Terms Of Service For Business Plans

A. Terms of Service for the Jimdo Business Plans

1. Subject of the Contract

1.1 You may use the agreed Jimdo Business Plans as well as other agreed services (collectively and individually referred to as “Services”) on the Jimdo Online Services.

1.2 You must create a User account (“Jimdo User Account”) and accept these Terms of Service in order to use the Online Services. You can order both paid and free Services and, in particular, create, manage, and edit websites (individually referred to as a “Jimdo Website”) via the Jimdo User Account.

1.3 Further details of our services and prices can be found in the current service description of the Jimdo Business Plans.

1.4 We provide our services exclusively to customers based in Germany.

2. Conclusion of contract

2.1 A contract between you and us is concluded exclusively online. For this purpose, you must create a Jimdo User Account via the Jimdo Business Plans process. You can then book or use a service. By clicking the "Register" button when creating a Jimdo account and clicking on the "Order" button when booking the Jimdo Business Plans, you agree to these ToSs for the Jimdo Business Plans and submit a binding offer to us to conclude a contract.

2.2 We will then send you an email in which we will confirm receipt of your order and either accept or reject your order. The Contract will only be concluded once we have sent an email stating our acceptance of the offer.

3. Jimdo’s Services, changes to these services and subcontractors

3.1 We endeavor to provide the Online Services in a manner suitable for the agreed usage with reasonable economic expenditure. It is not feasible to guarantee the uninterrupted availability of the Jimdo Websites due to technical reasons and outside influences (such as non-availability of communication networks, interruptions to the power supply, software, and hardware defects). The current status of our system can be viewed at www.jimdo-status.com.

3.2 We operate the Online Services as a standard Service for a large number of Users and provide individual Users with the Online Services in the generally available version. We reserve the right to extend Services or functions, to make changes and deletions, and implement improvements, in particular when these represent technical advances and/or are necessary, and to prevent misuse. We will only make these changes to Services provided in return for payment if these are reasonable for our Users or we are obligated to make such changes in accordance with the statutory provisions. If a change to the Online Services requires a change to the Contract, section 25 shall apply. The regulations in this section 3.2 do not apply unless we have expressly contractually agreed the provision of specific functions or content.

3.3 All of our Services that are offered free of charge, are provided “as is”. In such cases, we do not guarantee any specific functions or other features, in particular with regard to availability. Deviating from section 3.2, in the case of services offered free of charge, we may make changes to or update the Services provided to you free of charge without prior notice and without having to provide reasons.

3.4 For our Services that are provided in return for payment we guarantee an average availability of 98% calculated over one calendar year, unless explicitly otherwise agreed. The following are excluded from the availability calculation: (i) maintenance periods of up to four (4) hours per week and (ii) interruptions to availability for which we are not responsible. We endeavor to give sufficient notice of maintenance periods and to keep them as short as possible.

3.5 We are permitted to use affiliated companies and other subcontractors or Sub-Processors to provide our Services.

4. Giving and receiving declarations

To the extent we enable you to give and receive notifications or declarations within the scope of the Online Services, we are only acting as a messenger. You are responsible for ensuring that you can receive such declarations at any time. For declarations that we send via email, we will attempt to send these 3 times on the day on which these arrive on the Online Services. After this we will not make any further delivery attempts.

5. Standard sample texts

We will provide you with standard sample texts (such as the “About me” page, cookie banner text, etc.) which you may use on your Jimdo Website (“Standard Sample Texts”). You may adapt the templates for use on your Jimdo Website. Jimdo is not liable for the accuracy, completeness, and legal conformity of the Standard Sample Texts; see also section 16.1.

6. Terms of payment, invoice and price adjustment

6.1 You are obliged to pay us the agreed price in advance and, unless otherwise agreed, for the respective initial contract term for the provision of the Online Service and the use of the Jimdo Business Plans. All prices quoted are exclusive of the applicable value added tax unless otherwise stated by Jimdo.

6.2 Payment is due fourteen (14) days after receipt of the invoice, unless otherwise agreed. Jimdo will collect all payments via the payment method selected by the User. If it is not possible to automatically debit the payment the User will receive a payment link from Jimdo on the day of the extension of the Contract. Payment must be made for the new contract term using this link within 14 days. The validity period for any discounts granted will also start from this point in time. If Services have been made cheaper on the basis of an agreed discount, this relates to the Services described as discounted during the ordering process with Jimdo and, unless otherwise stated, relates to the first contractual period of the contract term. Subsequent extensions of the contract term will not be charged at the discounted price.

6.3 Jimdo is entitled to block access to the Online Service in whole or in part and/or to suspend the provision of the services if the User is in default of payment in whole or in part for more than thirty (30) days. In this case, Jimdo will also be entitled to have the User's domain deleted ("CLOSE") at the respective registry and to delete data and content that the User has otherwise stored as part of Jimdo's services (e.g. the created Customer website or appointment bookings) as well as the associated email accounts (including the emails in the inboxes). Jimdo does not assume any liability for interruptions, damages or loss of sales which are caused by a blocking of the site or deletion of data as a result of failure to pay, incorrect payment or late payment, provided that the User is responsible for the failure or delay in payment.

6.4 If a payment is subject to a chargeback on behalf of the User, Jimdo reserves the right to block the corresponding Jimdo Account and to terminate the associated Contract(s). Renewed use of the Jimdo Online Services is only possible after all outstanding debts have been paid. Renewed use of the Jimdo Online Services is possible only after all outstanding claims have been settled.

6.5 Fees incurred by Jimdo as a result of chargeback, refusal of payment, justified involvement of a collection agency or litigation may be charged to the User.

6.6 We may change the prices for our services with effect for the future. A reason to change the prices may occur in particular if the costs for the provision of our services on which we base the calculation of the price change or if we adjust the scope of services (e.g. higher costs for hosting, provision of new functionalities). In the case of existing fee-based contracts, the changes will take effect at the start of the next contract period. We will inform you of this at least six (6) weeks before the change takes effect. If you do not object to the notification within six (6) weeks of receipt and continue to use our services after the expiry of the objection period, the changes shall be deemed to have been agreed with effect from the expiry of the period. In the notification of change, we will again inform you of your right to object and of the consequences of an objection.

7. System requirements, domains, adhering to the applicable law, and Community Standards

7.1 There are certain system requirements which must be met to be able to use the Services, in particular, use of one of the world's most commonly used browsers (such as Google Chrome or Mozilla Firefox) and operating systems (iOS or Android) in their current and previous versions.

7.2 You may select an available subdomain to publish your Jimdo Website on.

7.3 When using the Online Services and other Services you are obligated:

• to adhere to all applicable laws, including child protection law, product liability law, product safety law, e-commerce law (in particular, statutory obligations for operator identification), competition law, data protection law (in particular the applicable General Data Protection Regulation (EU) 2016/679 (“GDPR”)) and tax law, as well as to obtain and maintain all required consents, permissions, and approvals at your own expense;

• to adhere to the provisions of our Community Standards in their currently valid version and to not use any content, in particular text, graphics, images, photos, domain names, information, Terms and Conditions of Service and/or Privacy Policies in conjunction with the Services the use of which is not in line with our Community Standards;

• to always provide truthful and complete personal data when registering for the Online Services and to always keep this updated. We reserve the right to request that you provide suitable proof of identification;

• to update us without delay in the event that you become aware of circumstances and, in particular, of incidents which mean that you may not be able to fulfill the obligations set out in this section 7.3 (“Incidents”). At our request and to the extent possible and reasonable you will help us to rectify the Incidents through suitable measures;

• and you will appoint a natural person as a point of contact for us.

7.4 We are not obligated to check your Jimdo Website for any legal violations.

8. Connecting to social media platforms

8.1 To the extent we are able to offer you the technical possibility of connecting the Jimdo Website with an account on a social media platform (hereinafter referred to as a “Social Media Account”), you may access content that is stored in your Social Media Account and directly store this in your image library on the Online Services and/or use it on your Jimdo Website.

8.2 On connecting to a Social Media Account you are commissioning us to search for the relevant publicly available data which is connected to your Social Media Account. We then search for publicly available information which is likely relevant to you using an interface to the social media platform(s) and make this available to you to integrate into the Jimdo Website. Section 14 shall apply accordingly.

9. Backup of data

We create regular security backups on our web server. Individual Jimdo Websites and/or content cannot be restored from this backup. You should therefore create your own regular backups of all content on your Jimdo Websites in order to avoid losses resulting from loss of data. This applies, in particular, to data about products and sales.

10. Integrating third party services

10.1 In the administration area of your account (“Dashboard”) you can select services, products, and tools from selected external service providers at your own risk and connect/integrate them with your Jimdo Website (“Third Party Services”).

10.2 Jimdo may refuse to connect corresponding Third Party Services to a Jimdo Website if this is contrary to the legitimate interests of Jimdo or the provider of the Third Party Service.

10.3 Unless expressly agreed to the contrary, a contractual relationship will come into force regarding the use of the Third Party Services between yourself and the provider of the Third Party Service provider. In particular, we are not liable in connection with Third Party Services for:

• a) the proper service provision of the Third Party Service;

• b) the compatibility of the Third Party Service with the Online Services/the Jimdo Website;

• c) the contractual relationship between the User and the provider of the Third Party Services;

• d) losses which arise as a result of using the Third Party Service. You are solely responsible for the final implementation of the selected Third Party Service, for assessing the compatibility of the Third Party Service with the Jimdo Website, and complying with the Privacy Policy and the Terms of Service of the provider of the Third Party Service.

10.4 We will endeavor to design the Online Services in a manner which allows you to choose to integrate Third Party Services with the Online Services. However, we reserve the right to change the selection of Third Party Services that are available. We will inform you as early as possible of any changes. Section 3.2 shall apply accordingly.

10.5 The type and scope of using Third Party Services depends on the respective Terms of Service and Privacy Policy of the provider of the selected Third Party Service which you are obligated to observe. In the event of an actual or suspected infringement you shall indemnify us in accordance with section 17.

11. Our advertising activities

We may design the Dashboard as we see fit. In particular, we may display product-related advertisements and other commercial or sponsored content in the Dashboard that we believe may be valuable to you or helpful to your business.

12. Data analysis for quality assurance and the further development and offering of our products

12.1 We reserve the right to collect and statistically evaluate data from you about the functions and usage of the Online Services (such as visitor data for individual Jimdo pages, number of bookings, etc.) for quality assurance purposes and to further develop our products and Services. We use the data obtained from here for our own purposes, in particular, to rectify errors, and to improve User-friendliness and the use of the Online Services.

12.2 We are also entitled to statistically evaluate, purely company-related data from your use of the Jimdo Online Services (such as the number of visitors to your website in a certain timeframe, sector, number of completed and uncompleted orders, categories of goods/services offered, recipient countries for cross-border sales and bookings via your website), to develop Jimdo products and to improve the processing of our individual offers.

13. Intellectual property

13.1 We grant you the non-exclusive, non-transferable, non-sublicensable right to use our own design templates that we make available to you for integration into your Jimdo Products (e.g. images, texts, layout, fonts) for your Jimdo Products ("Jimdo content"). You are not permitted to use the Jimdo Content outside of Jimdo products, such as in print media or other platforms on the Internet. Section 14 applies to third-party content provided by us.

13.2 You grant Jimdo and our subcontractors the non-exclusive, transferable, global, sublicensable, and fee-free right to use content made available in conjunction with the Online Services, from you or third parties whom you have allowed to use the Online Services, including designs, text, graphics, images, photos, software code, Terms of Service, Privacy Policies, and identifiers, in particular logos and the representation of your website or online store (collectively referred to as “User Content”) for the purpose of fulfilling obligations arising from the Contract, operating the Online Services, marketing, in particular online, search engine, and social media marketing, and to fulfill statutory obligations and orders from the authorities in a suitable manner towards other Jimdo Users or to publicly refer to it (such as with regard to an online store recommendation or search function). The copyright holder of the User Content waives their right to be identified as the author, however Jimdo may mention them by name at Jimdo’s discretion. We reserve the right to only publish User Content when you have provided us with suitable proof of your authorization to use the User Content.

14. Proposed third party content

The following applies if we have suggested that you use content published by third parties (such as links, stock images, etc.) on or in conjunction with your Jimdo Website (“Third Party Content”):

• a) When selecting content we use services, technology, external services, and stock photography agencies to make our suggestions for your Jimdo Website based on their automatic algorithms and technology.
• b) We endeavor to provide you with the relevant sources and/or photo information for the Third Party Content. However, we do not assume any responsibility or liability for the accuracy or reliability of the information and the Third Party Content provided.
• c) It is solely your responsibility to carefully check all Third Party Content suggested by us (or by our subcontractors) before publishing it on your Jimdo Website. Section 7.3 shall also apply accordingly to Third Party Content.

15. Term, termination and plans change

15.1 The term of a Contract is determined by the term of the Jimdo Business Plan you purchase.

15.2 If you have chosen a term of at least one (1) year, your Jimdo Business Plan will be extended accordingly for the same term if you do not cancel at least one (1) month before the expiry of the respective term of the Contract. You will be informed by Jimdo per email of the extension of the Contract at least six (6) weeks before the date of the extension of the Contract.

15.3 If you have chosen a monthly term, your Jimdo Business Plan will be extended accordingly for the same term if you do not cancel by the end of the respective term. You will not be informed separately by email about the upcoming contract extension.

15.4 You can terminate your contract with us online in the settings of your Jimdo account (e.g. in the dashboard) or in text form (e.g. by email). Cancellation by email must be made using the email address provided as the contact address to ensure adequate verification. In the event of termination of the contract, regardless of which party, we reserve the right to delete all data that you have stored, created or otherwise processed as part of the Jimdo Business Plans products within three months. This also applies to the websites you have created and data you have received about the Users of your website (e.g. statistics, bookings, purchases of goods, etc.). You are responsible for backing up your data prior to termination of the contract.

15.5 Jimdo is entitled to terminate the contractual relationship at any time without giving reasons with twelve (12) weeks' notice. Payments made in advance will be refunded to the User on a pro rata basis. Costs for a domain are not refundable.

15.6 The right of termination for good cause pursuant to section 314 German Civil Code (BGB) without providing notice shall remain unaffected by the foregoing. Grounds for termination for cause include all circumstances where we are entitled to block the User’s access to the Online Services, in whole or in part, or to suspend performance of the Services, for example where Jimdo’s reputation is damaged by way of an infringement of an obligation arising from the Contract by the User or an infringement of the Community Standards. The right to claim damages remains unaffected by termination.

16. Liability

16.1 We exclude all liability for Standard Sample Texts that we have provided without charge and independently of the services offered within the Jimdo Business Plans. This also applies for Sample Texts for the Cookie Banner.

16.2 Jimdo is not liable for simple negligence in conjunction with providing the Online Services and other Services, unless this relates to the infringement of contractual obligations, the performance of which actually enables the proper implementation of the contract and the observance of which you as the User expect and are entitled to expect (cardinal obligations). In this case our liability is restricted to those losses that were foreseeable when the Contract was concluded and are typical for the Contract.

16.3 All claims for damages against us arising from or in connection with the Contract lapse after a maximum of one (1) year.

16.4 The exclusion and restrictions on liability in sections 16.1 - 16.3 do not apply, (i) unless liability cannot be restricted or excluded in accordance with the law, in particular, with regard to the German Product Liability Act (Produkthaftungsgesetz), (ii) in the event of intentional acts or omissions, or gross negligence, (iii) in the event of losses caused by injury to body, life or health, (iv) in the event of fraud and (v) in the event of non-adherence to an agreed warranty.

16.5 None of Jimdo’s obligations under this Contract give rise to any assured characteristics or other form of warranty. We exclude claims for strict liability for existing defects present upon conclusion of the Contract.

16.6 All the exclusions and restrictions on liability in this section 16 also apply to the benefit of affiliated companies, members of the board, directors, employees, holders of power of attorney, sub-suppliers, subcontractors, and other auxiliary persons of Jimdo.

17. Indemnification

17.1 As an entrepreneur you hereby indemnify Jimdo, affiliated companies, and subcontractors of Jimdo against all claims, losses, and costs (including procedural costs and legal fees, plus the cost of expert witnesses) which have been asserted arising from or in conjunction with an actual or alleged violation by yourself or a person you have allowed to use the Services, in particular against the provisions of sections 7.3.

17.2 The indemnification obligation as per this section 17.1 does not apply if Jimdo or a third party is responsible for the claims, losses, and/or costs that have arisen.

18. Responsibility and representation

18.1 You are responsible to Jimdo for all actions of and omissions by employees, third parties acting on your behalf and third parties you have allowed to use the Services to the same extent as you would be for your own actions. In particular, you are fully responsible for ensuring that third parties whom you have allowed to use the Services adhere to all provisions of this Contract in full; in order to allow third parties including affiliated companies to use the Services of Jimdo the express consent of Jimdo is required.

18.2 You are responsible for ensuring that all persons whom you allow to use the Online Services are permitted within the scope of the usage and access rights granted to you, including giving legally relevant declarations.

19. Deletion and blocking of content and data, and other defensive measures

19.1 Jimdo is entitled to erase and/or block access to content that has been made available in conjunction with the Online Services by you or by third parties which you have allowed to use the Online Services, where and to the extent the content does not meet the requirements of this Contract, in particular section 7.3 at Jimdo’s reasonable discretion.

19.2 Jimdo is furthermore entitled to, in whole or in part, block your access to the Online Services and/or to suspend the provision of Services under the Contract if you have defaulted on fulfilling your payment obligations under this Contract, in whole or in part, by more than thirty (30) days or you have infringed your obligations arising from the Contract in a substantial manner or if such blocking is required in accordance with the law. In this case Jimdo is furthermore entitled to have the domain of the Jimdo User deleted (“CLOSE”) at the respective registry.

19.3 Unless you have a paid contract for the Jimdo Business Plans, we are entitled to irrevocably delete your Jimdo Account if you have not logged into your Jimdo Account for a period of 180 days. Section 15.6 remains unaffected by this.

19.4 We are entitled to take all defensive measures which are required to prevent a security breach on Jimdo Websites and an interruption of the Online Services. This applies, in particular, if there is a risk of Customer information being disclosed without authorization. You are obligated to give us your full support with the defensive measures to the best of your knowledge.

20. Communication

20.1 We agree that we will primarily only communicate electronically. Unless expressly agreed to the contrary, we may send contractual information by email or display it on the dashboard at our discretion.

20.2 "Electronic communication” means the transmission of all legally relevant declarations regarding this Contract (such as notifications regarding the execution of the Contract, price amendments, and contractual amendments), documents including invoices, and other notifications (collectively referred to as "Documents”) by email or via the password-protected Jimdo User Account. Documents will not be sent by post. We reserve the right to send Documents by post on an individual basis, for example when more stringent requirements than electronic communication are prescribed by the statutory provisions.

21. Data protection and data processing

21.1 You can find information about data processing in the Jimdo Privacy Policy.

21.2 If we process personal data on your behalf in accordance with Art. 28 GDPR the following Data Processing Agreement (DPA) applies.

22. Changes to the Terms of Service

22.1 Jimdo is entitled to make changes to these ToS and Supplementary Terms at any time. Changes may be required due to changes to the applicable law or implementing the further development of contractually agreed Services, provided these changes do not shift the previously agreed performance and consideration ratio too significantly to the benefit of Jimdo. We will inform you of changes to the contractual terms with a minimum notice period of thirty (30) days before they come into effect. The notification may be sent by email or can be downloaded from the password-protected Jimdo Account in the Dashboard.

22.2 The changes to the contractual terms will come into effect if you do not object to them in writing within the period of time stated in the notification (for example by sending us an email) and you continue to use the Online Services after the expiry of the notification period. We will make you aware of these consequences separately in the notification. Other rights of termination of the parties remain unaffected.

23. Final provisions

23.1 Should one or more provisions of the contract be or become invalid or unenforceable, this shall not affect the remaining provisions of the contract.

23.2 Contracts between you and us shall be governed exclusively by German law \ to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Any terms and conditions other than these ToS for the Jimdo Business Plans and the Supplementary Terms below shall not form part of the contractual relationship between you and Jimdo unless we have expressly agreed to their application at least in text form.

23.3 Hamburg, Germany shall be (i) the exclusive place of jurisdiction for all disputes arising out of or in connection with the Contract and/or with regard to the validity of the Contract and (ii) the place of performance for all performances of the parties arising out of or in connection with the Contract.

23.4 The parties conclude the contract in English. In the event of deviations on the interpretation of the Contract arising from the translation, the provisions of the German-language Contract shall apply.

B. Supplementary Terms for use of your own Domain

If you use your own domain the following Supplementary Terms apply in addition to the ToS for the Jimdo Business Plans.

1. Registering a domain

1.1 We offer our Users the opportunity to register their own domain for the Jimdo Website. Various top-level domains (such as .de and .com) are managed by different organizations (individually referred to as a “Registry”). Each Registry has individual terms for registering and managing domains which apply to the relationship between the Registry and the User as the holder of the domain; for .de domains these are the DENIC Domain Terms & Conditions and the DENIC Domain Guidelines of DENIC e.G. Only an accredited registrar (“Registrar”) with whom Jimdo cooperates can apply for a domain to be registered with a Registry.

1.2 To use your own domain you must commission us by way of an agency agreement to apply for this domain in your name. As your agent we will then apply to the Registry for the domain using a Registrar we have commissioned. We are entitled to work together with a Registrar of our choice to fulfill the Contract.

1.3 The Contract to provide you with your own domain name will always come into force directly between the Registry and yourself (“Domain Registration and Management Agreement”) and the domain will be registered in the name stipulated by you. We will manage the domain on your behalf.

1.4 You will pay the costs of registering the domain unless we have expressly stated that we will bear these costs.

1.5 We are entitled to apply for the domain for you only after payment of the agreed fees has been made.

1.6 Registering the domain is an automated procedure where we forward your data to the respective Registry. In some cases verification by email is required. We have no influence over the assignment of the domain by the respective Registry and assume no liability that the domain applied for on your behalf will be granted and/or that the granted domain will be free of third party rights or will continue to exist in the future.

1.7 Registration may not be possible despite the domain being indicated as being available when checked electronically before the Contract was entered into. The Registry may decline the registration in accordance with their Terms and Conditions. The domain is only assigned through the registration of the domain by the Registry and entry into the Registry’s database.

1.8 If the domain applied for has already been allocated elsewhere by the Registry by the time the application is forwarded you may choose another domain name.

1.9 You cannot change the domain name after it has been applied for via registration with the Registry.

2. Your rights and obligations

2.1 You are obligated to:

• provide all documents that are requested by the respective Registry when applying for a domain (such as evidence of the company name/trademark);

• only provide us with correct and complete information (such as information about the domain name holder (“Owner-C”) and the administrative contact (“Admin-C”) plus contact data). If this information changes you must inform us of this without delay;

• ensure that the domain applied for does not infringe any third party rights or violate the applicable law;

• inform us without delay if you lose the rights to one of your registered domains, in particular if you have relinquished the domain to the Registry or the Registrar.

  2.2 If the Registry terminates the Domain Registration and Management Agreement you have no claim against us to apply for a replacement domain.

3. Changing the domain used for a Jimdo Website and domain transfer

3.1 You can change the domain you use for the Jimdo Website at any time, for example by commissioning us to apply for a new domain for the Jimdo Website.

3.2 You can also decide to have your domain managed by another provider (Registrar or reseller). To do so you must submit a request to change provider. We will then initiate the transfer of the domain for you and make all necessary declarations to the Registry. We will provide you/your future domain provider with the transfer code (auth code). The transfer of a domain has no effect on the remainder of your Contract with us.

4. Terminating the Domain Registration and Management Agreement and changing provider

4.1 If you wish to terminate the Domain Registration and Management Agreement with the Registrar you must give us written notice of this. We will then give notice of the termination to the Registrar in your name.

4.2 If you have terminated the Domain Registration and Management Agreement with the Registry as per section 4.1 or if the Registry terminates the Domain Registration and Management Agreement we will then request that you select a new domain for your Jimdo Website before the end of the Domain Registration and Management Agreement. If you do not comply with this request in good time we are entitled to suspend our Services until you have selected another usable domain.

4.3 If the Contract between us and you for the agreed Online Services is terminated you must commission a change of provider with us in good time, no later than one (1) week before the end of this Contract, so that the domain(s) can continue to be used after the end of the Contract. If the User does not commission a change of provider in good time the Registry will finally delete the domain.

5. Domain deletion by Jimdo

If you infringe sections 2.1, 2.2 and 2.3 of these Supplementary Terms we are entitled to terminate the agency agreement with you regarding the application and management of the domain and to request the deletion of the domain from the Registry. This includes deleting the associated email accounts (including emails in the mailboxes).

6. Format of declarations

All declarations, in particular declarations to terminate and delete domains must be made in writing or may, to the extent that this is offered in the administration area, be made there by the User or submitted electronically to Jimdo via the cancellation button on the Jimdo.com website.

C. Supplementary Terms for the Creation of Jimdo Statistics

If the use of Jimdo Statistics is agreed the following Supplementary Terms apply in addition to the ToS for the Jimdo Business Plans:

1. We offer Users Jimdo's own analysis tool (“Jimdo Statistics”) which can be used by the User for the statistical evaluation of the use of their Jimdo Website by website visitors.
2. The User may deactivate and activate Jimdo Statistics in the dashboard of your Jimdo Account at any time.
3. Jimdo Statistics works without using cookies and no information is accessed from or stored on the device of the visitor to the Jimdo Website. The data relating to visitors to your website is automatically collected when they visit the website, and is then aggregated and shown accordingly on the dashboard for the User to evaluate.
4. The data collected from the website visitors is truncated, stored as a hash value, and also encrypted with a random value (salt) that changes every 24 hours. By this anonymization, no conclusions can be drawn about the identity of individual visitors to the website. This data is also not combined with the processed data.
5. Data from the visitors to the website is processed using Jimdo Statistics on the basis of the legitimate interest as per Art. 6 (1) (f) GDPR in accordance with data protection law. This legitimate interest arises from the collection of relevant information about the usage of the website to optimize the User’s Services. Jimdo processes the data collected for the User on the basis of a Data Processing Agreement (DPA).
6. When using Jimdo Statistics the personal data of website visitors is processed (also anonymization of personal data is meant by that) so that the User can make any potential changes to their own Privacy Policy. This does not apply if the User uses the Legal Text Generator, as in this case the relevant wording is amended automatically by our partner, Trusted Shops.

D. Supplementary Terms for the use of online stores

If the use of the online store (Premium) Plan is agreed, the following Supplementary Terms apply in addition to the ToS for the Jimdo Business Plans:

1. As the technical service provider of the Online Services we provide you with an Online Store. You are solely reliable for the design and operation of your Online Store as well as for the fulfillment of all legal requirements and those in conjunction with the created website.
2. You must design the Online Store so that it is apparent to all visitors who the operator of the Online Store is. In particular, in your Online Store you must have your own legal notice, privacy policy regarding the use of the Online Store by visitors to the store, and Terms and Conditions of Service for the items made available for sale and you must fulfill all precontractual and postcontractual obligations to provide information as per BGB/EGBGB requirements.
3. No contractual or performance relationship comes into force between us and your shop visitors or customers through using the Online Store or the products and we assume no responsibility of any kind for the provision of Services to or through customers and in particular, not for the provision of the Online Store or items offered on the Online Store as well as for declarations or other actions made by yourself or your customers.
4. Your obligation to indemnify us as per section 17 of the ToS for the Jimdo Business Plans also includes claims, losses, and costs which have been asserted/arise in conjunction with the following circumstances: Claims from Customers or third parties which are asserted arising from or in conjunction with the provision of the Online Store and/or the purchase or use of the items you offer in the Online Store, subject to the proviso that any of your rights of recourse against us remain unaffected.
5. You acknowledge that the Online Store is not suitable for the sale of digital products and digital services (such as apps, ebooks, digital publications, PDFs, computer programs, software, software-as-a-service, online games, etc.) and was designed for sales from entrepreneurs to consumers (B2C). Sales to entrepreneurs (B2B) are not supported by Jimdo.
6. You acknowledge that the Online Store does not fulfill the requirements of the principles for properly maintaining and storing books, records, and documents in electronic form and for data access (GoBD) and that you cannot produce any invoices, receipts or other fiscal documentation using the Online Store.
7. You are solely responsible for storing data in accordance with the statutory requirements, in particular commercial and fiscal law.
8. If you offer goods or services which come under the German Youth Protection Act (Jugendschutzgesetz, JuSchG) we recommend you contact a specialist lawyer or expert.
9. We don’t recommend selling products or services through the Online Store, where the sale is particularly regulated. We assume no liability for the Online Shop meeting legal requirements for the sale of specific products and services. In addition, pursuant to section 7.3 of the ToS for the Jimdo Business Plans, the Jimdo Community Policy must be complied with.

E. Supplementary Terms for the use of the Logo Creator

If use of the Logo Creator is agreed the following Supplementary Terms apply in addition to the ToS for the Jimdo Business Plans:

1. The Logo Creator provides you with certain symbols/icons (“Symbols”), fonts, colors, and other design elements (collectively with the Symbols or individually referred to as “Design Elements”) which you can use to create and customize your own logo in a modular system.
2. The Symbols are made available by us or a third-party provider where the right of use to the Symbols are obtained from the respective copyright holders.
3. We may offer different versions of the Logo Creator. All free logos which are created on the Jimdo platform using the Logo Creator will be made available in a standard format in the dashboard of the Jimdo account and can be downloaded from the Jimdo account.
4. We are not obligated to assess the logos created with the Logo Creator for potential legal infringements. We have the right (but are not obligated) to reject or remove content created using the Logo Creator from our websites at our own discretion.
5. You must observe the necessary due diligence when using the Logo Creator. In particular, you are obligated to regularly back up your data, especially your created logo, so that you can restore it in the event of loss or the justified blocking of your Jimdo User Account. We are not liable for the loss of data, unless this was caused by our gross negligence or intentional act or omission.
6. You are prohibited from carrying out any action with the logo or Design Elements created via Logo Creator which breaches these Supplemental Terms or the Community Standards and/or applicable law and/or infringes the rights of third parties. When creating and using your own content in conjunction with creating and using the logo you undertake to observe the applicable laws (such as criminal law, anti-competition law, and the law regarding the protection of minors) and not to infringe the rights of third parties (such as rights relating to the use of a name, trademark rights, copyright, and data protection rights).
7. We may block or terminate access to use of the Logo Creator at any time and at our own discretion if there are specific indications that you have breached these Supplemental Terms, the Community Standards and/or have broken the law. The legitimate interests of all parties involved will be appropriately taken into consideration when deciding on blocking an account.
8. Upon request by us, you shall provide us with appropriate proof of identity and/or proof of rights and licenses to use the intellectual property used/created by you on or with Logo Creator.
9. We hereby grant you a perpetual, non-exclusive, irrevocable, and non-transferable worldwide license to use the logo created on the Jimdo platform to represent and advertise your private, entrepreneurial, and/or commercial activities. This comprises the right to publish, disseminate and reproduce and the right to make available to the public for this purpose. This does not include the right to adapt and transform the logo (section 23 German Copyright Act, UrhG).
10. The individual Design Elements of the logo provided by us or our contractual partners are not covered by the license granted. You are, in particular, not entitled to use or exploit individual or multiple Design Elements or a part of a Design Element separately from the logo. All other rights to and regarding the logo, including, but not limited to all copyright and other rights to intellectual property with regard to the logo, are retained by us and/or our contributors.
11. The granting of the rights of use granted in section 1.10 for the created logo is restricted for use in connection with an item for resale up to a maximum number of 1,000 (one thousand) times for each license obtained. An item for resale is any material good where the fundamental value of the product results from the Symbol used (such as merchandising items).
12. We waive our right to be identified as the author of the work as per section 13 UrhG.
13. We will endeavor to but are not obligated to improve and develop the Logo Creator. We reserve the right to make new functions available, with or without charge, and/or to cease providing free of charge functions, and to change, extend, and update the Logo Creator/the associated Services at our discretion after appropriately notifying the User. We reserve the right to do so, in particular when the changes represent technical advances, and/or to improve a certain User experience provided by us, and/or are necessary, and/or to prevent misuse. Moreover section 25 of the ToS shall apply.

F. Supplementary Terms for the use of Jimdo Business Listings

1. General

1.1 We offer the “Jimdo Business Listings” as a part of our Jimdo Business Plans. Jimdo Business Listings is a Service for digital location-based marketing. If you use Jimdo Business Listings you can publish information about a company such as company name, address, contact details, photos, logos, and other content (collectively referred to as “Company Location Data”) on various online systems and GPS systems (such as Facebook, Google Maps) (individually referred to as a “Listing Partner”), and check, and if need be update, existing published information.

1.2 We use Uberall GmbH with its registered office at Hussitenstraße 32-33, 13355 Berlin, Germany as a subcontractor (“Technical Service Provider”) for Jimdo Business Listings.

1.3 In submitting Company Location Data, as well as in using Jimdo Business Listings and confirming these Supplementary Terms you are consenting to the publication of the Company Location Data by the Listing Partners.

1.4 We are entitled to verify the Company Location Data submitted by you (such as by post, or telephone via entering a PIN, or platform verification/log-in, etc.) before these may be published by the Listing Partners. For this purpose we reserve the right, in particular when requested by one of the Listing Partners, to only publish these when (i) you have provided evidence of your business identity plus evidence of your authorization to act for the company or (ii) you have logged in to the platform of the Listing Partner using your business account to finalize the verification of the Company Location Data (these and any further measures required measures are referred to as “Verification Measures”). You acknowledge and confirm that you agree to carry out the Verification Measures in order to be able to use the Jimdo Business Listings to their full extent.

1.5 We will transfer Company Location Data to the Technical Service Provider and a User account will be set up for you with the Technical Service Provider. The Technical Service Provider will not open an additional account for you if you already have a User account with them and will request that you select an account to use with Jimdo Business Listings. We will inform you of these measures.

1.6 We will make commercially reasonable efforts to automatically provide the Company Location Data to the various Listing Partners for the purpose of publication. Publishing the Company Location Data can take up to three (3) months, especially for the GPS Listing Partners/platforms (such as TomTom, Cylex, etc.).

1.7 We reserve the right to offer additional statistics and tips relating to your Company Location Data in the administration area but we are not obligated to do so. Statistics (such as click rates, page views, etc.) come from completely anonymized data which is collected directly by each Listing Partner from their platform at their own discretion, plus is transmitted to Jimdo to be shown in the administration area after being determined by the Technical Service Provider. The additional statistics, where available, cannot be (individually) deactivated. Jimdo/the Technical Service Provider exercises the utmost care when developing, evaluating, and providing the statistics and tips. All the information, statistics, and tips presented and included are provided without any express or implied warranty. We do not assume any responsibility or liability for the accuracy, completeness, lawfulness, and reliability of the statistics and tips. Likewise no warranty for the suitability of this information for the User's particular circumstances is provided.

2. Listing Partners

2.1 The current list of directory partners with whom we cooperate can be viewed at any time in the "Jimdo Business Listings" section of the Dashboard. Notwithstanding the rights to change the service under Section 3.2 of the ToS for Jimdo Business Plans, we are entitled to change the directory partners in exceptional cases for which we are not responsible (such as the insolvency of the directory partner, etc.).

2.2 We do not guarantee the availability of the company location data in the systems and services of the directory partners. The directory partners are not subcontractors of us and are not subject to our instructions. There is no claim to the publication of the Company Location Data by a particular Directory Partner.

2.3 You acknowledge that for reasons beyond our control the publication of the Company Location Data cannot take place, in particular in case of

• a) Space limitations in the directory,

• b) incompatibility of the company location data with the technical application (systems) of the directory partners,

• c) Use of other sources for searching the enterprise location data by the directory partners,

• d) publishing and update cycles of the Directory Partner; and

• e) impossibility for us to assign specific locations to a site.

  2.4 In these cases, we will only be liable if you prove that Jimdo is responsible for the above reasons. Section 17 of the ToS for Jimdo Business Plans remains unaffected.

3. Intellectual Property

In addition to the granting of rights to the Company Location Data as per section 13.2 of the ToS for the Jimdo Business Plans you also grant us a perpetual license to the Company Location Data for the following purposes:

1. to combine, modify and/or enrich the Company Location Data with the data held by the Technical Service Provider or their affiliates;
2. to use the Company Location Data internally within the database of the Technical Service Provider;
3. to add the Company Location Data to the database of the Technical Service Provider;
4. to sell, disseminate, promote, and advertise products which contain Company Location Data;
5. to distribute the Company Location Data and/or derivative works thereof to each Listing Partner (directly or via a distribution chain);
6. for the Company Location Data to be used by Customers of the Listing Partner.

3.2 If you erase or change the Company Location Data on the Online Services this has no influence over the right we were granted to use the Company Location Data as per this section 3 up until this point in time.

4. Your obligations

4.1 You shall provide us with all the documents, information, and material required for Jimdo Business Listings in good time. You shall ensure that the Company Location Data and other documents and materials that you have provided us with are complete and correct.

4.2 You shall enter the Company Location Data in the “Jimdo Business Listings” header in the Dashboard of your Jimdo Account. Jimdo is entitled to alter the format of the entries in accordance with section 3.2 of the ToS. You acknowledge that individual Listing Partners may not be able to support certain formats and/or publish certain information in full in the format transmitted for technical reasons.

5. Indemnification

5.1 Your obligation to indemnify us as per section 17 of the ToS for the Jimdo Business Plans also includes claims which are asserted against us or the Technical Service Provider by third parties arising from or in conjunction with the use of Company Location Data subject to the proviso that any of your rights of recourse against us remain unaffected.

5.2 If such a claim is asserted against you, Jimdo, the Technical Service Provider, and/or a Listing Partner, or if you are aware that the Company Location Data may infringe the rights of third parties, you are obligated as soon as you become aware of this at your own expense to (i) obtain a license to the Company Location Data as per section 3.1 of these Supplementary Terms, or to (ii) erase, replace or alter the Company Location Data so that it no longer infringes any rights of third parties.

6. Erasure and blocking

6.1 Without prejudice to the right to erasure and blocking in section 19 of the ToS, we are entitled to erase and/or block your access to the Company Location Data, where and to the extent that, at our reasonable discretion, the Company Location Data does not fulfill the requirements of section 3.1 of these Supplementary Terms and/or section 7.3 of the ToS for the Jimdo Business Plans. If we become aware of such an infringement we will inform you of this by email within three (3) working days.

6.2 You acknowledge and confirm that you agree that, as soon as (all or a part of) the Company Location Data has been used by a Listing Partner and/or their customers, we are not obligated to erase the Company Location Data from all services, systems, and devices of the Listing Partner or their customers or to ensure that the Listing Partner, their customers or other third parties do not change or use the Company Location Data.

6.3 You agree that you will need to contact the Listing Partner directly in order to have Company Location Data erased where it has been published with Listing Partners.

G. Supplementary Terms for Jimdo App Integration

If use of the Jimdo App Integration is agreed the following Supplementary Terms apply in addition to the ToS for the Jimdo Business Plans:

1. We offer Users Jimdo's own integration tool for various Third Party Services (apps) which can be made available from Jimdo via a third party service provider (Jimdo App Integration). The User can embed content into their website by inserting a URL from the website/service to be integrated (framing).
2. The User can decide themselves in the dashboard whether apps should be integrated and, if so, which ones. In some circumstances this can involve the transmission of personal data to the respective third party service which Jimdo has no influence over and therefore cannot access this data.
3. If apps are integrated and website visitors have consented to the placement of cookies or similar technology on the User’s website, in some circumstances this can also involve the transmission of the personal data of your website visitors to the respective third party service. Data relating to the visitors to the website is processed by the integrated third party service on the basis of the website visitor’s explicit consent as per Art. 6 (1) (a) GDPR.
4. In some circumstances the personal data of the website visitors is processed so that the User can make any potential changes to their own privacy policy. This does not apply if the User uses the Legal Text Generator, as in this case the relevant wording is amended automatically by our partner, Trusted Shops.
5. Please note that Jimdo assumes no liability or warranty for whether the Third Party Content embedded in your website is accurate and in compliance with the law. The same applies to the content and accuracy of linked sample texts. If you have any questions regarding this we recommend you contact a legal expert. This does not give rise to any right to the permanent provision of a third party service with respect to Jimdo.

H. Additional Terms For Jimdo Bookings

If you have selected Jimdo Bookings, the following Supplementary Conditions apply in addition to the ToS for the Jimdo Business Plans:

1. We provide Users with a proprietary Jimdo Booking Tool (“Jimdo Bookings”), for use on Users' websites, enabling your visitors to book and cancel binding, paid appointments. Appointments cannot be paid via the Booking Tool. You can also use Jimdo Bookings to view and manage appointments your customers have booked. As the website operator, you are responsible for compliance with all legal regulations governing the use and organization of Jimdo Bookings and the services offered through it.
2. No contractual or performance relationship will arise between us and your website visitors or customers due to their use of the Booking Tool or your services, and we assume no responsibility of any kind for the provision of services to or by customers or for the provision of the services you offer via the Booking Tool or for any statements or other actions by you or your customers.
3. Your obligation to indemnify under section 18 of the ToS also includes claims, losses and costs that have been asserted or arise in conjunction with the following circumstances: Claims from Customers or third parties that are asserted due to or in conjunction with the provision of the Booking Tool and/or the purchase or use of the services you offer through the Booking Tool, subject to the proviso that your potential right to recourse against us remains unaffected.
4. You acknowledge that Jimdo Bookings does not fulfill the requirements of the principles for properly maintaining and storing books, records, and documents in electronic form and for data access (GoBD) and that no invoices, receipts or other fiscal documentation may be produced using the Jimdo Bookings. We do not assume any liability that Jimdo Bookings meets legal requirements regarding the offer of services.
5. You are solely responsible for storing data in accordance with the statutory requirements, in particular commercial and fiscal law.
6. Illegal services must not be offered. Our Terms and Conditions of Service and Community Standards apply.
7. The use of the Jimdo Bookings may involve the processing of your and/or your visitors’ personal data for contract initiation reasons. As the User, you may need to adapt your privacy policy accordingly. This does not apply if you also use the Legal Text Generator (LTG), since the relevant wording is amended automatically in this case by our partner, Trusted Shops.

I. Supplementary Terms for Jimdo Contact List

If you have selected Jimdo Contact List, the following Supplementary Conditions apply in addition to the ToS for the Jimdo Business Plans:

1. Jimdo Contact List allows you to capture customer data to a contact list as well as use, manage and export your customer data easily.
2. In addition, you can optionally obtain your customers' consent through your Jimdo website to receive newsletters by you. For this purpose, your customers will be shown a checkbox in (for example) the contact form which they can tick if they would like to be contacted by you for advertising purposes. You can view the consent status for receiving newsletters in your contact list.
3. No contractual or service relationship is established between us and your users or customers. We assume no responsibility for the provision of services to your customers or for the provision of the Jimdo Contact List or the services you offer through the Jimdo Contact List or for any statements or other actions by you or your customers via Jimdo Contact List.
4. As the operator of the Website, you are responsible for compliance with legal requirements when using the Jimdo Contact List. The same applies to the statutory requirements regarding the storage of data (in particular in accordance with commercial and tax law).
5. Your obligation to indemnify pursuant to Section 17 of the ToS for the Jimdo Business Plans, also includes claims, damages and costs incurred in connection with claims by Customers or third parties arising from or in connection with the use of the Jimdo Contact List (including the administration and usage of newsletter consents).
6. When using Jimdo Contact List, it might be the case that personal data of you and your visitors are processed. Therefore, as a User, you may have to make adjustments to your privacy policy. This does not apply if you use the Legal Text Manager (LTG), as in this case an automatic adjustment of your privacy policy made by your partner Trusted Shops.

J. Supplementary Terms for Jimdo Finance App

If the use of the Jimdo Finance App is agreed, the following Supplementary Terms, which set out the User Agreement between Jimdo and you for the use of the Jimdo Finance App, apply in addition to the Jimdo ToS for the Jimdo Business Plans:

1. Scope of Application

1.1 These Supplementary Terms for the use of the Jimdo Finance App apply to the use of the Jimdo Finance App and any related services ("Jimdo Finance App").

1.2 We offer the use of the Jimdo Finance App in cooperation with our partner bank, Solaris SE, Cuvrystraße 53, 10997 Berlin ("Solarisbank"). Jimdo Finance App is a mobile application through which you can use various services related to banking and payment services, including, but not limited to, mobile account management, transfers (incoming/outgoing), direct debits (incoming/outgoing), use of a debit card, and other additional options, each of which is described and bookable in the Jimdo Finance App and detailed in the List of Prices and Services ("Jimdo Services").

1.3 Jimdo does not provide any banking transactions or financial services within the meaning of the German Banking Act or payment services within the meaning of the German Payment Services Supervision Act as part of the Jimdo Services. Banking transactions, financial services and/or payment services that you may use in connection with the Jimdo Finance App are exclusively provided by Solarisbank ("Solarisbank Services") on the basis of a contract concluded between you and Solarisbank ("Solarisbank Contract"), which is governed by the terms and conditions separately agreed between you and Solarisbank ("Solarisbank Terms"). Solarisbank is a CRR credit institution supervised by the German Federal Financial Supervisory Authority ("BaFin") and the European Central Bank ("ECB") and has the necessary authorizations to conduct banking business and provide payment services.

2. Requirements for the Use of the Jimdo Finance App

In order to Use the Jimdo Finance App, you must:

• have created a Jimdo account;
• have agreed to our ToS for the Jimdo Business Plans and these Supplementary Terms for the Use of the Jimdo Finance App;
• have concluded a valid contract with us in accordance with the ToS for the Jimdo Business Plans;
• have a smartphone with Internet access and your smartphone meets the minimum requirements, which you can find listed here. We reserve the right to adjust the minimum requirements;
• have downloaded the Jimdo Finance App and successfully completed all the required steps for registration as prompted within the App;
• have entered into a valid Solarisbank Agreement with Solarisbank for the establishment and use of a checking account ("Checking Account") and the use of a debit card ("Debit Card") and the Solarisbank Agreement will remain in effect for the duration of the term of this Agreement between you and us. If the Solarisbank Agreement ends, for whatever reason, you will also no longer be able to use the Jimdo Services. This also applies if Solarisbank blocks your checking account, restricts its use, or closes the checking account;
• have successfully passed an identity check under money laundering law by means of the identification procedure (e.g. video identification) carried out by a third party service provider as part of the conclusion of the Solarisbank contract with Solarisbank. We will inform you immediately about the successful money laundering identity check;
• when concluding the contract with us, you acted exclusively in the exercise of your commercial or independent professional activities and are therefore an entrepreneur within the meaning of § 14 BGB (German Civil Code). At our request, you are obliged to provide us at any time and without delay with all information and documents free of charge that we require to verify your actions as an entrepreneur within the meaning of § 14 BGB. If you do not comply with this obligation, we may terminate the contract with you with immediate effect without notice. This right of termination is without prejudice to any other rights of termination we may have already agreed with you;
• have confirmed that you are not a U.S. citizen (including dual citizenship), a resident or permanent resident of the U.S. (or the U.S. Overseas Islands or the U.S. Virgin Islands), or that you will not be in the U.S. (or the U.S. Overseas Islands or the U.S. Virgin Islands) for more than 180 days in a year.

3. The Jimdo Services

3.1 Details of the Jimdo Services and the fees charged therefor are set forth in these Supplementary Terms for the Use of the Jimdo Finance App, the General Jimdo Terms and Conditions of Service agreed with you, and the applicable list of prices and services, which forms an integral part of these Supplementary Terms for the Use of the Jimdo Finance App.

3.2 Jimdo, as a technical service provider within the meaning of Section 2 (1) no. 9 of the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz), provides access to Solarisbank's systems via access points, integrations and interfaces (APIs) provided by Solarisbank for the use of Solarisbank Services.

3.3 Jimdo owes you solely the performance of the Jimdo Services set forth in the Agreement with you, these Supplementary Terms for the Use of the Jimdo Finance App and the Jimdo Services set forth in the then-current List of Prices and Services. Jimdo has no influence on the restriction or discontinuation of the Offer by Solarisbank, which is governed solely by the terms of the Solarisbank Agreement and the Solarisbank Terms and Conditions of Service. Jimdo is therefore not liable for any restrictions or discontinuation of the Solarisbank Services by Solarisbank.

4. Communication with the User

4.1 We generally communicate with you using the Jimdo Finance App and the email address and phone number you provide for the use thereof.

4.2 You are required to keep your personal information, such as name (by marriage), address, email address, phone number, etc., up to date. You can update this information at any time in the Jimdo Finance App. Please note that if you change your email address and phone number, we will need to verify them again.

4.3 All communication in connection with the use of the Jimdo Finance App is between you and us. This also applies to declarations and communications concerning your contractual relationship with Solarisbank. In this respect, we are authorized by Solarisbank to act as its messenger for declarations and notifications. This also applies to the termination of your current account and your debit card. We will forward your declarations and notifications to Solarisbank or, conversely, Solarisbank will forward declarations and notifications to you, via Jimdo.

5. Duties and obligations of the User

5.1 You undertake to keep your login credentials (Login Data) (in particular Username and password) to the Jimdo Finance app secret and, in particular, not to make them accessible to third parties or allow third parties to access them. You also agree to take measures to ensure confidentiality by using a secure password consisting of numbers, letters, and special characters and by changing your password regularly.

5.2 If you discover the loss or theft of your login data or Debit Card, misuse or other unauthorized use of your Login Data, Checking Account or Debit Card, you must notify us immediately. This also applies if you merely suspect that someone has unauthorized possession or knowledge of your Login Data or debit card or is using your Login Data. You must also report any theft or misuse to the police immediately.

5.3 You may not engage in any attacks on the functionality of the Jimdo Finance App, such as mass emailing (spam), hacking attempts, brute force attacks, the use or sending of spyware, viruses and worms.

5.4 Please make sure that you issue any type of request or action in a clear and unambiguous manner. Incomprehensible requests can lead to further investigation etc. that may delay the processing of your requests. Pay particular attention to the completeness and accuracy of your requests, especially when e.g. issuing payment orders.

6. Fees

6.1 The amount of the fees for the use of the Jimdo Finance App and the Jimdo Services are set forth in the applicable List of Prices and Services. You agree to pay the fees owed and due under the List of Prices and Services or any other fees agreed between us when due.

6.2 The amounts listed in the List of Prices and Services are gross charges.

7. Data Protection

We protect data processed via the Jimdo Finance App via appropriate and state of the art technical and organizational measures in accordance with Article 32 GDPR and collect, use and process such data in accordance with the applicable data protection regulations. Further details regarding the data processing via the Jimdo Finance App, as well as your rights in that regard, can be found in the Jimdo Finance App Privacy Policy.

8. Contract runtime and cancellation

8.1 The term for use of the Jimdo Finance App under these Supplementary Terms is concluded for an indefinite period.

8.2 You may delete the Jimdo Finance App at any time and terminate your bank account with Solarisbank and this Jimdo Finance App User Agreement at any time. This termination does not affect the validity of the rest of the contract with us.

8.3 Your Jimdo account will not be deleted until you have canceled the Jimdo Business Plans as a whole. Details on how to terminate the contract can be found in the ToS for Jimdo Business Plans.

8.4 We may terminate the User Agreement with you providing a 2 (two) months notice period, either in writing or via email.

8.5 Furthermore, this User Agreement may be terminated by either party for cause without notice and without affecting the Jimdo Business Plans Agreement. Good cause entitling us to terminate the contract exists if we cannot reasonably be expected to continue the service, even taking into account your legitimate concerns. Good cause shall be deemed to exist in particular in the event of a breach of the obligations described in clause 5 as well as in the event of a complete termination of the Solarisbank contract concluded between you and Solarisbank. If the good cause consists of a breach of a contractual obligation by you, the termination is only permissible after the unsuccessful expiry of a reasonable period set for remedy or after an unsuccessful warning, unless this is dispensable due to the particularities of the individual case.

8.6 The termination rights in this Section 8 shall not affect any termination rights we may have agreed with you in the contract entered into between us.

K. Supplementary Terms for Personal Services

If you book and make use of a Jimdo Founders Coaching as part of the Personal Services, the following Supplementary Terms and conditions shall apply in addition to the Terms and Conditions for the Jimdo Business Plans:

1. As part of the Jimdo Business Plans, you can book a Founders Coaching via your dashboard in your Jimdo account, depending on the specific plan. The Founders Coaching is provided by professional founders coaches with whom Jimdo has concluded a cooperation agreement. During a Founders Coaching, you can ask any questions you have about the following topics: 

• Steps to start a business
• Start-up formalities, including business registration, tax registration with the tax office, health insurance, etc.
• Business model
• Business plan
• Subsidies / financing
• Marketing / customer acquisition
• Accounting
• Other tips, ideas & best practices for setting up a business

Founders Coaching does not include legal services or tax advice. 

2. When you book Founders Coaching in your dashboard in your Jimdo account, you can be directed to a questionnaire which will then be shared with the Founders Coach so that they can prepare individually for your questions and your specific situation. 

3. The Founders Coaching is provided by independent Founders Coaches. There is no entitlement to be assigned a specific Founders Coach. Jimdo will assign you a suitable Founders Coach according to availability. The Founders Coach will contact you and organise an appointment with you for the Founders Coaching. Founders Coaching can be carried out by means of a video call using the provider Google Ireland Ltd. ("Google Meet") or Zoom Video Communications, Inc. based in the USA.

4. Following the Founders Coaching included in the Business Plan, the Founders Coach may send you an offer for further consultation if you are interested in this. Such a contract, if you accept it, will be concluded solely between you and the Founders Coach. This further consultation by the Founders Coach is not provided by Jimdo (unless it is expressly part of your Jimdo Business Plan) and Jimdo has no influence on the content and any costs incurred and accepts no liability in this respect.

5.If you are unable to attend an agreed Founders Coaching appointment, you are obliged to give the Founders Coach at least 24 hours' notice. You can then arrange a new appointment. If you do not cancel your appointment, you will forfeit your contractual right to a Founders Coaching. 

6. Jimdo assumes no liability for the performance of the Founders Coaching by the respective Founders Coach. In all other respects, the indemnification and liability provisions set out in Sections 16 and 17 of the ToS for Jimdo Business Plans shall apply.

7. If you are provided with documents by Jimdo or the Founders Coach as part of the Founders Coaching or subsequently, these documents are the sole property of Jimdo or the Founders Coach. You are granted a limited right of use for your own use and may download and print this information accordingly. You may not market these documents for commercial or non-commercial purposes or make them available to third parties or otherwise publish them or apply for property rights in them unless Jimdo or the Founders Coach has expressly permitted this at least in text form (email is sufficient).

If you would like to book other Personal Services in addition to the Jimdo Founders Coaching in order to receive information or support on topics selected by us, the following terms apply: 

1. As part of selected Jimdo Business Plans, Jimdo offers certain services, e.g. a personal introduction to the purchased product portfolio or information sessions on optimal website design (the "Personal Services"). The Personal Services you can book depend on which Jimdo Business Plan you subscribed to and can be adjusted and/or extended by Jimdo at any time and for any reason. You can book the Personal Services offered to you in your Jimdo Account dashboard.

2. There is no entitlement to the assignment of a specific Jimdo Expert.

3. The Personal Services can be carried out by means of a video call using the provider Google Ireland Ltd ("Google Meet") or Zoom Video Communications, Inc. based in the USA.

4. If you are unable to attend a scheduled meeting, you are required to notify the Jimdo Expert at least 24 hours in advance. You can then make a new appointment. If you do not cancel your appointment, you will forfeit your contractual right to the performance of the appointment.

5. Jimdo does not guarantee the performance and content of the Personal Services. With regard to the exclusion of liability for the performance and content of the Personal Services, Sections 16 and 17 of the ToS for Jimdo Business Plans shall apply.

6. The number, topics and frequency of the Personal Services offered depend on the specific Jimdo Business Plan you subscribed to.

7. If Jimdo provides you with documents or other information materials, such as videos or checklists, as part of or following an appointment, these are the sole property of Jimdo. You are granted a limited right of use for your own use and may download or print this information accordingly. You may not market these documents for commercial or non-commercial purposes or make them available to third parties or otherwise publish them or register intellectual property rights in them, unless Jimdo has expressly permitted this at least in text form (e-mail is sufficient).

8. Jimdo's services do not include legal, tax or financial advice.

Business Plans free trial version

The free trial version, during which you can try out our Jimdo Business Plans, starts when you create your Jimdo account. The same applies if you're already a Jimdo customer and want to try the Jimdo Business Plans for free - free trial starts when clicking on the link to activate it. During the free trial period, you can test the full range of Jimdo Business Plans. Please note that the free trial version, as well as the Jimdo Business Plans as a whole, can only be used for business purposes. Consumers are explicitly excluded from subscribing and using it.

If you no longer wish to use the Jimdo Business Plans after the end of the free trial version, you don't have to do anything - your access to Jimdo's services will then be automatically frozen and you won't incur any costs. Please note, however, that this also means that your website will no longer be publicly available on the Internet after the free trial expires.

If you want to continue using the Jimdo Business Plans after the free trial expires, you can do so at any time simply by subscribing via a link in your dashboard. You'll then be redirected to our checkout process, where you'll need to select a package and contract term, and complete your contact details. Your content and services will then be unlocked.

We will store your content for a maximum of seven days after the free trial version expires. If you haven't purchased a paid Business Plan by then, Jimdo will irrevocably delete this data unless contractual or legal retention obligations require us to store it further.

You can only activate the free trial version for the Jimdo Business Plans once and may not book it again with your existing Jimdo account unless it is explicitly accepted by Jimdo. No discounts or other rebates can be used for the free trial version.

Our Terms of Service for the Jimdo Business Plans and the Jimdo Privacy Policy apply.

Version

February 2023