Terms & Conditions

1. General Provisions

1.1 We, DatAds GbR, Tel-Aviv-Straße 1, 50676 Cologne, represented by the sole partners Maximilian Modrich and Daniel von Mirbach, provide registered users of our website www.datads.io with access to our "DatAds Software." Further information about DatAds GbR can be found in the Imprint section.

1.2 These terms and conditions apply to the services "Starter plan," "Plus plan," and "Pro plan," which we offer as subscription-based services via our website. All services are aimed at business customers, not consumers under § 13 BGB. "Customer" refers to the contracting party, and "User" refers to the person granted access to the services under an existing contract.

1.3 You may view, print, and save our terms and conditions during registration and each visit to our website. The terms in effect at the time of registration can be saved and printed during the registration process.

1.4 We reserve the right to amend our terms and conditions with your consent.

1.5 Deviating, opposing, or supplementary terms and conditions will not form part of the contract unless expressly agreed upon in writing by DatAds GbR.

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2. Conclusion of Contract for the Use of "DatAds Software"

2.1 We offer potential customers a 14-day free trial of our DatAds software. After registration, we create a test account and provide the necessary access details. Activation of the test account requires a mandatory onboarding session. The free trial ends 14 days after activation.

2.2 During the trial, the customer may select a subscription service, which constitutes an offer to enter into a contract.

2.3 A contract is concluded only upon the activation of the selected subscription. We may accept the offer within three business days.

2.4 By submitting your registration, you confirm that the data entered is accurate and complete. You must promptly notify us of any changes. Failure to comply may result in suspension, termination, and possible compensation claims.

3. User Access(Account) and User Responsibilities

3.1 Access to the DatAds software is password-protected and requires the assigned user credentials (Account).

3.2 The user access is granted exclusively to the registered user, known as a "Named User License." Account sharing with others is prohibited.

3.3 A customer may activate multiple user accounts for their company or organization, but each account may only be used by the designated registered user.

3.4 Each user must keep their account credentials confidential and prevent unauthorized access by third parties.

4. Availability of Service

4.1 We provide our services from the agreed start date, with the handover point being the internet interface of our data center.

4.2 We strive to offer uninterrupted service through our website, within the scope of DatAds GbR's control. The customer acknowledges that full availability is technically not feasible.

4.3 Availability is not affected by issues outside our control (e.g., internet disruptions) or necessary maintenance work.

4.4 Required maintenance is typically conducted outside normal business hours and announced in advance when possible. However, unannounced maintenance may occur when necessary for security.

5. Troubleshooting

5.1 We will maintain the subscribed services in a condition suitable for their intended use throughout the contract term and take necessary measures in case of disruptions.

5.2 You must promptly notify us of service malfunctions and outages, providing as much detail as possible. We accept proper reports during regular business hours. You are required to assist in resolving any issues.

5.3 Minor reductions in service suitability do not constitute warranty claims, and claims are excluded if deviations result from improper service use.

5.4 Termination due to non-compliance is only permitted after sufficient opportunity for defect correction.

6. Scope of Services, Proper Use, Suspension

6.1 Upon concluding a subscription contract, the customer’s registered users are granted access to use the DatAds software as per the selected subscription plan’s description (https://www.datads.io/preise).

6.2 If the customer unlawfully uses our services, they are liable to compensate us for the full service fee based on the minimum contract term. The burden of proof lies with the customer.

6.3 DatAds GbR reserves the right to suspend access to services if the customer or user violates these terms, including unauthorized third-party use or suspected violations

7. Liability

7.1 DatAds GbR is not liable for defects existing at the time of contract conclusion under § 536a (1) BGB without fault.

7.2 DatAds GbR is liable for damages caused by intentional or grossly negligent breaches, as well as for damages from slightly negligent breaches of essential contractual obligations. In cases of slight negligence, liability is limited to foreseeable damages typical at the time of contract conclusion.

7.3 Statutory liability for damages related to injury to life, body, health, or guarantees, and under product liability law, remains unaffected.

7.4 These liability limitations also apply to legal representatives and agents of DatAds GbR.

7.5 The contributory negligence of the user remains unaffected.

8. Contract Duration and Termination

8.1 The contract duration is determined by the agreed term at the time of conclusion.

8.2 For a subscription with a one-year term, the contract automatically renews for another 12 months unless terminated by either party with one month's notice before the contract or renewal period ends.

8.3 For terms of less than 12 months, the contract renews monthly unless terminated with one day's notice before the end of the term.

8.4 The right to extraordinary termination for cause remains unaffected.

8.5 Terminations must be in writing, either via email to info@datads.io or through the "Settings" section after login.

9. Payment

9.1 The 14-day trial period is free of charge.

9.2 After the free trial, DatAds GbR charges for the chosen subscription service as follows:

9.2.1 Fees for an annual subscription are charged upfront for the entire term. Renewal fees for the following year are charged if the subscription is not canceled on time (per section 8.2).

9.2.2 Fees for terms shorter than 12 months are charged monthly on the contract's start date.

9.3 If the customer upgrades to a higher package during the contract term, the difference will be charged proportionally for the remaining term.

9.4 Additional user access fees for the "Starter" or "Plus" plans are billed monthly on the contract start date.

9.5 Payment is processed via Stripe (Stripe Payments Europe Ltd. (SPEL)) using a registered payment method (credit card, PayPal, or SEPA direct debit). The payment method is charged on the due date.

9.6 We reserve the right to change our prices at any time. Any price changes will not affect already accepted orders unless otherwise agreed. If your subscription price changes upon renewal, we will inform you in advance via email. You may cancel your renewal or terminate your contract if you do not accept the price change.

9.7 The customer may only claim a right of retention, refusal of service, or offset if the counterclaim has been legally established, is undisputed, or if the customer has actual payment claims due to defects in goods or services.

10. Data Protection

10.1 We process personal data exclusively in accordance with the applicable data protection laws.

10.2 Detailed information on data protection can be found in our privacy policy at https://www.datads.io/datenschutz.

11. Confidentiality

11.1 "Confidential Information" includes all financial, technical, business, legal, tax, operational, personnel, or management information, regardless of whether it is labeled as "confidential." This applies to information relating to either party or an associated company and can include trade secrets, customer details, records, and know-how. Confidentiality applies regardless of the medium.

11.2 Both parties agree to keep all Confidential Information secret, unless required by law or court order.

11.3 The parties may agree on exceptions (e.g., for reference purposes).

12. Final Provisions

12.1 Exclusive jurisdiction for all disputes under this contract, if the customer is a merchant, is Cologne.

12.2 German law applies, excluding the CISG and international private law.

12.3 If any part of this contract is invalid, the remainder remains effective. The parties will agree on a replacement provision that closely aligns with the original's economic purpose