Terms of Service

The platform wao.io ("Platform") includes, besides freely accessible contents, particular functions and services which are only accessible after registration (password protected "Workspace"). In the Workspace you find a dashboard ("Dashboard") for the analysis of your web application and a configuration page ("Configurator") to apply changes to your account.

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, nontransferable, temporary right to use all functions and services within the Workspace 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 via the Platform. 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 central 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. This is available here.

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. Within the context of the respective data protection laws, the wao.io user is the client and/or the controller pursuant to Art. 4 No. 7 DGPR as regards all personal data processed by wao.io as processor through the services rendered by wao.io. The wao.io user shall satisfy the requirements of the data protection legislation applicable to data controllers as regards the use of wao.io services and in connection with these general business terms, as well as in connection with the contract provided by wao.io concerning commissioned data processing.

(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 the Workspace of the Platform, you bear the costs incurred through such violation.

3. Fees, Upgrading and Downgrading

(1) Plans & Pricing

(1.1) Free Trial Plan: get access to your personal Dashboard and a free preview URL (www-example-com.wao.zone) that you can use for less than 100K Delivered Pages (DP) (see 3.2 for details) per month/ 30 days for free. People signing up for our trial plan do not have to provide any payment information. Once the limit of 100K Delivered Pages (DP) is reached and you have not signed up for our business plan your wao.zone URL will be redirected to your origin.

(1.2) Business Plan: our business plan addresses professional website owners. You pay a fixed price for every 100K Delivered Pages (DP) (see 3.2 for details). You can cancel the plan at any time. The current prices for our business plan can be found on the website. The number of Delivered Pages (DP) of a site can be retrieved at any time on your Dashboard in the Workspace of the Platform.

(2) A Delivered Page (DP) is defined as the request of the main document of a website, no matter if the request comes from a browser or a bot. Binding for billing is the number of DP shown in the wao.io-Dashboard of the user account.

(3) Beta Phase: We are in private beta, this is why we have to unlock every account before it is ready to use. Please use the chat widget on wao.io for contacting the team and we will help you as fast as possible to go live with your website. Why private beta? Our software and infrastructure is proven in many enterprise projects for big companies. Now we want to evaluate a fair and optimal pricing model for our software as a service customers.

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 (whether legitimate or not).

(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 (of the last 30 days), wao.io can temporarily discontinue the operation of this site. The conducting of so-called load tests and penetration tests 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 back-up of all data which is of importance to you.

(8) The use of the Platform is permitted exclusively to you. Any indirect use by automated clients is expressly prohibited.

(9) The above provisions of this clause 4 apply independently of whether or not you publish your own site or that of a third party via the Platform. Where the site of a third party is concerned, wao.io can demand that you assign to it your claims against the third party regarding the violation of the provisions of this clause 4.

5. Marketing

(1) Each party may, for the duration of this user agreement, make reference to the name and trademark, respectively logo, of the other party on its website and at presentations, 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 trademark, respectively 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 or compensation of wasted expenses are, irrespective of the legal nature of the claims, subject to this clause 8.

(2) For damages arising from an injury to life, physical wellbeing or health which are based on a willful or negligent breach of duty, 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 runs until the end of the current calendar month and is automatically extended by one (1) calendar month in each case if not terminated at the end of a month 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.