coding assistant is governed by the terms of that provider, to which Kotzilla is not a party. Kotzilla gives no warranty as to the relevance, accuracy or effect of any remediation suggested by an AI coding assistant, and the Customer remains solely responsible for any change it makes to its code.
4.4 New features. Kotzilla is not obliged to develop any new feature, to supply any new service, or to carry out any specific development requested by a Customer. The use of a new feature may be subject to fees not included in the subscription.
4.5 Support. Kotzilla provides support during business hours, Monday to Friday, 9:00 to 18:00 Paris time, excluding French public holidays. Support covers technical questions relating to the operation of the Platform. Response and resolution times are committed only where a Service Level Agreement has been signed. A Service Level Agreement is available on request for paid subscriptions concluded by Order Form, under the conditions set out in Article 2.
4.6 Availability. Absent a signed Service Level Agreement, Kotzilla gives no commitment as to the availability of the Service. Kotzilla uses reasonable efforts consistent with prevailing industry standards to limit errors and interruptions, and endeavours to give advance notice of scheduled maintenance.
4.7 Evolution. Kotzilla may at any time vary the technical specification of the Service, and may add, modify, replace or discontinue any feature of the Platform, including during a Subscription Term. Kotzilla gives the Customer reasonable prior notice of the discontinuation of a feature described in the Documentation, where circumstances allow. No such change gives rise to compensation, to a reduction of the fees or to a right of early termination.
5. Starter Plan
5.1 The Starter Plan gives limited access to the Platform, free of charge, within the limits published in the Price List.
5.2 Kotzilla may vary the scope and the limits of the Starter Plan, and may discontinue it, on thirty (30) days’ notice given by email or in the Console.
5.3 Either Party may terminate the Starter Plan at any time, without notice and without compensation.
5.4 Where an account records no activity on any Kotzilla tooling for six (6) consecutive months and no subscription is then in force, Kotzilla may delete the account and its content, after having given the Customer thirty (30) days’ prior notice by email. The Kotzilla Platform License lapses at the same time, under the conditions it sets out.
6. Data collected, retention and use
6.1 What the SDK collects. The SDK collects technical runtime metadata, namely: the type, scope and instantiation patterns of components; injection relationships and resolution paths; the component tree per session; creation times, call frequency, resolution depth and thread usage; the lifecycle of Activities, Fragments and Compose Navigation screens; screen rendering times and ANR detection; crash type, timing and stack traces including frame origins; device type, operating system version, application version and version code; the identifiers and types of the screens traversed; and, where the Customer so decides, any custom technical data it adds through the SDK API and any technical data supplied by the third-party libraries with which it integrates the SDK. That description is set out in detail on the page published at https://doc.kotzilla.io/docs/discover/data, in the version in force at the date of the Order Form. In the event of a contradiction, Article 6.2 prevails.
6.2 What the SDK does not collect. The SDK does not collect source code, method bodies, business logic, screen contents, the attributes or values of user interface elements, input field data, network request or response payloads, screenshots or screen recordings. Custom technical data added by the Customer under Article 6.1 is outside that exclusion, its content being determined by the Customer alone and under its sole responsibility.
6.3 No End User personal data. The Service is not designed to process the personal data of End Users, and Kotzilla does not intentionally collect any. The Customer undertakes not to transmit any personal data of End Users through the SDK, whether directly or through a Mapping File, and to configure its Target Application accordingly. The Customer is responsible for informing its End Users of the use of the Service where its own legal obligations so require.
6.4 Data Processing Agreement. The Data Processing Terms set out in Annex A apply to any processing of personal data carried out by Kotzilla on behalf of the Customer, from acceptance of these Terms and Conditions and without further formality. Should the Customer require a negotiated agreement, Kotzilla makes its standard Data Processing Agreement available on written request. Once signed by both Parties, it supersedes Annex A and prevails over this Article 6 in respect of such processing.
6.5 Mapping Files. The upload of Mapping Files is optional and controlled by the Customer. Where the Customer uploads a Mapping File, it grants Kotzilla a non-exclusive licence, limited to the term of the Agreement, to use that file for the sole purpose of resolving obfuscated names in the Console and in the IDE Plugin. Mapping Files are treated as Confidential Information of the Customer and are deleted under the conditions set out in Article 9.8.
6.6 Raw Data retention. Raw Data is retained on a rolling basis for the retention period set out in the Order Form, which is fifteen (15) days on the Starter Plan. On expiry of that period, the oldest Raw Data is deleted on a first in, first out basis. No restitution of deleted Raw Data is provided.
6.7 Final Data retention. Final Data is retained for the retention period set out in the Order Form, which is fifteen (15) days on the Starter Plan. Beyond that period, the Customer retains access to the static KPIs described in the Documentation, for the term of the Agreement. Kotzilla does not undertake to provide any additional storage. Any specific storage requirement is subject to a written amendment and may be charged.
6.8 Aggregated Data. Kotzilla may use Aggregated Data to operate, secure and improve the Service, and to produce statistics and benchmarks. Kotzilla owns the Aggregated Data and the Final Data, without prejudice to the Customer’s right to access and export the Final Data during the term of the Agreement.
6.9 Accuracy. The Customer is responsible for assessing the accuracy and the completeness of the Final Data and the relevance of the conclusions it draws from it. Kotzilla is not a party to, and is not responsible for, any decision taken by the Customer on the basis of the Final Data.
7. Customer obligations and use restrictions
7.1 The Customer is responsible for obtaining and maintaining the equipment, software and connectivity needed to access the Service, for the security of that environment, and for the training of its personnel.
7.2 The Customer is responsible for the confidentiality of its credentials and API keys, and for any use of the Service made through its account.
7.3 The Customer undertakes not to: give access to the Service to a third party other than its personnel and its subcontractors bound by equivalent obligations; use the Service for Target Applications other than those identified in the Order Form, subject to Article 10.4; decompile, reverse engineer or attempt to obtain the source code of the Platform, save as permitted by mandatory law; circumvent any quota, limit or security measure; use the Service to develop a competing product or service; publish any benchmark or performance comparison relating to the Platform without Kotzilla’s prior written consent; or use the Service in breach of any applicable law.
7.4 The Customer represents that neither it nor any of its beneficial owners is subject to an asset freeze or to any sanction adopted by the European Union, France or the United Nations.
8. Fees, invoicing and payment
8.1 Plans and prices. Access to the Platform is available under the plans set out in the Price List. The Price List identifies the paid plans which may be subscribed to online under Article 3.7, at the prices it publishes. The pricing of any other paid plan is set on a case by case basis and recorded in the Order Form, which specifies the fees, the data quota, the retention period, the Subscription Term and the currency.
8.2 Firm term pricing. The fees set out in the Order Form constitute the price of the Subscription Term taken as a whole. Where the Order Form provides for periodic invoicing, such periodicity is a payment facility and does not affect either the firm nature of the commitment or the total amount due for the Subscription Term.
8.3 Invoicing frequency. The Order Form states whether the fees are invoiced annually, quarterly or monthly. Absent any statement, they are invoiced annually. Each instalment is invoiced in advance, on the first day of the period to which it relates. The invoicing frequency is a payment facility within the meaning of Article 8.2, does not affect the total amount due for the Subscription Term, and may not be changed during a Subscription Term. Kotzilla may apply different fees according to the invoicing frequency chosen. Amounts due for overage under Article 8.9 are invoiced after the end of the period to which they relate.
8.4 Payment terms and methods. Invoices are payable within thirty (30) days of the invoice date, by bank transfer or by payment card, as stated in the Order Form. The Customer may not withhold or set off any amount against sums due to Kotzilla without Kotzilla’s prior written agreement.
Where payment is made by card, the Customer: authorises Kotzilla and its payment service provider to charge the registered card for each invoice on its due date; maintains valid card details for the whole of the Subscription Term and updates them without delay; and undertakes not to initiate a chargeback in respect of an invoice which it has not disputed in writing beforehand. A failed charge and a chargeback are both treated as non-payment for the purposes of Article 8.6. Payment by card is available only where the amount of the invoice does not exceed one thousand two hundred euros (EUR 1,200) excluding tax. That limit applies to each invoice, including the framework invoice issued for a subscription taken online under Article 3.7. Above that amount, the subscription is invoiced at a frequency which brings each instalment within that limit, or payment is made by bank transfer.
8.5 Late payment. Any sum unpaid on its due date bears interest, automatically and without reminder, at the European Central Bank refinancing rate in force increased by ten (10) percentage points, together with the statutory recovery indemnity of forty euros (EUR 40) per invoice, without prejudice to the recovery of reasonable costs actually incurred.
8.6 Suspension and acceleration. Where an invoice remains unpaid fifteen (15) days after a written demand, Kotzilla may, without further formality: (i) suspend access to the Service, it being agreed that such suspension does not affect either the accrual or the due date of the fees; and (ii) declare the entire remaining balance of the Subscription Term immediately due and payable.
8.7 Taxes. All amounts are exclusive of tax. Value added tax is applied in accordance with the applicable rules, subject to the Customer providing a valid intra-Community VAT number where relevant. Where a withholding is required in the Customer’s country, the Customer increases the amount paid so that Kotzilla receives the amount that would have been received absent that withholding.
8.8 Electronic invoicing. The Customer provides and keeps up to date its company registration number (SIREN or SIRET), its intra-Community VAT number where applicable, its electronic invoicing address and its taxable status. The Customer accepts that invoices are issued and transmitted in electronic form, including through an approved platform (“plateforme agréée”) within the meaning of the French electronic invoicing rules. Kotzilla receives electronic invoices through an approved platform as from 1 September 2026 and issues its invoices in that form as from the date on which that obligation applies to it, and earlier where it so elects. Failure to provide the information required under this Article, after a written request, may lead to suspension of the Service under Article 8.6.
8.9 Data quota and overage. The Customer’s usage is subject to the quota set out in the Order Form. Unless the Order Form provides otherwise, data ingestion is capped: on reaching the quota, collection is automatically suspended until the next period or until the quota is increased. Where the Order Form provides for a flexible volume arrangement, ingestion is not suspended, Kotzilla notifies the Customer promptly of the excess, and the Customer either increases its quota for subsequent periods or pays for the excess at the unit rate set out in the Order Form. Where usage materially exceeds the agreed quota under a flexible volume arrangement and no overage terms have been agreed, Kotzilla may throttle or suspend ingestion.
9. Term, renewal and termination
9.1 Subscription Term. Each paid subscription is entered into for a firm term of twelve (12) months from the start date set out in the Order Form, unless the Order Form provides for a different term.
9.2 Renewal. The Subscription Term renews automatically for successive periods of the same duration, unless either Party gives written notice of non-renewal at least thirty (30) days before the end of the then current period.
9.3 Price revision. Kotzilla notifies the fees applicable to the next period at least sixty (60) days before the end of the then current period. Absent notice, the fees of the current period continue to apply.
9.4 No termination for convenience. Neither Party may terminate a Subscription Term for convenience. Termination before the end of the Subscription Term is possible only under Articles 9.5 and 9.6.
9.5 Termination for breach. Either Party may terminate the Agreement where the other Party commits a material breach of its obligations and fails to remedy that breach within thirty (30) days of a written notice identifying the breach and referring to this Article. Non-payment is governed by Article 8.6 and, where it persists for thirty (30) days after the written demand referred to in that Article, entitles Kotzilla to terminate the Agreement immediately, by operation of this clause and without further formality, without prejudice to the acceleration of the remaining balance.
9.6 Termination and suspension for cause. Kotzilla may suspend access to the Service, and, failing remedy within fifteen (15) days, terminate the Agreement, where the Customer’s use presents a proven security risk to the Platform or to its other customers, where that use is unlawful, or where the Customer is subject to insolvency proceedings, subject to mandatory law. Kotzilla informs the Customer of the suspension and of its grounds without delay, and restores access as soon as the cause has ceased.
9.7 Scope changes. Data quotas and user numbers may be increased during a Subscription Term, any addition expiring on the same date as the then current period. They may not be reduced before the end of the Subscription Term.
9.8 Consequences of termination. On termination or expiry, access to the Service ceases. For thirty (30) days from that date, the Customer may export its Final Data through the Console. Kotzilla then deletes the Raw Data, the Final Data and the Mapping Files within thirty (30) days, subject to any statutory retention obligation and to the Data Processing Agreement where applicable. Fees paid are not refundable, and fees due for the Subscription Term remain payable.
9.9 Survival. Articles 6.8, 8, 10, 11, 12, 13, 17 and 18 survive the end of the Agreement, together with Annex A to the extent necessary for the performance of the deletion obligations it sets out.
10. Intellectual property
10.1 The Website, the Platform and all their components remain the exclusive property of Kotzilla. Nothing in the Agreement transfers any intellectual property right to the Customer.
10.2 Access to the hosted components of the Platform, namely the Console, the MCP Server and the analysis backend, is granted for the term of the Customer’s subscription, whether Starter or Enterprise, and ceases on its termination or expiry.
10.3 The components installed by the Customer, namely the SDK, the IDE Plugin and the Gradle Plugin, are supplied under the Kotzilla Platform License, published at https://doc.kotzilla.io/docs/discover/license and reproduced in the LICENSE file of each repository, in the version in force at the date of the Order Form. That licence binds the user from the first use of the components concerned, independently of any subscription and whether or not an account has been created, and lapses under the conditions it sets out, in particular after six (6) months without any use of the Kotzilla tooling where no subscription is then in force. It confers no right of access to the hosted components. In the event of a contradiction between the Kotzilla Platform License and the Agreement, the Agreement prevails.
10.4 Third-party applications. The Customer may use the Service for Target Applications which it develops, publishes or maintains on behalf of a third party, provided that: the Customer remains solely liable to Kotzilla for compliance with the Agreement; it holds the authorisations required from the owner of the application; each Target Application is identified in the Order Form and counted against the applicable quota; and access to the Console is given only to named users under the Customer’s own account. The Customer may not resell the Service, nor grant a sublicence, nor incorporate the Service into an offering supplied to a third party under its own name, without Kotzilla’s prior written agreement.
10.5 The Customer retains all rights in its Target Application, in its source code and in its Mapping Files.
10.6 Koin is supplied under the Apache 2.0 licence and is not part of the Service. The Agreement grants no right, and creates no obligation, in respect of Koin.
10.7 Kotzilla may refer to the Customer’s name and logo as a reference on its Website and in its commercial documents. The Customer may object at any time by written notice.
11. Confidentiality
11.1 Each Party keeps confidential any information of the other Party identified as confidential or which is by its nature confidential, and uses it solely for the performance of the Agreement. This obligation continues for five (5) years after the end of the Agreement.
11.2 Raw Data, Final Data and Mapping Files are Confidential Information of the Customer. They are accessible only to Kotzilla personnel who need access in order to perform the Service, and to the subprocessors listed in the Data Processing Agreement or, in its absence, in the list referred to in Annex A.
11.3 Confidentiality does not apply to information that is public, lawfully obtained from a third party, or required to be disclosed by law or by a public authority, the disclosing Party informing the other Party where it is lawful to do so.
12. Warranties and disclaimers
12.1 Kotzilla warrants that it will supply the Service with the reasonable skill and care of a competent professional software provider. Kotzilla’s obligation is an obligation of means.
12.2 Kotzilla does not warrant that the Platform, the SDK, the IDE Plugin, the Gradle Plugin or the MCP Server are free of errors, nor that the Service will operate without interruption.
12.3 Kotzilla warrants that, to its knowledge, the Platform does not infringe the intellectual property rights of any third party. Should a claim be made against the Customer on that ground, Kotzilla will defend the Customer at its own cost, provided that the Customer notifies the claim promptly, does not settle without Kotzilla’s agreement and cooperates in the defence. Kotzilla may, at its option, modify the Platform, replace the affected component or terminate the affected subscription and refund the fees paid for the unexpired part of the Subscription Term.
12.4 The Customer warrants that it holds the rights necessary to instrument its Target Application, to upload its Mapping Files and to make the Final Data available to the AI coding assistant it uses.
13. Liability
13.1 Each Party is liable to the other for the direct damage caused by its own breach, in accordance with the following provisions.
13.2 Neither Party is liable for indirect damage, and in particular for loss of profit, loss of business, loss of opportunity, loss of clientele, loss of data other than as provided in Article 13.4, or damage to reputation.
13.3 Kotzilla’s aggregate liability under the Agreement, for all events taken together during any period of twelve (12) months, is limited to the lower of the following two amounts: (i) the total amount of the fees payable under the Order Form for the current Subscription Term, and (ii) the total amount of the fees actually paid by the Customer during the twelve (12) months preceding the event giving rise to liability. For the Starter Plan, that liability is limited to one hundred euros (EUR 100).
13.4 Kotzilla is not liable for the deletion, loss or corruption of Raw Data or Final Data resulting from the retention periods set out in Article 6, from an act of the Customer, or from a cause beyond its reasonable control.
13.5 Articles 13.2 and 13.3 do not apply to fraud, gross negligence, personal injury, breach of Article 11, or any other liability which cannot be limited by law.
13.6 Where a Service Level Agreement has been signed, the credits it provides for constitute the Customer’s sole remedy for failure to meet the committed service levels, within the limits of Article 13.3. The Parties expressly exclude the application of Article 1223 of the French Civil Code, the Customer therefore not being entitled to reduce the price unilaterally.
13.7 The Parties expressly exclude the application of Article 1195 of the French Civil Code, the price revision mechanism set out in Article 9.3 constituting the agreed adjustment mechanism.
14. Personal data
14.1 Each Party complies with the applicable personal data legislation.
14.2 In respect of the data of its own contacts, of the Customer’s users of the Platform, and of the visitors of its Website, Kotzilla acts as controller, under the conditions set out in its privacy policy published at https://kotzilla.io/privacy-policy.
14.3 In respect of any personal data processed on behalf of the Customer, Article 6.4 applies and the processing is governed by the Data Processing Terms set out in Annex A or, where one has been signed, by the Data Processing Agreement.
15. Changes to these Terms and Conditions
15.1 Kotzilla may amend these Terms and Conditions. The version applicable to a subscription is the version identified in the Order Form, which remains applicable for the whole of the current Subscription Term.
15.2 Any new version applies to a subscription as from its renewal, provided that Kotzilla has notified it at least sixty (60) days before the end of the current period. Failing that, the current version continues to apply for one further period.
15.3 For the Starter Plan, any new version applies thirty (30) days after notice given by email or in the Console.
15.4 Kotzilla may implement, without notice, changes required by law or changes which are purely administrative and have no adverse effect on the Customer.
16. Assignment
16.1 The Customer may not assign or transfer the Agreement or its account, in whole or in part, without Kotzilla’s prior written consent.
16.2 Kotzilla may assign the Agreement to an affiliate, or in connection with a merger, a reorganisation, a change of control or a transfer of all or part of its business, on written notice to the Customer.
17. Miscellaneous
17.1 Force majeure. Neither Party is liable for a failure resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code. The affected Party informs the other Party without delay. Where the event lasts more than sixty (60) days, either Party may terminate the affected subscription by written notice, without compensation.
17.2 Independence of provisions. Should a provision be held invalid or unenforceable, the remaining provisions continue to apply and the Parties negotiate in good faith a replacement provision achieving as closely as possible the same economic effect.
17.3 No waiver. The failure or delay of a Party in exercising a right does not constitute a waiver of that right.
17.4 Relationship of the Parties. The Agreement creates neither a partnership, nor a joint venture, nor any agency or distribution relationship.
17.5 Notices. Notices are given in writing to the addresses set out in the Order Form. A notice sent by email to the address stated in the Order Form is valid, save for notices given under Articles 8.6, 9.5 and 9.6, which are given by registered post with acknowledgement of receipt or by electronic registered mail. A notice is deemed given on receipt for email and electronic registered mail, and two (2) business days after posting for registered post.
17.6 Entire agreement. The Agreement constitutes the entire agreement of the Parties on its subject matter and supersedes all prior exchanges, proposals and understandings, whether written or oral, subject to Article 2. Nothing in this Article limits liability for fraudulent misrepresentation.
17.7 Language. These Terms and Conditions are drawn up in English. Where a translation is provided, the English version prevails.
18. Governing law and disputes
18.1 The Agreement is governed by French law.
18.2 The Parties notify each other in writing of any dispute and endeavour to settle it amicably within thirty (30) days of that notice.
18.3 Failing settlement, any dispute relating to the Agreement, to its formation, performance, interpretation or termination, is subject to the exclusive jurisdiction of the courts of Toulouse, France, including where there are several defendants or in the case of proceedings on a warranty claim.
18.4 Article 18.2 does not prevent either Party from applying to the courts for interim or protective measures, nor Kotzilla from taking action to recover an undisputed debt.
Revision
Date
4.0
08-20-2026
3.4
01-01-2026
3.3
01/06/2025
3.2
01/12/2024
3.1
01/10/2024
3.0
01/07/2024
2.1
01/03/2024
2.0
03/01/2024
1.0
01/07/2023
ANNEX A: DATA PROCESSING TERMS
Version 1.0. Forms part of the Kotzilla Terms and Conditions v4.0 and follows their version.
These Data Processing Terms are entered into pursuant to Article 28 of Regulation (EU) 2016/679 (the “GDPR”). Terms defined in the Terms and Conditions have the same meaning here. “Personal data”, “processing”, “controller”, “processor”, “data subject”, “personal data breach” and “supervisory authority” have the meaning given to them by the GDPR.
These Terms apply automatically to every subscription, from acceptance of the Terms and Conditions, without further formality. They are superseded in their entirety by a Data Processing Agreement signed by both Parties, for the subscription concerned and for its duration. In the event of a contradiction with the other documents of the Agreement, these Terms prevail in respect of the processing of personal data, save where the Order Form expressly derogates from them and identifies the article concerned.
For the data processed through the SDK and the Platform for the Customer’s Target Applications, the Customer acts as controller and Kotzilla acts as processor. Where the Customer instruments a Target Application on behalf of a third party and itself acts as processor for that third party, Kotzilla acts as subprocessor, these Terms apply with the corresponding adjustment of terms, and the Customer warrants that it holds the authorisation required in order to engage Kotzilla in that capacity.
For the data of the Customer’s Named Users of the Console, and for billing, support and prospecting data, Kotzilla acts as controller under the conditions set out in its privacy policy, and these Terms do not apply to that processing.
A.3 Application as a precaution
The Service is not designed to process the personal data of End Users, and Kotzilla does not intentionally collect any, as described in Article 6 of the Terms and Conditions. These Terms apply to the extent that personal data is nevertheless processed on behalf of the Customer, and the Parties enter into them as a precaution and in order to allocate their respective obligations.
A.4 Details of the processing
Item
Content
Subject matter
Supply of the Platform to the Customer
Nature and purpose
Collection, storage, aggregation and display of the technical runtime data of the Target Applications, for the purpose of software analysis and performance monitoring
Types of personal data
Technical identifiers and technical metadata capable of relating to a natural person, and any data the Customer adds itself through the SDK API or through the third-party libraries with which it integrates the SDK
Categories of data subjects
End Users of the Customer’s Target Applications
Duration
The term of the Agreement, plus the retention period applicable to the plan
Kotzilla processes personal data only on the documented instructions of the Customer, which are constituted by the Agreement, by the configuration made by the Customer in the Console, and by any subsequent written instruction. Kotzilla informs the Customer where, in its opinion, an instruction infringes the GDPR or another provision of Union or Member State data protection law, and may suspend the execution of that instruction until it is confirmed or withdrawn.
Kotzilla ensures that the persons authorised to process the personal data are bound by a written confidentiality undertaking and are informed of the applicable obligations. Access is limited to the personnel who need it in order to supply the Service.
Kotzilla implements the technical and organisational measures appropriate to the risk required by Article 32 of the GDPR. The measures in force are described at https://kotzilla.io/security and in the privacy policy, and include encryption in transit and at rest, role-based access control, multi-factor authentication for production environments, logging of accesses, segregation of environments, backups and restoration procedures, and a documented incident response procedure. Kotzilla may vary those measures provided that the level of protection is not reduced.
The Customer grants Kotzilla a general authorisation to engage subprocessors. The current list is published at https://kotzilla.io/subprocessors. Kotzilla informs the Customer of any intended addition or replacement at least thirty (30) days in advance, by email or through the Console. The Customer may object on reasonable grounds relating to data protection within fifteen (15) days, in which case the Parties look for a solution in good faith and, failing a solution, the Customer may terminate the subscription concerned, with reimbursement of the fees paid in respect of the remainder of the Subscription Term.
Kotzilla imposes on each subprocessor obligations equivalent to those set out in these Terms and remains liable for its performance.
A.9 Transfers outside the European Union
Where a subprocessor is established outside the European Economic Area, the transfer is covered by an adequacy decision of the European Commission, including the EU-US Data Privacy Framework where the subprocessor is certified under it, or, failing that, by the standard contractual clauses adopted by Decision 2021/914/EU. The Customer mandates Kotzilla to enter into those clauses with each subprocessor on the Customer’s behalf, and Kotzilla provides a copy on written request.
Kotzilla assists the Customer in responding to requests from data subjects. Where a request is addressed directly to Kotzilla, it forwards it to the Customer without undue delay and does not respond to it itself, save where required to do so by law. The functions of the Console allow the Customer to access, export and delete the data of a Target Application.
Kotzilla notifies the Customer of any personal data breach affecting the personal data processed on its behalf without undue delay after becoming aware of it, and in any event within seventy-two (72) hours. The notification describes the nature of the breach, the data and data subjects concerned so far as known, the likely consequences and the measures taken. Kotzilla assists the Customer with its own obligations under Articles 33 and 34 of the GDPR.
Kotzilla assists the Customer, at the Customer’s reasonable request, with data protection impact assessments and prior consultation of the supervisory authority, so far as concerns the processing carried out by Kotzilla and in the light of the information available to it.
Kotzilla makes available to the Customer the information necessary in order to demonstrate compliance with these Terms, by answering reasonable written questions and by providing its security documentation. An on-site audit may be carried out once per twelve (12) months, subject to thirty (30) days’ written notice, during working hours, without disruption of the Service, at the Customer’s cost, and subject to the auditor entering into a confidentiality undertaking. Kotzilla may propose an independent audit report or certification in satisfaction of that request.
At the end of the Agreement, Kotzilla deletes the personal data processed on behalf of the Customer under the conditions and within the periods set out in Article 9.8 of the Terms and Conditions, namely within thirty (30) days of the end of the export period provided for in that Article. The Customer is responsible for exporting its data during the export period, using the functions of the Console. Kotzilla may retain data where required to do so by Union or Member State law, and in that case processes it only for the purpose of that obligation.
The Customer determines the purposes and means of the processing it carries out through the Platform and warrants that it has a legal basis for it, that it has provided the required information to the data subjects, and that its instructions comply with the applicable law. The Customer refrains from transmitting to the Platform, in particular through the SDK API or through the third-party libraries with which it integrates the SDK, any special category of data within the meaning of Article 9 of the GDPR, any data relating to criminal convictions and offences, and any data relating to children. The Customer indemnifies Kotzilla against any claim by a third party or any penalty imposed by a supervisory authority resulting from a breach of this article.
The liability of the Parties under these Terms is subject to the limitations and to the cap set out in the Terms and Conditions, save where a mandatory provision of law provides otherwise.
