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We look forward to welcoming you to weppi®XXL.

1. General, contractual partners, scope

1.1
The following general terms and conditions (GTC) apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code. The contractual partner within the scope of the following terms and conditions is WEPPI TECHNOLOGIES GERMANY UG, Damaschkestraße 23, 10711 Berlin (hereinafter: "weppi®XXL") (see imprint) and the customer. The terms and conditions apply in particular to contracts for the provision and use of an account by weppi®XXL to the customer.

1.2
These terms and conditions apply exclusively to the use of weppi®XXL; weppi®XXL does not recognize any general terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions. They also have no effect on the use of weppi®XXL. The contract language is German.

1.3
These General Terms and Conditions apply in the version valid at the time the contract was concluded or at least in the version last communicated to the customer in text form as a framework agreement for future contracts of the same type, without the General Terms and Conditions having to be referred to again in each individual case.

1.4
weppi®XXL reserves the right to change these terms and conditions at any time. The customer will be informed about these changes at the next login. After each change to the GTC, the customer must confirm this change when logging in. As a result, the amended General Terms and Conditions are deemed to have been accepted. If unforeseeable and uncontrollable changes occur after the conclusion of the contract (e.g. changes in the law) or if gaps become apparent, which significantly disturbs the relationship between service and consideration, weppi®XXL has the right to adapt the GTC without the customer's consent. The customer will be informed about this at the next login.

1.5
The assignment of claims against us to third parties is excluded. § 354 a HGB remains unaffected.

2. Offer / scope of service / conclusion of contract

2.1
The services offered by weppi®XXL on their website or in advertisements are non-binding. They represent a non-binding invitation to the customer to select appropriate tariffs for weppi®XXL.

2.2
By registering the customer at www.weppi®XXL and selecting the respective tariff, the customer submits a non-binding offer to conclude a contract.

2.3
After receipt of this request, weppi®XXL informs the customer immediately about the receipt of the order by e-mail together with a confirmation link. This order confirmation from weppi®XXL is not an acceptance of the order, but merely a confirmation that the order has been received.

2.4
The contract between weppi®XXL and the customer is only concluded when the customer clicks on the confirmation link sent by e-mail and weppi®XXL sends the access data to the customer. weppi®XXL reserves the right to refuse to conclude the contract without giving reasons.

2.5
After conclusion of the contract, the customer immediately has the opportunity to access his account, within which he can manage his settings and use the weppi®XXL system.

2.6
If the customer does not call up the confirmation link within 24 hours of access, weppi®XXL is entitled to delete the data entered by the customer.

2.7
The service owed by weppi®XXL results from the underlying contract of use as well as explanations on the homepage www.weppi®XXL. The explanations are to be understood as a description of the functionalities and not as a guarantee or assurance of technical properties. weppi®XXL is planning the continuous further development of the system and the associated regular updating of the menu structure as well as the properties and functionalities. This should be done in the interest of the customers of weppi®XXL accounts (admins + users). The customers have no say in this.

2.8
Verbal collateral agreements do not exist. Individual adjustments between weppi®XXL and the customer are excluded.

3. Registration

3.1
By registering, the customer assures that all of the data he/she provided about himself and his company during registration is complete and correct in terms of content. The use of pseudonyms is not permitted.

3.2
The customer is obliged to keep the address and contact details provided during registration up to date and to make any adjustments to the account immediately. The customer has the option of storing a permanent authorized representative with an e-mail address and postal address (if different from the general address of the customer) in the account created by weppi®XXL. Furthermore, the customer can register all persons in his account, together with contact details, who are also entitled to use the services of weppi®XXL (hereinafter: "other authorized persons"). The other authorized users receive individual access data.

3.3
The customer and the other authorized persons are responsible for the proper administration of the access data. weppi®XXL is not liable for the misuse or loss of access data. If the customer becomes aware of misuse, he must report this to weppi®XXL immediately.

3.4
In accordance with the contract and the following provisions, the customer receives the simple, non-exclusive, non-transferable right to use the weppi®XXL account for himself and for them, limited to the duration of the contract, subject to the payment of the owed and due payment contractually specified authorized users for the customer's own purposes.

4. Prices / due date for payment

4.1
The prices and services listed under https://www.weppi®XXL/preise apply.

4.2
The remuneration to be paid by the customer for the use of the selected tariff is specified in the respective user contract.

4.3
All prices are exclusive of the sales tax applicable at the relevant time.

4.4
Discount deductions are not granted.

4.5
Invoices from weppi®XXL are due for payment immediately upon receipt by the customer without any deductions. The customer can pay by credit card, PayPal or by direct transfer.

4.6
If the customer defaults on payments, weppiXXL is entitled to block the customer's account. In these cases, weppiXXL will announce the blocking to the customer in good time in advance, setting a deadline to remedy the delay. In addition, weppiXXL is entitled to demand default interest of 5 percentage points above the base interest rate.

4.7
Customers are not permitted to withhold payments or set off against counterclaims.

4.8
weppiXXL is entitled to increase the prices for the use of the accounts with a notification sent to the customer by e-mail three months to the end of the month. weppiXXL does not owe the customer any explanation for price increases.

5. Start of contract and termination

5.1
The contract between weppiXXL and the customer begins with the activation of the account requested by the customer.

5.2
The basic version can be terminated by the customer at any time without notice in his account. If the premium version is selected, the contract can be terminated without further notice at the end of the agreed term of 12 months. The contract is extended by the duration corresponding to this tariff if it is not terminated with a notice period of 14 days to the end of the contract period towards weppiXXL. The termination must be carried out in the account settings.

5.3
The right to terminate the contract without notice for good cause remains unaffected. Such is the case in particular if:

  • the customer is in default of payment for more than 4 weeks.
  • the customer repeatedly violates the provisions of these GTC.

5.4
In the event of a delay in payment, the account will be blocked after 2 weeks. The account will be deleted after 8 weeks. All stored data will then be irrevocably deleted.

6. Customer Responsibilities and Obligations

6.1
The customer is solely responsible for the use of the services, the proper processing of his data and the results achieved.

6.2
The customer is solely responsible for adjusting and updating the individual settings.

6.3
The customer must independently and at his own responsibility and expense create all the prerequisites required for the use of the weppiXXL account. This applies in particular to the system requirements, infrastructure and the telecommunications connection between the customer and weppiXXL.

6.4
The customer undertakes to use the weppiXXL account exclusively for the contractually agreed purposes. Access to his account at weppiXXL is exclusively via the Internet. The customer may not bypass, remove, switch off or otherwise disable the security measures set up by weppiXXL.

6.5
The customer must comply with appropriate technical and organizational security standards and ensure that no viruses get into the weppiXXL system from their systems. The customer is also responsible for checking the proper use of the account by his employees and in particular the employees who are also stored in his profile as other authorized persons. He is obliged to oblige his authorized users to comply with the provisions of these General Terms and Conditions. The customer is liable for the use of his access to the weppiXXL account under the passwords he has chosen or via his infrastructure, unless he proves to weppiXXL that he is not responsible for the use.

6.6
The customer must ensure that the contractual use of the information, data and materials provided by weppiXXL does not infringe the rights of third parties. Before providing corresponding information, data and materials from third parties and/or authorized persons to weppiXXL, he is obliged to check whether weppiXXL may use this information, data and materials within the framework of the contract and, if necessary, to provide the necessary rights of use and obtain the consent of third parties . The customer releases weppiXXL from all third-party claims resulting from a breach of the aforementioned obligations. The exemption also includes the costs of a necessary legal defense.

6.7
The customer is obliged to refrain from the following acts of use:

  • Distribution of racist or illegal content.
  • Send bulk emails; Junk mail, spamming and similar activities.
  • Attempt to translate, decompile or disassemble the software codes of the other party.
  • Distribution or duplication of protected works (e.g. performing arts, music, literature, software, etc.), making them accessible through links or other use - for a fee or free of charge - if and to the extent that there is no legal permission or consent/approval of the copyright user is present.
  • Use of programs, program functions or comparable technical facilities to enable the use of the account while bypassing the user interface, e.g. B. through scripts, robots, posting automatisms, etc.
  • Execute applications that lead to a change in the physical or logical structures of the networks used.
  • Calls to participate in so-called pyramid schemes, multilevel marketing or similar competitions.
  • Measures to manually or automatically hide any advertising placed or presented under weppiXXL.

6.8
The customer also undertakes to observe the following provisions when using the weppiXXL account, especially when writing content:

  • All content posted by a customer must be factual and as factual, objective and accurate as possible. You may not infringe any patent, copyright, trademark or personal rights or any other protected legal positions of third parties.
  • The posting, sending or otherwise making available of content is not permitted if it depicts or contains:
    • deliberate misinformation, insults, slander.
    • Profanity or lies.
    • Threats against other users, providers or third parties.
    • Hearsay information and unverified statements by third parties.
  • The following content is also not permitted:
    • that are copied or transcribed elsewhere.
    • that contain hurtful statements and comments.
    • which is pornographic, obscene, abusive, vulgar or otherwise objectionable.
    • that pose a security risk as carriers of viruses, trojans or other harmful programs.
    • that are discriminatory, racist, inhuman, radical, religious, xenophobic, National Socialist, pornographic or otherwise sexually degrading
    • Moreover, statements or actions of any kind that violate legal regulations, in particular the Criminal Code (StGB), Narcotics and Drugs Act, Youth Protection Act (JSchG), Competition Law (UWG), copyright and trademark law as well as other protective and personal rights Third.

6.9
If the customer violates the obligations incumbent on him according to these GTC, weppiXXL is entitled to block access to his account, to terminate the contractual relationship and/or to refuse a new registration (registration) by the customer. Customer claims against weppiXXL due to such measures are excluded.

7. Performance changes and availability

7.1
weppiXXL reserves the right to expand, change or restrict modules insofar as this serves technical progress or if this is necessary to prevent misuse or weppiXXL is obliged to do so due to legal regulations. If the contractual use of the account by the customer is impaired by the change in the range of functions, the customer has no right to change the tariff or extraordinary termination.

7.2
weppiXXL endeavors to provide the account to its customers with the highest possible availability. Exceptions to this are:

  • Periods of non-availability, which are based on disruptions to the Internet that weppiXXL cannot influence or on other circumstances for which weppiXXL is not responsible, in particular force majeure.
  • Times of unavailability due to planned maintenance work on the database system, which is carried out regularly.
  • Times due to mandatory unscheduled maintenance work that is required to eliminate faults. If possible, the customer will be informed of this by a notice on the website.
  • Times of unavailability that are based on the fact that the technical requirements to be created by the customer for the use of the account are not met.

8. Liability

8.1
The liability of weppiXXL is based on the statutory provisions, unless there are deviations from the following regulations.

8.2
weppiXXL assumes no liability towards the customer.

8.3
Liability for damages is fundamentally excluded. This also applies to system failures of all kinds. The customer is aware that a complex system such as www.weppiXXL can fail at any time. In this case, weppiXXL will endeavor to resume operations as quickly as possible.

9. Confidentiality and data protection

9.1
Data processing takes place in accordance with the applicable German Federal Data Protection Act (BDSG), the EU General Data Protection Regulation (EU-DSGVO) and the German Telemedia Act (TMG).

9.2
weppiXXL considers the proper processing of personal data to be very important, the data protection declaration can be viewed at https://weppixxl.com/datenschutz.

9.3
If the customer enters personal data of third parties in his account at weppiXXL or has it entered, he is responsible to weppiXXL and ensures that this is permissible according to the applicable data protection regulations.

9.4
The parties undertake to treat all confidential information that they become aware of during the execution of this contract as confidential and to use it exclusively for contractually agreed purposes and not to pass it on to third parties or to exploit it. The parties undertake to oblige their employees and employees as well as other participants accordingly.

9.5
Confidential information within the meaning of this provision is information, documents, details and data that are designated as such or are to be regarded as confidential by their nature.

10. Miscellaneous; Governing Law; Jurisdiction

10.1
Should any of the above provisions be ineffective, the effectiveness of the concluded contract shall not be affected. weppiXXL will replace a loophole that has arisen due to ineffectiveness with a new regulation that comes as close as possible economically and legally to the ineffective regulation.

10.2
German law applies to the conclusion and processing of all contracts.

10.3
Place of jurisdiction is Berlin.