Terms and Conditions

1. Provider and Scope

These General Terms and Conditions of Business and Use apply to the use of the website and to contracts between:

Datenturm GmbH Schemmener Straße 14 51647 Gummersbach Germany

Phone: +49 2261 9913991
WhatsApp: +49 155 60917334 Email: [email protected]

– hereinafter "Provider" – and its customers.

Our services are primarily aimed at businesses within the meaning of Section 14 of the German Civil Code (BGB). Contracts with consumers within the meaning of Section 13 BGB are only concluded if this is expressly provided for or confirmed in the individual quote.

Deviating terms of the customer only apply if we have expressly agreed to them in text form. Individual agreements and the respective quote take precedence over these terms.

2. Use of the Website

The website serves to provide information about our services, products and digital solutions, and to submit non-binding inquiries.

Users may only use the website in accordance with applicable law. In particular, the following are prohibited:

attacks on the technical infrastructure,
circumvention of access, security or rate-limiting measures,
automated queries on an inappropriate scale,
transmission of malware,
use of third-party identities or access credentials,
unlawful, insulting, discriminatory or harmful content,
infringement of copyright, trademark, personality or data protection rights,
use of the website to distribute spam or fraudulent offers.

We may temporarily or permanently block access if there are concrete indications of abusive or unlawful use.

3. Scope of Services

The Provider in particular provides services in the following areas:

individual software development,
web and app development,
e-commerce,
IT consulting and API development,
server, VPS and hosting services,
maintenance, support and IT security,
search engine optimization and online marketing,
Software-as-a-Service and digital platform solutions,
automation and AI-related business solutions,
provision of software and downloads.

The specific scope of services results exclusively from the individual quote, the service description, the order, the service plan or a separate agreement.

4. Website Inquiries and Conclusion of Contract

Selecting a product, adding it to the shopping cart, and submitting a contact, quote, server or shopping cart form are non-binding inquiries.

Submitting such a form does not result in a chargeable contract.

A contract is only concluded when:

the Provider sends the customer an individual quote in text form, and
the customer accepts this quote in text form within the specified period,

or when both parties conclude a separate contract.

An automatically sent acknowledgment of receipt only confirms receipt of the inquiry and does not constitute acceptance or confirmation of a contract.

5. Customer Accounts

Registering a customer account is free of charge and does not automatically result in a contract for chargeable services.

The customer must provide complete and accurate information. Access credentials must be kept confidential and protected from third-party access. Sharing access credentials is not permitted.

The customer must inform us without delay if they become aware of misuse or loss of their access credentials.

We may temporarily suspend an account if:

a security risk exists,
there is suspicion of misuse,
false identity or contact information has been used,
due payments remain outstanding despite a reminder,
there is a statutory or official obligation to do so.

The customer's statutory rights remain unaffected.

6. Quotes, Prices and VAT

Price information on the website is non-binding unless expressly designated as a binding offer.

Terms such as "from", "from monthly" or comparable phrases indicate starting prices. The final price depends on the actual scope of services and is stated in the individual quote.

Vis-à-vis businesses, prices are, unless stated otherwise, net prices plus statutory VAT.

Vis-à-vis consumers, the individual quote states the total prices including statutory VAT and all additional costs.

Setup, license, domain, third-party, usage, API, traffic, storage, hardware, shipping or other additional costs are only owed if they are listed in the quote or contract.

7. Payment

Unless otherwise agreed, invoices are due within 14 calendar days of receipt without deduction.

Payments are generally made by bank transfer or by a payment method agreed in the individual contract.

The customer falls into default in accordance with statutory provisions. In the case of businesses, we may claim the statutory default lump sum and default interest.

For ongoing services, we may, after a prior reminder and reasonable grace period, temporarily suspend the affected service if the customer is in default with a material payment. A suspension must not be disproportionate. Statutory rights of retention and termination remain unaffected.

8. Customer's Duties to Cooperate

The customer shall provide, in good time, all information, content, access, approvals, contacts and decisions required for the provision of services.

In particular, the customer is responsible for ensuring that:

provided content may be lawfully used,
necessary consents and rights are in place,
information and technical specifications are complete and correct,
approvals are given within agreed deadlines,
the customer's own systems and data are adequately secured,
access credentials and administrator rights are protected,
no unlawful data or content is provided.

Delays or additional effort caused by missing or delayed cooperation may result in a reasonable postponement of deadlines and – after prior notice – additional remuneration.

9. Project Services, Acceptance and Change Requests

For work performance, in particular individual software, website or app development, the agreed requirements and acceptance criteria apply.

Upon completion, we make the service available for review. The customer reviews it within a reasonable period and reports any concrete material defects.

Immaterial deviations that do not significantly impair the contractually intended use do not entitle the customer to refuse acceptance.

Change and enhancement requests not covered by the agreed scope of services are treated as change requests. Before implementation, we inform the customer of the effects on remuneration, deadlines and technical dependencies.

Partial acceptances may be agreed.

10. Delivery and Performance Times

Delivery and performance deadlines are only binding if expressly agreed as binding.

Deadlines are reasonably extended if:

the customer provides required cooperation late,
subsequent change requests arise,
third-party services fail,
unforeseeable technical obstacles occur,
a case of force majeure exists.

Statutory rights due to default remain unaffected.

11. Hosting, Servers, VPS and Technical Infrastructure

For hosting, server and VPS services, in particular computing power, memory, storage space, traffic, IP addresses, location, scope of administration and billing period result from the individual quote.

A specific availability, response time, recovery time or service level is only owed if expressly agreed in an SLA.

Necessary maintenance work may lead to temporary restrictions. Plannable maintenance is, where reasonable, announced in advance.

The Provider may take temporary technical measures to avert danger, comply with statutory requirements, or avoid significant impairment of third parties. This may include a short-term suspension if malware, attacks, spam or other significant risks originate from a customer's system.

Backups are only owed if expressly agreed. Unless a separate backup service is agreed, the customer remains responsible for its own, regularly tested data backups.

12. Permitted Use of Hosting and SaaS Services

The customer may not use the services for:

unlawful content or actions,
malware, phishing or fraudulent offers,
spam or unauthorized advertising,
attacks on third-party systems,
unlawful surveillance,
infringement of intellectual property rights,
content that violates personality rights or data protection law,
use that significantly impairs the stability or security of the infrastructure.

Upon concrete indications of a violation, we may request the customer to remedy it and, if immediate danger prevention is required, temporarily suspend the affected functions.

13. Domains and DNS Services

Domain availability displays are non-binding. A domain is only considered registered once the responsible registry or registrar has confirmed the registration.

For domain services, we may engage registrars or registries as technical vicarious agents. Their registration terms apply in addition.

The customer is responsible for:

correct registrant data,
lawful domain names,
timely cooperation with transfers,
required auth codes and approvals,
timely payment of renewal fees,
checking trademark and name rights.

Unless otherwise agreed, we do not owe permanent existence of a domain if the registry, registrar, an authority or a court rejects, suspends or revokes the registration.

14. Software-as-a-Service

For SaaS services, the customer receives, for the term of the contract, a simple, non-exclusive, non-transferable right of use limited to the agreed group of users.

The customer may in particular not:

reproduce or sub-license the application beyond the contractual scope,
circumvent protection mechanisms,
determine the source code by reverse engineering, unless this is mandatorily permitted by law,
pass on access to unauthorized third parties,
use the application for unlawful purposes.

The scope of functions, number of users, storage, API limits, support, term and data export depend on the agreed tariff.

15. Software Downloads and Updates

For downloadable software, the system requirements and rights of use stated in the quote, on the download page, or in separate license terms apply.

The customer may only use software within the contractually agreed scope.

Insofar as updates, maintenance or support are owed, their scope results from the respective contract. A claim to unlimited further development or compatibility with future operating systems only exists if expressly agreed.

Statutory update obligations towards consumers remain unaffected.

16. Rights of Use and Work Results

Until full payment has been made, all transferable rights of use remain with the Provider, unless otherwise agreed.

After full payment, the customer receives the rights of use specified in the quote. Without a special agreement, the customer receives a simple right of use, unlimited in time and place, for the contractually intended purpose.

Source code, open development files, design systems, internal tools, libraries, reusable modules, know-how and documentation are only transferred if expressly agreed.

Pre-existing components, standard modules and general know-how may continue to be used by the Provider in other projects, provided no confidential information of the customer is disclosed.

Open-source and third-party components are subject to their respective applicable license terms.

17. Customer Content and Rights

The customer grants us the rights of use necessary for contract performance in the provided content.

The customer warrants that it is entitled to use and disclose the content and that this does not infringe any third-party rights.

If we are held liable by third parties due to content provided by the customer, the business customer shall, to the extent legally permissible, indemnify us against justified claims and necessary costs. This does not apply insofar as the customer is not responsible for the infringement.

18. Confidentiality

Both parties shall treat non-public business, technical and organizational information of the other party as confidential.

This obligation does not apply to information that:

is already publicly known,
was demonstrably lawfully known to the receiving party beforehand,
was lawfully obtained from a third party,
was independently developed,
must be disclosed due to a statutory or official obligation.

Statutory confidentiality and data protection obligations remain unaffected.

19. Data Protection and Data Processing

Each party processes personal data under its own responsibility in accordance with applicable data protection laws.

If the Provider processes personal data on behalf of the customer, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR before processing begins. This shall in particular govern the subject matter, duration, instructions, technical and organizational measures, sub-processors, support obligations, notification of data breaches, and return and deletion of data.

The customer remains responsible for the lawfulness of the processing it initiates, compliance with information obligations, and the necessary legal bases.

20. Use of Subcontractors

We may engage qualified subcontractors insofar as this is necessary for contract performance.

Insofar as subcontractors process personal data on our behalf, the statutory requirements of Art. 28 GDPR and the agreed data processing terms apply.

The Provider's responsibility for the contractually owed service remains unaffected.

21. Support

Support channels, support hours, response targets and priorities depend on the respective quote or SLA.

Availability or personal handling around the clock is only owed if expressly agreed.

General contact options or automated assistance functions do not constitute a guaranteed 24/7 response time by staff.

22. Contract Term and Termination

Term and notice period result from the individual quote.

If a fixed minimum term is agreed in a contract with a business and no other renewal rule is specified, the contract is extended by the renewal period stated in the quote each time.

For consumers, only the statutory requirements and the term and termination conditions transparently communicated in the individual quote apply. Mandatory consumer rights remain unaffected.

The right to extraordinary termination for good cause remains unaffected.

Terminations require at least text form, unless a different form is legally prescribed.

23. Defect Rights

Statutory defect rights apply, insofar as nothing effectively deviating is agreed below.

For businesses, defects must be described as specifically and comprehensibly as possible. The Provider is first given the opportunity for subsequent performance.

A warranty for a specific economic success, a specific search engine ranking, a specific number of leads, revenue increases, or uninterrupted availability only exists if expressly guaranteed.

24. Liability

The Provider is liable without limitation:

for intent and gross negligence,
for injury to life, body or health,
under the Product Liability Act,
to the extent of an expressly assumed guarantee,
insofar as mandatory statutory liability exists.

In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the damage typically foreseeable at the time of conclusion of the contract. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.

Otherwise, liability for slight negligence is excluded, insofar as legally permissible.

Vis-à-vis businesses, liability for data loss due to slight negligence is limited to the typical recovery effort that would have arisen with proper and regular data backup.

The above limitations of liability also apply for the benefit of our officers, employees and vicarious agents.

25. Force Majeure

Neither party is liable for delays or failures resulting from events outside its reasonable sphere of influence. This may include in particular natural events, war, official measures, large-scale network failures, strikes, pandemics, failures of central supply or telecommunications networks, and significant cyberattacks.

The affected party shall inform the other party without delay and make reasonable efforts to mitigate the damage.

26. Set-Off and Right of Retention

Consumers may set off and exercise rights of retention in accordance with statutory provisions.

Businesses may only set off with undisputed, legally established or ready-for-decision counterclaims. A right of retention may only be exercised on account of claims arising from the same contractual relationship.

27. Consumer Dispute Resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

The former European platform for online dispute resolution was discontinued on 20 July 2025. A link to this platform is therefore not provided.

28. Applicable Law and Jurisdiction

German law applies.

For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of their country of habitual residence.

The UN Convention on Contracts for the International Sale of Goods is excluded for contracts with businesses.

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the Provider's registered office. The same applies if the business customer has no general place of jurisdiction in Germany.

29. Final Provisions

Amendments and supplements to the contract should be documented in text form. Individual agreements take precedence.

Should a provision be or become invalid, the statutory provisions shall apply in its place. The validity of the remaining provisions remains unaffected.

Last updated: 15 July 2026

Right of Withdrawal for Consumers

The following right of withdrawal only applies if you are a consumer and conclude a distance contract with us.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal, you must inform us:

Datenturm GmbH Schemmener Straße 14 51647 Gummersbach Germany Phone: +49 2261 9913991
WhatsApp: +49 155 60917334 Email: [email protected]

by means of a clear declaration, for example by letter or email, of your decision to withdraw from this contract.

You may use the model withdrawal form below for this purpose. Use of the form is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs, except for additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us.

Repayment will be made without undue delay and at the latest within fourteen days from the day on which your declaration of withdrawal is received by us.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise. In no case will you be charged any fees as a result of this repayment.

If you have requested that a service should begin already during the withdrawal period, you must pay a reasonable amount. This corresponds to the proportion of the services already provided up to the point at which you notify us of your withdrawal, compared to the total scope of services provided for in the contract.

Premature Expiry for Services

The right of withdrawal may expire prematurely for a service if:

we have fully performed the service,
we only began performance after you expressly agreed that we begin performance before the withdrawal period expires,
you have confirmed that you are aware that your right of withdrawal expires upon full performance of the contract.

Premature Expiry for Digital Content

For a contract for digital content not supplied on a physical medium, the right of withdrawal may expire if:

you have expressly agreed that we begin performance of the contract before the withdrawal period expires,
you have confirmed that you are aware that you thereby lose your right of withdrawal,
we have provided you with confirmation of the contract on a durable medium.

Model Withdrawal Form

To:

Datenturm GmbH Schemmener Straße 14 51647 Gummersbach Germany Email: [email protected]

I hereby give notice that I withdraw from my contract for the provision of the following service or the purchase of the following digital content:

Ordered on / contract concluded on:

Name of consumer:

Address of consumer:

Date:

Signature of consumer, only if this form is notified on paper: