Every dispute you raise must go to private arbitration under German Arbitration Institute rules, seated in Berlin, before a single arbitrator, with the ordinary courts expressly shut out. Adjust, however, keeps the right to take you to court in individual cases. That one-sided design is the core problem: the company keeps both doors open while you have only one, and it leads to Berlin regardless of where your business is. Nothing is said about who pays the arbitration costs, and there is no small claims or low-value carve-out.
Account rules are balanced for a business contract. Termination for breach requires a written warning and a 30 day chance to fix the problem, and suspension comes with written notice and an express promise to keep it as narrow and short as possible. The weak points are that suspension cuts off access to your own data, there is no described export tool, and your data is deleted within 60 days of the contract ending.
Ownership is handled well: you keep full ownership of the data you generate and of the reports the service produces, and the licence you grant Adjust is tied to actually delivering the service during the contract term. Two clauses tilt the other way. Any feedback or feature request you send becomes Adjust's to use forever, and Adjust may use your company logo for its own marketing unless you negotiate that out.
The billing terms are the most aggressive part of this contract. The agreement renews itself for another full year unless you give notice 45 days before expiry, and the price rises automatically by 10% at every single renewal with no cap and no separate consent. You prepay the entire term, you owe the fee whether or not you use the service, you cannot downgrade mid-term, and refunds exist only when Adjust is at fault or Adjust ends the contract.
The agreement is clearly structured, defines exactly who the parties are, and sets a plain order of precedence between the Order Form, the appendices and these terms. Acceptance normally happens through a signed Order Form via DocuSign or wet signature, which is far stronger evidence of agreement than a buried website link. The scope is limited to a named, well described service, and the document states plainly that it is only for business customers.
Changes to the contract are handled unusually well. Adjust must give at least 30 days notice in text form before an update takes effect, must expressly point out what happens if you stay silent, and you have a real right to object during that window. Technical changes to the product itself may not reduce functionality, performance, availability or security. The page also carries a last updated date and a list of earlier versions.
This is a standard German liability clause, which is more protective than the typical American blanket disclaimer. Adjust stays fully liable for intent and gross negligence, and liability for injury to life, body or health, warranty claims and product liability cannot be limited at all. For ordinary negligence the cap is the greater of twelve months of fees or EUR 200,000, which is a real number. The drawbacks are the exclusion of lost profits, a one year deadline for slight negligence claims, and an availability promise that is undercut by the clause saying outages beyond Adjust's control do not affect contractual conformity.
This is the strongest part of the document. A full Article 28 GDPR processing agreement is attached, with a named list of sub-processors, a three week advance objection window before new sub-processors are added, Standard Contractual Clauses for transfers outside the EEA, documented security measures, audit rights and prompt breach notification. Adjust also commits to collecting only data that is mandatory for the service and bans the use of the platform for special-category personal data.
The indemnity clause is mutual and fault-based, which is close to best practice. Adjust protects you against third-party claims that its platform infringes someone's intellectual property, and you protect Adjust only where you used the service in breach of the agreement. Whoever owes the indemnity also runs and pays for the defence, neither side can settle without the other's consent, and the whole clause sits under the liability caps rather than being unlimited.