Contractual Terms

1. Preamble

DGfB Deutsche Gesellschaft für Barrierefreiheit mbH (hereinafter: “AccessGO”) operates a Software-as-a-Service (SaaS) solution for improving the accessibility of websites (hereinafter: “Software”) under the URL accessgo.de (hereinafter: “Website”). The offer is exclusively directed at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (hereinafter: “Customer”) and not at consumers. These Terms and Conditions govern the contractual relationship between AccessGO and the Customer. They also apply to future contracts, even if they are not expressly referenced. Deviating terms and conditions of the Customer shall not become part of the contract unless AccessGO expressly agrees to them.

2. Subject Matter of the Contract

(1) The Software is provided as a SaaS or cloud solution. The Customer is granted the opportunity to use the Software operated on the servers of AccessGO or a commissioned service provider via the Internet.

(2) The scope of services is defined in the service description displayed at the time of booking. AccessGO bases its services on the legal requirements for accessibility, in particular the Accessibility Enhancement Act (BFSG) and the Web Content Accessibility Guidelines (WCAG 2.1).

(3) Services such as the adaptation of PDF documents, manual audits, or individual implementations are only provided upon express customer request and against separate commissioning. Without such services, AccessGO cannot guarantee full compliance with accessibility laws for the web presence.

3. Trial Period, Software Rental, Usage Rights

(1) The Customer may test the Software free of charge for 7 days. The trial period ends automatically after 7 days. There is no automatic extension to another plan.

(2) The Customer acquires a simple, non-exclusive, non-transferable usage right to the Software, limited in time to the contract term.

(3) The Customer may only use the Software for their own web presence. The use of the Software on domains not owned by the Customer is prohibited. Transfer to third parties, modification, or disclosure of the source code is prohibited. Any further use requires the written consent of AccessGO.

(4) In the event of payment default, AccessGO is entitled to block access to the Software until the outstanding claims are settled.

(5) There is no entitlement to disclosure of the source code of the Software.

4. Provision and Availability

(1) The Software is provided to the Customer as a SaaS service via an online platform. In addition, the Customer receives a JavaScript that they can independently integrate into their website.

(2) After implementation, the Software is fully functional within 48 hours.

(3) Access to the Software is generally available continuously. Brief temporary unavailability, such as that arising from updates, patches, power grid failures, and similar events, does not constitute a breach of contract.

5. Updates and Further Developments

(1) AccessGO ensures that the Software remains in a contractually compliant state during the contract term. Adaptations to changed IT conditions or technical developments are made at the discretion of AccessGO.

(2) AccessGO may provide updates and upgrades to improve the Software. The adaptations become part of the usage contract. If the scope of services of the Software increases/improves, AccessGO is entitled to make the use of the increase/improvement dependent on an additional fee.

6. Prices and Payment Terms

(1) Rental prices are annual and must be paid in advance. All prices are exclusive of VAT.

(2) AccessGO may adjust prices upon contract renewal, provided that these are announced at least 6 weeks before the expiration of the original contract term. In such cases, the Customer has a special right of termination at the end of the contract term, which must be exercised within 2 weeks of becoming aware of the increase.

(3) Set-offs are only permitted with undisputed or legally established claims. A right of retention may only be asserted if it is based on the same contractual relationship.

7. Customer Obligations to Cooperate

(1) The Customer must ensure all necessary technical prerequisites for the use of the Software.

(2) Access credentials must be treated confidentially. The Customer is obligated to inform AccessGO immediately if unauthorized third parties gain access.

8. Liability

(1) AccessGO is liable without limitation in cases of intent, gross negligence, and personal injury.

(2) In cases of simple negligence, AccessGO is only liable for the breach of essential contractual obligations (i.e., those obligations whose fulfillment enables the proper performance of the contract in the first place and on whose compliance the Customer may regularly rely and whose breach jeopardizes the achievement of the contractual purpose) and is limited to the foreseeable, contract-typical damage. Liability for indirect damages, in particular lost profits, is excluded.

(3) AccessGO is not liable for damages arising from unauthorized use or inadequate protection of access credentials by the Customer.

(4) The liability limitations also apply to legal representatives and vicarious agents of AccessGO.

9. Contract Term and Termination

(1) The minimum contract term is one year. The contract is automatically extended by one additional year unless it is terminated in writing with three months’ notice before expiration.

10. Final Provisions

(1) AccessGO may amend these Terms and Conditions at any time. The Customer will be informed of changes in a timely manner. If no objection is raised within four weeks, the amended terms and conditions are deemed accepted. If the Customer objects in a timely manner, the changes shall only take effect at the beginning of any contract renewal.

(2) Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.

(3) German law applies. The place of jurisdiction is Berlin, provided the Customer is a merchant or a legal entity under public law.