General Terms and Conditions

General Terms and Conditions of PageOK GmbH, authorized representative Christopher Scholz, Rübezahlstr. 4, 81739 Munich, Germany

§ 1 Scope of application and contractual partners

(1) PageOK GmbH (hereinafter referred to as "PageOK") provides its services exclusively on the basis of these General Terms and Conditions (hereinafter referred to as "GTC").

(2) The version of the General Terms and Conditions valid at the time the contract is concluded shall apply. The General Terms and Conditions shall also apply to all future business relationships, even if they are not expressly agreed again.

(3) Deviating terms and conditions are only valid if they have been confirmed in writing by PageOK.

§ 2 Subject matter of the contract

The subject matter of the contract is the granting of the use of our cloud-based subscription services for monitoring, analyzing and evaluating the performance of websites (hereinafter "Service") via the Internet for a fee and for the agreed duration.

§ 3 Conclusion of contract

(1) The contract between you (hereinafter referred to as the "Customer") and PageOK for the use of our services is concluded when you log in or register via the website www.pageok.net. PageOK will send you an order confirmation by e-mail.

(2) Insofar as PageOK uses third parties to provide the services offered, these third parties shall not become contractual partners of the Client.

§ 4 Services provided by PageOK

(1) The functional scope of the service as well as the prices and terms of payment can be found in the respective product/service description on www.pageok.net.

(2) We are entitled to update and further develop our service at any time and, in particular, to adapt it due to changes in the legal situation, technical developments or to improve IT security. In doing so, we will take your legitimate interests into account appropriately and inform you of any necessary updates in good time. In the event of a significant impairment of your legitimate interests, you have a special right of termination.

(3) We shall not be obliged to adapt to the customer's individual needs or IT environment unless the parties have expressly agreed otherwise.

(4) PageOK reserves the right, in the case of free services, to discontinue these at any time, but with prior notice. This shall not give rise to any claims for reduction, reimbursement or damages against PageOK.

§ 5 Obligations of the customer

(1) You must protect and store the access data transmitted to you against access by third parties in accordance with the state of the art. You shall ensure that it is only used within the contractually agreed scope. Unauthorized access must be reported to us immediately.

(2) The applicable laws must be complied with when using the services on www.pageok.net.

(3) The customer shall reimburse PageOK for any material and personnel expenses incurred in the event of a breach of contract, as well as any expenses incurred for PageOK.

§ 6 Liability and limitation of liability

(1) Claims for damages against PageOK arising from the impossibility of performance, positive breach of contract, culpa in contrahendo and tort are excluded, except in cases of willful misconduct or gross negligence.

(2) PageOK shall not be responsible for delays in delivery and performance due to force majeure and due to events that make it significantly more difficult or impossible for PageOK to provide the services (including strikes, lockouts, official orders, failure of communication infrastructure, etc.), even if they occur at PageOK's suppliers or their subcontractors, even in the case of bindingly agreed deadlines and dates. They shall entitle PageOK to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period.

(3) PageOK shall not be liable for damages resulting from PageOK's failure to perform due to force majeure or labor disputes. Liability for loss of profit or indirect damage is excluded.

(4) PageOK shall not be liable for the completeness, accuracy or timeliness of the information transmitted via PageOK's services, nor that the rights of third parties are infringed by the transmission or that the sender acts unlawfully by transmitting the information.

(5) The PageOK service is provided without any guarantee of availability or quality.

(6) Notwithstanding the following cases of unlimited liability, PageOK shall only be liable for slightly negligent breach of duty in the event of a breach of material contractual obligations, i.e. obligations whose fulfillment is essential for the proper execution of the contract or whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the other party may regularly rely, but limited to the damage foreseeable at the time of conclusion of the contract and typical for this type of contract.

(7) The above limitations of liability shall not apply to injury to life, limb or health.

§ 7 Defects of title; indemnification

The Customer warrants that the content and data stored on PageOK's servers and its use and provision by PageOK do not violate applicable law, official orders, third-party rights or agreements with third parties. The Customer shall indemnify PageOK on first demand against any claims asserted by third parties due to a breach of this clause.

§ 8 Terms of remuneration and payment, default of payment

(1) The Customer shall pay a monthly fee in accordance with the subscription taken out using the means of payment offered by PageOK.

(2) The fee is payable monthly in advance to PageOK.

(3) The Client may only offset claims of PageOK against undisputed or legally established claims. The customer shall only be entitled to assert a right of retention due to counterclaims arising from the concluded contract.

(4) In the event of default in payment, PageOK shall be entitled, following an unsuccessful reminder, to discontinue the service or to take back services already rendered. In all other respects, the statutory provisions on default of payment shall apply.

§ 9 Contract term and termination

(1) The contract term is specified in the service description. The minimum term is at least one month. The subscription can be terminated monthly, unless otherwise agreed.

(2) The contract term is automatically extended by the agreed period if the service has not been terminated by the end of the contract term.

(3) The right to terminate the contract without notice for good cause remains unaffected.

(4) All customer data on the servers will be irretrievably deleted at the end of the contractual relationship.

§ 10 Data protection; confidentiality

(1) The parties shall comply with the applicable data protection provisions applicable to them.

(2) The Client is hereby informed in accordance with Section 33 (1) of the Federal Data Protection Act and Section 4 of the Teleservices Data Protection Ordinance that PageOK stores its personal data in machine-readable form and processes it automatically in the course of fulfilling the contract.

(3) In the event that PageOK makes use of third-party services for the provision of the Services, PageOK shall be entitled to pass on Client data if this is necessary for the provision of the contractually agreed services.

§ 11 Manipulation or disruption of system integrity

(1) The customer may only use PageOK's websites by means of standard browsers.

(2) Measures aimed at rendering the PageOK websites inoperable or making their use more difficult are prohibited. No measures may be taken that could lead to an unreasonable overload of PageOK's infrastructure.

§ 12 Cancellation policy

(1) Right of withdrawal

You have the right to withdraw from this contract within fourteen days from the conclusion of the contract without giving any reason. To exercise your right of withdrawal, you must inform us (PageOK GmbH, Rübezahlstr. 4, 81739 Munich, phone 00498996228582, e-mail info@pageok.net) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

(2) Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you 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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

§ 13 Final provisions

(1) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Munich, as the registered office of PageOK, provided that the contractual partner is a merchant, a legal entity under public law or a special fund under public law.

(2) There are no verbal or written collateral agreements to this contract. Amendments to this contract and its annexes must be made in writing.

(3) Contracts concluded on the basis of these GTC shall be governed exclusively by the law of the Federal Republic of Germany.

(4) The legal validity of this contract shall also remain unaffected if the contract contains a loophole or if individual components of the contract are or become invalid or unlawful. The invalid provision shall then be replaced by a valid provision that comes as close as possible to the content of the contract and the provision. A loophole shall be filled with an effective and meaningful provision.