Allgemeine Geschäftsbedingungen (AGB)

Part A: General Provisions (for all offers and portals)

§ 1 Scope, Contracting Parties, and Platforms

1. 1These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts, deliveries, and services between German Vater, sole proprietor, trading under "InWebDesign", c/o MDC#808, Welserstraße 3, 87463 Dietmannsried, Germany (serviceable address), Email: info@inwebdesign.net, Phone: +49 176 27359450, VAT ID No. DE259758737 (hereinafter referred to as "Provider") and his customers (hereinafter referred to as "Customer").
2. 2The Provider renders his services both within the framework of individual assignments and via various specialized web portals and Software-as-a-Service (SaaS) offerings. These include in particular:
3. 3InWebDesign.net: Individual IT services, web design, consulting, managed hosting, and AI process optimization.
4. 4Jubeljahr.com: An automated web-based service for the purely technical processing of receipts and the preparation of accounting data for tax advisors (SaaS).
5. 5For contracts via InWebDesign.net: The offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, or special funds under public law.
6. 6For contracts via Jubeljahr.com: The provisions in Part C of these GTC apply in addition to Part A.
7. 7Deviating, conflicting, or supplementary terms and conditions of the Customer shall not become part of the contract unless the Provider expressly agrees to their applicability in writing.

§ 2 Remuneration, Payment Terms, and Price Adjustments

All quoted prices are understood:

1. 1for offers on InWebDesign.net as net prices plus the applicable statutory value-added tax;
2. 2for offers on Jubeljahr.com as gross prices including the applicable statutory value-added tax, unless expressly stated otherwise in the ordering process.
3. 3Unless otherwise agreed, project-based one-off services are due for payment within 14 days of invoicing without deduction. Ongoing monthly fees are due in advance in each case.
4. 4Payment processing for recurring fees (subscriptions) is automated via the external payment service provider Stripe Payments Europe, Ltd. The Customer shall deposit a valid payment method during the ordering process (e.g., SEPA direct debit mandate or credit card).
5. 5If a collection of claims fails for reasons for which the Customer is responsible (in particular due to insufficient funds, unauthorized revocation, or incorrect information), the Customer shall bear the bank and return debit fees directly incurred by the Provider as a result.

§ 3 Liability

1. 1The Provider is liable without limitation for intent and gross negligence, as well as for injury to life, body, or health.
2. 2In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), the Provider's liability is limited to the foreseeable damage typical for the contract at the time of contract conclusion. Cardinal obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely.
3. 3Otherwise, liability for slight negligence is excluded.
4. 4The defense of contributory negligence (§ 254 BGB) remains reserved. In particular, the Customer is obligated to maintain regular backups of their own data outside the Provider's systems. In the event of data loss, the Provider shall only be liable for simple negligence up to the typical cost of restoration that would have been incurred even if regular and application-appropriate backups had been made by the Customer.
5. 5The Customer decides which data they upload to the service. If the Customer uploads data that they are not permitted to process under data protection law — in particular special categories of data within the meaning of Art. 9 GDPR, without having notified the Provider in advance —, they shall indemnify and hold harmless the Provider internally from any third-party claims and administrative fines resulting therefrom. The Provider's own liability towards data subjects (Art. 82 GDPR) remains unaffected by this.
6. 6For financial protection, the Provider maintains professional indemnity insurance (pecuniary loss liability) with: Markel Insurance SE, Sophienstr. 26, 80333 Munich, Germany, with a coverage amount of EUR 150,000.00 per claim.

§ 4 Data Protection

1. 1The parties undertake to comply with the provisions of the GDPR and the BDSG (German Federal Data Protection Act).
2. 2Insofar as the Provider processes personal data on behalf of the Customer within the scope of his services (in particular for hosting or on Jubeljahr.com), the parties shall enter into a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR. In this respect, the Customer is the controller and the Provider is the processor.
3. 3For Jubeljahr.com, the Data Processing Agreement available at https://www.jubeljahr.com/auftragsverarbeitung constitutes an integral part of this contract as Annex 1. It is incorporated upon completion of the order process in text form (Art. 28 (9) GDPR); a separate signature is not required. The Customer can access and save it there as well as in the settings of their instance at any time.
4. 4The Provider engages the further sub-processors named at https://www.jubeljahr.com/unterauftragnehmer. The Customer hereby grants general written authorization within the meaning of Art. 28 (2) GDPR. The Provider shall notify the Customer of intended changes in text form in advance; the Customer may object within four weeks and, in this case, terminate the contract with effect from the date the change becomes effective.
5. 5In the event of any conflict between the Data Processing Agreement and these GTC, the provisions of the Data Processing Agreement shall prevail with regard to data processing matters.

Part B: Special Terms for Agency Services & Hosting (InWebDesign.net)

§ 5 Scope of Services and Customer Cooperation Obligations

1. 1On InWebDesign.net, the Provider renders services in the areas of web development, IT consulting, managed hosting, and AI-supported process automation.
2. 2The specific scope of services is set out in the respective individual offer. If the setup or maintenance of a secondary e-commerce branch is agreed upon, the service is limited to the technical provision. The Customer is solely responsible for the legal design (e.g., imprint/legal notice, privacy policy, terms and conditions, cancellation policy).
3. 3For AI-supported automation processes, the Provider relies on enterprise APIs (including Google Cloud EMEA Ltd.) under strict zero-data-retention policies; customer data is not used to train external AI models.
4. 4The Customer shall provide all content required for implementation (texts, media, access credentials) in a timely manner and warrants that these are free of third-party intellectual property rights.

§ 6 Managed Hosting Infrastructure & Term

1. 1Managed hosting services are operated on isolated server instances (LXC) in German data centers (Hetzner Online GmbH).
2. 2The Provider guarantees an availability of the hosting infrastructure of 99.0% on an annual average (excluding scheduled maintenance windows, emergency patches, or force majeure).
3. 3Unless otherwise agreed, hosting contracts run for an indefinite period and may be terminated by either party with a notice period of 30 days to the end of a calendar month in text form.

Part C: Special Terms for the "Jubeljahr" Service (Jubeljahr.com)

§ 7 Scope of Functions and Express Exclusions of Service

1. 1Subject matter of the service: Jubeljahr is a cloud-based software for the purely technical pre-recording of receipts and data preparation for accounting purposes. Incoming receipts (PDF, CSV, or image files) are automatically captured optically/textually, assigned to predefined charts of accounts or DATEV accounts, and exported into standardized DATEV-compatible posting batches.
2. 2Processing outside the customer instance: To recognize receipts (image and PDF files), the customer instance transmits the file to an internal receipt processing service of the Provider, which is operated on dedicated hardware in the same data center in Germany. The language models used there run on the Provider's servers; no transmission to external AI providers takes place, nor is any receipt data used for model training. The receipt service does not store the transmitted files; they are discarded after processing. If the Customer uses the optional Telegram channel, the transmission takes place at their express instigation via the infrastructure of Telegram Messenger Inc. Telegram operates as an independent messaging service outside the Provider's infrastructure; no data processing relationship exists with Telegram. Those who do not wish to use this transmission route can upload receipts directly to the instance — the functional scope is identical.
3. 3Connected Payment Service Providers: The customer can store access credentials for their own accounts with payment service providers (currently Stripe, PayPal) in their instance. The instance uses these credentials exclusively to retrieve read-only transaction data; no data is transmitted to the payment service provider beyond the authentication process. The customer’s contract with the respective provider exists independently of this contract; in this respect, the provider does not act on behalf of the provider of this service. The customer ensures that they are authorized to grant access and, where possible, uses a key restricted to read-only access. The stored access key is encrypted in the customer’s instance, is not displayed again, and can be removed at any time.
4. 4Expressly no tax consulting (§ 5 StBerG): The service does not provide tax advice, legal advice, or bookkeeping services within the meaning of the German Tax Advisory Act (StBerG). The service merely performs preparatory calculation, mapping, and export operations according to technical rules. In particular, the service does not verify whether expenses are business-related, tax-deductible, or correctly recorded under accounting standards. Sole responsibility for reviewing, establishing, and submitting accounting entries remains with the Customer and their tax advisor.
5. 5No guarantee of recognition accuracy (Customer's duty to review): Extracted values (amounts, tax rates, counterparty, payment references) and account suggestions are purely non-binding, automated drafts. The Customer is obligated to independently review and verify every receipt and every account assignment for factual and mathematical accuracy before exporting.
6. 6Approval by commissioned systems: The Customer may also have the review and approval of postings performed by an automated system commissioned by them (such as an AI assistant) via the programming interface of their instance. The Customer must confirm this mode of operation once, expressly, in their instance beforehand. Approvals issued by a commissioned system are attributed to the Customer and are marked as such in the instance. The Customer's duty to review and their sole responsibility for the substantive accuracy of the exported postings remain unaffected.
7. 7No archiving, no retention obligations (§ 147 AO, § 257 HGB): Jubeljahr is a temporary transit system and not an audit-compliant archive. The statutory retention obligations under tax and commercial law for receipts and books (§ 147 AO, § 257 HGB, GoBD) must be fulfilled by the Customer independently and outside of Jubeljahr.
8. 8Scheduled deletion: Receipts and processing data are scheduled for deletion from live operations after export or upon expiry of the retention periods configured in the system (default: automatic cleanup 30 days after export with a 14-day confirmation period).
9. 9Backups, no retrieval service: The Provider creates technical backups of the instances in order to restore operations after a technical incident (Art. 32 (1) (c) GDPR). The backups are automatically removed after seven days. They serve exclusively for operational recovery and do not establish any entitlement of the Customer to the restoration or retrieval of individual deleted receipts or postings; such a service is expressly not owed. It follows from the retention of backups that deleted data may persist in a backup for a maximum of seven days before this is also deleted.
10. 10No customer backup, no archiving function: The Provider does not owe any data backup or archiving functionality retrievable by the Customer. The Customer is required to back up receipts and evaluation reports that they require permanently in good time via the provided export feature; this feature is available to them at any time.

§ 8 Technical Provision, Access Management, and Availability

1. 1Provision: Each customer receives an isolated container instance on servers in Germany (Hetzner) under a subdomain (<identifier>.jubeljahr.com).
2. 2Authentication (Passkeys): Access is passwordless and carried out exclusively by means of cryptographic passkeys (FIDO2/WebAuthn). The Customer is solely responsible for the secure custody of their authentication devices and emergency/recovery codes. The Provider has no access to passkeys.
3. 3Access restriction: After provisioning, the provisioning system's SSH access to the customer instance is removed; a compromised provisioning system cannot access the instance thereafter. Application updates are deployed exclusively via cryptographically signed artifacts. As the operator of the underlying virtualization, the Provider can still technically access the instance — this is system-inherent to any hosting setup. Such access is carried out exclusively for troubleshooting purposes and within the scope of the Data Processing Agreement.
4. 4Programming interface and access keys: The Customer can generate, name, and revoke access keys for the programming interface (API) in their instance at any time. Actions performed under such a key are deemed actions of the Customer — even if the Customer entrusts the key to a third party or to an automated system (such as an AI assistant). The selection, commissioning, and supervision of such systems, as well as their integration under data protection law, are solely the Customer's responsibility; the Customer ensures that entrusted keys are revoked without delay where necessary.
5. 5Availability: The service is provided with standard commercial diligence. A guaranteed minimum percentage availability (SLA) is not assured. Necessary maintenance and update windows are scheduled preferentially during low-traffic nighttime hours.

§ 9 Trial Period, Contract Conclusion, Term, and Termination

1. 114-day trial period: New customers receive a free 14-day trial period upon provisioning of the instance. No charges are billed during this trial period.
2. 2Contract term and renewal: Unless the Customer cancels during the trial period, the contractual relationship transitions seamlessly into a paid monthly subscription. The contract runs for an indefinite period and renews automatically by one additional month at a time.
3. 3Termination of the monthly subscription: The monthly subscription may be terminated at any time with effect from the end of the respective billing month. Access remains active until the end of the billing period already paid for. Payments already made will not be refunded on a pro-rata basis.
4. 4Cancellation button / cancellation procedure: Termination may be declared without formal requirements via the publicly accessible cancellation function on the website (/kuendigen) by entering the email address and confirming the authorization link sent, in accordance with § 312k BGB. Upon confirmation, the Customer will receive an acknowledgment of receipt and confirmation of termination in text form.
5. 5Deletion upon contract termination: Upon termination taking final effect, the entire container instance, including database and receipt fragments, is irrevocably deleted.

§ 10 System Messages and Product Information via Email

1. 1System messages: The Provider shall send messages necessary for the execution of the contract to the email address provided during the ordering process (in particular access and activation details, invitations, notices regarding expiring deletion and confirmation periods, as well as termination confirmations). These messages do not constitute advertising and cannot be unsubscribed from as long as the contract remains in force.
2. 2Product information (existing customer updates): The Provider further uses the email address collected in connection with the conclusion of the contract to inform the Customer about similar services of his own in accordance with § 7 (3) UWG (German Act Against Unfair Competition) — in particular regarding new features, changes, and developments of the Jubeljahr service (generally no more than once or twice a month). The legal basis for the associated data processing is Art. 6 (1) (f) GDPR (direct marketing to existing customers); details are set out in the Privacy Policy.
3. 3Right to object: The Customer may object to this use of their email address at any time without incurring any costs other than the transmission costs according to the basic rates — via the unsubscribe link in each of these emails, in the settings of their instance, or informally by email to info@inwebdesign.net. The right to object is pointed out upon collection of the address in the ordering process and in each individual email. Following an objection, the Customer will only receive system messages within the meaning of paragraph 1.
4. 4End of dispatch: The dispatch of product information ends at the latest upon termination of the contract.

Part D: Cancellation Policy (for Consumers)

Cancellation Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us:

German Vater, c/o MDC#808, Welserstraße 3, 87463 Dietmannsried, Germany, Email: info@inwebdesign.net, Phone: +49 176 27359450

of your decision to withdraw from this contract by means of an unequivocal statement (e.g., a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, but it is not obligatory. Alternatively, pressing the online cancellation button within the 14-day period is sufficient to observe the withdrawal period.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. Since no fees are invoiced or collected during the 14-day free trial period prior to the expiry of the withdrawal period, no payment obligations arise for you. Once the withdrawal takes effect, access to the software is deactivated and the instance is deleted.

Model Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it.)

To:

German Vater (InWebDesign)
c/o MDC#808, Welserstraße 3
87463 Dietmannsried
Germany

Email: info@inwebdesign.net

I/We () hereby give notice that I/We () withdraw from my/our (*) contract for the use of the Jubeljahr.com service:

Ordered on () / received on ():

Name of consumer(s):

Address of consumer(s):

Subdomain / Account Identifier:

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

Part E: Special Terms for the Partner Program (Jubeljahr)

§ 11 Partner Program

1. 1Subject matter and participation: The Provider operates a partner program through which partners can refer the conclusion of Jubeljahr contracts. Participation requires registration and activation by the Provider; there is no entitlement to admission. Each partner receives an identifier and a personalized order link.
2. 2Attribution: A customer is deemed to have been referred by the partner if the contract is concluded via the partner's personalized order link and the identifier is technically transmitted in the process. Subsequent attribution is excluded. The attribution remains in place for the duration of the respective customer contract.
3. 3Commission: The partner receives a commission of 10% of the net subscription fees (excluding VAT) actually collected from the respective referred customer, on an ongoing basis for the duration of the respective customer contract. Periods with reduced fees are taken into account at the amount actually paid. Refunded or charged-back fees reduce the commission; commissions already paid out on refunded fees are offset. No commission arises for contracts of the partner themselves or of persons economically affiliated with the partner.
4. 4Modification and termination of the program: The Provider may modify or close the partner program for future referrals at any time. Commissions for customers already referred may only be modified or discontinued with three months' notice to the end of a calendar month; commission claims accrued up to that point remain unaffected.
5. 5Settlement and payout: Settlement takes place monthly using the self-billing procedure (§ 14 (2) sentence 5 of the German VAT Act, UStG); the partner consents to this, informs the Provider whether they state VAT, and keeps this information up to date. Payouts are made by bank transfer to the bank account provided by the partner once the balance reaches 25 euros; smaller amounts are carried forward. The partner is solely responsible for the taxation of their commissions.
6. 6Status of the partner and obligations: The partner acts as an independent entrepreneur; they are not entitled to represent the Provider or to make declarations on the Provider's behalf. The following in particular are prohibited: misleading advertising; unsolicited electronic advertising (§ 7 of the German Act Against Unfair Competition, UWG); search engine advertising on the Provider's brands and domains or anything confusingly similar to them; placing the order link without recognizable advertising labeling where such labeling is required by law. In the event of violations, the Provider may terminate the partnership without notice; commissions from contracts brought about in breach of these obligations are forfeited.
7. 7Termination: Either party may end participation in the partner program at any time in text form. For customers referred before the termination, paragraph 4 applies accordingly.
8. 8No customer data: The partner does not receive any personal data of the referred customers, but exclusively aggregated information (numbers, commission amounts).

Part F: Final Provisions

§ 12 Applicable Law, Place of Jurisdiction, Severability Clause

1. 1The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
2. 2The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the Provider's registered place of business (Fritzlar), provided the Customer is a merchant (Kaufmann) within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law.

Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.