1.1 Applicability of the Terms and Conditions
These General Terms and Conditions (GTC) apply to all contracts between Haro GbR (hereinafter referred to as the “Provider”) and its customers (entrepreneurs or consumers) regarding the provision and use of a cloud-based Software-as-a-Service (SaaS) solution for the easy creation, management, and publication of websites. The service includes hosting and maintenance of the created websites by the Provider.
1.2 Definition of Consumers and Businesses
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person acting in the course of their commercial or self-employed professional activity.
1.3 Additional Services
Optional additional services, such as domain registration or logo design, are not included in the standard subscription and must be booked separately (see Section 3.5).
1.4 Exclusive Applicability of the Terms and Conditions
These GTC apply exclusively, even if the Provider performs the service with knowledge of conflicting terms and conditions of the customer, unless expressly agreed otherwise in writing.
1.5 Relationship with Other Contract Documents
If, in addition to these GTC, other contractual documents or terms and conditions have become part of the contract in text or written form, the provisions of these additional contractual documents shall take precedence over these GTC in the event of a conflict.
1.6 Severability Clause
If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall not be affected.
2.1 Registration and Trial Period
To use the SaaS services, customers must register on the Provider’s platform. During registration, the customer accepts the Terms and Conditions (AGB), including the Data Processing Agreement (AVV). The Privacy Policy is acknowledged and can be accessed at any time on the website. This consent is documented within the system.
After registration, the customer can test the SaaS services free of charge for 14 days.
Technical Stripe Account Setup in the Background: To technically prepare for potential future paid usage, the provider automatically creates a technical customer account with the payment service provider Stripe upon registration. This measure serves solely for technical system integration and does not entail any payment obligation. The Stripe account remains inactive until the customer actively selects a paid plan. No payment processing takes place as long as the customer does not subscribe to a paid plan.
2.2 Conclusion of the Paid Subscription Contract
After the trial period, the customer must actively subscribe to a paid plan via the payment provider Stripe to continue using the services.
The paid contract is concluded upon successful booking via Stripe.
2.3 Consequences of Not Subscribing
If no paid subscription is booked, the customer will lose access to their content, and the published website will be deactivated. However, the customer account remains active, allowing the customer to subscribe at any time to reactivate their content.
After 6 months of inactivity, the Provider reserves the right to irreversibly delete all associated data, including created content and websites.
2.4 Special Provisions for Non-Profit Organizations
The Provider offers free access to the SaaS services for certain non-profit organizations.
Granting free access requires separate confirmation by the Provider after verifying the organization’s non-profit status.
These organizations are subject to the same GTC, Privacy Policy, and DPA as paying customers, except that they are exempt from payment.
The Provider reserves the right to withdraw the free access at any time with a 4-week notice period if the criteria for non-profit status are no longer met or if the service is used improperly.
3.1 Provision of the SaaS Service
The Provider offers a cloud-based Software-as-a-Service (SaaS) solution that can be accessed via the internet. This software enables customers to create, manage, and publish their own websites without requiring local installation or specialized technical knowledge.
3.2 Subscription Model and Scope of Services
The software is offered under a subscription model, ensuring customers continuously benefit from updates, security measures, and support. The services available vary depending on the subscription plan, which determines features, storage capacity, and additional functionalities. The exact features and limitations of each subscription model are outlined in the current service description on the Provider’s website.
3.3 Right to Use the Software
The Provider grants the customer a non-exclusive, non-transferable right to use the software for the duration of the contract.
3.4 Platform Availability
The provider strives to ensure high availability of the platform. However, maintenance work, technical disruptions, or events beyond the provider’s control (e.g., force majeure, network outages by third parties) may lead to temporary limitations. The provider does not guarantee uninterrupted availability of the services. Nevertheless, every effort is made in good faith to provide the platform as reliably as possible.
3.5 Optional Additional Services
In addition to SaaS services, the Provider offers optional additional services that can be booked for a one-time fee. These services may include, but are not limited to, content creation and optimization (e.g., text, images), logo design, domain registration, and other design and consulting services.
3.6 Data Backup by the Provider
The Provider performs regular data backups of the customer’s stored content. Customers are not required to perform their own data backups.
3.7 Temporary Access to Customer Accounts
To assist customers with support inquiries, error analysis, or technical issues, the Provider reserves the right to temporarily access customer accounts. This is done exclusively for support purposes and in strict compliance with data protection regulations.
3.8 Analytics Tools for Optimizing the SaaS Platform
To enhance user experience and service quality, the provider utilizes web analytics tools such as Hotjar (provided by Hotjar Ltd, Malta) within the Admin Portal. These tools collect anonymized usage data (e.g., mouse movements, click behavior, scrolling activity, and technical data such as browser type, operating system, and screen size) to optimize platform functionality and identify technical issues.
The processing is based on Article 6 (1) (f) of the GDPR (legitimate interest of the provider in optimizing the platform).
Since the Admin Portal is exclusively available to registered customers, no separate consent is required.
By registering and using the Admin Portal, the customer agrees to the automatic processing of this anonymized usage data.
3.9 Electronic Communication
By registering, the customer agrees that the provider may inform them about system-relevant changes, maintenance work, and security updates via email or messages in the admin portal. These notifications cannot be opted out of, as they are an essential part of the contractual relationship.
Additionally, the customer may optionally consent to receiving marketing and product updates via newsletter. This consent can be revoked at any time.
4.1 Adjustments and Further Development of the Software
The Provider reserves the right to modify offered services, if necessary for technical, legal, or security-related reasons.
4.2 Introduction of New Features
The Provider continuously develops the software and makes new features available depending on the subscription model. Customers can choose to activate and publish these new features at their discretion. New functions are not automatically activated by the Provider.
Consumers have a statutory right of withdrawal in accordance with legal provisions. Detailed information on this right is available in the Provider’s Withdrawal Policy.
6.1 Pricing and Billing Details
All prices are net prices and exclude statutory VAT, unless explicitly stated otherwise.
6.2 Payment Processing via Stripe
Payment is processed through the payment service provider Stripe and is generally due monthly in advance. The payment is due immediately upon contract conclusion. For recurring payments, the due amount is automatically charged at the beginning of each billing period.
6.3 Payment Default and Service Suspension
If the customer falls into payment default, the provider is entitled to temporarily suspend access to the services. This includes the loss of access to content and the deactivation of the published website. The payment obligation remains unaffected in this case. Access will be restored upon receipt of payment.
If the payment default exceeds 30 days, the provider may terminate the contract with immediate effect. In this case, all content associated with the customer account will be permanently deleted within 90 days after contract termination.
6.4 Refunds and Goodwill Arrangements
Refunds are excluded, unless required by law or explicitly agreed otherwise. Goodwill refunds at the discretion of the Provider remain unaffected.
6.5 Price Adjustments and Customer Notifications
The Provider reserves the right to adjust prices for future billing periods, if costs increase or services are expanded. Customers will be informed of price changes at least 6 weeks in advance. If the customer does not object within 4 weeks, the changes will be deemed accepted and take effect in the next billing cycle. The Provider will explicitly inform customers about their right to object and the consequences of non-objection.
7.1 Contract Term and Automatic Renewal
The contract is concluded with a minimum term of one (1) month. If no termination occurs, the contract automatically renews for an additional one (1) month. The customer may terminate the contract with a notice period of four (4) weeks before the end of the respective billing period.
7.2 Consequences of Contract Termination
Upon contract termination, the customer loses access to their content, and the published website will be deactivated and no longer publicly accessible. Additionally, all stored customer data will be permanently deleted within 90 days, unless legal or contractual retention obligations prevent deletion.
7.3 Termination Process
The customer may terminate the contract at any time online via the cancellation button in the Admin area (Subscription → Manage Billing). Alternatively, termination is also possible in text form (e.g., via email). If termination is submitted via email, it must be sent from the customer’s registered contact email address. The termination will take effect at the end of the current billing period.
7.4 Confirmation of Termination
The Provider will confirm receipt of the termination request and implement the contract termination in accordance with the agreed cancellation periods.
7.5 No Refund of Payments Already Made
Payments already made will not be refunded, unless the Provider is legally obliged to do so or an explicit agreement states otherwise.
8.1 Responsibility for Content and Data Protection
The customer is responsible for the lawfulness of the data they store and process. The provider technically stores this content but assumes no liability for its legality or compliance with data protection regulations.
8.2 Obligation to Keep Published Content Up to Date
The customer is solely responsible for all content published through the SaaS services. They must ensure that all information they provide is accurate, up to date, and legally compliant. This applies in particular to legally required information such as the imprint (legal notice) and privacy policy, as well as other published content, including event announcements, product descriptions, or any other publicly available information.
8.3 Prohibited Content and Legal Violations
The customer must not distribute illegal or harmful content via the SaaS services. They are liable for any violations of legal regulations or third-party rights that result from the content they publish.
8.4 Rights to Uploaded Content
The customer may only provide and publish content for which they hold all necessary rights and which does not violate applicable laws or third-party rights.
8.5 Correct Entry and Updating of Customer Data
During registration, the customer must provide truthful and complete personal information and ensure that this data remains up to date. The provider reserves the right to request proof of identity if necessary.
8.6 Sole Responsibility for Content
The customer bears full responsibility for regularly reviewing and updating their content. If the customer fails to update legally or contractually required information, the provider assumes no liability for any resulting legal or financial consequences.
8.7 Obligation to Report Violations
The customer must immediately inform the provider if they become aware of any circumstances suggesting that any of the above obligations have not been met.
8.8 Review and Removal of Illegal Content by the Provider
The provider is not obligated to review customer-published content for potential legal violations but reserves the right to block or remove content that violates legal regulations or these Terms and Conditions.
8.9 Privacy Policy Provided by the Provider
The provider supplies a pre-configured privacy policy, which is automatically integrated into the generated websites.
8.10 Use of the Provider’s Legal Notice Generator
The provider also offers a legal notice (imprint) generator to help customers meet legal requirements. However, the customer is solely responsible for verifying the accuracy and completeness of the provided information and updating it if necessary.
8.11 Option to Use a Custom Privacy Policy
Certain customers may choose to use their own privacy policy and a fully customized imprint. In this case, the provider assumes no liability for its legal compliance or completeness. Additional provisions regarding the privacy policy are outlined in Section 12.2.2.
8.12 Automatic Legal Content Updates by the Provider
The provider reserves the right to directly modify legally relevant content (such as the imprint or privacy policy) on the customer’s live website if such changes are required by law or regulatory mandates. The customer will be notified of such changes at least 7 days in advance.
9.1 Reasons for Blocking or Deleting Content
The provider is entitled to block or delete content provided by the customer or restrict access to such content if there is sufficient evidence that it violates legal regulations, these Terms and Conditions, or third-party rights.
9.2 Notification of the Customer About Actions Taken
The provider will inform the customer about any blocking or deletion of content, provided this is legally and technically possible.
9.3 Account Suspension for Breach of Contract
The provider reserves the right to temporarily or permanently suspend the customer’s access to the SaaS services if they significantly breach contractual obligations or use the services in an abusive manner.
9.4 Balancing Interests in Access Restrictions
The decision to block or delete content or restrict access will be made at the provider’s reasonable discretion, taking into account the interests of the customer and legal requirements.
The provider shall be liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement of expenses, as follows:
10.1 Unlimited Liability in Certain Cases
The provider shall be liable without limitation on any legal grounds:
10.2 Limited Liability for Negligent Breach of Contract
If the provider negligently breaches a material contractual obligation, liability shall be limited to the typical and foreseeable damage, unless unlimited liability applies in accordance with the provisions above.
Material contractual obligations are those obligations that the contract imposes on the provider to achieve the contract’s purpose, whose fulfillment enables the proper execution of the contract, and on which the customer may regularly rely.
10.3 Exclusion of Certain Liability Claims
In particular, the provider shall not be liable for indirect damages, lost profits, production downtimes, or data loss, unless such damages result from grossly negligent or intentional breaches of duty.
Liability for data loss is limited to the typical recovery costs that would have been incurred had the customer properly backed up their data.
10.4 Liability for Agents and Legal Representatives
The above liability provisions also apply to the liability of the provider’s agents and legal representatives.
11.1 Linking with Social Media Accounts
If the provider enables the customer to connect their created website with an account on a social media platform (hereinafter referred to as “Social Media Account”), the customer can access content stored there, transfer it directly to their media library in the SaaS service, and use it on their created website.
11.2 Processing of Publicly Available Data
By linking a Social Media Account, the customer instructs the provider to search for publicly accessible data associated with that Social Media Account. The provider will use an interface of the respective social media platform to search for relevant, publicly available information and make it available for possible integration into the customer’s website. Processing is carried out in compliance with data protection regulations.
11.3 Customer’s Responsibility for Social Media Content
The customer bears sole responsibility for the use and publication of content retrieved from their Social Media Account. The customer must ensure that they have the necessary rights to use this content and that its use does not violate any legal regulations or third-party rights. The provider does not independently verify the legal admissibility of the content.
11.4 Changes or Discontinuation of Functionality
The provider reserves the right to modify or discontinue the social media integration function at any time if required for technical, data protection, or economic reasons.
12.1 Placement of Ads by the Provider
If the customer uses a free plan, the provider is entitled, at its sole discretion, to display advertisements for its own products and services or for third-party offers on the customer’s website created through the service.
12.2 No Compensation for Advertisements
The customer has no claim to compensation or any other form of remuneration for the placement of advertisements. The displayed advertisements may not be removed, hidden, or modified in their appearance.
12.3 Disclaimer of Liability for Advertisements
The provider is not liable for any damages incurred by the customer due to the display of advertisements, unless such damages result from intentional or grossly negligent behavior by the provider.
12.4 Modification of the Type and Scope of Advertisements
The provider reserves the right to adjust the type, scope, and frequency of advertisements without prior notice, if required for economic or technical reasons.
13.1 Confidentiality and Data Protection by the Provider
13.1.1 The provider commits to treating all confidential information obtained in connection with the customer’s use of the SaaS services with strict confidentiality. This obligation remains in effect indefinitely, even beyond the contract term. The provider shall ensure that all employees and third parties with access to this information are also bound by confidentiality obligations.
13.1.2 The provider further commits to complying with all applicable data protection laws, particularly the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Personal data will only be processed to the extent necessary and within the framework of contractual agreements.
13.2 Customer’s Data Protection Obligations
13.2.1 The customer is obligated to comply with all applicable data protection regulations, particularly the GDPR, when using the SaaS services. This applies especially to personal data collected, processed, or stored through customer-created websites, contact forms, or job application functions.
13.2.2 The provider provides the customer with a default privacy policy, which is automatically embedded into customer websites. The customer is responsible for ensuring that the provided privacy policy meets their specific legal requirements. If the customer identifies discrepancies or errors in the privacy policy or requires adjustments for specific use cases, they must inform the provider immediately. If the customer chooses to use their own privacy policy or legal notice, they assume full responsibility for its legal compliance. In such cases, the provider assumes no liability for data protection violations or legal deficiencies in the customer’s privacy policy.
13.2.3 The customer must ensure that personal data is only stored for the legally permitted period and then deleted accordingly. Specifically, job applications, contact requests, or other personal data must be deleted after six (6) months, unless legal retention obligations apply. The customer is solely responsible for compliance with these retention periods.
13.2.4 The provider assumes no liability for data protection violations resulting from the customer’s use of the SaaS services, especially if caused by insufficient individual review or failure to notify the provider of necessary adjustments.
13.3 Provider’s Privacy Policy
The provider’s privacy policy is not part of these terms and conditions and can be accessed at any time at [LINK TO PRIVACY POLICY].
13.4 Incorporation of the Data Processing Agreement (DPA)
The Data Processing Agreement (DPA) is an integral part of these Terms and Conditions. By accepting the Terms and Conditions, the customer automatically agrees to the DPA. A separate confirmation is not required. The current version of the DPA is available at any time under [LINK TO DPA].
14.1 Governing Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
14.2 Limitations on Legal Choice for Consumers
Furthermore, this choice of law does not apply regarding the statutory right of withdrawal for consumers who, at the time of contract conclusion, are not members of a European Union (EU) member state and whose sole residence and delivery address are located outside the EU at that time.
14.3 Jurisdiction for Disputes
The place of jurisdiction for all disputes is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
15.1 EU Online Dispute Resolution Platform
The European Commission provides an online dispute resolution (ODR) platform, which can be accessed at the following link: https://ec.europa.eu/consumers/odr/.
This platform serves as a contact point for out-of-court dispute resolution regarding online purchase or service contracts involving consumers.
15.2 No Participation in Consumer Dispute Resolution
The provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
16.1 Right to Modify the Terms and Conditions
The provider reserves the right to amend these Terms and Conditions (AGB). Any changes will be communicated to the customer in text form.
16.2 Notification and Right of Objection for Customers
The provider is entitled to amend these Terms and Conditions for objectively justified reasons (e.g., changes in case law, legislation, market conditions, or business strategy) while ensuring a reasonable notice period. Existing customers will be informed at least two weeks before the changes take effect via email.
If the customer does not object within the specified period mentioned in the amendment notice, their consent to the changes is deemed granted. If the customer objects, the amendments shall not take effect. However, in such a case, the provider reserves the right to terminate the contract extraordinarily with a notice period of 30 days if continuing the contractual relationship under the old Terms and Conditions becomes unreasonable.
The notification of the intended amendment will explicitly mention the notice period and the consequences of an objection or lack thereof.
Last updated 31.03.2025
