General Terms and Conditions (GTC)

1. Scope of Application

These General Terms and Conditions (GTC) apply to all contractual relationships between [Company Name], [Address], [Commercial Register Number], [VAT ID] (hereinafter referred to as "Provider") and the users (hereinafter referred to as "Customer") of the ConsentLaw platform, a Software-as-a-Service (SaaS) solution for compliance with legal requirements, particularly in the areas of data protection and information obligations under the GDPR, TTDSG, and other European regulations.

These GTC apply exclusively. Deviating, conflicting, or supplementary terms and conditions of the Customer shall only become part of the contract if the Provider expressly agrees to them in writing.

2. Conclusion of Contract

The contract between the Provider and the Customer is concluded upon the Customer's registration on the ConsentLaw platform and the Provider's confirmation of the registration. The contract is deemed concluded when the Customer receives an order confirmation or access to the platform.

The Customer must provide accurate and complete information during registration. The Provider reserves the right to reject registrations without giving reasons.

3. Services and Subscription Models

The Provider offers various subscription models for the use of the ConsentLaw platform. The scope of services and prices for each subscription model are specified in the current price list on the Provider's website.

The Customer can add or remove domains at any time. The billing for additional domains is carried out in accordance with the current price list and the provisions in Section 5 of these GTC.

The Provider reserves the right to change the scope of services or the prices with a notice period of [X] weeks. The Customer will be informed of such changes in a timely manner. In the event of a price increase, the Customer has the right to terminate the contract with effect from the date the price change takes effect.

4. Prices and Payment

The prices for the use of the ConsentLaw platform are specified in the current price list on the Provider's website. All prices are exclusive of statutory value-added tax (VAT).

Billing is carried out annually in advance. The Customer will receive an invoice for the respective billing period at the beginning of the period.

Payment must be made within [X] days of the invoice date. If payment is not made within this period, the Provider is entitled to charge default interest at a rate of [X]% above the base interest rate of the European Central Bank.

In the event of payment defaults, the Provider may suspend the Customer's access to the platform until payment is received. If payment is not made within [X] days after the due date, the Provider is entitled to terminate the contract without notice.

5. Changes to the Subscription and Domains

5.1 Upgrades

If the Customer upgrades to a higher-priced subscription model, the unused value of the old subscription will be credited to the first invoice of the new subscription on a pro-rata basis. The Customer must pay the difference between the new annual price and the credited amount immediately via a new Mollie checkout.

The upgrade takes effect immediately after successful payment.

5.2 Downgrades

If the Customer downgrades to a lower-priced subscription model, the downgrade will only take effect at the end of the current billing period. The Customer retains full access to the higher-priced subscription model until the end of the billing period.

If the Customer has more domains than permitted in the new subscription model at the time of the downgrade, the price will be dynamically adjusted based on the actual number of domains. The Customer will be informed of the new price in a timely manner.

5.3 Adding and Removing Domains

If the Customer adds a domain, the price will be adjusted pro-rata for the remaining term of the current billing period. The Customer must pay the additional amount immediately via a new Mollie checkout. The change takes effect immediately after successful payment.

If the Customer removes a domain, the price reduction will only take effect at the end of the current billing period. There will be no immediate refund for the current billing period.

If the Customer adds a previously removed domain back within the same billing period, no additional payment is required, as the time has already been paid for.

6. Term and Termination

6.1 Term

The contract is concluded for an indefinite period and can be terminated by either party with a notice period of [X] weeks to the end of the current billing period.

6.2 Termination by the Customer

The Customer can terminate the contract at any time with effect from the end of the current billing period. The termination must be made in writing (e.g., by email).

6.3 Termination by the Provider

The Provider is entitled to terminate the contract without notice in the event of a material breach of contract by the Customer, particularly in the case of payment defaults, misuse of the platform, or violation of these GTC.

6.4 Effect of Termination

Upon termination of the contract, the Customer's access to the platform will be deactivated. The Customer is not entitled to a refund of already paid fees for the current billing period.

7. Obligations of the Customer

The Customer is obliged to:

• Provide accurate and complete information during registration and keep this information up to date;
• Use the platform only for lawful purposes and in compliance with these GTC;
• Not interfere with the functionality of the platform or attempt to gain unauthorized access to the platform or third-party systems;
• Comply with all applicable laws and regulations, particularly in the areas of data protection and copyright.

8. Liability

8.1 Liability of the Provider

The Provider is liable for damages caused by intent or gross negligence. In the case of slight negligence, the Provider is only liable if an obligation essential to the contract is violated, the fulfillment of which is crucial for the achievement of the contract's purpose, and on which the Customer may rely (cardinal obligation). In this case, the Provider's liability is limited to the foreseeable, typically occurring damages.

The Provider is not liable for:

• Incorrect or incomplete texts generated by the platform;
• Technical problems, particularly those caused by the Customer's IT infrastructure or third-party services;
• Data loss, unless the loss is due to the Provider's gross negligence or intent;
• Indirect damages, such as lost profits or reputational damage.

8.2 Liability of the Customer

The Customer is liable for all damages caused by the Customer's breach of these GTC or unlawful use of the platform.

9. Data Protection

The Provider processes the Customer's personal data in accordance with the applicable data protection regulations, particularly the General Data Protection Regulation (GDPR). The Provider's data protection declaration, which is available on the Provider's website, provides detailed information on the processing of personal data.

The Customer is responsible for ensuring that the use of the platform complies with the applicable data protection regulations. The Provider provides tools to support the Customer in fulfilling their data protection obligations, but the Provider is not responsible for the Customer's compliance with data protection regulations.

10. Right of Withdrawal

10.1 Right of Withdrawal for Consumers

If the Customer is a consumer (i.e., a natural person who concludes the contract for purposes that are predominantly outside their trade, business, or profession), the Customer has the right to withdraw from the contract within 14 days without giving reasons.

The withdrawal period begins on the day on which the Customer or a third party designated by the Customer, who is not the carrier, receives the service. To exercise the right of withdrawal, the Customer must inform the Provider of their decision to withdraw from the contract by means of a clear declaration (e.g., by letter, fax, or email). The Customer may use the attached withdrawal form for this purpose, but this is not mandatory.

The withdrawal must be sent to the Provider before the withdrawal period expires.

10.2 Consequences of Withdrawal

In the event of a valid withdrawal, the Provider will refund all payments received from the Customer, including delivery costs (with the exception of additional costs resulting from the Customer's choice of a type of delivery other than the cheapest standard delivery offered by the Provider), without undue delay and no later than 14 days from the day on which the Provider receives the notice of withdrawal. The Provider will carry out the refund using the same means of payment as the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; in no case will the Customer be charged fees for this refund.

If the Customer has requested that the services begin during the withdrawal period, the Customer must pay the Provider a reasonable amount corresponding to the proportion of the services already provided up to the time the Customer informs the Provider of the exercise of the right of withdrawal in relation to the total scope of the services provided for in the contract.

10.3 Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the supply of digital content that is not prefabricated and is produced based on an individual selection or determination by the consumer or that is clearly tailored to the personal needs of the consumer, if the performance has begun with the express consent of the consumer and their acknowledgment that they lose their right of withdrawal upon commencement of performance by the entrepreneur.

11. Availability and Maintenance

The Provider strives to ensure the highest possible availability of the platform. However, the Provider does not guarantee uninterrupted or error-free access to the platform.

The Provider is entitled to temporarily restrict or suspend access to the platform for maintenance work or other necessary measures. The Provider will inform the Customer of such measures in a timely manner, if possible.

12. Confidentiality

The parties undertake to treat all confidential information received from the other party as strictly confidential and not to disclose it to third parties without the prior written consent of the other party. This obligation continues to apply even after the termination of the contract.

13. Final Provisions

13.1 Severability Clause

If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.

13.2 Choice of Law and Jurisdiction

These GTC and the contractual relationship between the Provider and the Customer are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is [Jurisdiction], provided that the Customer is a merchant, a legal entity under public law, or a special fund under public law.

13.3 Amendments to the GTC

The Provider reserves the right to amend these GTC with a notice period of [X] weeks. The Customer will be informed of such amendments in a timely manner. If the Customer does not object to the amendments within [X] weeks of receiving the notification, the amendments shall be deemed accepted. The Provider will draw the Customer's attention to the significance of their silence in the notification.

Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back to us.)

To:

[Company Name]
[Address]
[Email Address]

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service:

[Description of the Service]

Ordered on (*)/received on (*):

[Date]

Name of the Consumer(s):

[Name]

Address of the Consumer(s):

[Address]

Signature of the Consumer(s) (only for notification on paper):

[Signature]

Date:

[Date]

(*) Delete as appropriate.

Information on the Right of Withdrawal for Consumers

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving reasons.

The withdrawal period is 14 days from the day on which you or a third party designated by you, who is not the carrier, receive the service.

To exercise your right of withdrawal, you must inform us ([Company Name], [Address], [Email Address]) of your decision to withdraw from this contract by means of a clear declaration (e.g., by letter, fax, or email). You may use the attached withdrawal form for this purpose, but this is not mandatory.

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

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you have requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.