StreamMeet

The German version of these terms is binding; this English version is provided for convenience.

General Terms and Conditions for the Use of StreamMeet

for business customers and private customers

Provider: Webvines / Christian Schmid, Hofgartenstraße 28a, 86551 Aichach, Deutschland, email: support@session.webvines.de (the “Provider”)

§ 1 Scope, contract documents and order of precedence

  1. These General Terms and Conditions (“Terms”) apply to all contracts for the use of the video platform StreamMeet between the Provider and its customers (“Customer”).
  2. The Provider concludes contracts for StreamMeet with business customers — businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law — and with private customers, that is consumers within the meaning of Section 13 BGB. When ordering, the Customer states in which capacity it orders. The Provider may request evidence of this, such as the VAT identification number or an extract from a commercial register. The Provider currently serves private customers resident in a member state of the European Union only.
  3. Provisions of these Terms that apply to one group only are expressly marked as “business customers only” or “private customers only”. All other provisions apply to both groups. Mandatory consumer protection provisions remain unaffected in any case.
  4. Business customers only: The Customer's general terms and conditions do not apply, even if the Provider does not expressly object to them or performs in the knowledge of such terms. This also applies to terms in purchase orders, invoices or other documents of the Customer.
  5. The contract for the use of StreamMeet (the “Contract”, referred to as the “Main Contract” in the data processing agreement) consists of
    • the Customer's order as accepted by the Provider, with plan and billing period (“Order Summary”),
    • for business customers, the data processing agreement under Art. 28 GDPR with its annexes (“DPA”),
    • for private customers, the withdrawal instructions with the model withdrawal form,
    • the description of the chosen plan as available in the customer center when the Contract is concluded (“Plan Description”), and
    • these Terms.
  6. In the event of conflicts, the following order of precedence applies: in matters of data protection, the DPA takes precedence over all other contract documents (DPA § 1(4)). Otherwise, the Order Summary takes precedence over the Plan Description, and both take precedence over these Terms. In the DPA, the Provider is referred to as the “Processor” and the Customer as the “Controller”.

§ 2 Definitions

§ 3 Conclusion of the Contract

  1. The presentation of the plans on the Provider's websites and in the customer center is not a binding offer.
  2. To order, the Customer creates an account in the customer center, chooses a plan and billing period and enters its contract details: business customers the company name with legal form, address, authorised representative, data protection contact and, where available, the VAT identification number; private customers their first and last name, address and country (the email address is the one of the account). Business customers agree to these Terms and the DPA; private customers agree to these Terms and take note of the withdrawal instructions. Before submitting, the customer center shows — directly above the order button — a summary with the main characteristics of the service, the total price including taxes, the term and the cancellation conditions; there the Customer can check all details and correct input errors. The button by which the order is placed is labelled “zahlungspflichtig bestellen” (“order with obligation to pay”). By submitting, the Customer makes a binding offer to conclude the Contract. The Customer is bound by this offer for 14 days.
  3. The Provider confirms receipt of the order by email without undue delay. The confirmation of receipt is not yet an acceptance.
  4. The Provider reviews the order, in particular the details on the type of customer and the contract details, and may reject it without giving reasons. It accepts the offer by approving the order, which it communicates to the Customer by email and in the customer center. The Customer can only pay after the approval. The Contract is concluded as soon as the order has been approved and the first payment under § 8 has been successfully made (“Conclusion of the Contract”). The Provider confirms the Conclusion of the Contract by email and activates access.
  5. If the first payment is not made within 14 days of the approval, no contract is concluded. If the Customer has nevertheless paid without a contract having been concluded, the Provider refunds the amount paid without undue delay via the payment service provider.
  6. Business customers only: The DPA is concluded together with the Contract in electronic form (Art. 28(9) GDPR); no signature is required.
  7. The language of the Contract is German. The Provider also provides these Terms and the DPA with its annexes in English; the German version is binding (§ 17(6)). The Provider stores the text of the Contract, i.e. the Order Summary and the versions of the Terms, the DPA and the Plan Description valid at the Conclusion of the Contract. The Customer can retrieve and save these Terms at any time on the Provider's website and in the customer center before ordering, and can retrieve the text of the Contract in the customer center after the Conclusion of the Contract. Private customers only: The Provider sends the private customer the confirmation of the Contract with its content, these Terms and the withdrawal instructions on a durable medium by email, at the latest before it begins performing (Section 312f(2) BGB).

§ 3a Free trial

  1. The Provider may offer new customers a free trial. There is no entitlement to it; there is at most one trial per customer. The Customer requests it in the customer center: it enters its contract details (§ 3(2)) and agrees to these Terms and the DPA, without choosing a plan and without providing a means of payment. By submitting, it makes an offer to conclude a contract for the trial. The request with the trial plan described there takes the place of the Order Summary.
  2. The Provider confirms receipt of the request by email, reviews it like an order (§ 3(4)) and may reject it without giving reasons. It accepts it by approving it, which it communicates to the Customer by email and in the customer center. With the approval, a contract for the trial free of charge is concluded and the Provider activates access; the DPA is concluded at the same time (§ 3(6)).
  3. The trial lasts the number of days stated with the request, counted from the approval, and ends by itself at the end of the last day (German time), without any notice of termination being required. The Provider reminds the Customer of the end by email beforehand. Either party may end the trial earlier at any time in text form.
  4. The limits and features of the trial plan as described in the customer center at the time of the request apply to the trial. No fee is charged and no payment obligation arises, not even when the trial ends; § 8, § 9 and § 10(1) to (3) and (6) do not apply to the trial.
  5. If the Customer orders a plan during or after the trial, § 3 applies. With the Conclusion of the Contract under § 3(4), a trial that is still running ends and access continues in the ordered plan without interruption.
  6. If the trial ends without a contract under § 3 having been concluded, § 11 and, for the data of the Participants, § 10 of the DPA apply, with the end of the trial counting as the end of the contract.

§ 3b Right of withdrawal (private customers only)

  1. Private customers have a statutory right of withdrawal: they may withdraw from the Contract within 14 days from the day of the Conclusion of the Contract without giving any reason. The details and the model withdrawal form are set out in the withdrawal instructions, which the Provider shows before the order, sends with the confirmation of the Contract on a durable medium and keeps available on its website.
  2. The withdrawal can be declared with an unequivocal statement, for example by email or letter. In addition, the button “Vertrag widerrufen” (“Withdraw from contract”) is available in the customer center throughout the withdrawal period (https://streammeet.de/kunden/widerruf); after the button “Widerruf bestätigen” (“Confirm withdrawal”) has been activated, the Provider sends an acknowledgement of receipt on a durable medium without undue delay, including the content of the declaration and the date and time of its receipt (Section 356a BGB).
  3. So that access can be used immediately after payment, the private customer expressly requests when ordering that the Provider begin performance before the end of the withdrawal period, and confirms its knowledge that its right of withdrawal expires once the Contract has been fully performed. If it withdraws afterwards, it owes a proportionate amount for the service provided until the withdrawal; this is calculated on the basis of the agreed total price and the time that has passed (Section 357a(2) BGB). The Provider refunds the rest of the payment without undue delay, at the latest within 14 days of receipt of the withdrawal, using the same means of payment.
  4. There is no right of withdrawal for the free trial (§ 3a): it does not oblige the Customer to pay a price, and the Provider processes the personal data provided solely in order to perform its obligations and to meet legal requirements (Section 312(1a) sentence 2 BGB). If the private customer orders a plan after the trial, the right of withdrawal under para. 1 applies to that order.

§ 4 Services of the Provider

  1. The Provider makes the Platform available to the Customer for use via the internet for the term of the Contract. The Customer uses it to hold online meetings, such as consultations, group sessions, training sessions and webinars. Participants join via a personal link from the booking system without an account of their own. The Platform includes in particular a lobby with camera and microphone test, meetings with video, audio and screen sharing, chat, raised hands and reactions, moderation functions (mute, stage, remove), an interface in German and English and the API, including the deletion of data.
  2. Limits and features are determined by the Plan Description, in particular the number of participants per meeting, the number of meetings running at the same time, the maximum duration of a meeting, the white label and recording features and the retention periods for meeting data and recordings. The Platform enforces the limits technically; a meeting that reaches the maximum duration ends after prior notice to the participants. The Provider does not owe services beyond the limits of the Plan.
  3. For the term of the Contract, the Provider grants the Customer the simple (non-exclusive), non-transferable and non-sublicensable right to use the Platform within the booked Plan for its own business purposes and to enable participants to take part in its meetings. No software is provided to the Customer. All rights in the Platform, its documentation and the Provider's trademarks and other signs remain with the Provider or its licensors.
  4. If the Plan includes the white label feature, the Customer itself sets the name, logos and accent colour under which the Platform appears to participants via the API. Even then, the legal texts for the Platform name the Provider as the operator.
  5. The recording function is currently not provided. Recordings are only owed if the Provider provides the function and the Plan Description shows it as available. Before providing it, the Provider informs the Customer under DPA § 5 about the sub-processors used for it. Thereafter, a meeting is only recorded if the Customer allows recording for the meeting and a host starts it after an announcement to everyone; the Customer retrieves recordings via its booking system.
  6. Functions marked as planned, intended or as a preview are not owed. If the Provider makes a preview function available, it may change or discontinue it at any time.
  7. The Provider operates the Platform exclusively in data centres in the European Union or the European Economic Area, itself and with the sub-processors listed in Annex 3 of the DPA. The interface for participants does not load any content from third-party servers; the Provider does not use analytics or tracking services there.
  8. The Customer connects its booking system to the API via a plugin or its own implementation in accordance with the technical documentation. The booking system is not a service of the Provider. A plugin is subject to its own licence and usage terms unless the Plan Description provides otherwise.
  9. The Provider makes the Platform available at the transfer point, the internet connection of the data centre. It is not responsible for the data connection up to the transfer point, for devices, browsers and networks of the participants or for the booking system. Participation requires a current browser supported by the Platform, a sufficient internet connection and, for sending, a camera or microphone; the supported browsers are listed in the technical documentation. Networks that restrict connections (e.g. corporate firewalls) may prevent participation; for this, the Platform offers an encrypted connection via the standard port for web connections.
  10. During the term of the Contract, the Provider provides the updates that are necessary to keep the Platform in conformity with the Contract, including security updates, and informs the Customer about them where this matters to it. For private customers, Section 327f BGB applies; the relevant period is the entire term of the Contract. As the Platform runs in the browser, the Customer does not have to install anything itself.
  11. The Provider develops the Platform further. It may change it insofar as the functions and limits promised in the Plan Description are retained or replaced by equivalent ones and the change is reasonable for the Customer. If it discontinues an essential function or changes the API in such a way that existing integrations no longer work, it announces this in text form at least twelve months in advance; it then makes changes to the API in a new major version, and the previous version remains usable until the announced date. This does not apply to changes that are required earlier to avert an acute security threat or for legal reasons; the Provider announces these as early as possible.
  12. Private customers only: The Provider makes changes to the Platform that go beyond what is necessary to keep it in conformity with the Contract only for a valid reason — such as adapting it to a new technical environment, to a growing number of users, to changed legal requirements or to avert security threats —, only if this does not cause the private customer any additional costs and only if the private customer is informed about it in a clear and comprehensible manner. If a change impairs access to or the usability of the Platform more than only insignificantly, the Provider informs the private customer about it on a durable medium within a reasonable period before the change; the private customer may then terminate the Contract free of charge within 30 days (Section 327r BGB). Fees already paid in advance for the time after the termination are refunded pro rata.
  13. The Provider accepts questions and fault reports by email to support@session.webvines.de and handles them on working days (Monday to Friday, excluding public holidays applicable throughout Germany) between 9 am and 5 pm German time. No fixed response or resolution times are agreed. The Customer answers enquiries from participants; the Provider supports it in doing so. Support is included in the fees.
  14. The Platform is not an archive. Meeting data and recordings are deleted automatically according to the periods of the Plan (for business customers, DPA Annex 1 No. 5). The Customer's booking system remains authoritative for appointments and persons.
  15. The Platform is not intended for emergency calls or for uses in which a failure or disruption could endanger life, body or health. It is not a medical device. The Customer itself checks whether the Platform is approved or suitable for a particular professional use that is subject to special requirements (such as video consultations in healthcare).

§ 5 Availability and maintenance

  1. The Provider aims for an availability of the Platform at the transfer point of 99% per calendar month. Announced maintenance under para. 3 of up to a total of eight hours per calendar month and disruptions under para. 4 are not counted.
  2. The availability target is neither an agreed quality nor a guarantee. It does not entail service credits, lump-sum compensation or contractual penalties. The Customer's statutory rights in the event of defects (§ 12) remain unaffected.
  3. The Provider schedules planned maintenance that is expected to interrupt operation, where possible, between midnight and 6 am German time and not during running meetings, insofar as these are recognisable to it. It announces such maintenance at least three working days in advance by email or in the customer center. It may carry out urgent security updates and measures against acute threats without notice and at other times; in doing so, it keeps interruptions as short as possible.
  4. The Provider is not responsible for disruptions outside its sphere of influence, in particular on the internet beyond the transfer point, on devices and in networks of the participants or in the booking system, as well as force majeure (§ 17(4)), attacks by third parties (e.g. denial-of-service attacks) that cannot be averted despite reasonable protective measures, and official orders.
  5. If the Customer plans meetings that largely exhaust the limits of its Plan, it should inform the Provider, where possible, five working days in advance so that the Provider can check the capacity.

§ 6 Obligations of the Customer and rules of use

  1. Business customers only: The Customer is the controller within the meaning of the GDPR for the processing of the participants' data and fulfils the obligations under DPA § 12. In particular, it informs the participants in accordance with Art. 13 and 14 GDPR, obtains any necessary consents, gives timely notice of a possible recording and checks whether a data protection impact assessment or the involvement of employee representatives is required. For this purpose, the Provider provides a text module for the privacy policy and suggested texts for consents and notices. These do not replace legal advice; the Customer checks them for its use and is responsible for its own legal texts. 1a. Private customers only: The private customer uses the Platform for personal or household purposes and not for a trade, business or profession. It tells the people it invites to a meeting that the meeting runs on the Provider's platform and obtains any necessary consents, in particular before a recording. No data processing agreement is concluded with private customers; the Provider processes the participants' data in such cases on its own responsibility, as described in its privacy policy.
  2. The Customer uses the Platform only in accordance with applicable law and this Contract. The Customer and the persons who host meetings for it do not transmit or disseminate any unlawful content via the Platform, in particular no content that is criminal, harmful to minors, insulting or discriminatory, no content that infringes the rights of third parties (e.g. copyright, trademark or personality rights) and no malware. The Customer uses the moderation functions to stop recognisable violations by participants and ensures that the persons to whom it grants access comply with these rules.
  3. The Customer must not
    • circumvent or attempt to circumvent technical limits and access and protection mechanisms of the Platform,
    • subject the Platform to load, security or penetration tests without the Provider's prior consent in text form,
    • use the Platform in a way that impairs its operation or other customers, for example through automated mass requests,
    • decompile, reverse engineer or replicate the Platform, unless this is mandatorily permitted under Sections 69d and 69e of the German Copyright Act (UrhG),
    • use the Platform or make it accessible in breach of export control and sanctions regulations of the European Union or the Federal Republic of Germany, and
    • allow third parties to use the access independently, rent it out or resell it, unless the Provider has consented in text form. Meetings that the Customer holds for its own customers are permitted.
  4. The Customer keeps its Credentials secret, protects them in accordance with the state of the art and only passes them on to persons who need them for the use. It ensures that the booking system only issues personal join links to the respective authorised person. If there is a suspicion that unauthorised persons know Credentials, the Customer blocks or renews them without undue delay or has the Provider do so, and informs the Provider. The Customer is responsible for actions taken with its Credentials insofar as it is responsible for the misuse.
  5. For white label, the Customer only uses names, logos, colours and other signs to which it holds the necessary rights. For the term of the Contract, it grants the Provider the simple, free right to display them on the Platform for the Customer's meetings and to store and technically process them for this purpose (e.g. convert and resize them). Its privacy notices name the Provider as the operator of the Platform, even if the Platform appears under the Customer's brand.
  6. The Customer sets up and operates its booking system in accordance with the technical documentation. It forms the identifiers of persons and meetings pseudonymously and does not transmit email addresses (DPA § 12(2)). It keeps its contract details in the customer center up to date, in particular the data protection contact to which the Provider sends notifications under DPA § 9.
  7. The Customer retrieves recordings it wishes to keep before the retention period expires.
  8. The Customer indemnifies the Provider against claims asserted by third parties against the Provider due to a breach of paras. 2, 3 or 5 for which the Customer is responsible, including the reasonable costs of legal defence. The Provider informs the Customer of such claims without undue delay, gives it the opportunity to comment and does not acknowledge them without the Customer's consent.

§ 7 Suspension

  1. The Provider may temporarily suspend the Customer's access in whole or in part if
    • the Customer is in default with a payment after completion of the dunning process under § 8(6),
    • there are concrete indications that unlawful content is being disseminated via the Customer's access or that the Customer is seriously violating § 6(2) to (4), or
    • use via the Customer's access endangers the security or operation of the Platform or data of other customers, for example in the case of misused Credentials.
  2. In the cases of para. 1, second bullet point, the Provider asks the Customer in text form before the suspension to stop the violation within 24 hours, unless immediate action is required to avert significant dangers or to fulfil legal obligations.
  3. The Provider chooses the mildest suitable measure, such as blocking individual Credentials, and takes the Customer's legitimate interests into account. It informs the Customer in text form, stating the reason, in advance where possible, otherwise without undue delay afterwards, and lifts the suspension as soon as the reason no longer applies.
  4. If access is suspended entirely, no meetings can be started and no participants can join. Deletion requests via the API always remain possible. If the Customer is responsible for the suspension, it remains obliged to pay the fees.

§ 8 Fees, payment, invoices and taxes

  1. The fees are determined by the Plan and billing period according to the Order Summary. For business customers, all prices are net prices plus statutory VAT, where applicable. For private customers, the prices stated are total prices including statutory VAT; no further costs are charged.
  2. The fees for each billing period are due in advance at its beginning.
  3. Payment is processed via a payment service provider, currently Stripe. The Customer deposits a payment method offered there (e.g. credit card or SEPA direct debit) and authorises the Provider to collect the amounts due via it at the beginning of each billing period until the end of the Contract. Payment data is collected by the payment service provider; the Provider does not store complete card or account numbers. If the Customer agrees to terms of the payment service provider when paying (e.g. a SEPA direct debit mandate), these apply in addition.
  4. If the Provider offers payment by bank transfer, the invoice amount is to be paid without deduction within 14 days of receipt of the invoice.
  5. The Provider makes invoices available electronically via the payment service provider, by email and in the customer center. The Customer agrees to the electronic transmission of invoices. If the law prescribes a structured electronic invoice format, the Provider issues the invoice in this format.
  6. If a collection fails, the Provider or the payment service provider notifies the Customer by email and retries the collection several times within 14 days (“dunning process”); during this time, the Customer can change its payment method in the customer center. The notification points out the impending suspension. If the amount has not been paid after completion of the dunning process, the Provider may suspend access under § 7; it lifts the suspension without undue delay after receipt of payment. The costs of a chargeback or reversed direct debit for which the Customer is responsible are borne by the Customer. The statutory rights in the event of default in payment, in particular default interest and the default lump sum (Section 288 BGB), and the right of termination under § 10(4) remain unaffected.
  7. The Customer may only set off claims that are undisputed or have been finally established by a court; this does not apply to counterclaims for defects under this Contract. The Customer may only assert a right of retention on the basis of claims under this Contract.
  8. The Customer can switch to a higher-value Plan in the customer center; the switch takes effect immediately, and the difference for the current billing period is charged pro rata. A switch to a lower-value Plan or from annual to monthly billing takes effect at the end of the current billing period. With the switch, the limits, features and retention periods of the new Plan apply; shorter retention periods may result in existing data being deleted earlier (DPA Annex 1 No. 5).
  9. The Provider determines VAT on the basis of the Customer's details, in particular its billing address and VAT identification number. If a business customer owes the tax under the reverse charge procedure, it proves its business status by means of a valid VAT identification number and pays the tax itself. If such proof is missing or the number is invalid, the Provider may charge statutory VAT. For private customers, the Provider shows VAT in accordance with the statutory provisions; if the applicable rate changes, the total price changes accordingly without increasing the Provider's fee. The Customer notifies changes to these details in the customer center without undue delay.

§ 9 Price changes

  1. The Provider may change prices with effect from the beginning of a billing period. It announces a price increase in text form at least 30 days before it takes effect, stating the new price, the date and the right of termination under para. 2. It takes effect at the earliest with the first billing period that begins after this period has expired.
  2. The Customer may terminate the Contract with effect from the date on which the price increase takes effect, up until that date, including in the customer center. If the Customer does not terminate, the new price applies from the announced date.
  3. Price reductions apply from the announced date without further ado. If the statutory VAT rate changes, the gross amount changes accordingly; paras. 1 and 2 do not apply to this.
  4. Private customers only: Paras. 1 and 2 do not apply. The Provider changes prices for private customers only with their consent; the procedure of § 16 applies (notice at least 30 days in advance, consent in the customer center). If the private customer does not consent, the previous price continues to apply; the Provider may then terminate the Contract under § 10(3).

§ 10 Term and termination

  1. The Contract begins with the Conclusion of the Contract (§ 3(4)) and initially runs for one billing period (one month or one year). It is extended by a further billing period of the same length in each case unless it is terminated with effect from the end of the current billing period. 1a. Private customers only: The initial term is at most one year. After it has expired, the Contract continues for an indefinite period; the private customer may then terminate it at any time with one month's notice (Section 309 No. 9 BGB). If the Contract thereby ends before the end of a billing period paid for in advance, the Provider refunds the fees for the remaining time pro rata.
  2. The Customer may terminate the Contract at any time with effect from the end of the current billing period, in the customer center or in text form; private customers in addition under para. 1a. The termination must reach the Provider no later than on the last day of the billing period. The Provider confirms it in text form. The fees for the current billing period are not refunded unless these Terms provide otherwise. 2a. The Customer may also use the Provider's cancellation page at any time, which is reachable without logging in: https://streammeet.de/kuendigen (“Verträge hier kündigen” — “cancel contracts here”, Section 312k BGB). The Provider confirms receipt of the cancellation in text form immediately.
  3. The Provider may terminate the Contract in text form with three months' notice to the end of a billing period.
  4. The right of both parties to terminate for good cause remains unaffected. Good cause exists for the Provider in particular if the Customer
    • is in default with the fees for two consecutive billing periods or with an amount equal to the fees for two months,
    • seriously violates § 6(2) to (4) despite a warning in text form, or a violation is so serious that a warning is not required, or
    • gave incorrect details when ordering about being a business customer or a private customer.
  5. The termination rights of both parties under DPA § 5(3) (objection to a new sub-processor) remain unaffected and apply to this Contract.
  6. If the Contract ends before the end of a billing period paid in advance for a reason for which the Customer is not responsible, in particular under para. 5, § 9(2), § 12(5), by termination by the Customer for good cause or under § 17(3), the Provider refunds the fees for the remaining time pro rata. If only part of the services is terminated under DPA § 5(3), the fees are reduced appropriately.
  7. Terminations must be made in text form; termination via the customer center or via the cancellation page under para. 2a is sufficient.

§ 11 End of the Contract

  1. As of the end of the Contract, no more meetings can be started and no more participants can join. After that, the API is only available for deletion requests and for retrieving recordings under para. 2.
  2. For business customers, DPA § 10 applies to the participants' data; for private customers, the Provider deletes the participants' data within the same periods: the Customer can retrieve recordings via its booking system for up to 14 days after the end of the Contract; after that, the data is deleted, completely no later than 30 days after the end of the Contract. Within the same period, the Provider deletes the Customer's branding data (name, logos, colour) and the Credentials for the API.
  3. The Provider retains contract and billing data insofar as statutory retention obligations exist. The Customer can retrieve invoices and contract documents in the customer center as long as its account exists; details and periods are set out in the Provider's privacy policy.

§ 12 Defects and third-party rights

  1. The Provider maintains the Platform in a condition suitable for use in accordance with the Contract during the term of the Contract. It remedies defects within a reasonable period after they have been reported to it or it has discovered them itself. It may temporarily remedy a defect by means of a workaround if this does not impair use more than insignificantly.
  2. The Customer reports defects in text form without undue delay after their discovery with a comprehensible description, where possible with the time, the affected meeting, the error message or error code and the browser used.
  3. Impairments based on circumstances under § 5(4), on use contrary to the technical documentation or this Contract, on the booking system or on devices, browsers or networks of the participants are not defects.
  4. Otherwise, the statutory provisions apply to defects; § 13 applies to damages. For private customers, Sections 327 et seq. BGB on contracts for digital products apply; paras. 2 and 3 do not restrict the private customer's statutory rights, and no period for reporting defects applies to it.
  5. If a third party claims that the use of the Platform in accordance with the Contract infringes its rights, the Customer informs the Provider in text form without undue delay and, where legally possible, leaves the defence against the claims to the Provider. The Provider defends against the claims at its own expense and, at its option, either modifies or replaces the Platform so that rights are no longer infringed and the agreed functions are essentially retained, or obtains the necessary authorisation. If neither is possible on reasonable terms, either party may terminate the Contract for good cause in whole or with regard to the affected services. § 13 applies to damages. This does not apply insofar as the infringement is based on the Customer's content or signs or on use contrary to this Contract.

§ 13 Liability

  1. The Provider has unlimited liability
    • in the event of intent and gross negligence,
    • for damage resulting from injury to life, body or health,
    • under the German Product Liability Act and
    • insofar as it has assumed a guarantee or fraudulently concealed a defect.
  2. In the event of simple negligence, the Provider is otherwise only liable for the breach of material contractual obligations. Material contractual obligations are obligations whose fulfilment makes the proper performance of the Contract possible in the first place and on whose compliance the Customer may regularly rely. In this case, liability is limited to the damage that was foreseeable and typical for the contract at the time the Contract was concluded.
  3. Business customers only: In the cases of para. 2, liability is also limited per damaging event to the higher of the following amounts: the fees that the Customer paid or had to pay for the twelve months before the damaging event, or EUR 5,000. This cap does not apply to private customers.
  4. Business customers only: The Provider's strict liability for defects that already existed at the time the Contract was concluded (Section 536a(1), first alternative, BGB) is excluded.
  5. Liability towards data subjects under Art. 82 GDPR remains unaffected. Between the parties, paras. 1 to 4 also apply to claims in connection with the processing on behalf (DPA § 13), insofar as mandatory law does not preclude this.
  6. Paras. 1 to 5 also apply to the personal liability of the Provider's legal representatives, employees and vicarious agents.
  7. These provisions do not change the burden of proof to the detriment of the Customer.

§ 14 Data protection, content and confidentiality

  1. Business customers only: The Provider processes personal data of participants only on behalf of the Customer in accordance with the DPA. The DPA applies for the term of this Contract and ends with it (DPA § 1(3)). 1a. Private customers only: If the private customer uses the Platform exclusively for personal or household activities, its own use is not subject to the General Data Protection Regulation under Art. 2(2)(c) GDPR; no data processing agreement is therefore concluded. The Provider processes the data of the participants of such meetings as a controller, solely in order to run the meeting technically, and describes this in its privacy policy.
  2. The Provider processes the data of the Customer and its contact persons required for the account, contract, billing and communication as a controller in its own right. Details are set out in its privacy policy, which is available on its website and in the customer center. The payment service provider only receives the Customer's data required for payment, no participant data.
  3. Content remains the responsibility and, insofar as rights exist in it, the property of the Customer or of the persons from whom it originates. The Provider uses Content only to provide the Platform and to perform this Contract. It does not use it for its own purposes, in particular not for advertising, profiling or training artificial intelligence models, and does not pass it on to third parties unless the DPA provides otherwise.
  4. The Provider may use technical metrics without personal reference, such as the number of simultaneous meetings and participants, the load and error rates, for the operation, security, capacity planning and further development of the Platform, also after the end of the Contract.
  5. The Provider may use the Customer's suggestions and ideas regarding the Platform free of charge, without time limit and without naming the Customer. There is no obligation to implement them.
  6. Both parties treat non-public information of the other party that becomes known to them in the context of the Contract as confidential, in particular Credentials, security measures and technical and business information. They use it only for this Contract, protect it at least as carefully as their own comparable information and only pass it on to persons who need it for this purpose and are bound to confidentiality. This does not apply to information that is or becomes publicly known without breach of this obligation, that was already lawfully known to the receiving party, that it has developed independently or that it must disclose due to a legal or official obligation; in the latter case, it informs the other party in advance insofar as this is legally permissible. The obligation continues after the end of the Contract.

§ 15 Notices

  1. Declarations and notices under this Contract must be made in text form (e.g. email), unless otherwise provided.
  2. The Provider sends notices to the Customer's email address stored in the customer center, and notices concerning data protection to its data protection contact; it may also display them in the customer center. The Customer keeps these addresses up to date. The Customer sends notices to support@session.webvines.de, and notices concerning data protection to support@webvines.de.

§ 16 Changes to these Terms

  1. The Provider may offer the Customer changes to these Terms if there is an objective reason for doing so, in particular a change in the law or case law, a technical development, new functions of the Platform, a change of service providers (e.g. of the payment service provider) or a gap in the provisions. Prices only change under § 9.
  2. The Provider notifies the Customer of the proposed changes in text form at least 30 days before they are intended to take effect and compares them with the current version in the customer center. The changes take effect at the earliest at the beginning of the first billing period that begins after this period has expired, and only if the Customer agrees to them; the Customer declares its agreement in the customer center.
  3. If the Customer does not agree, the Contract continues under the previous Terms. The Provider may then terminate it under § 10(3).
  4. The rules of the DPA (§ 4(2), § 5 and § 14(1)) apply to changes to the DPA and its annexes.

§ 17 Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For private customers habitually resident in another state, the mandatory consumer protection provisions of that state remain unaffected (Art. 6(2) Rome I Regulation).
  2. Business customers only: To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising from and in connection with this Contract is the Provider's registered office. The Provider may also sue the Customer at its general place of jurisdiction. For private customers, the statutory places of jurisdiction apply. 2a. Consumer dispute resolution: The Provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration body (Section 36(1) No. 1 VSBG). The European Commission discontinued its online dispute resolution platform on 20 July 2025; there is therefore no link to it.
  3. The Customer may only transfer rights and obligations under this Contract to third parties with the Provider's consent in text form; Section 354a of the German Commercial Code (HGB) remains unaffected. The Provider may transfer the Contract, including the DPA, to a company that takes over the operation of the Platform. It announces this in text form at least six weeks in advance; the Customer may then terminate the Contract with effect from the date of the transfer.
  4. Neither party is responsible for the non-performance or delayed performance of an obligation insofar as this is due to circumstances beyond its reasonable control, such as natural events, war, terrorist attacks, epidemics, official orders or large-scale failures of public power or telecommunications networks (force majeure). It informs the other party without undue delay and endeavours to keep the consequences as small as possible. The statutory rights in the event of defects (§ 12) remain unaffected.
  5. The Provider only names the Customer as a reference with the Customer's prior consent in text form.
  6. These Terms and the DPA with its annexes are provided in German and English. The German version is binding; the English version is provided for convenience.
  7. Should individual provisions of this Contract be invalid or unenforceable, the remainder of the Contract remains valid. The invalid provision is replaced by the statutory provisions.

Version 2.0.0 of 2026-09-20