TERMS OF SERVICE / ALLGEMEINE GESCHÄFTSBEDINGUNGEN (AGB)

PREAMBLE

These Terms of Service / AGB govern use of [Company Name]'s Service at [URL]. By accessing, you accept these Terms. Legal Framework: Consumer Rights Directive 2011/83/EU, German VREG, GDPR.

1.1 Parties: Company = [Legal Entity], Address: [Full Address]. User = any person using Service.

1.2 Service: [SaaS platform / e-commerce / software / consulting / etc.]

1.3 Precedence: Specific written agreement > these Terms > legal defaults.

2.1 You must be: At least [18] years old, not under sanctions/restrictions, capable of entering binding contracts.

2.2 Your Responsibility: Provide accurate info, keep credentials confidential, notify us of unauthorized access. You are liable for all account activity.

2.3 Suspension: We may suspend/terminate account if you violate Terms, engage in fraud, illegal activity, or pose security risk.

3.1 Service Delivery: [24/7 / specify hours] availability. We may update Service anytime; material changes require [30 days] notice.

3.2 Downtime: Scheduled maintenance typically [Sundays 02:00-06:00 UTC]. No compensation for downtime.

4.1 Pricing: EUR/USD [Amount] per [month/year] + VAT. Auto-renews unless cancelled.

4.2 Cancellation: Per Directive 2011/83 Art. 8 (Auto-Renewal): cancel anytime via account settings, effective end of billing period.

4.3 Refunds (14-Day Withdrawal): Directive 2011/83 Art. 9-16 allows 14-day withdrawal for consumers if Service not substantially used. Digital services actively used = non-refundable.

4.4 Failed Payment: [3 retry attempts] over [5 days]. Late fee: [EUR X / 1.5% monthly interest] per German Late Payment Act.

5.1 You agree NOT to:

5.2 Consequences: Immediate account termination, forfeiture of credits, potential legal action.

6.1 "AS-IS" Disclaimer: Per BGB §307, Service provided "AS-IS". We do NOT warrant error-free, uninterrupted, or secure operation.

6.2 NON-WAIVABLE Warranties (cannot disclaim): Fitness for ordinary commerce, no third-party IP infringement, defects must be remedied per BGB §437.

6.3 Liability Cap: Per BGB §309-310, Company total liability = EUR [12 months of fees] minimum EUR [X,000]. Excluded: consequential, indirect, lost profits damages.

6.4 NON-CAPPED Liability (cannot limit): Death/bodily injury from gross negligence, fraud, GDPR violations, essential contract breaches.

7.1 Our IP: Per German UrhG, all software/design/content owned by Company. You receive limited license during subscription only.

7.2 Your Content: You retain rights to content uploaded. By uploading, you grant Company license to store/display for Service functionality. You warrant no third-party rights infringement and indemnify Company for claims.

8.1 By You: Cancel anytime via account settings (effective end of billing period).

8.2 By Company: Immediate termination if you violate Terms or pose legal/security risk.

8.3 Effect: Account ceases; we delete Your Content after [30 days]. Sections 5-8 survive termination.

9.1 Law: ☐ German law (BGB) ☐ [US State] law

9.2 Disputes: 30-day mediation required first. Then: German companies = Munich Regional Court / DIS Arbitration. Consumer complaints: EU ODR Platform.