Terms of Service.

1. Scope and Provider

(1) These General Terms and Conditions (hereinafter "Terms") apply to all contracts between the Provider and the Customer regarding the use of the Software-as-a-Service applications provided by the Provider, in particular Webweezl Connect, available at connect.webweezl.io (hereinafter "Service").

(2) The Provider is:

Ahmad Fawad Sabri (sole proprietorship)
Rüsselsheimer Str. 167
65451 Kelsterbach
Germany
E-mail: info@fawadsabri.de
VAT ID: DE367201785

(3) The Service is intended exclusively for entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, and special funds under public law. Use by consumers within the meaning of § 13 BGB is excluded.

(4) Differing, conflicting, or supplementary terms and conditions of the Customer shall not become part of the contract unless the Provider expressly agrees to their applicability in text form.

2. Subject Matter of the Agreement

(1) The subject of the contract is the provision of the Service via the internet for use by the Customer during the contract term (Software as a Service).

(2) The scope of functions follows from the current service description on the Provider's website and from the tariff option chosen by the Customer.

(3) The Provider may further develop the scope of functions, provided that this does not materially restrict the contractually owed core of the Service. Material changes shall be communicated to the Customer in text form.

3. Contract Formation and Registration

(1) The contract is formed through the Customer's registration in the Service and acceptance by the Provider. Acceptance occurs through activation of the Customer's access.

(2) Upon registration, the Customer warrants that they are an entrepreneur within the meaning of these Terms and that the information provided during registration is true and complete.

(3) The Customer is obliged to keep their access credentials confidential and to protect them from access by third parties. The Customer is liable for all activities carried out under their access credentials, unless the Customer can prove that they were not at fault.

4. Services and Availability

(1) The Provider makes the Service available to the Customer via the internet. The handover point is the router output of the data center in which the Service is operated.

(2) The Provider aims for an availability of the Service of 99% on annual average, calculated on the basis of the total annual time. Scheduled maintenance and outages for which the Provider is not responsible (e.g. outages at third-party providers, force majeure) are not included in this calculation.

(3) Maintenance work shall, where possible, be carried out during low-usage periods and announced to the Customer with reasonable notice.

(4) The Provider points out that constant availability of the Service cannot be guaranteed for technical reasons (e.g. internet disruptions, maintenance, updates).

5. Customer Obligations

(1) The Customer undertakes to use the Service only within the framework of statutory provisions and these Terms. In particular, the Customer shall:

• not post, transmit, or process any content that violates applicable law or the rights of third parties (e.g. copyright, trademark, or personality rights),
• not use the Service to send unsolicited advertising (spam), to distribute harmful software, or to carry out attacks on other systems,
• neither circumvent the Service's technical protective measures nor attempt to impair its access controls or security mechanisms,
• comply with all obligations under the General Data Protection Regulation (GDPR), in particular as the data controller vis-à-vis the end users who submit data via forms and booking pages.

(2) The Customer shall indemnify the Provider against all third-party claims arising from unlawful use of the Service by the Customer. This also includes the reasonable costs of necessary legal defense. Further claims for damages remain unaffected.

6. Fees and Payment Terms

(1) The amount of the fee is determined by the tariff option chosen by the Customer in accordance with the price list valid at the time the contract is concluded. The fee is invoiced monthly or annually in advance, depending on the chosen billing period.

(2) All prices are exclusive of the applicable statutory value-added tax (VAT).

(3) Payment is processed via the payment service provider used by the Provider (e.g. Stripe). By selecting the payment method, the Customer authorizes the Provider to collect the fee on the respective due date.

(4) In the event of payment default, the Provider is entitled, after prior reminder with a reasonable deadline, to restrict or fully suspend access to the Service. The claim for the outstanding fee remains unaffected.

(5) The Provider may adjust prices with six weeks' notice prior to the start of a new billing period. If the Customer objects to the price adjustment in text form before it takes effect, the contract shall be deemed terminated with effect from the end of the current billing period.

7. Term and Termination

(1) The contract is concluded for an indefinite period, unless a minimum term is expressly agreed.

(2) For monthly billing, the contract may be terminated by either party in text form with fourteen (14) days' notice to the end of the current billing month. For annual billing, the notice period is three (3) months to the end of the current annual contract period.

(3) The right to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular if the Customer is in significant default with payment of the fee or materially breaches their obligations under these Terms.

(4) After contract termination, the Provider shall, upon request, make available to the Customer an export of their data in a common, machine-readable format for a period of thirty (30) days. After this period, the data shall be permanently deleted, unless statutory retention obligations preclude this.

8. Third-Party Integrations

(1) The Service enables the Customer to connect to third-party systems (e.g. Zoom, Microsoft 365, Google, Pipedrive, HubSpot, Stripe). This connection is made on the order and at the initiative of the Customer.

(2) The use of third-party systems is subject to the respective terms and conditions and privacy policies of the relevant third party. The Provider is not responsible for the availability, functionality, or content of these third-party systems.

(3) The Customer ensures that they hold the necessary rights to use the respective third-party accounts and that connecting these accounts to the Service is permissible vis-à-vis the respective third-party providers.

9. Liability

(1) The Provider is liable without limitation for damages arising from injury to life, body, or health that are based on a negligent breach of duty by the Provider or on an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider.

(2) The Provider is further liable without limitation for other damages based on an intentional or grossly negligent breach of duty by the Provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider.

(3) The Provider is further liable for damages caused by simple negligence, insofar as this negligence concerns the breach of contractual obligations whose fulfillment is of particular importance for achieving the purpose of the contract (cardinal obligations). However, the Provider's liability in such cases is limited to damages that are typically associated with the contract and foreseeable. Liability for simple negligent breaches of immaterial contractual obligations is otherwise excluded.

(4) Liability for data loss is limited to the typical recovery effort that would have been incurred had the Customer made regular and risk-appropriate backup copies.

(5) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

10. Data Protection

(1) The Provider processes personal data exclusively in accordance with applicable data protection regulations, in particular the GDPR and the German Federal Data Protection Act (BDSG).

(2) Insofar as the Provider processes personal data on behalf of the Customer, the parties shall conclude a separate data processing agreement pursuant to Art. 28 GDPR. Upon request, the Provider shall make a corresponding contract template available to the Customer.

(3) Further information on data processing is set out in the Privacy Policy.

11. Confidentiality

(1) The contracting parties undertake to treat as confidential all confidential information of the other party that becomes known to them in the course of performing this contract, and to use such information only for the purpose of fulfilling the contract.

(2) This confidentiality obligation shall continue to apply after the end of the contract for as long as, and to the extent that, the information concerned has not become publicly known or has not demonstrably become lawfully publicly accessible by other means.

12. Changes to These Terms

(1) The Provider may change these Terms with effect for the future where this is necessary to adapt them to changed legal regulations, supreme court rulings, or changed market or business conditions, provided that the change does not materially reshape the contractual relationship to the detriment of the Customer.

(2) Changes shall be communicated to the Customer in text form at least six (6) weeks before they take effect. If the Customer does not object to the change in text form within four (4) weeks of receipt of the notification, the change shall be deemed approved. The Provider shall expressly inform the Customer in the notification of the possibility of objection, the deadline, and the meaning of silence.

(3) If the Customer objects in time, the contract shall continue under the previous terms. In this case, the Provider reserves the right of special termination effective at the time the change was planned to take effect.

13. Final Provisions

(1) These Terms and all contracts concluded on their basis are governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The German-language version of these Terms is the sole legally binding version; this English version is provided for convenience only.

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is the Provider's registered office, provided that the Customer is a merchant, a legal entity under public law, or a special fund under public law. The Provider is also entitled to bring action against the Customer at the Customer's general place of jurisdiction.

(3) Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. Any invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

(4) Amendments and supplements to this contract require text form. This also applies to the modification of this text form requirement itself.