OpenGander

Terms of Service

Last updated: January 20, 2026

1. Introduction

These Terms of Service ("Terms") constitute a legal agreement between you and Baldwin MN LLC, a Minnesota limited liability company ("Baldwin MN LLC," "we," "us," or "our"), governing your use of the OpenGander marketing analytics platform and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

2. Service Description

OpenGander is a marketing analytics platform that provides:

  • First-party data collection via JavaScript and server-side SDKs
  • Analytics dashboard and reporting
  • SQL query access to collected data
  • Integrations with third-party analytics platforms

3. Account Registration

To use the Service, you must:

  • Provide a valid email address
  • Be at least 18 years of age or have authorization from a parent or guardian
  • Maintain the security of your account credentials
  • Promptly notify us of any unauthorized access to your account

You are responsible for all activities that occur under your account.

4. Acceptable Use

You agree to use the Service only for lawful purposes. You shall not:

  • Use the Service for any illegal activity
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use automated means to access the Service without authorization
  • Interfere with or disrupt the Service or its infrastructure
  • Attempt to gain unauthorized access to other accounts or systems
  • Collect data in violation of applicable privacy laws
  • Resell or redistribute the Service without written authorization

5. Customer Responsibilities

When using our SDKs to collect data from your end users, you must:

  • Disclose data collection practices in your privacy policy
  • Obtain any consents required by applicable law (including GDPR, CCPA, and other privacy regulations)
  • Refrain from using the SDK to collect sensitive personal information without appropriate legal basis
  • Comply with all applicable laws regarding data collection and processing

You acknowledge that you are the data controller for information collected through your use of our SDKs, and Baldwin MN LLC acts as a data processor on your behalf.

6. Intellectual Property

6.1 Our Property

Baldwin MN LLC owns all rights, title, and interest in and to the Service, including the platform, dashboard, documentation, trademarks, and proprietary technology. You may not copy, modify, or create derivative works of the Service except as expressly permitted.

6.2 Your Data

You retain all rights to data you collect through the Service. We do not claim ownership of your analytics data.

6.3 Open Source Components

Certain SDK components are released under the MIT License and are governed by that license's terms.

7. Fees and Payment

OpenGander is currently offered at no cost during beta. When paid plans are introduced:

  • Fees will be billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law
  • We will provide at least 30 days' notice before introducing or changing fees
  • Failure to pay may result in suspension or termination of your account

8. Service Availability

We endeavor to maintain high availability but do not guarantee uninterrupted or error-free service. We may:

  • Perform scheduled or emergency maintenance
  • Modify or discontinue features with reasonable notice
  • Experience service interruptions due to circumstances beyond our control

Beta features are provided "as is" and may be changed or discontinued without notice.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • BALDWIN MN LLC'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
  • IN NO EVENT SHALL BALDWIN MN LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

11. Indemnification

You agree to indemnify, defend, and hold harmless Baldwin MN LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service
  • Your breach of these Terms
  • Your violation of any third-party rights
  • Data you collect through the Service

12. Termination

Either party may terminate this agreement at any time:

  • You may close your account through the dashboard or by contacting us
  • We may suspend or terminate accounts that violate these Terms
  • Upon termination, you will have 30 days to export your data
  • We may delete your data after the export period

Sections 6, 9, 10, 11, 13, and 14 shall survive termination.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Minnesota, and you consent to the personal jurisdiction of such courts.

14. Changes to Terms

We may modify these Terms from time to time. For material changes, we will provide at least 30 days' notice via email or dashboard notification. Your continued use of the Service after the notice period constitutes acceptance of the modified Terms. If you do not agree to any modifications, you must discontinue use of the Service and close your account.

15. General Provisions

  • Entire Agreement — These Terms, together with our Privacy Policy, constitute the entire agreement between you and Baldwin MN LLC regarding the Service.
  • Severability — If any provision of these Terms is found unenforceable, the remaining provisions shall remain in effect.
  • Waiver — Failure to enforce any provision shall not constitute a waiver of that provision.
  • Assignment — You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16. Contact Information

For questions about these Terms:

Baldwin MN LLC
Email: [email protected]