Effective Date: May 1, 2025
Last change: 18.06.2025
Table of Contents
1. Scope of Application
2. Services Provided by the Provider
3. Changes to Services
4. Conclusion of Contract
5. Granting of Usage Rights by the Provider
6. Granting of Usage Rights by the Customer
7. Customer Obligations
8. Moderation and Limitation of Content
9. Remuneration and Payment Terms
10. Contract Duration and Termination
11. Liability for Defects
12. Liability
13. Indemnification
14. Confidentiality
15. Amendment of the Terms and Conditions
16 Applicable Law, Jurisdiction
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Georgios Sotiriou, operating under the name "Funnels.Agency" (hereinafter "Provider"), apply to all contracts for the provision of services in the area of Software-as-a-Service (hereinafter "SaaS") concluded between an entrepreneur (hereinafter "Customer") and the Provider regarding the services presented by the Provider on its website. The subject matter is the paid provision of software (hereinafter "Software") in digital form over the internet, limited to the term of the contract, as well as storage space on the Provider's servers. Any inclusion of the Customer’s own terms is hereby rejected unless otherwise agreed.
1.2 "Entrepreneur" within the meaning of these GTC refers to a natural or legal person, or a partnership with legal capacity, acting in the course of their commercial or self-employed professional activity.
1.3 Public authorities or institutions under public law are also considered entrepreneurs if they act exclusively under private law when concluding the contract.
1.4 If the software is provided via mobile applications (hereinafter "Apps"), the respective app store provider's terms of use may apply, as indicated during the ordering process in the app store. If these terms differ from the Provider’s GTC, the app store terms take precedence.
1.5 The software may include links to third-party services. These GTC do not apply to services not provided by the Provider, even if they are offered free of charge and/or require registration with the Provider. Only the third-party provider’s terms and applicable legal provisions apply. The Provider merely facilitates technical access to these services.
2) Services Provided by the Provider
2.1 The Provider grants the Customer access to the software for the agreed contract period via the internet. The software remains on the Provider’s server. Details regarding the functionality and technical specifications are available in the Provider’s online service description. The Provider is responsible only for the provision of the defined features, not for the data connection between the Customer's IT system and the Provider's server.
2.2 The software is updated irregularly. The Customer is granted usage rights only to the current version. There is no entitlement to specific software versions.
2.3 The Provider offers the Customer unlimited storage space on its servers for using the software.
2.4 The Provider guarantees an overall availability of 99%. Availability is calculated based on the calendar month minus maintenance times, which the Provider will, where possible, carry out during off-peak hours.
2.5 The Provider applies industry-standard data security measures but is not liable for data safekeeping. The Customer is responsible for adequate backups.
2.6 An online user manual is provided under the domain guides.funnels.agency.
2.7 The Provider offers additional support services, as described in the service specifications on its website.
3) Changes to Services
3.1 The Provider reserves the right to modify services or offer alternatives, unless this is unreasonable for the Customer.
3.2 The Provider may also make changes if:
required by law, court ruling, or government order,
necessary to close security gaps,
beneficial to the Customer, or
purely technical or procedural without significant effect on the Customer.
3.3 Minor changes, especially visual ones or functional rearrangements, do not constitute a change of service under this section.
4) Conclusion of Contract
4.1 Service descriptions on the Provider’s website are not binding offers, but invitations to make a binding offer.
4.2 The Customer submits a binding offer by completing the online order form or by contacting the Provider via email or phone.
4.3 The Provider may accept the offer within five days by:
sending a written or textual confirmation (email/fax), or
requesting payment after order submission.
The earliest occurrence among these finalizes the contract.
4.4 If ordered via the online form, the contract text is saved and sent to the Customer by email, fax, or letter.
4.5 Input errors can be corrected before submitting the order using browser tools or standard keyboard and mouse functions.
4.6 Contract language is German.
4.7 Order processing is done via email. The Customer must provide a valid address and ensure emails are not blocked by spam filters.
5) Granting of Usage Rights by the Provider
Unless otherwise stated, the Provider grants the Customer a non-exclusive, non-transferable, time-limited right to use the software for business purposes during the contract period. Any further usage is not permitted.
6) Granting of Usage Rights by the Customer
The Customer grants the Provider the necessary, non-exclusive, and time-limited rights to use, store, copy, and process the content they upload. The Customer assures they have the right to do so.
7) Customer Obligations
7.1 The Customer ensures their hardware and software meet the minimum technical requirements.
7.2 Access data must be secured against unauthorized access. Breaches must be reported.
7.3 No illegal content may be stored.
7.4 The Customer must ensure that use of personal data complies with data protection laws.
7.5 Regular data backups are the Customer’s responsibility.
7.6 All uploaded content must be scanned for malware.
7.7 Customer-installed scripts must not endanger server integrity.
7.8 If customer actions threaten security or functionality, the Provider may remove content or block access.
8) Moderation and Limitation of Content
8.1 The Provider is not obliged to proactively monitor content but may review it if needed.
8.2 Users may report unlawful content. The identity of the reporter remains confidential unless disclosure is legally necessary.
8.3 Human review is standard; automated tools may support the process.
8.4 If a violation is confirmed, the Provider may warn, block, delete, suspend, or terminate the contract without prior notice.
8.5 Measures are chosen based on proportionality and intent of violation.
8.6 Abusive reports may result in temporary suspension of reporting rights.
9) Remuneration and Payment Terms
9.1 Prices include all costs. The Provider is exempt from VAT under small business rules.
9.2 Payment methods are specified on the Provider’s website.
9.3 Payment is due in advance for the agreed service period.
9.4 Payments via Stripe (Stripe Payments Europe Ltd.) are processed under their terms. See https://stripe.com/ for details.
10) Contract Duration and Termination
10.1 The contract is open-ended and may be terminated at the end of any month.
10.2 Termination for cause remains unaffected.
10.3 Termination can be in writing, text form (e.g., email), or via the Provider’s online cancellation tool.
10.4 Upon termination, access is revoked and stored content may be deleted.
11) Liability for Defects
11.1 Defects must be reported immediately.
11.2 Minor deficiencies do not justify claims.
11.3 Liability under § 536a (1) BGB for pre-existing defects is excluded.
11.4 Cancellation is allowed only after failed attempts to rectify defects.
12) Liability
12.1 The Provider is liable as follows:
12.2 Unlimited liability applies:
for intent or gross negligence,
for injury to life, body, or health,
for breach of guarantees,
under product liability law.
12.3 For simple negligence, liability is limited to typical foreseeable damages unless otherwise stated.
12.4 Further liability is excluded.
12.5 These terms also apply to agents and legal representatives.
13) Indemnification
The Customer indemnifies the Provider against third-party claims arising from uploaded content. The Customer also covers legal defense costs unless not at fault.
14) Confidentiality
The Provider agrees to keep all confidential information secret unless disclosure is required by law or a binding decision.
15) Amendment of the Terms and Conditions
15.1 The Provider may amend the GTC with notice. If the Customer does not object within four weeks, the changes are considered accepted. The notice will inform about this right.
15.2 Changes are allowed if:
legally required,
by court or authority order,
for new services needing contractual regulation,
beneficial to the Customer, or
of technical/process nature without material impact.
15.3 The Customer’s right of termination remains unaffected.
16) Applicable Law, Jurisdiction
All legal relations are governed by the law of the Federal Republic of Germany.
Contact
For questions regarding these GTC, please refer to the contact information in the imprint.
Privacy
The full privacy policy is available under “Privacy” on the website.