Terms of Service
The platform wao.io ("Platform") includes, besides freely accessible contents, particular functions and services which are only accessible after registration in a password protected control panel. There you can apply changes to your account and have access to analytics of your site.
wao.io reserves the right to change services and these Terms of Service from time to time. Unless you oppose a corresponding notification by wao.io, the amended services or Terms of Service, as the case may be, apply as of the calendar month which begins at least 4 weeks after receipt of the amendment notification.
1. Services of wao.io
(1) With your registration on the Platform, wao.io grants you a non-exclusive, non-transferable, temporary right to use all functions and services of the Platform. Insofar as you register in the name of an enterprise or other third party, you warrant that you have the necessary power of representation to oblige the enterprise and all third parties who utilize the services of wao.io via your user account.
(2) All contents on the Platform are protected by copyright. You are entitled to print out these contents and documents for internal use. A commercial use of documents, for example on other websites, in brochures, in presentations, lectures etc., is only permissible with reference to the source wao.io. You are not entitled to make changes.
(3) The Platform is made available for your use by wao.io as "Software as a Service" (SaaS) on servers. wao.io assures you – in the event of a payment-based use – an availability of the SaaS system of 99.9% on annual average for the delivery of your site to the end user. Availability is not considered to be restricted
- in case of a malfunction of the internet infrastructure,
- in case of a malfunction of your own systems connected to the SaaS system,
- if your service had to be temporarily closed down (see clause 4 (4)) or
- in the event of a necessary and reasonable maintenance of the SaaS systems which are announced with at least 48 hours’ notice, unless immediate action is required for security purposes.
(4) The availability of the SaaS system is measured by regular self-test calls from an external monitoring system. The SaaS system must answer these calls in a defined time with a defined message.
(5) You are responsible for the internet connection required to access the Platform.
(6) wao.io will maintain the Platform and carry out updates. wao.io decides on the type, scope and frequency of the updates based on the technical requirements and at its own discretion.
(7) For the SSL encryption of a site, wao.io makes available a SSL certificate under a domain stipulated by wao.io. Use thereof is optional.
(8) These terms apply to the entire user agreement between you and wao.io, i.e. to all free and payment-based services of wao.io utilised by you via your user account or the websites under the domain wao.io and all subdomains of wao.io, irrespective of whether the service is expressly referred to in these Terms of Service.
2. Data Protection and Data Security
(1) Personal data of wao.io users is only collected, stored and processed to the extent required to render our services and to the extent permitted by legal provisions or instructed by legislators. Further information on data processing and data protection is provided in the wao.io data protection declaration.
Where the data protection and privacy permission declaration of the user is collected within the framework of our services, said user shall be informed that they can revoke this declaration with effect for the future, at any time.
(2) wao.io uses your personal data to manage the user account, render the services, for marketing and payment purposes, as well as to prevent technical disruptions. To this effect wao.io also collects the following user data in addition to your personal data: IP address, date, time, browser type and sites viewed.
(3) You are responsible for equipping your computer with preventative security measures which conform to the latest state-of-the-art.
(4) wao.io is entitled to create anonymized analyses of website uses and of the devices and browsers used.
(5) The user account is – even if the services of wao.io are used for commercial purposes – your personal account. You are obliged to prevent any access to your user account by third parties. In the event of a suspected abusive use, you will immediately change the existing password and notify wao.io. Should a violation of the secrecy obligation enable third parties to use your control panel, you bear the costs incurred through such violation.
3. Contract, Payment, Right of Revocation and Cancellation
(1) Contractual Agreement
We are offering a 14 days free trial. During the free trial the user is obliged to comply with applicable legal provisions.There is no entitlement to the automatic continuation of the wao.io service after the free trial. A legally binding and enforceable contract shall take effect – unless upon successful completion of the registration process. The user has the opportunity to print these terms at any given time. For this purpose the print function of the respective browser can be used. The user does not have a claim to the conclusion of a contract. wao.io reserves the right to refuse the offer of a user to enter into a contract with them, without giving reasons. wao.io users must be at least 18 years old to register a wao.io website. wao.io shall not knowingly collect information of minors or other persons who by law are not permitted to utilise our service and websites. If we become aware that we have collected personal data of minors, we shall delete these immediately; unless we are legally obligated to retain the data.
(2) Terms of Payment
All payment methods possible shall be displayed to the user in the product information and/or during the checkout and ordering process. Invoices shall be provided to the user electronically, in pdf form. The respective invoiced amount is due in full to wao.io 7 days after the invoice has been deemed to have been received, unless otherwise agreed in text form. The relevant day to determine the timeliness of payment is the day at which the amount is received by, or credited and completely available to wao.io. wao.io is also entitled to deactivate/block the user’s service(s) and prevent their access where the charges due are not paid. wao.io does not accept any liability for losses, damages or loss of revenue that may be caused by the blocking of a wao.io Site due to incomplete or delayed payment, as long as the failure or delay can be attributed to the wao.io user. Pricings and invoice amounts are shown in EURO. Discounts and other actions can only be applied to the first term of a contract, unless otherwise stipulated. The current, applicable price shall apply to all contract renewals. We may change our offer and prices from time to time. In the event of such a change all existing, fee based contract holders shall be provided with a 6 week notice period and the changes shall take effect from the beginning of the next contractual period. If the wao.io user does not object to these changes within 6 weeks of the receipt of this change-notification and continues to use the wao.io services subsequent to the expiration of the deadline, the changes announced in the notification shall be deemed to be effectively agreed to. In the notification message we shall inform the user as to their right of objection, as well as the consequences of such an objection. All prices on the website exclude VAT. The applicable VAT rate shall be shown on the invoice. If the wao.io user i.e. the corresponding company is not based in Germany, but in the EU, the wao.io user shall receive an invoice in which the VAT is not shown. In that case the wao.io user shall enter a (valid) VAT identification number with their wao.io order. In that case the wao.io user is responsible for the taxation (reverse charge procedure). wao.io user outside EU receive a net amount invoice.
(3) Chargebacks
Should a payment be back-posted by the wao.io user, we shall reserve the right to block the corresponding wao.io service(s) and/or the relevant wao.io account and to terminate the associated contract. Resumed use of the wao.io service and/or the wao.io account shall only be possible once all outstanding sums have been settled. Charges that wao.io incurs via a chargeback from a wao.io user, denial of payment or via the opening of a dispute claim, may be invoiced to the user. Should the wao.io user have questions regarding a payment they may contact the customer support teams in advance. Should problems occur that prevent the collection/charging of the invoiced amount, wao.io reserves the right to only offer certain payment methods for the payment of the invoice.
(4) Right of Revocation
Consumers are generally entitled to a right of revocation. Further information can be found in our Cancellation Policy. In the event of a revocation of the contract by the wao.io user, payments received from the user shall be returned without delay and at the latest within 14 days from the receipt of the revocation. We will return your payment using the same payment method that you originally used to pay for your wao.io package.
(4a) Cancellation Policy
You can cancel your service contract within 14 days of your initial purchase by contacting us - Avenga Germany GmbH, Bahnhofsvorplatz 1, 50667 Cologne, Germany, support@wao.io. In order to maintain the cancellation period, it is sufficient for you to send the notification of the right of withdrawal before the expiry of the withdrawal period.
Effects of cancellation
Once the cancellation is completed, wao.io will delete all data associated with the user, including their wao.io services.
(5) Contracts and Cancellations
A free wao.io service can be deleted by the user at any time using the settings on the wao.io website. A wao.io account can be deleted by the wao.io user via the settings in the control panel. Cancellations can be directly submitted by the wao.io user via https://wao.io/account/settings. Fees paid in advance shall not be refunded upon termination of the contract or deletion of the site prior to the end of the contract period. The wao.io user has the possibility to change their current package. An upgrade or downgrade to another package is possible. wao.io may terminate the contracts with the wao.io user unilaterally and without stating reasons by giving at least three month’s notice. In such a case wao.io will refund any fees paid by the User in advance on a pro rata basis. Either party’s mutual right to extraordinary termination for serious reasons remains unaffected. In particular we shall have the right to terminate the contractual relationship with no notice period if circumstances allow the assumption that the wao.io user has intentionally or negligently committed “illicit activities” pursuant to points 4 and 6 of these terms or has breached other obligations of these terms. Such a breach and/or non-compliance can also result in further civil and criminal consequences for the wao.io user. Instalments paid in advance shall not be reimbursed in this case. The wao.io user shall be entitled to demonstrate that non-reimbursement is “unreasonable” in its case. After termination of the contraction relationship we are no longer obligated to provide the contracted services. We can delete all data of the wao.io user that are located on our services. Transferring the user’s complete wao.io services to the server of a third party is not possible.
4. Obligations of the User
(1) You are responsible for the fact that the sites published by you using the Platform violate neither the statutory provisions nor infringe the rights of third parties. In particular, you undertake not to offer content which are slanderous, offensive, obscene, discriminating, glorify violence or are suited to incite racial hatred or acts of violence, infringe protected rights of third parties or for which you have not obtained all the required licenses and/or permits, or violate any other laws.
(2) You indemnify wao.io against all claims of third parties which are asserted against wao.io in connection with the use of the Platform on grounds of the content made available by you, including reasonable costs of the judicial and extrajudicial defense against such claims.
(3) At no time may you – for example through corresponding text or pictures – give the impression that the sites published by you via the Platform concern content provided by wao.io itself or authorized by wao.io.
(4) The hardware resources are constantly adapted to the system load, i.e. the number of Delivered Pages (DP). Should a site endanger the integrity or stability of the SaaS system, for example because its own system does not function or only functions unreliably, or because you generate peak loads with a site which, in a time interval of ten (10) minutes, exceed four times the average monthly load per hour, wao.io can temporarily discontinue the operation of this site. The conducting of so-called load tests and penetration tests without permission by wao.io is expressly prohibited.
(5) The use of the Platform to send impermissible advertising to third parties per electronic message (e.g. SMS/MMS message or email) is prohibited.
(6) Should you violate the provisions of clauses 2 or 4 of these Terms of Service, wao.io can discontinue the rendering of its services, i.e. block your user account and the sites operated by you and terminate the user agreement.
(7) You shall ensure a regular and reasonable backup of all data which is of importance to you.
(8) The above provisions apply independently of whether or not you publish your own site or that of a third party via the Platform.
5. Marketing
(1) Each party may, for the duration of this user agreement, make reference to the name and logo of the other party on its website and at presentations for marketing measures, unless the other party opposes such reference.
(2) Insofar as you use the services of wao.io for rendering services for your customers, you will endeavor to obtain the consent of your customers in accordance with clause 5 (1) in wao.io’s favor.
(3) The use of the name and logo for other marketing measures, in particular in press declarations, press articles and brochures, requires the prior consent of the other party.
6. Proprietary Rights of Third Parties
(1) wao.io warrants that the Platform is free from the rights of third parties which restrict or exclude a use according to the scope stipulated herein. wao.io indemnifies you as a paying user against all claims of third parties which are asserted on the basis of a use of the Platform which conforms to these Terms of Service.
(2) If the use of the Platform in conformity with these Terms of Service is impaired by proprietary rights of third parties, wao.io is entitled, in a scope reasonable for you, to either alter the Platform in such a way that you are removed from the protected scope without a substantial restriction of the use, or to procure authorization that permits the unrestricted use of the Platform in conformity with these Terms of Service without any additional costs for you.
7. Rights regarding Defects
(1) wao.io warrants that the Platform has the agreed qualities pursuant to these terms and the documentation during the term of the user agreement.
(2) You are obliged to notify wao.io without undue delay of any defects that arise.
8. Liability
(1) Your claims for damages, irrespective of the legal nature of the claims, are subject to this clause.
(2) For damages arising from an injury to life, physical wellbeing or health which are based on a willful or negligent breach of duty by wao.io, wao.io bears unlimited liability. In all other respects, wao.io is liable without limitation only in case of a breach of guarantee as well as for wilful intent and gross negligence, also of its legal representatives and vicarious agents (“Erfüllungsgehilfen”).
(3) Subject to para. 2. above, in cases of simple negligence wao.io is liable only insofar as it concerns a breach of a duty which is a prerequisite for the orderly execution of the user agreement and whose fulfillment you therefore rely upon and may rely upon (so-called cardinal obligation). In this case, wao.io’s liability is limited to the foreseeable damages that are typical to this type of contract.
(4) The parties agree that the foreseeable and typical damages may not exceed the sum of the remuneration paid over the last twelve months prior to the occurrence of the damage.
(5) Further liability for damages other than that envisaged in these Terms of Service is – irrespective of the legal nature of the asserted claim – excluded.
(6) The above limitation of liability also applies in favor of employees and other vicarious agents of wao.io if claims are directly raised against them.
(7) Liability pursuant to the German Product Liability Act (Produkthaftungsgesetz, “ProdHaftG”) is unaffected thereby.
9. Termination and Extension
(1) The user agreement begins with the registration and can be terminated at any time by you by deleting your registration on the Platform. A termination of the user agreement is only possible if active plans are no longer allocated to it.
(2) A plan selected by you for a site is automatically extended if not terminated by a party. You declare the termination of a plan by deactivating the plan in the user account. A termination by wao.io is made by email to the email address specified in the user account. After the termination you will no longer be able to login into your account.
(3) At the end of the user agreement, irrespective on what grounds,
- the rights granted to you by wao.io according to these Terms of Service automatically revert to wao.io and your user account and the data associated therewith are deleted,
- you are obliged to delete any printed documentation. wao.io is entitled to demand an affidavit from you to this effect.
(4) Prior to the end of the user agreement you must store elsewhere all content and files called up by you via the user account.
10. Choice of Law and Place of Jurisdiction
(1) Both parties are in agreement that no terms and conditions shall apply alongside these Terms of Service. This user agreement is subject to German substantive law. Exclusive place of jurisdiction for all disputes in connection with this user agreement, including its creation, is Cologne / Germany.
