Terms of Use (Nutzungsbedingungen)

Last updated: October 14, 2025

Version: 1.0

1. Scope and Provider

These Terms of Use govern the contractual relationship between you (the "User") and:

Company Name: [YOUR COMPANY NAME]
Address: [YOUR STREET ADDRESS, POSTAL CODE, CITY, COUNTRY]
Email: [YOUR CONTACT EMAIL]
Phone: [YOUR PHONE NUMBER]
Commercial Register: [REGISTRATION NUMBER, if applicable]
VAT ID: [VAT NUMBER, if applicable]

(the "Provider," "we," "us," or "our") regarding your use of our website and services.

2. Acceptance of Terms

By accessing, browsing, or using this website and our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, you must not use our services.

Capacity to Contract: By using our services, you represent that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding contract.

3. Description of Services

We provide [DESCRIBE YOUR SPECIFIC SERVICE/PRODUCT - e.g., "a web platform for managing subscriptions and accessing premium content" or "an e-commerce platform for purchasing digital products"].

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of services.

4. User Accounts

4.1 Account Creation

To access certain features, you must create an account. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your password
Immediately notify us of any unauthorized use of your account
Accept responsibility for all activities under your account

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We recommend using a strong, unique password and enabling multi-factor authentication where available. You agree to immediately notify us of any security breach or unauthorized use of your account.

4.3 Account Termination

You may terminate your account at any time through your account settings or by contacting us. We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, illegal, or abusive behavior.

5. Acceptable Use Policy

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree NOT to:

5.1 Prohibited Activities

Violate any applicable local, national, or international laws or regulations
Infringe on intellectual property rights, including copyrights, trademarks, or patents
Transmit any harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
Upload or transmit viruses, malware, or any other malicious code
Attempt to gain unauthorized access to our systems, networks, or other users' accounts
Interfere with or disrupt the integrity or performance of our services
Use automated systems (bots, scrapers) without our express written permission
Impersonate any person or entity, or falsely represent your affiliation with any person or entity
Collect or harvest personal information of other users without consent
Use our services for spam, phishing, or any unsolicited commercial communications
Circumvent any access restrictions, rate limits, or security measures
Reverse engineer, decompile, or disassemble any part of our services

5.2 Consequences of Violation

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, removal of content, legal action, and reporting to law enforcement authorities.

6. Intellectual Property Rights

6.1 Our Content

All content on our website, including but not limited to text, graphics, logos, images, software, and design elements, is the property of [YOUR COMPANY NAME] or our licensors and is protected by international copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, create derivative works, publicly display, or exploit any of our content without our express written permission, except as permitted by applicable law or these Terms.

6.2 User-Generated Content

If you submit, post, or upload any content to our services ("User Content"), you retain ownership of your intellectual property rights. However, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, and display your User Content in connection with operating and improving our services.

You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not violate any third-party rights.

6.3 Trademarks

All trademarks, service marks, and logos displayed on our website are the property of their respective owners. Nothing in these Terms grants you any right to use our trademarks without our prior written consent.

7. Pricing, Payment, and Subscriptions

7.1 Pricing

All prices are displayed in [CURRENCY] and include applicable value-added tax (VAT) unless otherwise stated. We reserve the right to change our pricing at any time. Price changes will not affect existing orders or active subscriptions unless you are notified in advance.

7.2 Payment Terms

When you make a purchase, you agree to:

Provide valid, current, and complete payment information
Authorize us (or our payment processors) to charge the applicable fees
Pay all fees and charges incurred through your account
Be responsible for any applicable taxes, duties, or fees

7.3 Payment Processing

Payments are processed securely by our third-party payment provider, Stripe. We do not store your complete payment card information. By making a payment, you agree to Stripe's Terms of Service.

7.4 Subscriptions

For subscription-based services:

Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date
Cancellation: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period
No Refunds: Subscription fees are non-refundable except as required by law or as stated in our Return & Refund Policy
Price Changes: We will notify you at least 30 days in advance of any subscription price increases

8. Withdrawal Rights for Consumers (EU/German Law)

8.1 Right of Withdrawal (Widerrufsrecht)

If you are a consumer residing in the European Union or Germany, you have the right to withdraw from a purchase contract within 14 days without giving any reason, in accordance with the EU Consumer Rights Directive and German BGB § 355.

8.2 Withdrawal Period

The withdrawal period expires 14 days after:

The day you (or a third party designated by you) receive the goods (for physical products)
The day the contract is concluded (for digital content and services)

8.3 How to Exercise Withdrawal Right

To exercise your withdrawal right, you must inform us of your decision to withdraw by sending a clear statement to:

Email: [YOUR CONTACT EMAIL]
Postal Address: [YOUR COMPLETE ADDRESS]

You may use the model withdrawal form below, but it is not mandatory.

8.4 Model Withdrawal Form

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

To: [YOUR COMPANY NAME], [YOUR ADDRESS], [YOUR EMAIL]

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the purchase of the following goods (*)/provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(*) Delete as appropriate

8.5 Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for supplementary costs arising from your choice of a delivery method other than the least expensive standard delivery), without undue delay and in any event no later than 14 days from the day we receive notification of your withdrawal.

We will use the same payment method you used for the original transaction unless expressly agreed otherwise. You will not incur any fees as a result of the reimbursement.

8.6 Exceptions to Withdrawal Right

The right of withdrawal does not apply to:

Digital content if performance has begun with your prior express consent and acknowledgment that you lose your withdrawal right
Sealed goods that are unsealed after delivery and are unsuitable for return due to health or hygiene reasons
Goods that have been customized or personalized for you
Services fully performed with your prior express consent before the withdrawal period expires

9. Limitation of Liability (German Law Compliant)

9.1 Unlimited Liability

We are fully liable, without limitation, for damages resulting from:

Intentional acts (Vorsatz) or gross negligence (grobe Fahrlässigkeit)
Injury to life, body, or health
Breach of essential contractual obligations (wesentliche Vertragspflichten)
Claims under the German Product Liability Act (Produkthaftungsgesetz)
Fraudulent concealment of defects
Guarantees expressly provided

9.2 Limited Liability

For simple negligence (einfache Fahrlässigkeit), we are only liable for breaches of essential contractual obligations. In such cases, liability is limited to foreseeable, typical damages.

9.3 No Liability

To the extent permitted by law, we are not liable for:

Loss of profits, revenue, data, or business opportunities
Indirect or consequential damages
Actions of third parties or external events beyond our reasonable control
Damages arising from your violation of these Terms

9.4 Third-Party Services

We are not responsible for the availability, content, or practices of third-party services linked from our website. Use of third-party services is at your own risk.

10. Warranty and Defects (German BGB)

Statutory warranty rights under German law (BGB §§ 434 ff.) apply to all goods and services. If a product or service is defective, you may be entitled to remedies including repair, replacement, price reduction, or contract withdrawal, subject to legal requirements.

To report defects or exercise warranty rights, please contact us at [YOUR CONTACT EMAIL] within a reasonable time after discovering the defect.

11. Account Termination and Suspension

11.1 Termination by You

You may terminate your account at any time. Upon termination, you will lose access to paid features but may retain access to free features subject to these Terms.

11.2 Termination by Us

We reserve the right to suspend or terminate your account and access to our services, with or without notice, if:

You violate these Terms of Use
Your use of the services poses a security risk or could harm our systems or other users
You engage in fraudulent, illegal, or abusive behavior
You fail to pay applicable fees
We are required to do so by law or government authority

11.3 Effect of Termination

Upon termination, your right to use the services immediately ceases. We may delete your account data in accordance with our data retention policies. Provisions that by their nature should survive termination (including payment obligations, intellectual property provisions, and limitations of liability) will remain in effect.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of [YOUR COUNTRY - e.g., "Germany" or "the Federal Republic of Germany"], excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a consumer, you also benefit from mandatory consumer protection laws in your country of residence.

12.2 Jurisdiction

For Consumers: If you are a consumer residing in the EU, you may bring legal proceedings in the courts of your country of residence or in [YOUR LOCATION].

For Businesses: If you are a business user, the exclusive place of jurisdiction is [YOUR CITY/COURT].

12.3 EU Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform for consumers to resolve disputes out of court. You can access the ODR platform at: https://ec.europa.eu/consumers/odr

Our email address for ODR purposes is: [YOUR CONTACT EMAIL]

12.4 Consumer Arbitration (Germany)

We are [willing/not willing - CHOOSE ONE] to participate in dispute resolution proceedings before a consumer arbitration board. The responsible consumer arbitration board is:

[SPECIFY RELEVANT CONSUMER ARBITRATION BOARD - e.g., "Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl, Germany, www.verbraucher-schlichter.de"]

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced by a valid provision that most closely approximates the intent of the original provision.

14. No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

15. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding your use of our services and supersede all prior agreements and understandings.

17. Changes to Terms

We reserve the right to modify these Terms of Use at any time. When we make material changes, we will:

Update the "Last updated" date at the top of this page
Notify you via email or prominent notice on our website at least 30 days before the changes take effect
Provide you with an opportunity to review the changes

Your continued use of our services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using our services and may terminate your account.

18. Language

These Terms are provided in English. If we provide a translation, the English version prevails in case of any discrepancies. However, consumers in the EU are entitled to receive these Terms in their official language upon request.

19. Contact Us

If you have questions, concerns, or disputes regarding these Terms of Use, please contact us:

Company Name: [YOUR COMPANY NAME]
Email: [YOUR CONTACT EMAIL]
Phone: [YOUR PHONE NUMBER]
Postal Address: [YOUR COMPLETE POSTAL ADDRESS]

Last updated: [INSERT DATE]

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