1. General, authority to amend, scope of application
The General Terms and Conditions (GTC) shall govern the legal relationship between Webmag GmbH (hereinafter: Webmag) and its customers (hereinafter: Customer) regarding the provision of Webmag software via the Internet (SaaS), including hosting services for Webmag products. These special conditions include, among others, the Google Cloud Agreement, which is available at https://cloud.google.com/terms?hl=de and https://cloud.google.com/storage/sla?hl=de and to which the Customer consents by agreeing to the GTC.The General Terms and Conditions (GTC) shall govern the legal relationship between Webmag GmbH (hereinafter: Webmag) and its customers (hereinafter: Customer) regarding the provision of Webmag software via the Internet (SaaS), including hosting services for Webmag products.
These special conditions include, among others, the Google Cloud Agreement, which is available at https://cloud.google.com/terms?hl=de and https://cloud.google.com/storage/sla?hl=de and to which the Customer consents by agreeing to the GTC.
The software is operated by Webmag as an SaaS solution. The Customer shall be able to use the software stored and running on the servers of the provider or a service provider commissioned by the provider via an Internet connection for his own purposes during the term of this contract and to store and process his own data with the assistance of such provider. These contractual conditions apply exclusively to companies within the meaning of §14 BGB (German Civil Code).
These GTC apply exclusively, which the Customer accepts upon conclusion of the contract. Any terms and conditions of the Webmag Customer that conflict with or deviate from these GTC shall not be recognised unless Webmag has expressly agreed to their validity in writing, even if Webmag accepts an order from the Customer in which the Customer refers to his terms and conditions and/or encloses the general terms and conditions and Webmag does not object to such.
Webmag reserves the right to modify the products and services provided at any time within reasonable limits and to inform the Customer thereof. The GTC shall remain in full force and effect even in the event of an amended offer of services, unless a deviating provision has been expressly agreed in writing.
2. Subject matter of the services and general obligations of the Customer to cooperate
Webmag develops and distributes software that is made available to the Customer upon conclusion of the contract within the agreed framework for a contractually agreed period (Software as a Service). Webmag provides its software that enables the Customer to create, edit and publish digital media. The Customer will receive an account for this purpose (hereinafter: Account) where the Customer can manage his media. The software enables Customers to create digital media and make them available to the public or segments of the public on the Internet. In the following, the collective term of digital media includes all results arising from the use of Webmag, including digital publications and, notably, websites. Technically, all the results that can be created with Webmag are websites and are treated as such accordingly. The conditions for this service are stipulated under clause 3 “Specific description of service: SaaS”.
Besides the provision of the software, Webmag will provide the storage space required to create digital media for the duration of the contractual relationship. At the same time, Webmag shall provide Customers with a subdomain that can be used by the Customer for the publication. The conditions for this service are specified in clause 4 "Specific description of service for hosting" Webmag reserves the right to provide the specified services or individual components thereof via third parties at any time and to any extent.
Webmag also provides related services. The conditions for this shall be specified in the "Additional contractual terms and conditions of Webmag GmbH for the provision of services".
To register, the Customer must enter their email address, choose a name for the URL of their publications (subdomain) and create a password. Each Account includes access to the editor provided by Webmag in which media can be created. Customers are free to choose the name of the subdomain, assuming the availability of the respective name. However, the Customer has no right to be granted specific subdomain names. Webmag reserves the right to reject names for subdomains without giving reasons. Webmag also reserves the right to subsequently change the names of subdomains, provided that reasonable grounds for such change exists and these have been communicated to the Customer. Webmag shall not check if a domain requested by the Customer or an existing domain is free of third-party rights or whether it will be maintained in the long term; this shall be at the sole responsibility of the Customer. The Customer declares that, to the best of his knowledge, no rights of third parties are infringed by the registration or transfer of a domain name.
The Customer may only use the media created in Webmag within the framework of Webmag. It is expressly prohibited to store the media on third-party IT systems, to use them and/or to make them publicly available. The exception is the contractually agreed acquisition of the media created for this purpose after the termination of the contractual relationship.
Webmag may use the services of a third party to provide services, in particular for the provision of server capacity. In this case, Webmag reserves the right to change the server provider at any time, insofar as the Customer suffers no significant disadvantage as a result. The Customer has no claim to the selection of a specific server provider, a specific server configuration or location.
3. Specific description of service: SaaS
Webmag shall transfer to the Customer a single, non-exclusive, time-limited and non-transferable right to use the software forming the subject matter of the contract. The licence includes, in particular, a software editor to create digital media on a website. The editor consists of machine-readable instructions, audiovisual content and the respective licence materials. The software shall remain the property of Webmag at all times
The Customer shall receive a licence to use to access the editor online. Use of the licence outside the subject matter of the licence, in particular for other online and offline media, is not permitted.
The subject matter, content and scope of the licence are specified in more detail in the respective service offer.
Webmag is not responsible for guaranteeing the data connection between the transition point and the Customer's IT systems. It is the Customer's responsibility to create the technical requirements for the online use of the software. The Customer shall observe the industrial property rights including the copyrights of Webmag and the copyrights of third parties. The Customer is not permitted to copy, modify, translate, decompile or disassemble the software or components thereof.
The Customer may not grant sublicences and/or rent, lease or in any other way allow third parties to use the services purchased or the software. The parties may deviate from this by concluding a separate agreement, in which case the terms and conditions, in particular regarding remuneration, liability and obligations of the Customer, shall also apply.
If the contractual use is impaired by third-party rights, Webmag shall be entitled to modify or replace the software or components of the software or other services at its own expense.
The Customer may use the templates and modules provided in the editor at its own discretion. Insofar as graphic elements, images, text, animations, design templates are provided via the editor, the Customer shall have the right to use this content online for the duration of the respective contract and in connection with the web presence created under this contract. Any further use is not permitted. In particular, it is prohibited to copy and otherwise use the content provided.
Webmag is continuously developing and upgrading the software components. Outdated versions may also be removed from the product offer. Modifications to the templates and modules included in the offer may result in changes to media already created by the Customer. The modifications will only be made within the scope of what is reasonable for the Customer, also after due consideration of the interests with other customers. This restriction shall not apply if the changes are mandatory due to legal requirements. The Customer has no right to continue using outdated versions, services and functions, provided this does not represent an unreasonable disadvantage for him.
Voluntary and gratuitous services may be amended by Webmag at any time. The Customer has no entitlement to the continuation of gratuitous services.
The Customer shall ensure that all persons who use the software comply with this licence agreement.
The Customer may integrate services from third-party providers into the product. The general terms and conditions and data protection declarations of the third-party provider shall apply here. Webmag hereby notifies the Customer that such products are third-party offers and not products and offers supplied by Webmag. The services of the third-party provider do not become part of the contractual relationship between the parties and the Customer shall derive no rights from such services with respect to Webmag.
Webmag will carry out maintenance work on the software at regular intervals, during which the Customer will be unable to access his Account. Webmag shall carry out such maintenance work during periods of reduced use and shall notify the Customer thereof with a minimum notice period of 24 hours, unless an emergency or legal obligations require urgent and mandatory action.
The Customer has no right to demand that the same IP address be assigned to the servers used to provide the services for the entire term of the contract.
4. Specific description of service for hosting
Webmag provides storage capacity on a virtual server along with the SaaS service. In this respect, the GTCs and SLAs of Google Cloud apply in addition, which are available at https://cloud.google.com/terms?hl=de and https://cloud.google.com/storage/sla?hl=de.
Technical support services are not included in web hosting.
An annual average of 99% accessibility to the Internet infrastructure is guaranteed. This shall not apply to downtimes for which Webmag or third parties commissioned by Webmag are not responsible. If the security of the network operation or the maintenance of network integrity is at risk, Webmag or a third party commissioned by it may, notwithstanding the foregoing, temporarily restrict access to the services as appropriate.
The Customer shall use the services purchased for their intended purpose. Unless otherwise agreed, the contractual services may only be used within the framework of these GTC. Intended use therefore includes use in the context of the creation of communication materials, e.g. publications or websites of an informative nature, but not, for example, the direct or indirect use of a website, a publication or other components of the services as a storage medium for extraneous content or as a peer-to-peer network. The storage of content such as images or videos without reference to the publication or website or the creation of an extraneous database or a similar extraneous use is also not included in the intended use.
The size of a medium, publication or website is limited to 150 pages or articles and the available web space per licence is limited to four gigabytes (4 GB), unless otherwise contractually agreed.
Webmag creates regular backups of the media edited in the editor and of the design on its web servers or on the web server of a third-party service provider. Customers are also responsible for the regular backup of their own data used within the editor. In particular, content such as text and images should not be stored exclusively on the Webmag servers. Webmag is under no obligation to create backup copies of the individual data elements.
5. Copyright and rights of use
The Customer declares that they own the sole copyright to all the content they upload to their Account, or which the Customer creates in such Account or that they are otherwise entitled to use the content in connection with Webmag, e.g. through a corresponding licence or permission from the rights holder.
The Customer must grant Webmag rights of use for the reproduction, processing and public accessibility of its content to enable Webmag to provide the services for the creation of media and websites using text, images and, where applicable, videos. By posting content, the Customer shall, in each case, grant Webmag a free right of use to the respective content, in particular:
to store the content on the servers used by Webmag and to publish it, in particular to make the content publicly accessible (e.g. by displaying the content on the Webmag website).
to edit and reproduce, insofar as this is necessary to provide or publish the respective content.
The transfer of the rights of use shall be valid for as long as the contract remains in force. Webmag shall have no right to use the Customer's content in any context other than for the Customer's use or even to disclose, rent or sell it to third parties. The personal copyright of the author remains unaffected.
6. Payment terms
The Customer shall owe Webmag the respective contractually agreed fees for the use of the services during the term of the contract.
Fees for the SaaS services and the hosting services are due in advance at the start of the contract after the end of the trial period. If a monthly payment is agreed, the fees shall be due in advance at the beginning of each month.
If a six-monthly or annual payment is agreed, the respective fees shall, in each case, be due in advance at the beginning of the respective billing period.
Costs for additional services, e.g. the creation of media, the adaptation of components or search engine optimisation are calculated based on outlay and effort within the framework of an individual offer approved by the Customer (offer confirmation) and billed accordingly. Invoice amounts shall be paid in full to Webmag within 14 days of receipt of the invoice, unless otherwise contractually agreed. Invoices will be sent to the Customer by email. Invoices may be sent by post on request for a fee of €2.50 per invoice.
All prices are net and are subject to the applicable rate of VAT.
Payment of the agreed fees may be carried out using the payment method specified during registration. For payment by direct debit, the Customer shall grant Webmag a SEPA basic direct debit mandate and shall submit an express declaration to enable Webmag to debit the agreed fees directly from the Customer's Account. The Customer shall ensure a sufficient amount of cover in the Account specified. Webmag reserves the right to charge the Customer for any expenses incurred due to insufficient funds in the Account (in particular chargebacks).
Webmag reserves the right to process payments via external payment service providers, e.g. PayPal or Stripe. The Customer agrees that Webmag may accept payments via these service providers or that the corresponding service providers may debit the agreed fees. In the case of a bank transfer, the payment must be sent to the payment service provider specified in the payment process.
If a payment method is stored in the contract through which the costs for the contract extension will be automatically debited, Webmag shall automatically debit the invoice amount due on the day of the contract extension, provided the Customer has granted consent to do so. If an automatic debit is not possible, the Customer will receive a payment request on the day of the contract extension. Payment for the new contractual period must be made within 14 days.
The Customer should check invoices and payments made via direct debit procedures for correctness, and report any discrepancies and assert claims within eight weeks. If the Customer fails to raise any objections with Webmag within this period, the invoice or payment shall be deemed to have been accepted.
If the Customer is in default of payment of the fees or a not insignificant portion of the fees for two calendar months, Webmag reserves the right to block access to the service or to proceed to an extraordinary termination of the contract following a corresponding warning by email or letter. The Customer shall have no access to the data stored in the service while access to the service is blocked. In the event of termination, the provisions regarding termination shall apply.
Should a Customer default on their payment obligations, Webmag shall be entitled to charge a reminder fee of €2.50 for each reminder. Webmag reserves the right to assert further claims owing to a default in payment.
Webmag reserves the right to increase or reduce the prices agreed with the Customer in each case upon expiry of at least 12 months since the effective date of the previous price change (but for the first time no earlier than 12 months after conclusion of the contract) which will enter into force from the start of the following extension period. Price increases may not exceed 5% per year of the contract, unless Webmag's labour costs for providing the service have exceeded 5% per year of the contract. The amended prices shall become effective if (i) Webmag notifies the Customer of such in advance in writing or by email at least six weeks prior to the entry into force of such and (ii) the Customer does not object to the increases in writing or by email within six weeks of notification. Webmag shall again refer to this legal consequence separately upon the announcement of any price changes. If the Customer objects, the previous prices shall continue to apply. Webmag reserves the right to terminate the contract with due notice.
7. Contract duration and termination
The Customer shall register for the service via the Webmag website, and must consent to the data protection provisions and agree to be contacted by Webmag using the contact details submitted during and after the end of the trial period. When registering, the Customer also agrees to receive a newsletter to their stored email address and has the option to unsubscribe from the newsletter.
Unless otherwise agreed, a contract between Webmag and the Customer shall be concluded upon completion of the registration process. The sending of a registration request, e.g. via the registration form on https://webmag.io/, is considered to be an offer to conclude a contract. The registration process shall only be deemed to have been successfully completed following the respective notification from Webmag in writing or by email. The contract is concluded upon receipt of the registration confirmation by the Customer, however, no later than upon the activation of the Account by the Customer.
Webmag offers the Customer a range of service packages. The different prices and corresponding differences in performance can be viewed on the https://webmag.io website. The scope of services based on the information provided during registration or the offer agreed in writing and accepted by the Customer during the validity period shall be valid.
(1) Free trial period. The 14-day trial period shall commence upon conclusion of the contract. There are no set-up, basic or usage fees during the trial period. The contract shall automatically end upon expiry of the trial period if the Customer fails to place an explicit order for the service for a subsequent further term. The Customer will be notified of this prior to the end of the trial period. (2) Term If the Customer orders the service for a further term, the basic shall commence upon the expiry of the trial period. Depending on the agreement, the contract is concluded for a specific term ("basic term"), e.g. monthly, six months, 12 months, and will be automatically extended by the same period ("extension period") if the contract has not been terminated by either party with four weeks' notice to the end of the basic or extension term. (3) Change to the service package The Customer has the option to change the service package. Customers may upgrade the service package at any time. The Customer must notify Webmag of the wish to downgrade the service package no later than four weeks before the end of the contractual term. A new basic term will be fixed upon the downgrade of the service package.
The obligations in electronic business transactions, in particular pursuant to § 312g para. 1 no. 1, 2, 3 and § 312g para 1 sentence 2 BGB (German Civil Code), regarding contracts with end customers, are hereby waived.
Termination must be made either in writing or alternatively in text form (e.g. email). If the Customer terminates the contract via email, termination must be carried out using the email address submitted by the Customer to ensure the authenticity of such termination.
The right to extraordinary termination remains unaffected. A serious reason is in particular but not exclusively, a not only minor breach of the terms of use. In this case, Webmag also reserves the right to assert claims for damages against the Customer arising from the action that is in breach of the contract.
After termination of the contract, Webmag shall be entitled to delete the media and websites of the Customer and all content, data and emails stored on the server, and to block access to such. The Customer shall therefore ensure that all data stored on the web servers is backed up. Webmag will be under no further obligation to provide the contractual services after termination of the contractual relationship.
The Customer's other ancillary contractual obligations with respect to Webmag shall continue to exist beyond the termination of the contract.
Deviating from this, the parties may make individual agreements on the partial termination of the contract, in particular on the partial termination of the SaaS service. In this case, the provisions of the GTC of the contract shall continue to apply with the exception of the special terms and conditions for contractual performance with respect to the SaaA.
8. Obligations of the Customer, content on the websites
The Customer undertakes to keep his contact details up to date. The email address the Customer submitted to register with Webmag shall be deemed to be the contact address. Webmag shall be entitled to send all communications to the Customer to this email address.
The Customer shall create a sufficiently strong password which is not used for other services or applications. Both Webmag and the Customer are under a obligation to keep the password secret to prevent unauthorised use by third parties.
The Customer shall be fully liable for all content he makes available or stores in media, publications or websites.
The Customer is solely responsible for compliance with the legal provisions applicable to his content, media, publications. Webmag is under no obligation to inspect such media and content for potential legal violations.
In particular, the Customer shall mark the content posted by him on his website as his own content, stating his full name and address. Customers themselves are liable for compliance with any further imprint obligations (or the respective legal obligation in the country of use). Webmag shall be immediately notified of any change of contact person.
Should the Customer offer products or services that fall under the Protection of Minors Act, Webmag recommends seeking advice from an authorised specialist legal representative or expert. Webmag does not recommend the distribution, marketing or sale of such products or services through Webmag media or websites and to do so will be at your own risk.
The Customer is prohibited from carrying out any actions in Webmag media (including publication, dissemination via the hosting capacities, Internet presence and banners or domain) that violate the applicable laws, morality and the rights of third parties (trademark protection, copyrights, right to a name, data protection). The Customer shall, In particular, but not exhaustively: - refrain from providing or facilitate the provision of any pornographic content or services that is designed to make a profit and which have pornographic and/or erotic content as their subject matter; - refrain from providing gambling or sports betting without a permit from the competent authority; - refrain from providing or arranging credit or personal loans in a commercial manner without the written permission of the competent authority; - refrain from disseminating or publishing any discriminatory, offensive or other content that violates the provisions of criminal law. These obligations also apply to the references ("hyperlinks") inserted by the Customer in his media to this type of content on external websites, platforms or services.
The Customer is prohibited from any action that could to impair the smooth operation of the Webmag platform.
In particular, irrespective of any violation of the law, the Customer is prohibited from carrying out the following activities when publishing his own content (or by setting hyperlinks) in his media: - the distribution of viruses, Trojans and other malicious files; - the sending of junk, spam or scam emails and chain letters; - the use of a Webmag site for spam purposes and the creation of free Webmag sites for link-building purposes or SEO spam; - the harassment of others, e.g. by making multiple personal contacts without or in response the reaction of the other person, and encouraging or supporting such harassment.; - the soliciting of others to disclose passwords or personal data for commercial or illegal purposes (phishing); - the publication, distribution, offering and advertising of bonus systems, Paid4Mail services, popup services, snowball systems or similar forms of marketing and/or advertising.
The Customer shall report any suspicion of unauthorised use to Webmag without delay and, in this case, shall also change his password immediately. Webmag reserves the right to temporarily block the Account in the event of suspicion, to change the password and to inform the Customer of such actions. In the event of an unlawful compromise of the Account by third parties, the Customer will be denied access to the Account until the secure use of such can be guaranteed. Webmag shall take the maximum security precautions and shall implement immediate remedial action in the event of a compromise. However, Webmag cannot be held liable for damage arising from unauthorised access by third parties, provided no intentional or grossly negligent conduct exists on the part of Webmag or its employees.
The Customer shall notify Webmag without delay if the media or websites created by him are accessed with above-average frequency and therefore (presumably) generate a multiple of the average data transfer volume (e.g. through supraregional advertising measures). The aim is to avoid server crashes arising from anticipated overloads. If these requirements are not fulfilled, Webmag reserves the right to temporarily block the relevant media or websites. Irrespective of this, the Customer shall design his website such that no excessive load on the server occurs, e.g. through CGI scripts. The Customer shall notify Webmag immediately of any faults or defects detected.
Webmag reserves the right to block the Customer's Account and to temporarily shut down media, publications or websites if the Customer violates the statutory provisions and the obligations under clause 8, or if objective circumstances indicate such violation, provided that violations do not lead to a termination of the contract, and the temporary blocking and shutting down shall be lifted once the Customer can prove that the violations no longer exist and that the secure and lawful operation within the meaning of the terms and conditions of contract and use can be guaranteed. Webmag cannot be held responsible or liable for any outages or unavailability as a consequence of such blocking or shutdowns.
9. Faults and the rectification of defects
Webmag is responsible for the functionality and availability of the services provided, which should be essentially free from disruptions. The Customer acknowledges that, for technical reasons and due to external influences for which Webmag is not responsible (e.g. unavailability of the communication networks, interruption of the power supply, hardware and software faults), it is not possible to guarantee the uninterrupted availability of both the Webmag software and the published media and websites. There is no entitlement to a high level of availability.
Webmag is responsible for the regular maintenance of and updates to the Webmag software. The Customer may notify Webmag of the requirement for updates, but shall have no claim to the scheduling or prioritisation of upgrades or updates, nor to information on the status of the maintenance work. However, Webmag will endeavour to follow up on requests for maintenance and shall comply with such based on the urgency.
Specific system requirements must be fulfilled to make optimum use of the Webmag software, e.g. the availability of a commonly-used, up-to-date browser. An overview of the current system requirements is available to the Customer on request. Webmag shall not be liable for disruptions of performance or restrictions due to the use of deviating system configurations and cannot guarantee the functionality of the software.
Customers can report notifications of unavailability or messages regarding malfunctions during normal business hours by phone or email to the email address stored. The Customer must report the fault immediately.
No claims for defects may be asserted in the event of a merely minor reduction in service pursuant to the contract.
Webmag shall remedy with the disruption promptly insofar as Webmag is liable for such disruption, and it is not essentially minor. Webmag shall be granted a reasonable period of time for this purpose.
Webmag shall be entitled to circumvent the defect by means of a workaround solution if the source of the defect itself can only be eliminated with disproportionate effort and the availability of the services is not substantially compromised.
Liability without fault, including liability for initial defects, is excluded.
Temporary access restrictions and disruptions shall not constitute grounds for warranty claims or a right to extraordinary termination. The Customer may only terminate the contract due to Webmag’s failure to provide a service in accordance with the contract if Webmag has had a reasonable attempt to rectify the defect and such attempt has failed. The rectification of defects shall only be deemed to have failed if it is impossible, is definitively refused by Webmag or is delayed on unreasonable grounds.
10. Exemptions
Webmag shall then defend the Customer against all claims arising from an infringement of an industrial property right or copyright by Webmag in Germany and shall bear any costs and damages incurred by the Customer in the courts if the Customer has notified Webmag of such claims in writing without delay. Webmag reserves the right to all technical and legal defence measures and settlement negotiations. These obligations shall not apply if claims by third parties arise from hardware or programs that have been modified or used with software that Webmag has not provided.
The Customer shall indemnify Webmag against all claims based on a breach of the Customer's obligations. In particular, the Customer shall indemnify Webmag against any costs incurred arising from such breaches. The Customer is under an obligation to do his utmost to support Webmag to defend such claim.
11. Liability
Webmag shall only be liable for damage if Webmag has breached a material contractual obligation (cardinal obligation) in a manner that jeopardises the purpose of the contract or if the damage is attributable to gross negligence or intent on the part of Webmag. If the culpable breach of a material contractual obligation (cardinal obligation) is not due to gross negligence or intent, Webmag's liability shall be limited to the damage that was reasonably foreseeable for Webmag on the date the contract was concluded. In the case of damage to property and pecuniary loss, this liability is limited to the foreseeable damage typical of the contract, and which will not exceed the amount of a licence fee for the respective medium or website. This also applies to a loss in profits and savings. Liability for other remote consequential damage is excluded.
Webmag shall not be liable for any consequences arising from events beyond its control. Webmag shall not be liable for direct or indirect damage and costs of any kind arising from force majeure, intervention by governmental and administrative authorities, strikes, riots, war, natural disasters, pandemics or which are attributable to disruptions to telecommunication connections and line paths within the Internet, improper use of the service or similar influences that are beyond the Webmag’s direct sphere of influence. The liability in accordance with the Product Liability Act shall remain unaffected.
Limitations to liability shall also apply to claims against employees and agents of Webmag.
Customers shall be responsible for carrying our regular backups of their data. In the event of a loss of data for which Webmag is responsible, Webmag shall therefore be liable exclusively for the costs of duplicating the data from the backup copies to be made by the Customer and for restoring the data that would have been lost even if the data had been correctly backed up. This limitation shall not apply if the data backup was made impossible or significantly impeded for reasons for which Webmag is liable.
Webmag shall only be liable for damages arising from a guarantee declaration if this was expressly assumed in the guarantee.
Should it be necessary to restore data or components (e.g. the software), Webmag shall only be liable for the expenditure or effort required to restore such data in the event of a correct data backup and measures taken by the Customer to safeguard against system failures. In the event of minor negligence on the part of Webmag, this liability shall only apply if the Customer has carried out a data backup and measures against failures that are appropriate for the type of data and components prior to the incident. This shall not apply only in cases where this has been contractually agreed as an additional service from Webmag.
12. Statute of limitations
The Customer’s claims under the statute of limitations against Webmag due to a defect shall be reduced to one year. The statute of limitations period shall also be one year for claims by the Customer for damages and reimbursement of expenses that are not based on a defect in the software.
However, these reduced statutes of limitation do not apply to claims by the Customer for injury to life, limb or health or to claims based on an intentional or grossly negligent breach of duty.
13. Use of data and privacy
The Customer is responsible for the legality of the data collection and transfer and for the use, processing and use of personal data.
The data generated and stored by the Customer while using the service shall be the exclusive property of the Customer. Webmag treats Customer data in strict confidence.
Insofar as the Customer data is personal data, Webmag shall process the Customer data as a processor exclusively on behalf of and in accordance with the instructions of the Customer and for the sole purpose of providing the services. Webmag shall take the appropriate technical and organisational measures to protect Customer data. The Customer shall remain responsible for the legal basis for the collection, processing and use of the Customer data. In the event of a breach, the Customer shall indemnify Webmag against the claims of third parties. Webmag reserves the right to use a hoster based in the European Union or the European Economic Area for storage purposes. The parties shall stipulate the details for order data processing in a separate contract.
Webmag may also use the services of third parties, including but not limited to Google Analytics, to provide, improve and debug the service. Webmag will provide information on the use of these analytics systems in the data protection provisions and ensure that the data protection requirements are met.
The agreements of the parties shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Munich shall be the exclusive place of jurisdiction if the Customer is a commercial enterprise, a legal entity under public law or a special fund under public law. The same shall apply if the Customer does not have a general place of jurisdiction in Germany or if the Customer's place of residence or habitual abode is unknown at the time the action is brought. Webmag also reserves the right to bring an action at the Customer's head office.
Should any individual provisions of these GTC be or become invalid, the other provisions shall remain unaffected.
In the event of any discrepancies arising from the translation, the German version of these GTC shall prevail.
The conditions of the respective offer form part of the contract.
Webmag reserves the right to amend these GTC at any time with effect also within the existing contractual relationships. Webmag shall notify the Customer of such amendments at least six (6) weeks before the anticipated entry into force of such modifications. If the Customer does not object within six (6) weeks of receipt of the notification and continues to use the services even after the expiry of the objection period, the amendments shall be deemed to have been agreed with effect from the expiry of the objection period. In the amendment notification, Webmag shall inform the Customer of his right to object and of the consequences of an objection. In the event of objection, Webmag reserves the right to terminate the contractual relationship with the Customer from the anticipated effective date of the amendments.
