General Terms and Conditions with Customer Information

Provider:

Name: Simon Daniel März
Company: “ProjectMakers” (Sole Proprietor)
Address: Steinweg 2, 34376 Immenhausen, Germany

Table of Contents

Scope of Application
Services of the Provider
Service Changes
Contract Conclusion
Right of Withdrawal
Granting of Usage Rights by the Provider
Granting of Usage Rights by the Customer
Customer Obligations
Content Moderation and Restriction
Remuneration and Payment Conditions
Contract Duration and Termination
Account Deactivation Due to Inactivity
Warranty
Liability
Indemnification
Confidentiality
Amendment of Terms and Conditions
Applicable Law, Jurisdiction
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "Terms") of Simon Daniel März, trading under "ProjectMakers" (hereinafter "Provider"), apply to all contracts for the provision of services in the field of Software-as-a-Service (hereinafter "SaaS") that a consumer or business (hereinafter "Customer") concludes with the Provider regarding the services presented by the Provider on its website. The subject of the contract is the paid, time-limited provision of software (hereinafter "Software") in digital form via the Internet as well as the provision of storage space on the Provider's servers for the duration of the contract. This excludes the inclusion of the Customer's own terms and conditions, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.3 A business within the meaning of these Terms is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

1.4 The Software may contain links to third-party services. These Terms do not apply to such services that are not provided by the Provider but by a third party. This also applies if the services are provided free of charge and/or if registration with the Provider is required for their use. For these services, exclusively the Terms used by the third party or the statutory provisions in the relationship between the Customer and the third party apply. The Provider merely facilitates technical access to these services.

2) Services of the Provider

2.1 The Provider provides the Customer with software in digital form via the Internet for the duration of the agreed contract term. For this purpose, it enables the Customer to access the software, which remains on the Provider's server. The scope of functions and technical specifications of the Software are described in more detail in the service description on the Provider's website. The Provider only owes the provision of the Software with the functionalities defined in more detail in the service description. In particular, the Provider does not owe the establishment and maintenance of the data connection between the Customer's IT system and the Provider's server.

2.2 The Software is updated by the Provider at irregular intervals. The Customer therefore only receives a usage right to the Software in its current version. The Customer has no right to bring about a specific state of the Software.

2.3 The Provider provides the Customer with limited storage space on its servers for using the Software. The scope of the storage space is described in more detail in the service description on the Provider's website.

2.4 The Provider provides the aforementioned services with an overall availability of 99.6%.

Availability is calculated based on the time attributable to the respective calendar month in the contract period minus maintenance times. The Provider will carry out maintenance work during low-usage times whenever possible.

2.5 The Provider takes measures for data backup in accordance with the state of the art. However, the Provider has no custody or care obligation. The Customer is responsible for adequate data backup themselves.

2.6 The Provider provides the Customer with operating instructions in electronic form.

2.7 The Provider offers additional support services. The content and scope of support services are detailed in the service description on the Provider's website.

3) Service Changes

3.1 The Provider reserves the right to change the services offered or to offer different services, unless this is unreasonable for the Customer.

3.2 The Provider furthermore reserves the right to change the services offered or to offer different services,

insofar as it is obligated to do so due to a change in the legal situation;
insofar as it thereby complies with a court judgment or administrative decision directed against it;
insofar as the respective change is necessary to close existing security gaps;
if the change is merely advantageous for the Customer; or
if the change is purely technical or procedural in nature without significant impact for the Customer.

3.3 Changes with only insignificant influence on the Provider's services do not constitute service changes within the meaning of this clause. This applies in particular to changes of a purely graphical nature and the mere change in the arrangement of functions.

4) Contract Conclusion

4.1 The services described on the Provider's website do not constitute binding offers by the Provider, but serve to enable the Customer to make a binding offer.

4.2 The Customer can submit the offer via the online order form provided on the Provider's website. By entering their personal data and clicking the button that concludes the ordering process, the Customer submits a legally binding contract offer regarding the selected services.

4.3 The Provider can accept the Customer's offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
by requesting payment from the Customer after submission of their order.

If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Provider does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

4.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable in the online ordering process, the Provider hereby declares acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the ordering process.

4.5 When submitting an offer via the Provider's online order form, the contract text is stored by the Provider after contract conclusion and transmitted to the Customer in text form (e.g., email, fax or letter) after submission of their order. The Provider does not make the contract text accessible beyond this. If the Customer has set up a user account for the Provider's website before submitting their order, the order data is archived on the Provider's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

4.6 Before bindingly submitting the order via the Provider's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

4.7 German is available for contract conclusion.

4.8 Order processing and contact usually take place by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the Provider can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Provider or by third parties commissioned by the Provider with order processing can be delivered.

5) Right of Withdrawal

Consumers are generally entitled to a right of withdrawal. More detailed information about the right of withdrawal can be found in the Provider's withdrawal notice.

6) Granting of Usage Rights by the Provider

The Provider owns all usage rights necessary for providing the Software. Unless otherwise specified in the service description on the Provider's website, the Provider grants the Customer a non-exclusive, non-transferable usage right to the Software, limited to the duration of the contract, to use the Software for private and business purposes within the framework of these Terms. Any use of the Software beyond this is not permitted.

7) Granting of Usage Rights by the Customer

The Provider is entitled to use content and information provided to it by the Customer for the service within the framework of its contractual obligations and whose processing is necessary for proper service provision. The Customer grants the Provider the necessary usage rights free of charge, non-exclusively and limited to the duration of the contract, in particular the right to permanent storage and retention, the right to reproduction as well as the right to edit, and assures that it is entitled to grant these usage rights.

8) Customer Obligations

8.1 The Customer ensures that the hardware and software they use, including workstations, routers, data communication devices, etc., meets the minimum technical requirements for using the currently offered software version.

8.2 The Customer is obligated to protect and secure the access data provided to them from access by third parties according to the state of the art. The Customer ensures that use only occurs within the contractually agreed scope. Unauthorized access by third parties must be reported to the Provider immediately.

8.3 The Customer may not store data on the provided storage space whose use violates applicable law, official requirements or orders, third-party rights, or agreements with third parties.

8.4 The content stored by the Customer on the storage space designated for them may be protected under data protection law. The Customer examines at their own responsibility whether their use of personal data complies with data protection requirements.

8.5 The Customer is responsible for regularly making appropriate data backups at their own responsibility.

8.6 The Customer is obligated to check their data and information for viruses or other harmful components before input and to use measures corresponding to the state of the art (e.g., virus protection programs) for this purpose.

8.7 The Customer ensures that programs, scripts, etc. installed by them do not endanger the operation of the Provider's server or communication network or the security and integrity of other data stored on the Provider's servers.

8.8 If programs, scripts, etc. installed by the Customer endanger or impair the operation of the Provider's server or communication network or the security and integrity of other data stored on the Provider's servers, the Provider may deactivate or uninstall these programs, scripts, etc. If eliminating the danger or impairment requires it, the Provider is also entitled to interrupt the connection of the content stored on the server to the Internet. The Provider will inform the Customer about this measure immediately.

9) Content Moderation and Restriction

9.1 The Provider is generally not obligated to proactively check content posted by Customers for legality or compatibility with third-party rights or these Terms. Nevertheless, the Provider reserves the right to examine Customer content for legality in individual cases on its own initiative and to take measures according to the following provisions in case of identified violations.

9.2 Customers and affected third parties can report allegedly illegal content to the Provider using the contact information in the Provider's imprint (e.g., by email). The Provider is free to forward the content of a report to the Customer who posted the reported content. The identity of the reporting person is only disclosed to the Customer if this is absolutely necessary.

9.3 In case of reports and within the framework of checks possibly carried out on the Provider's own initiative, human content control generally takes place. In individual cases, automated technical examination procedures may be used supplementarily.

9.4 If illegality of content published by the Customer is determined following a report or within the framework of an examination on the Provider's own initiative, the Provider is entitled to take one or more of the following measures at its reasonable discretion, even without prior announcement or contact:

Warning of the publishing Customer,
temporary blocking or permanent deletion of the affected content,
temporary or permanent suspension of contractually assumed obligations,
termination of the contractual relationship (ordinary or extraordinary for good cause).

9.5 When choosing the measures to be taken, the Provider will consider the principles of proportionality and weigh the interests of the affected Customer against its own interests in the unimpeded, trouble-free and integral continuation of its business activities. Criteria considered when imposing a measure are:

the statement and meaning content of the specific content and its potential for violation or endangerment,
the frequency of publication of inadmissible content by the Customer,
the ratio of publication of inadmissible content by the Customer to their other use of services,
if recognizable, the intentions pursued by the Customer with the publication of inadmissible content,
if recognizable, the existence and degree of fault of the publishing Customer.

9.6 If Customers frequently submit obviously unfounded reports or complaints, the Provider suspends processing of reports and complaints from these Customers for an appropriate period after prior warning.

10) Remuneration and Payment Conditions

10.1 Unless otherwise stated in the Provider's service description, the prices stated are total prices that include statutory value-added tax.

10.2 The payment options and payment modalities are communicated to the Customer on the Provider's website.

10.3 When selecting a payment method offered via the "PayPal" payment service, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Provider also offers payment methods via PayPal where it makes advance payments to the Customer (e.g., purchase on account or installment payments), it assigns its payment claim to PayPal or to the payment service provider specifically named to the Customer and commissioned by PayPal. Before accepting the Provider's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The Provider reserves the right to refuse the Customer the selected payment method in case of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payments with debt-discharging effect to PayPal or the payment service provider commissioned by PayPal.

10.4 When selecting a payment method offered via the "Stripe" payment service, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer on the Provider's website. To process payments, Stripe may use additional payment services for which special payment conditions may apply, to which the Customer may be separately notified. Further information about Stripe is available on the Internet at https://stripe.com/de.

11) Contract Duration and Termination

11.1 The contract is concluded for an indefinite period, but at least for the minimum term evident from the service description on the Provider's website. The contract can be terminated during the minimum term with one month's notice to the end of the minimum term and after expiry of the minimum term at any time with one month's notice.

11.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.

11.3 Terminations can be made in writing, in text form (e.g., by email) or electronically via the termination device (termination button) provided by the Provider on its website.

11.4 Upon contract termination, the Customer loses access to their user account. Furthermore, upon contract termination, the Provider's obligation to store the Customer's uploaded data also expires.

12) Account Deactivation Due to Inactivity

12.1 The Provider operates with limited resources for free user accounts and is committed to maintaining service quality for active users. To ensure efficient resource allocation and system performance, the Provider reserves the right to deactivate free user accounts that remain inactive for an extended period.

12.2 A free user account is considered inactive if the Customer has not logged into their account or used any of the Provider's services for a continuous period of three (3) calendar months. The Provider will monitor account activity through login records, service usage, and other legitimate indicators of active use.

12.3 Before deactivating an inactive free user account, the Provider will send a notification email to the email address associated with the Customer's account at least seven (7) days prior to the intended deactivation date. This notification will inform the Customer of the impending deactivation and provide instructions on how to reactivate their account by logging in or using the services.

12.4 Upon deactivation, the Customer will lose access to their user account and all associated services. However, the Provider will retain the Customer's account data and uploaded content for a grace period of fourteen (14) calendar days following deactivation. During this grace period, the Customer may reactivate their account by contacting the Provider's support team or by following the reactivation instructions provided in the deactivation notification email.

12.5 If the Customer does not reactivate their account within the fourteen (14) day grace period, the Provider reserves the right to permanently delete the account and all associated data, including but not limited to user profiles, uploaded content, settings, and any other information stored in connection with the account. This deletion is irreversible.

12.6 Customers with paid subscriptions or premium accounts are exempt from this automatic deactivation policy. This section applies exclusively to free user accounts as defined in the Provider's service description.

12.7 The Provider will make reasonable efforts to send notifications to the Customer's registered email address, but is not liable if such notifications are not received due to incorrect email addresses, spam filters, or other technical issues beyond the Provider's control. It is the Customer's responsibility to maintain current and accurate contact information.

13) Warranty

If the Customer acts as a consumer, the provisions of statutory warranty apply.

If the Customer acts as a business, the provisions of statutory warranty apply taking into account the following restrictions.

13.1 The Customer must report occurring defects, malfunctions or damages to the Provider immediately.

13.2 The warranty for only insignificant reductions in the suitability of the service is excluded.

13.3 The fault-independent liability according to § 536a Para. 1 BGB for defects that already existed at the time of contract conclusion is excluded.

13.4 Termination by the Customer due to non-granting of contractual use is only permissible if the Provider has been given sufficient opportunity to remedy defects and this has failed. Failure of defect remediation is only to be assumed if it is impossible, if it is refused by the Provider or unreasonably delayed, if there are justified doubts about the prospects of success, or if unreasonableness for the Customer exists for other reasons.

14) Liability

14.1 The Provider is liable for damages and reimbursement of expenses from all contractual, quasi-contractual and statutory, including tortious claims as follows:

14.2 The Provider is liable without limitation from any legal ground

in case of intent or gross negligence,
in case of intentional or negligent injury to life, body or health,
due to a guarantee promise, unless otherwise regulated,
due to mandatory liability such as under the Product Liability Act.

14.3 If the Provider negligently violates an essential contractual obligation, liability is limited to the contractually typical, foreseeable damage, unless unlimited liability applies according to the above clause. Essential contractual obligations are obligations that the contract imposes on the Provider according to its content for achieving the contractual purpose, whose fulfillment enables the proper performance of the contract in the first place, and on whose compliance the Customer may regularly rely.

14.4 Otherwise, the Provider's liability is excluded.

14.5 The above liability regulations also apply with regard to the Provider's liability for its vicarious agents and legal representatives.

15) Indemnification

The Customer indemnifies the Provider against all claims that other Customers or other third parties assert against the Provider due to violation of their rights based on content posted by the Customer or due to their other use. The Customer also assumes the necessary costs of legal defense including all court and attorney fees at the statutory rate. This does not apply if the legal violation is not attributable to the Customer. The Customer is obligated to provide the Provider immediately, truthfully and completely with all information necessary for examining the claims and defense in case of claims by third parties.

16) Confidentiality

The Provider undertakes to maintain confidentiality regarding all confidential information of which it becomes aware in connection with this contract and its implementation and not to disclose it to third parties. Confidential information is that which is marked as confidential or whose confidentiality results from the circumstances, regardless of whether it has been communicated in written, electronic, embodied or oral form. The confidentiality obligation does not apply insofar as the Provider is legally obligated or due to final or legally binding administrative or court decisions to disclose the confidential information.

17) Amendment of Terms and Conditions

17.1 The Provider reserves the right to change these Terms at any time, provided the Customer agrees to the change.

17.2 The Provider furthermore reserves the right to change these Terms without the Customer's consent,

insofar as it is obligated to do so due to a change in the legal situation;
insofar as it thereby complies with a court judgment or administrative decision directed against it;
insofar as it introduces additional, entirely new services, services or service elements that require a service description in the Terms, unless the existing usage relationship is thereby adversely changed;
if the change is merely advantageous for the Customer; or
if the change is purely technical or procedural in nature, unless it has significant effects for the Customer.

17.3 The Provider will inform the Customer in a timely and appropriate manner about substantial changes to these Terms. Substantial are those changes that would significantly shift the contractual relationship to the Customer's disadvantage or would be equivalent to concluding a completely new contract. These include, for example, regulations on the type and scope of the service or on contract duration and termination modalities.

17.4 The Customer's right of termination remains unaffected by this.

18) Applicable Law, Jurisdiction

The law of the Federal Republic of Germany applies to all legal relationships of the parties. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

19) Alternative Dispute Resolution

The Provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.