Terms & Conditions
General Terms and Conditions (GTC) of Varify.io GmbH for the Varify.io services
§ 1 scope
The following terms and conditions apply to the services offered by Varify GmbH (hereinafter referred to as Varify.io) to its contractual partners (hereinafter referred to as customers) under the “Varify.io” brand and to the orders placed by the customer with Varify.io. Deviations from this must be in writing. This also applies to the cancellation of the previous sentence.
General terms and conditions or deviating conditions of the customer do not apply to the contractual relationship.
The GTC apply to entrepreneurs for all contracts with Varify.io in the current version.
§ 2 Definitions
For the purposes of these General Terms and Conditions, the following definitions apply:
Varify.io customer account: Describes the contract structure with all Varify.io access and access rights as well as booked services and is the central billing instance for the respective contract.
Varify.io access: Describes a specific access of a single user to the Varify.io system.
Customer: Entrepreneur or company according to §14 BGB, which has concluded a contract with Varify.io.
Customer data: This is data that the customer transmits to Varify.io as part of the order fulfillment and billing as well as for the provision of Varify.io access.
§ 3 Subject of the contract
When the order is placed, Varify.io provides services for the adaptation, optimization and display of this optimization in the form of variants for websites.
For this purpose, Varify.io provides an infrastructure that allows configuration of the pages to be optimized, these variants can be adjusted as desired and the control can also be configured.
Varify.io does not guarantee availability for its services or the display of variants.
Varify.io can change the scope of its services at any time if this is possible due to improvements or is required by law. The customer cannot derive any claims against Varify.io from this.
Communication on the part of Varify.io takes place exclusively by email or in the online customer area of Varify.io. Varify.io can also offer other communication channels.
§ 4 Remuneration, billing, terms of payment
The fee for the services of Varify.io results from the offer on the website and in the ordering process of Varify.io at the time of the conclusion of the contract or at the time of the order or after changes that have been announced and not objected to by the customer.
The remuneration for the services of Varify.io is due in full at the beginning of each billing period for the entire billing period. This also applies to ordered service quotas, regardless of whether the quota is used or exhausted. If usage-based fees are charged, the usage-based fee is due at the end of the billing period.
All payments are made immediately when due.
The customer's obligation to pay remains in place in cases where services to be provided by third parties - for whatever reason - are not provided, unless Varify.io is at fault.
Varify.io is entitled to bill for all services ordered by the customer, even if the customer does not use the services or the results of the services or does not use them in full.
All prices are net prices and do not include statutory VAT.
Varify.io keeps the created invoices in the Varify.io customer account. If necessary, Varify.io sends the invoices by email to the email address stored in the Varify.io customer account. Varify.io can also send the invoices to the customer in any other electronic form.
§ 5 Up-/Downgrades, Options
If available, the customer can switch to a higher quality offer or a longer billing period at any time. If this occurs within a billing period, any remaining unused compensation will be credited to the upgrade prior to the upgrade.
Downgrades: If available, the customer can switch to a less comprehensive offer or a shorter billing period at any time with effect from the end of a billing period in the Varify.io customer account.
Options: Additional services from Varify.io, which are offered as options for the existing contract, can be added to the main service at any time. If this happens within a billing period of the main service, the fee for the option will be calculated proportionately for the remaining billing period of the main service. An option can be canceled at any time with effect from the end of the billing period of the main service in the Varify.io customer account. The above points regarding upgrades and downgrades apply to upgrades/downgrades of options.
§ 6 Duration of Contract, Termination of Contract, Cancellation
The contract begins when the order is placed in the online form or after receipt of the signed order and has an indefinite term. The minimum term is one payment period. New customers are granted a 30-day free trial period.
The contract can be terminated by either party at any time at the end of a payment period. If the customer terminates the contract in ways other than in the Varify.io customer account, the customer must comply with a period of one week to the end of a payment period ("processing period").
A premature termination of the contract is possible in the event of an objection by the customer to general terms and conditions or price changes in accordance with §11.1, observing the deadline specified there. Immediate termination by one contracting party is possible if the other contracting party grossly violates its contractual obligations and, despite a written request to fulfill them, permanently fails to fulfill its obligations. Otherwise, early termination is excluded.
If the contract is terminated prematurely - for whatever reason - the full amount of the remuneration for services that have already been rendered but not yet invoiced is due immediately. A reimbursement of fees charged in advance will not be made unless the customer has justified termination in accordance with the previous paragraph. In this case, the remuneration paid beyond the end of the contract will be reimbursed.
§ 7 Default of payment, debt collection
If the customer is in default of payment, Varify.io is entitled to pause or completely discontinue the services until all outstanding receivables and claims have been paid. The pause or cessation of service provision by Varify.io does not release the customer from the payment obligation. The customer cannot offset periods of pause or suspension – even in the case of subsequent payment.
Varify.io reserves the right to only provide further services if all outstanding claims and all costs for collection or legal prosecution have been settled.
§ 8 Set-off and right of retention
The customer is only entitled to offset against claims from Varify.io insofar as the counterclaims arose from the same contractual relationship and are undisputed or legally established. The exercise of a right of retention is only permissible insofar as the counterclaim is based on the same contractual relationship.
§ 9 Data protection
As a German provider, Varify.io is bound by compliance with the German General Data Protection Regulation (GDPR) based on the EU GDPR. Varify.io collects and processes the collected data exclusively on servers and with systems that are subject to the EU-DSGVO (GDPR).
Varify.io collects, stores and processes customer data using electronic systems insofar as this is necessary for the provision and billing of the functions of Varify.io. This may also include personal or personally identifiable information. No data is transmitted to third parties unless this is necessary for billing (e.g. payment provider) or Varify.io is obliged to transmit customer data on the basis of laws or judicial decisions.
The customer can access the data protection declaration with the exact description of the scope of the stored data as well as the procedure description of the data processing of both customer and user data in accordance with DSGVO both on the Varify.io website and in their Varify.io customer account or at any time at request info@Varify.io.
According to the GDPR, the customer is obliged to conclude a contract for order data processing with Varify.io for the processing of personal data by Varify.io. For this purpose, Varify.io provides a corresponding form and a transmission option to Varify.io in the Varify.io customer account.
Varify.io expressly points out to the customer that data protection and data security for data transmissions in open networks such as the Internet cannot be guaranteed given the current state of the art. Varify.io has taken all the technical and organizational measures required by law to protect stored personal data from misuse and unauthorized access. In particular, when data is transmitted over the Internet, Varify.io has no control over the access options of third parties and can therefore not assume any responsibility for the security of the data transmitted over the Internet.
The processing of personal data by Varify.io is based on the contractual agreements between Varify.io and the customer, taking into account the data protection declaration of Varify.io. Varify.io is not liable for any data protection facts in the processing of personal data that were imported into the software by the customer. Excluded from this are contractual data protection obligations assumed by Varify.io, for example in the context of order processing. The customer must ensure that the software is used in accordance with the respective data protection regulations that apply to the customer. In particular, the customer is responsible for ensuring that any necessary facts (e.g. consent) on the part of the customer exist for the processing of personal data by Varify.io. Varify.io is not liable for any data protection violations on the part of the customer and/or the end user resulting from the illegal use of data or third-party applications by the customer and/or end user.
With regard to the contract and its content, as well as with regard to the functionality of the software, the parties agree to secrecy in such a way that both parties only provide authorized persons with information about the contract itself, the software and how it works, as well as access to the customer's access to the grant software. A corresponding transfer to third parties may only take place under the condition of safeguarding legitimate interests, such as for billing and legal prosecution purposes as well as for setting up the software for the customer by third parties commissioned by the customer. The same applies to corresponding legal requirements, e.g. for the fulfillment of legal information obligations and with the corresponding consent of the other party. After the customer has given his consent, Varify.io is entitled to name the customer as a reference, stating his name and company name and using the company logo. If a corresponding consent has been given by the customer, this is effective until revoked.
§ 10 Obligations of the customer
The customer is solely responsible for creating the necessary technical and legal requirements for the use of Varify.io.
Important notifications from Varify.io are made via email and/or in the Varify.io customer account. The customer is responsible for ensuring that these messages reach him and that he takes note of them.
The customer always keeps the data stored at Varify.io up to date. This applies in particular to data relating to tax aspects, billing and contact options. The customer is fully and unrestrictedly liable to Varify.io for the damage resulting from non-compliance.
The customer is responsible for informing employees, customers and other third parties who are directly or indirectly affected by the use of Varify.io about the data collected and the type of data processing in accordance with the legal requirements.
Overall, the customer undertakes not to violate any contractual provisions or applicable law in connection with the use of Varify.io.
§ 11 Contract adjustments
Varify.io reserves the right to change these terms and conditions and prices. The provider announces such changes in the Varify.io customer account and, if necessary, in text form with a notice period of at least 2 weeks. The changes will take effect as announced if the customer does not object to them in writing by the announced effective date of the changes. If the customer objects in due time, the contract ends at the time the change comes into effect.
Section 12 Liability
Varify.io is only liable for damage caused by intentional or grossly negligent action. Any further liability is excluded. In any case, liability is limited to the order value.
Varify.io is not liable for impairments, limitations or impediments to performance, as well as interruptions or disruptions of the Varify.io services, which are based on circumstances outside of Varify.io's area of responsibility.
Liability for lost profits is excluded for commercial customers.
§ 13 Final provisions
The German-language version of these General Terms and Conditions must always be used to interpret the content of the contract and the rights and obligations of the contracting parties.
Place of fulfillment and payment is Munich (Grünwald), Federal Republic of Germany. This contract is governed by the law of the Federal Republic of Germany. The application of the UN sales law is excluded.
The exclusive place of jurisdiction for all claims arising from and based on the contractual relationship between the contracting parties, including actions on checks and bills of exchange, as well as all disputes arising between the parties regarding the formation, processing or termination of the contract is for entrepreneurs, merchants, legal entities under public law or of the special fund under public law or equivalent or if the customer does not have a general place of jurisdiction within the Federal Republic of Germany Munich, Federal Republic of Germany. Varify.io reserves the right to bring legal action against the customer at their general or other place of jurisdiction, which may be responsible under national or international law.
If individual provisions are or become invalid, or if the provisions contain a gap, the legal validity of the remaining provisions shall remain unaffected. Instead of the ineffective provisions, an effective provision shall be deemed to have been agreed which comes as close as possible to the intended provision in economic terms.