§ 1 Scope, business customers only
(1) These terms and conditions apply to all contracts between DACH Digital Growth Group LLC, 30 N Gould St, STE R, Sheridan, WY 82801, United States of America (“Provider”) and its customers concerning the use of the PageKoala platform (pagekoala.com).
(2) The offer is aimed exclusively at businesses (Unternehmer) within the meaning of § 14 BGB (German Civil Code). By registering, the customer confirms that they are acting in the exercise of their commercial or independent professional activity. There is no consumer right of withdrawal.
(3) Deviating terms of the customer do not apply unless the Provider expressly agrees to them in text form.
§ 2 Subject matter of the contract
(1) PageKoala is a software-as-a-service platform for the AI-assisted creation, management and operation of websites, including hosting, a web address (customername.pagekoala.com), optional connection of a custom domain, enquiry management, visitor statistics and other services described in the respective plan.
(2) The registration of custom domains is not part of the contract; the customer registers domains themselves with a provider of their choice and sets up the forwarding in accordance with the Provider’s instructions.
(3) The Provider may further develop the platform, provided that the contractually agreed scope of services is not materially restricted as a result.
§ 3 Conclusion of contract, trial, guest accounts
(1) The contract for the free trial is concluded upon completion of registration. The contract for a paid plan is concluded upon completion of the ordering process at checkout; the Provider confirms the booking by email.
(2) During the trial, limited functions are available (among other things, one AI change request per website). Websites in the trial can be viewed but can only be published after approval (§ 6).
(3) Starting via the chat on the home page creates a provisional guest account. Guest accounts that are not secured within 14 days by providing an email address and password are deleted, including the website created.
§ 4 Scope of services, fair use, availability
(1) The scope and prices of the plans (currently: Solo €29, Comfort €99, All-in €199, each net per month and website; with annual payment in advance, ten monthly prices for a twelve-month term) are set out in the service description displayed at the time of ordering.
(2) Each plan includes a monthly allowance of change points (currently: Solo 60, Comfort 150, All-in 300 per website and calendar month). Each AI change uses points depending on its scope (currently: one section 1, whole page 2, new subpage 3); the point value is displayed before execution, and every booking can be viewed in the customer area. Unused points are carried over once into the following calendar month (up to the amount of one monthly allowance); beyond that, they expire. Additional points can be purchased as a package; purchased points do not expire. Corrections to company details, logo and legal texts as well as undoing a change do not count towards the allowance. To protect against downgrading by search engines, the Provider creates a maximum of 30 new subpages per website per calendar month; any further requirements will be agreed individually. In the event of automated mass requests, the Provider is entitled to spread the execution of further AI runs over time.
(3) Personal services (kick-off call, review by an expert, content maintenance, personal contact person) are provided on working days during normal business hours; appointments are arranged via the customer area.
(4) Hosting, SSL certificate, daily data backup and the data traffic of the published website are included in the plan; there is no limit based on visitors. The storage space for uploaded and generated images is limited per plan (currently Trial 0.5 GB, Solo 2 GB, Comfort 10 GB, All-in 50 GB). Use beyond the operation of a business website (in particular video streaming, file distribution, automated mass requests) is not part of the contract. The Provider owes availability of the published websites in line with the state of the art, but no specific availability rate. Maintenance windows are scheduled outside normal business hours wherever possible. The Provider continuously monitors the availability of the platform and makes backup copies daily.
§ 5 AI-generated content, rights of use
(1) Texts and images are generated with the help of artificial intelligence and labelled as such. Despite careful system design, AI-generated content may contain factual errors.
(2) The customer checks all content for accuracy, completeness and legal admissibility before publication. By approving it (§ 6), the customer adopts the content as their own.
(3) The Provider grants the customer a simple (non-exclusive) right, unlimited in time and space, to use the texts and images generated for them for their own business purposes; this right survives the end of the contract. The customer acquires no rights to the platform itself, its templates or program code.
(4) Content provided by the customer (e.g. logo, texts, knowledge) remains their property; the customer grants the Provider the right of use required to operate the website and warrants that they are entitled to use it.
§ 6 Approval and publication
(1) A website is only made publicly accessible after express approval by the customer. The approval is documented with name, time, IP address and declaration and is deemed acceptance of the website in the approved version.
(2) By approving, the customer confirms that they are entitled to use all content provided, that they have checked the website including the legal texts, and that they accept the data processing agreement (§ 12).
(3) Subsequent changes to an approved website are published immediately; the customer can undo changes using the version function.
§ 7 Legal text tools
The platform provides templates and input forms for the imprint and privacy policy of the customer website. These are working aids and do not constitute legal advice. The customer is responsible for the accuracy and completeness of the legal texts on their website; in special cases (e.g. mandatory professional information, online shop, newsletter, tracking), they must obtain legal advice.
§ 8 Obligations of the customer
(1) The customer does not post any unlawful content, does not infringe any third-party rights and does not use the platform to send unsolicited messages or to deceive visitors.
(2) Access credentials must be kept secret. The customer informs the Provider without undue delay of any possible unauthorised use of their account.
(3) The customer keeps their company and billing details up to date and ensures that the stored email address can be reached; enquiries via the customer website are delivered exclusively to this address and to the customer area.
(4) In the event of violations, the Provider may block the affected content or websites after giving notice – or immediately in the event of acute danger to third parties or the platform – and may terminate the contract for cause in the event of serious violations.
§ 9 Prices, payment, default
(1) All prices are net plus statutory VAT.
(2) Payment is made monthly in advance by credit card or SEPA direct debit via the payment service provider Stripe. Invoices are provided electronically.
(3) In the event of default in payment, the Provider may, after giving notice and a grace period of 14 days, reset the website to draft mode (not publicly accessible). The customer’s data are retained.
(4) The Provider announces price changes in text form at least six weeks in advance; they apply from the next billing period. The customer may terminate until the changes take effect. Ongoing subscriptions retain their price until then.
§ 10 Term, termination, data export
(1) Paid plans have a term of one month and are automatically extended by one month at a time until terminated by either party at the end of the current billing period. Termination is possible at any time via the customer account (Plan & invoices) or in text form.
(2) The right to terminate for good cause remains unaffected.
(3) After a paid plan ends, the published website is reset to draft mode and is no longer publicly accessible; a connected custom domain is disconnected. The customer can export their enquiries and contacts as CSV at any time – including before the end of the contract. The right to delete the account (Art. 17 GDPR) remains unaffected.
§ 11 Liability
(1) The Provider is liable without limitation for intent, gross negligence, injury to life, body or health and under the German Product Liability Act (Produkthaftungsgesetz).
(2) In the event of simple negligence, the Provider is only liable for breaches of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely), limited to the foreseeable damage typical for the contract, but in any case to no more than the total fees paid by the customer in the twelve months preceding the event causing the damage.
(3) The Provider is not liable for content that the customer posts or approves, nor for the legal admissibility of their website. The customer indemnifies the Provider against third-party claims based on content for which the customer is responsible.
(4) The Provider is only liable for data loss up to the amount that would be required for restoration if data had been properly backed up daily.
§ 12 Data protection, data processing on behalf
Insofar as the Provider processes personal data on behalf of the customer (in particular visitor data and enquiries of the customer website), the data processing agreement pursuant to Art. 28 GDPR applies; it forms part of this contract and is accepted by the customer when approving their website. In all other respects, the privacy policy applies.
§ 13 Changes to these terms and conditions
The Provider may amend these terms and conditions with effect for the future insofar as this is necessary to adapt them to changes in the legal situation, case law or technical circumstances and does not unreasonably disadvantage the customer. Changes are communicated in text form at least four weeks before they take effect; if the customer does not object before they take effect, they are deemed accepted. The notification will point out this consequence.
§ 14 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Heilbronn. The Provider is also entitled to sue the customer at the customer’s general place of jurisdiction.
(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.