General terms and conditions for dash.bar

1. Scope of application

a) These GTC apply between WebStollen GmbH (hereinafter “WebStollen” or “Provider”) and the user of the online software “dash.bar” (Customer).

b) Deviating terms and conditions of the user do not apply, even if WebStollen has not expressly objected to them.

c) Users within the meaning of these GTC are entrepreneurs within the meaning of Section 14 BGB. Consumers according to § 13 BGB do not have access to dash.bar.

2. Definitions

• Customer account: The customer’s virtual access account for the respective contractual relationship. The account is used for billing, the allocation of services and the contract model as well as the customer’s personal settings.
• Functions: The entirety of the services or products provided by WebStollen within the framework of the contractual relationship in accordance with the service description valid for the respective service. This includes the dash.bar products and their extensions, as well as all other products and services that WebStollen offers its customers.
• Registration: The customer’s electronic registration or order for the respective contractual relationship.
• Customer: Entrepreneurs with whom WebStollen maintains a business relationship.
• Personal data: Individual details about personal or factual circumstances of an identifiable or identified natural person.
• Entrepreneur: Natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity.

3. Subject matter of the contract, performance, remuneration

a) A contract is concluded in accordance with these GTC, the respective price conditions shown on the website https://dash.bar/pricesv2/ and the scope of services shown on the website and in these GTC.

b) WebStollen offers information, functions and services via dash.bar that extend the user’s own online shop.

c) dash.bar is an online platform that can be accessed via an online shop plugin, smartphone application or online access via a browser. It connects the user’s online shop with the services of dash.bar and third-party services.

d) Access to dash.bar is subject to a monthly or annual subscription fee. The amount of the costs varies according to the price model selected by the user. The different scope of services of the individual models can be found in the detailed service description on the dash.bar order page. In addition, there is also a free offer.

e) WebStollen reserves the right to expand, change or improve the service at any time. The user will be informed of such changes at regular intervals. Restrictions to the scope of services are only possible if this is unavoidable for legal reasons or if the user agrees to this upon request from WebStollen. The user’s consent is deemed to have been granted if the user does not object to a corresponding notification from WebStollen in text form within a period of six weeks from receipt of the notification.

f) If no explicit price is agreed, the remuneration for access to and use of the Service Website is based on the WebStollen price list (current version available at https://dash.bar/pricesv2/) at the time the User submits the application. Upon acceptance by WebStollen, the user will receive a confirmation of the payment price in text form. If the user does not object to this confirmation immediately after becoming aware of it, this price shall be deemed agreed in case of doubt.

g) WebStollen reserves the right to change prices from the next renewal date. The user will be notified of the changed prices at least four weeks before the next renewal date to the e-mail address provided to dash.bar or by post. In the event of a net price increase, the user has the right to terminate the contract extraordinarily with a notice period of two weeks to the end of the contract that has not yet been extended. Otherwise, the price increase shall be deemed to have been accepted at the next renewal date. This will be pointed out separately in the price increase letter.

h) WebStollen reserves the right to make technical changes and minor deviations to the services offered by WebStollen insofar as these are reasonable for the contractual partner. If the services are technically improved after conclusion of the contract, the right to use the previous, unimproved version is excluded. If the contractual partner cannot reasonably be expected to use the technically improved version due to the special circumstances of the individual case, he may terminate the contract extraordinarily to the exclusion of further rights. The cancellation must be declared immediately in text form.

4. Conclusion of contract, contract term, cancellation, test period

a) WebStollen is authorised to enter the data transmitted by users into the dash.bar database. The user agrees to the use of the data transmitted by him by WebStollen for the purpose of contract fulfilment for the duration of the contract and beyond. This consent also includes the necessary use of brands, logos, company names and other trademarks to display the analyses on the end devices of the WebStollen service.

b) The user creates his customer application for the use of dash.bar on the dash.bar website.
In this context, he must also register a customer account on the website. This gives them access to the services included in their selected package.

c) A contract between the user and WebStollen is concluded by the acceptance of the customer’s application or by the first act of fulfilment performed by WebStollen.
The provision of access to the dash.bar services by means of a password is deemed to be tacit consent by WebStollen to the conclusion of a corresponding contract
WebStollen reserves the right to refuse to accept the customer application in individual cases without giving reasons.

d) The term of a contract depends on the selected term of the booked package (subscription). The bookable services can be viewed at https://dash.bar/pricesv2/. The term can be seen from the contract concluded.
The contract is automatically renewed at the end of the respective subscription period unless the user cancels his paid subscription before the end of the current subscription period.
If a contract is not cancelled, it is automatically extended by the term agreed when the contract was concluded.
The cancellation will take effect on the day following the last day of the current subscription period and the user will be downgraded to the free package.

e) Cancellations must be made in text form, but can also be made directly in the account.

f) The right to terminate the contract for good cause remains unaffected. An important reason for WebStollen exists in particular, but not conclusively, if the user violates the obligations of point 6 hereinafter.

g) After termination of the contract, WebStollen is authorised to permanently delete the user’s data stored on its servers from the use of the WebStollen service. The user is responsible for data backup.

h) The user is granted the opportunity to test dash.bar for a period of 14 days via test licences. After a period of use of 14 days, the user is downgraded to the free package if he does not opt for a paid package within the trial period. During the granted test phase, the customer can convince himself of the suitability and usability of the dash.bar services & functions for his purposes and intentions. The customer recognises that, given the current state of technology, technical inaccuracies and deviations in website and app tracking cannot be ruled out.

i) The contract text is not saved by WebStollen and can no longer be retrieved after the order process has been completed. The customer can print out these terms and conditions and the data of his booking/order before sending it and receives a contract confirmation in accordance with the statutory provisions.

j) The customer undertakes to provide truthful information when registering and to keep this data up to date at all times. If this data is or becomes incorrect during the term of the contract, the customer shall immediately update or correct it in his account. Contract communication is usually by e-mail. The customer is responsible for ensuring that the e-mail address provided by him in his master data is correct and that he makes settings for his systems and e-mail inbox so that he can receive contract-related messages from WebStollen.

5. Prices, payments, due date, invoicing

a) If no explicit price has been agreed, the prices quoted for the contractual services of WebStollen, which are available in the price list on the website https://dash.bar/pricesv2/, apply and are net prices. The applicable statutory value added tax shall also be owed.

b) Unless otherwise agreed, the fees are invoiced monthly or annually in advance. The user receives an invoice containing all the necessary information as a PDF file in their customer account or by e-mail.

c) The website is billed by credit card or SEPA direct debit:

Mollie B.V.
Keizersgracht 313,
1016 EE Amsterdam
Netherlands
Phone: +493022409020
E-mail: info@mollie.com

c) The billing of the website via Paypal is carried out by:

PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal
L-2449 Luxembourg
Luxembourg
E-mail: impressum@paypal.com

e) If neither credit card payment nor a SEPA direct debit mandate or PayPal has been agreed, WebStollen’s invoices must be credited to the account specified in the invoice no later than 10 days after receipt of the invoice. The user shall be in default upon expiry of this period at the latest.

f) All payments received by WebStollen are first applied to the costs, then to the interest and finally to the main payment if the payment is not sufficient to repay the debt. No other amortisation can be determined unilaterally.

g) In the event of default, WebStollen can suspend its services after a reminder until payment is made. In the event of default, WebStollen is authorised to block the user’s access immediately.

h) Objections to the invoice must be submitted to WebStollen (see address in paragraph 1) in text form (in writing or by e-mail) to info@webstollen.de within six weeks of receipt of the invoice. If the customer does not raise any objections within six weeks of receipt of the invoice, the invoice shall be deemed approved. WebStollen will draw the customer’s attention to the consequences of failing to make a timely objection in the invoices. Statutory claims of the customer in the event of objections after expiry of the deadline shall remain unaffected.

6. Obligations and rights of the user

a) The user bears the sole obligation to check whether a dash.bar service is suitable for the purpose desired by the user and fulfils the necessary requirements. For this purpose, WebStollen provides the user with the opportunity to test dash.bar without obligation (see No. 4h) of these terms and conditions).

b) The reproduction, distribution and decompilation, as well as the editing of the programme code of the online shop plugin or the “dash.bar” applications, is not permitted without express permission.

c) In order for WebStollen to be able to offer the respective service, the data may have to be stored and hosted on servers. In particular, WebStollen is entitled to technically reproduce, modify and analyse the data and to pass it on to third parties to ensure the provision, marketing or further development of its services. In particular, WebStollen is permitted to summarise this data on an industry-specific and cross-industry basis and to make it available to third parties in this aggregated and anonymised form. Non-anonymised data will not be passed on.

d) The user is prohibited from passing on the account provided to another person (whether legal or natural), unless otherwise agreed. If the user uses the services of WebStollen for a company, he declares his legally binding agreement with the validity of these contractual conditions for this company, whereby the personal obligation of the user from the contract remains unaffected. The person authorised by the user shall indemnify and hold WebStollen and its affiliates, officers, agents and employees harmless from any lawsuits or claims arising out of or in connection with the use of the Services or the breach of these Terms and Conditions, including all claims and costs resulting from actions, losses, damages, lawsuits and judgments, and court costs and attorneys’ fees.

e) In particular, the user undertakes to use all content made available to him via the service exclusively as intended and only for his own use.

7. Availability, downtimes

a) WebStollen does not represent, warrant or guarantee that the use of the Services will be uninterrupted or error-free, and the user agrees that WebStollen may suspend the Service for an indefinite period of time or terminate the Service in accordance with the terms of this Agreement.

b) Section 536 of the BGB remains unaffected.

8. Liability

a) Neither WebStollen, nor WebStollen’s affiliated companies, nor WebStollen’s suppliers or distributors make any specific representations or warranties with respect to the Services. For example, WebStollen makes no representations about the content in the Services, the specific functionality of the Services, or the reliability or suitability of the Services for the User’s purposes. WebStollen points out that the data of the online shops connected by the user are updated by the user or the user authorised by the user in accordance with the account settings.

b) A guarantee is also not given with regard to options for action that are displayed or otherwise communicated in the user’s account or on the website, in particular with regard to the success that can actually be achieved. The user is solely responsible for complying with the actions indicated.

c) WebStollen is liable
– for damages to life, body and health that are based on a negligent or intentional breach of duty by it, its legal representatives and/or vicarious agents;
– in accordance with the Product Liability Act;
– under the Data Protection Act;
– for intent and gross negligence;
– for fraudulent intent and
– for the assumption of a guarantee, in particular for the quality or availability.
Insofar as these are damages that are based on the absence of the guaranteed quality or availability, but which do not occur directly on the subject matter of the contract itself, WebStollen is only liable if the specific risk of damage in clearly covered by the guarantee.

d) WebStollen is also liable for damages caused by simple negligent breach of such contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the fulfillment of which the user regularly relies and may rely. The same applies to claims by the user for damages instead of performance. However, WebStollen is only liable insofar as the damages are typically associated with the contract and are foreseeable.

e) WebStollen is only liable for damages resulting from a delay in performance if WebStollen has acted with intent or gross negligence. Otherwise, the rights of the user in the event of default shall remain unaffected.

f) User claims for damages are limited to 50% of the average annual contract volume per claim (maximum liability amount), insofar as these are not covered by the insurance taken out and are not based on intentional or grossly negligent action by WebStollen or the vicarious agents employed by WebStollen.

g) If there is neither intent nor gross negligence or a guarantee by WebStollen, WebStollen is not liable for indirect damages of the user such as loss of profit.

h) WebStollen’s strict liability for damages according to § 536a paragraph 1 1. alternative BGB for defects existing at the time of conclusion of the contract is excluded.

i) WebStollen is not liable for malfunctions of software and hardware caused by special environmental influences in the sphere of the user, such as mains voltage fluctuations, server failure, etc.

9. Data protection and data security

a) Data protection and data security play a particularly important role at dash.bar. dash.bar therefore only processes personal data insofar as this is necessary for the processing of contractual relationships between customers and dash.bar or dash.bar is authorized to disclose such data (e.g. when naming a company as a reference customer). Personal data will not be passed on to third parties unless it is necessary for the provision or invoicing (including debt collection) of the contractual services or there is a legal obligation to disclose it. All WebStollen employees are obliged by law to maintain data secrecy.

The customer is hereby informed in accordance with Article 13 of the EU General Data Protection Regulation (EU GDPR) that dash.bar stores and processes his/her full address and other information provided to dash.bar in the course of the contractual relationship. For details on how we handle your personal data, please refer to the further information in our privacy policy: https://dash.bar/privacy-policy-2/

The customer is prohibited from merging data collected with the dash.bar services with personal data of third parties, in particular usage data, without the proper consent of the data subject, or from using such data in any other way for personal data evaluations, unless and insofar as such processing is lawful on the basis of another relevant legal basis. The customer is responsible for the correct implementation of a use of the dash.bar functions that is permitted under data protection law and for informing the persons concerned as required.

On the websites on which the dash.bar services are used, the customer will inform the data subjects in a prominent place about the data processing with the dash.bar services. This should at least be done by means of the data protection notice provided in the dash.bar customer account under “Settings”, which must in particular also include the link provided to an objection option.

If the customer also uses dash.bar services to process personal data, he must clearly inform visitors to the website of this fact and, if necessary – insofar as required by data protection law – obtain the consent of the data subjects before processing the data. The customer must also ensure that the data is deleted once the purpose of storage no longer applies.

b) In accordance with the EU GDPR, certain contractual provisions must be complied with for the processing of personal data on behalf of the customer (“order processing”) in the European Union. The conclusion of a written or electronic agreement on order processing between WebStollen and the customer is therefore mandatory for the use of dash.bar services. WebStollen provides the customer with the opportunity to conclude such a contract in the course of his registration. The customer alone is responsible for the conclusion and existence of such an agreement.

c) WebStollen has taken appropriate technical and organizational measures to secure personal data stored at WebStollen against misuse and unauthorized access. WebStollen is not responsible for data security outside the sphere of influence of WebStollen, e.g. in the case of data transmission by the customer via the Internet via services and interfaces not controlled by WebStollen. The customer is responsible for the security and backup of the data transmitted by the customer via the Internet or technically accessible from the Internet.

The customer is responsible for the regular, proper and risk-appropriate backup of the data important to him. WebStollen is not liable for the loss of data, unless this was caused by WebStollen through gross negligence or intent.

The customer shall ensure that its servers and end devices connected to the dash.bar services have state-of-the-art security precautions (e.g. virus scanners with up-to-date virus signatures, firewalls) and that security updates of the operating software and applications of these computer systems are installed, provided that this does not conflict with any legitimate interests of the customer. The customer itself is responsible for the appropriate organization of data protection in accordance with the statutory provisions and the data protection requirements applicable to it, as well as its information security measures.

10. Set-off, retention, prohibition of assignment

a) The user is only entitled to offset, withhold or reduce payments, even if complaints or counterclaims are asserted, if the counterclaims have been legally established or are undisputed and/or the offset claim arises directly from the same contractual relationship.

b) The user is not authorised to assign claims against WebStollen to third parties. Such assignments are in any case invalid vis-à-vis WebStollen, unless expressly agreed otherwise, at least in text form.

11. Exclusion period

In the case of current accounts, the user must immediately check WebStollen’s accounts, financial statements and balance statements for accuracy and completeness. WebStollen can exclude accrued interest on arrears from the accounts and balance statements and invoice them separately. Objections to the financial statements and balance determination must be raised within 30 days of receipt; other objections must be raised immediately. Failure to raise objections in good time shall be deemed authorisation. WebStollen will make special reference to the consequences of failing to raise objections in good time when notifying final accounts, balance determinations and other settlements. Legal claims in the event of justified objections after expiry of the deadline remain unaffected.

12. Severability clause, deviations and amendments

a) No collateral agreements have been made. Changes and additions to these terms and conditions are only valid if they have been confirmed in writing by a managing director with sole power of representation or an authorised signatory of WebStollen. All individual agreements must be recorded in writing without delay. Orders placed by the user or special conditions requested by the user are only considered accepted after written confirmation by WebStollen. The written form requirement pursuant to sentence 3 shall also be complied with if fax and email are used.

b) Should individual or several provisions be invalid, this shall not affect the validity of the remaining agreements. The invalid provision shall be replaced by a provision that corresponds to the economic sense and purpose of the invalid provision in a legally permissible manner.

c) If the parties have not notified each other of any change in their respective addresses, the sending of a registered letter to the last known address shall suffice for a declaration of intent to be made to the other party. In this case, the declaration shall take effect at the time at which it would have been received without a change of address in the case of regular transport.

13. Final provisions

a) German law applies exclusively.

b) The place of fulfilment and exclusive place of jurisdiction is Regensburg, insofar as legally permissible. However, WebStollen is also entitled to sue the user at his registered office / place of residence.

c) WebStollen is authorised to change or amend the GTC if the user agrees to this. The user will be informed of planned changes to the GTC in text form at least one month before the planned date of change, emphasising the changed provisions. The user shall be deemed to have given his consent if he does not object to the amendment or addition within one month of receipt of the notification.

d) In the case of continuing obligations, WebStollen is authorised,
§1) to supplement or replace a condition with effect for existing contracts if it becomes ineffective,
§2) in the event of a change in a statutory provision or in supreme court case law, if this change affects one or more conditions of the contractual relationship, to adjust the affected conditions in such a way that corresponds to the purpose of the provision or case law, provided that the user is not worse off as a result of the new or changed condition than under the original condition.