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General Terms and Conditions
Last updated: 3 January 2025
1. Scope
These terms govern the use of Webmetic and apply to all business relationships between Webmetic GmbH and its users, both for current and future transactions. By using the service, users agree to these terms.
2. Services
Webmetic provides comprehensive, detailed website analytics through advanced tracking scripts. These services are available through a specially secured area that enables users to access them efficiently and reliably. Webmetic helps companies gain valuable insights into user behavior and optimize their online strategies.
3. Registration and security
Registration is required to access Webmetic's range of features. During registration, users must provide relevant company and contact details as well as payment information. Users are responsible for the security and confidentiality of their password and are liable for any misuse. If misuse is suspected, users must notify Webmetic GmbH without delay.
4. Availability
Webmetic GmbH aims to provide the service with average monthly availability of 99.9%. This availability guarantee excludes force majeure, incorrect operation by the customer, and scheduled maintenance. Webmetic GmbH will take all reasonable measures to ensure Webmetic's availability and reliability.
5. Support and response times
Webmetic GmbH provides comprehensive support to resolve service issues quickly and efficiently. Customers must report problems without delay so they can be addressed as soon as possible. Support is available on business days, and Webmetic GmbH aims to respond to support requests within one business day. Support includes technical assistance and advice on making the best use of the analytics features.
6. Copyright
Analytics results generated by Webmetic are intended solely for the user's internal use. Sharing this data or the software with third parties, or reproducing it beyond the contractually agreed scope, is strictly prohibited. Webmetic and all related content are protected by copyright.
7. Fees
Webmetic GmbH offers a free 14-day trial of the service. After this period, users can choose from various license plans. Monthly fees are due at the beginning of each billing month and may be paid using various payment methods. In the event of late payment, Webmetic GmbH reserves the right to suspend access to the services.
8. Liability
Webmetic GmbH's liability is limited to cases of intent or gross negligence. In such cases, Webmetic GmbH is liable for typically foreseeable damages. Liability is excluded in all other cases unless mandatory law provides otherwise. This limitation also covers indirect damages and lost profits.
9. Third-party rights
Webmetic GmbH warrants that use of the service does not infringe third-party rights. Should a third party nevertheless assert rights, the user must notify Webmetic GmbH without delay and assist in resolving the matter. Webmetic GmbH will take all necessary measures to prevent infringement of third-party rights.
10. Data privacy
Webmetic complies with all relevant data-protection laws. Users are responsible for using the data in compliance with data-protection requirements and must obtain all necessary consent when collecting personal data. Webmetic GmbH undertakes to store user data securely and use it only within the scope permitted by law.
11. Amendments to the terms
Webmetic GmbH reserves the right to amend the terms and fees for the service. Users will be notified of amendments in writing, and amendments are deemed accepted unless the user objects within one month of receipt. If a user objects, Webmetic GmbH may terminate the contract with one month's notice. Amendments take effect one month after notification.
12. Payments
Invoices from Webmetic GmbH are payable immediately upon receipt without deduction. In the event of late payment, default interest of 5% above the ECB base rate is payable unless greater damage is demonstrated. Webmetic GmbH reserves the right to require advance payment and provide services only after payment has been received in full.
13. Reference rights
By using the service, the customer agrees that Webmetic GmbH may name it as a reference customer. Webmetic GmbH may use the customer's logo for marketing purposes. The customer may withdraw this consent at any time by notifying Webmetic GmbH in writing.
14. Processing on behalf of the customer
Webmetic GmbH processes data collected through use of the service on the customer's behalf pursuant to Article 28 GDPR. A data processing agreement covering all material aspects of processing is concluded with every customer. In particular, the agreement covers:
- the subject matter and duration of processing,
- the type, scope, and purpose of data collection,
- implementation of technical and organizational measures to protect the data,
- rules on rectification, erasure, and restriction of data,
- the conditions for appointing subprocessors,
- the customer's audit and instruction rights.
Webmetic GmbH ensures compliance with all GDPR requirements and other applicable data-protection laws. The agreement is provided to the customer when the contract is concluded and forms an integral part of the use of Webmetic.
