General Terms and Conditions of

kb4dev GmbH, Sudetenstr. 3c, 82140 Olching, Commercial Register: Munich HRB 206644, Managing Director: Erich Behmen, Tel. +49 (0) 151 5560-6161, email: info@serptimizer.com

Last modification: 29. November 2021

§ 1 Scope

1.1. These general terms and conditions apply to the use of the serptimizer.com website and the online offers made available there. Operator of the serptimizer.com website is kb4dev GmbH, Sudetenstr. 3c, 82140 Olching (hereinafter referred to as “Serptimizer”).

1.2. All Serptimizer offers and services are made or provided exclusively on the basis of these terms and conditions. Any user terms and conditions do not apply. This also applies if Serptimizer has not expressly objected to the same.

1.3. Serptimizer’s offer on the serptimizer.com website is aimed exclusively at entrepreneurs as defined by §14 of the German Civil Code (BGB). Entrepreneurs are natural or legal persons or partnerships who, when entering into a legal transaction, are acting in the capacity of their employment or independent professional activity.

§ 2 Purpose

2.1. Serptimizer offers users on the serptimizer.com website a service that analyses, monitors, and optimizes other websites with the aim of increasing and maintaining their user-friendliness and ability to be found by search engines (search engine optimization). Serptimizer provides its customers with an online SEO audit tool with which they can check their own webpages and optimize on the basis of the results.

2.2. There is a fee to use Serptimizer’s services as defined above. These services are provided by Serptimizer solely on a subscription basis.

2.3. Customers may visit the serptimizer.com website to purchase different subscriptions that allow them to use the services for the term and extent indicated.

§ 3 Contract

3.1. Serptimizer’s offers on the serptimizer.com website are not binding.

3.2. A subscription contract as defined in §2.3 above does not take effect until Serptimizer confirms the same by email or otherwise allows the customer to actively use the service booked.

§ 4 User account, registration

4.1. A subscription for Serptimizer’s services requires customers to register and open a user account.

4.2. Correct and complete information must be provided when registering for a user account. Third-party data may not be used without their consent.

4.3. You are obliged to treat access data such as your password in strict confidence, not to make it accessible to third parties, and to inform Serptimizer immediately in the event of loss or unauthorized use so that your password can be blocked or changed.

4.4. If their user account is misused by third parties, users hereby agree to indemnify and hold Serptimizer harmless from any third-party claims unless they are not responsible for the misuse of the same.

4.5. Users are also required to keep their registration information up-to-date.

4.6. The user account may only be used by the registered user. The use of a user account by more than one person is not allowed.

4.7. Users may only have one user name at a time.

4.8. User accounts are non-transferable.

4.9. By registering, users warrant that they meet the necessary legal requirements (e.g. business registration, business license, regulatory approvals, etc.) for entrepreneurs within the meaning of § 14 BGB in order to take advantage of the services offered.

4.10. Serptimizer may refuse to register users without giving any reason.

§ 5 Payment terms

5.1. Subscriptions booked by users will be billed in advance either monthly or annually as they choose. All prices exclude statutory VAT.

5.2. Invoices are due for payment immediately without deductions.

5.3. Invoices are sent to the email address stored in the user’s account.

5.4. Payment is to be made via the payment options available within the booking system on the serptimizer.com website. The following payment options are available: Credit Card, Paypal.

5.5. Users may grant Serptimizer a revocable SEPA B2B direct debit mandate for all invoices for the entire term of this agreement.

5.6. If a bank direct debit is revoked for reasons for which the customer is responsible, they will reimburse Serptimizer any bank fees resulting from the same.

5.7. If users are in default of payment, Serptimizer is entitled to refuse to perform or provide access to its services either in whole or in part. The obligation to pay the outstanding invoice is not affected by this suspension of service.

5.8. Users may offset or retain payments only if their counterclaim is undisputed or is court-ordered.

§ 6 Contract term and termination

6.1. The subscription contract is for the subscription period specified and may be properly terminated by either party at any time before the end of the contract period. Termination must be in writing (letter, fax, email). If the contract is not terminated by the end of the current period, it will be automatically extended for another contract period of the same duration.

6.2. The right to extraordinary termination for cause remains unaffected.

6.3. In general, a refund of already paid fees is not possible. Should the service not be available as agreed, we ask you to inform us via our contact page or at the email address support@serptimizer.com. If we are not able to provide the service within 3 working days after notification, the user can withdraw from the contract and receive a pro rata refund from the day of the failure, but not more than 7 days retroactively from the day of the received cancellation.

§ 7 Rate changes (upgrade/downgrade)

7.1. Customers may at any time submit a written request for an upgrade. The contract for the upgraded service takes effect only when Serptimizer confirms the change by email.

7.2. Customers may downgrade only after the end of the agreed contract period. To do so, the customer must send a written request to Serptimizer received before the end of the current contract period. The downgrade only takes effect when confirmed by Serptimizer by email. Data and services available only at a higher rate will be automatically removed after the expiration of the previous contract term.

§ 8 Requirements for content uploaded and managed via the user account

8.1. Third-party rights: Users may only manage and upload legal content in the Serptimizer system. In particular, the content and/or their feed may not violate the rights of third parties (e.g. name, license plate, copyright, privacy, personal rights, etc.). Users warrant that they have the necessary rights to manage and upload their content and that such activities are not in breach of third-party rights.

8.2. Indemnity: Users hereby indemnifies Serptimizer from all third-party claims related to content managed and/or uploaded in the Serptimizer system. This also applies to legal fees and court costs incurred by Serptimizer in mounting a defence against such claims.

§ 9 Expulsion

9.1. Serptimizer may expel (block) users with immediate effect for cause. Serptimizer will give the user advance written warning, if reasonable.

9.2. Users may be blocked in particular if they

• have set up an incorrect or invalid email address;
• have not paid for services provided in the past or if there is some other reason to expect that they will not meet their payment obligations to Serptimizer;
• are in culpably in breach of §8.1 above;
• fail to document their status as an entrepreneur at Serptimizer’s request.

9.3. Once users are permanently blocked, they have no further right to access their user accounts. Blocked users may no longer register and no longer use Serptimizer’s online services, even if using another user account.

§ 10 Disclaimer, limitation of liability

10.1. Serptimizer accepts liability, regardless of the legal basis, for any injury to life, limb, or health arising from its negligent or intentional breach of duty or that of its legal representatives or vicarious agents; for damage caused intentionally or out of gross negligence by Serptimizer, its legal representatives, or vicarious agents; as well as for the absence of any guaranteed features in the contractual service.

10.2. If Serptimizer is in default with the service due to slight negligence, if the service has thereby become impossible, or if we have violated an essential obligation, the liability for damage to property and pecuniary losses resulting therefrom is limited to the foreseeable damage typical of such contractual agreements.

10.3. Any further liability, for whatever legal reason, is excluded.

10.4. Insofar as claims for damages are excluded or limited, this also applies with regard to the personal liability of the legal representatives and vicarious agents of Serptimizer.

10.5 Liability under the Product Liability Act remains unaffected by the above limitations of liability and disclaimers.

§ 11 Copyright, performance protection, and trademark rights, licensing

11.1. The content and structure of the Serptimizer websites are protected by copyright. All rights reserved. Information or data (text, images, graphics, sound, video, or animation files) on Serptimizer’s website are also protected by copyright and trademark rights and may not be used in any form without the prior written consent of Serptimizer.

11.2. When users upload copyrighted or otherwise legally protected content in the service of Serptimizer, they are granting Serptimizer a simple, revocable, global, non-transferable right to use the same for the duration of the contract. Consequently, Serptimizer may analyse, technically reproduce, modify, and, for the purpose of securing the provision of services, pass on the content to third parties.

§ 12 Use of customer references

Customers grant Serptimizer the unlimited, revocable, and non-transferable right from the time they register to mention the user and to include their company logo as reference customers on the serptimizer.com website and mobile app, in its marketing and advertising materials such as flyers, brochures, and other presentations, and as part of trade fair appearances.

§ 13 Data protection

The collection, processing, and use of personal data provided to Serptimizer when users subscribe to its services will be in accordance with the statutory provisions. Details may be found in the Serptimizer Data Protection Policy.

§ 14 Right to change

14.1. Serptimizer is entitled to change these terms and conditions. Serptimizer will make these changes only for valid reasons, particularly because of changing market conditions, new technological developments, changes in jurisprudence or other equivalent reasons. If there is significant disruption in the contractual balance between the parties as a result of the change, then the change will not be made. Furthermore, any changes require the user’s consent.

14.2. Insofar as the changes require the user’s consent, Serptimizer will inform users in writing concerning the changes, giving them a reasonable period to object and the consequences that may result. The changes shall be deemed to have been accepted if users fails to object in writing within one month after notification.

§ 15 Applicable law

For all disputes in connection with these terms and conditions, German law applies, excluding the UN sales law.

§ 16 Jurisdiction

The place of fulfilment and jurisdiction is the registered office of Serptimizer. Serptimizer is, however, also entitled to assert claims against users at their statutory place of jurisdiction.