General Terms and Conditions for the Use of StatHubs

1. Applicability of the Terms

• The following General Terms and Conditions govern the use of the software solution "StatHubs" as well as the associated mobile applications, web applications, interfaces and other services of Profihost GmbH, Hildesheimer Straße 25, 30880 Laatzen, phone: +49 511 899555-10, e-mail: service@profihost.com. (hereinafter referred to as the "Provider").
• Deviating terms and conditions of the customer shall not apply unless their validity has been expressly agreed to in writing.
• Insofar as individual services are subject to special conditions, these shall take precedence over the present provisions in the event of a conflict.
• The language of the contract is German. If translations are provided, they are for informational purposes only; in the event of contradictions or doubts as to interpretation, the German version shall prevail.

2. Conclusion of Contract

• StatHubs is aimed at entrepreneurs within the meaning of § 14 BGB and consumers within the meaning of § 13 BGB. A consumer is any natural person who concludes the contract for purposes that can predominantly be attributed neither to his commercial nor to his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a contract, acts in the exercise of his commercial or self-employed professional activity.
• The use of the app is only permitted to persons of legal age and with unlimited legal capacity. Persons acting for a company must be authorized to represent or conclude the contract.
• Before completing the order, the selected services, the contract period and all applicable prices and taxes are clearly displayed to the customer. The customer can check his information before placing the order and correct it using the input and navigation options provided.
• By clicking on the appropriately designated order button, the customer submits a binding offer to conclude the contract. The Provider will confirm receipt and acceptance of the order by e-mail. The order confirmation is decisive for the agreed scope of services. The invoice will also be provided to the customer by email.
• The Provider reserves the right to refuse to conclude a contract in individual cases without giving reasons.
• Consumers are generally entitled to a statutory right of withdrawal in the case of distance contracts. Details can be found in the following cancellation policy. The provider is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2a. Cancellation policy for consumers

• Consumers are entitled to the statutory right of withdrawal in the case of distance contracts. The withdrawal period is 14 days from the conclusion of the contract.
• The revocation can be conveniently declared via the revocation function provided in the app or via any other legally permissible means of communication (e.g. e-mail or post).
• The declaration of withdrawal must contain at least the name of the consumer, the e-mail address used for the contract or other information suitable for assignment as well as the clear decision to withdraw from the contract.
• To meet the deadline, it is sufficient to send the declaration of revocation in good time.
• Upon receipt of a revocation, the provider will check its requirements. If there is an effective revocation, the repayment will be made in accordance with the legal requirements. The statutory provisions on compensation for value in the case of services that have already been started and on the premature expiry of the right of withdrawal, in particular in the case of fully provided services or digital content, remain unaffected.

3. Object of performance

• StatHubs is used for the central aggregation, analysis and visualization of anonymized or aggregated performance, shop, marketing and advertising data of registered online shops. The app is not intended for the storage or evaluation of personal data of customers or visitors to the connected online shops.
• In particular, the platform enables the connection of shop, analysis, marketing and advertising platforms as well as the presentation of evaluations, key figures, reports, warning messages and other analytical information.
• The specific scope of services results from the service description valid at the time of the order. Public product descriptions, screenshots, marketing materials or presentations are for general performance purposes only and do not constitute a guarantee of specific characteristics.
• Vendor is liable for the provision of the agreed features, but not for any specific economic success, increase in revenue, improvement of advertising campaigns, increase in conversion rates, or other business results.
• The customer shall provide all information, access data, interface releases, configurations and data required for the provision of services in full, correctly, in a timely manner and in a technically suitable format.
• A "Space" is a workspace set up within StatHubs and assigned to a customer, in which registered online shops, data sources, evaluations and authorized users can be managed together. The customer can invite other users to a space, provided that they have their own paid StatHubs account.

4. Availability and further development

• The provider strives for the highest possible availability of the platform. This does not apply to periods in which the Services are not available due to maintenance work, safety measures, technical adjustments, force majeure, disruptions to telecommunications networks or circumstances beyond the Provider's control.
• Support requests can be directed to the Vendor through the support channels specified on the Website or App.
• The Provider is entitled to continuously develop and adapt its services and bring them closer to technical progress. This includes, in particular, changes to user interfaces, data models, evaluation logics, interfaces, functions and technical components.
• The Provider is also entitled to change, restrict or discontinue functions insofar as this is necessary for technical, economic, legal or security-related reasons and the overall contractual purpose of the service is not significantly impaired by this.
• The Provider is entitled to permanently discontinue the operation of StatHubs or individual services if economic, technical, safety-related, regulatory or strategic reasons justify this. The Provider shall inform the Customer of this within a reasonable period of time, unless compelling reasons require a shorter-term hiring. In this case, the obligation to pay ends for periods after the termination takes effect; there will be no retroactive reimbursement of services already provided in accordance with the contract. Further claims due to the discontinuation are excluded unless the provider has caused the discontinuation intentionally or through gross negligence and does not conflict with mandatory law.

5. Use of external services and data sources

• StatHubs may process and display data from third-party systems. In particular, e-commerce, analytics, marketing and advertising platforms can be connected to this purpose.
• The customer is responsible for ensuring that he has the necessary rights and authorizations to use and connect such systems.
• The provider does not assume any liability for the permanent availability, functionality or support of external services. This applies in particular to changes to application programming interfaces (APIs), authentication procedures, terms of use, calculation logic, data structures or technical requirements by the respective third-party provider.
• If functions of StatHubs are limited or made impossible as a result of changes by a third-party provider, this does not constitute a defect in the provider's services.

6. Data Quality and Analytics

• The evaluations, key figures, reports, forecasts, recommendations, notices and warnings provided via StatHubs are for information purposes only and to support business decisions.
• The provider does not assume any liability for the completeness, timeliness or correctness of the data provided by third-party providers. Differences between the data presented in StatHubs and the evaluations of the respective origin platforms may occur in particular due to different attribution models, tracking methods, calculation methods or data statuses and do not constitute a defect.
• The customer makes all business, commercial, tax, legal and entrepreneurial decisions on his own responsibility.

7. Automated evaluations and forecasts

• Insofar as StatHubs automatically generates key figures, forecasts, recommendations, warning messages, trends or other analysis results, these are exclusively non-binding information offers.
• Automated evaluations do not replace technical, tax, legal, business or other professional advice.
• The Client remains solely responsible for any decisions made on the basis of such information.

8. Registration and access data

• The Client undertakes to provide all the information provided during registration in full and correctly and to update it immediately in the event of any changes.
• Access data must be kept secret and protected from access by unauthorized third parties.
• The Customer shall inform the Provider immediately if there are indications that a user account or access data is being misused.
• Insofar as the Platform allows the creation of multiple Users within a Customer Account, the Customer is responsible for all actions that occur through the User Accounts created or managed by him.
• The customer is obliged to properly manage authorizations within his organization and to immediately remove the access of persons who have left or are no longer authorized to do so.
• The customer may not pass on his user account or his access data to third parties without the prior consent of the provider. Inviting further users to a Space remains permissible in accordance with these GTC; invited users need their own paid account.
• The customer bears all fees and other costs arising from the use of his account or the user accounts managed by him. Any use by third parties shall be attributed to the customer insofar as he has made this possible or culpably failed to prevent it. This does not apply if the customer can prove that he is not at fault.
• The provider is entitled to delete an account after twelve months without registration or other recognizable use. The intended deletion will be announced by e-mail at least one month in advance. If the customer logs in within this period or objects to the deletion, the account will remain in place, unless there are other reasons for deletion.

9. Obligations of the customer

• The customer undertakes to use the services exclusively to the extent provided for in the contract and in compliance with the applicable legal provisions.
• The customer ensures that the data transmitted to StatHubs does not contain any directly identifying personal data of customers or visitors to the connected online shops. If data is taken from third-party systems, the customer must anonymize it before transmission or configure it in such a way that StatHubs only receives anonymized or sufficiently aggregated data. Any deviating processing of personal data requires an explicit agreement with the provider.
• The Client is responsible for all content, data, access and information that he processes within or connects to the Platform.
• The Client shall ensure that the use of the Platform does not infringe the rights of third parties or violate any legal provisions, official orders or contractual obligations towards third parties.
• The Customer is obliged to use the resources made available to it in such a way that the security, integrity, availability and performance of the Provider's systems are not impaired.
• In particular, the Customer may not post, process, make available or perform any actions that violate the rights of third parties, pretend or misuse the identities of others, harass or bully other persons, contain discriminatory content or hate speech, violate laws or official orders, use copyrighted or otherwise legally protected content without authorization, engage in unfair business practices, chain letters, snowball or Promote pyramid schemes, use images of people without required consent, improperly disclose personal information, or contain malware, malicious code, or other security-threatening content.
• The Provider is entitled to block or delete user-generated content if there are concrete indications of a violation of these GTC, applicable law or the rights of third parties. There is no general obligation on the part of the provider to inspect or monitor.
• The Customer undertakes to use the Provider's services exclusively in accordance with all applicable export control, embargo and sanctions regulations. In particular, the use is prohibited to the extent that it would violate applicable regulations of the European Union, Germany or other applicable legal systems.

10. Acceptable Use and Fair Use

• The services may only be used to the usual and contractual extent.
• In particular, uses that lead to an unreasonable load on the systems, circumvent technical protection measures, generate automated mass accesses, systematically extract data or jeopardise the functionality of the platform are not permitted.
• The Provider is entitled to take appropriate technical and organizational measures in the event of misuse. These include, in particular, the temporary restriction of individual functions, the throttling of access and the temporary blocking of user accounts. The Provider is entitled to permanently close user accounts if there are serious or repeated violations of these Terms and Conditions.

11. Rights of Use

• The Provider grants the Customer a simple, non-exclusive, non-transferable, non-sublicensable and revocable right to use StatHubs to the extent provided for in the contract for the duration of the contractual relationship against payment of the agreed remuneration. Revocation is permissible in particular in the event of extraordinary termination, blocking due to a significant breach of contract or termination of the contract.
• The lack of transferability and sublicensability does not prevent the customer from inviting further users in accordance with the space concept and granting them access rights within the booked scope of services.
• The Customer is not entitled to make the Platform or parts thereof available to third parties for a fee or free of charge, to offer it as its own software solution, to rent, lease or to redistribute it, unless this has been expressly agreed.
• All rights to the software, the data models, evaluation logics, user interfaces, trademarks and other protected components remain with the provider or its licensors.
• Customer may not reproduce, edit, reverse engineer, decompile, disassemble or otherwise attempt to disclose the source code or underlying structures of the Software or any part thereof, except as expressly permitted by law.
• Upon termination or revocation of the right of use, the customer must immediately cease use and delete all copies in his possession, unless there are any statutory retention obligations to the contrary.
• The Customer grants the Provider a free, simple and spatially unlimited right to store, reproduce, technically edit and display the content posted by the Provider in StatHubs, limited to the duration of the contract, insofar as this is necessary for the provision, security and further development of the contractually agreed services.

12. Push notifications and alerts

• StatHubs may provide notifications, alerts, status information, and other communications to Customer via mobile push services, email, or other electronic means of communication. Delivery may depend on third-party providers, mobile networks, internet connections, operating systems, device settings, or app store infrastructures.
• Provider does not warrant that notifications will be delivered at any time, in full, error-free or in a timely manner. The customer remains obliged to monitor business-critical systems and processes independently and may not rely solely on the notification functions of StatHubs.

13. Device and System Requirements

• The use of StatHubs requires a compatible device, a supported operating system version and a functioning Internet connection. The Customer is responsible for providing and maintaining the technical requirements for the use of the Services.
• The Provider is entitled to discontinue support for outdated operating system versions, end devices or technical platforms if this is necessary for technical, security-related or economic reasons.
• The customer bears all costs for end devices, operating systems, Internet access, telecommunications connections, third-party software and other technical requirements. The Provider does not owe any support for devices, networks, software or other technical components that are not part of the agreed StatHubs services.

14. Compensation and In-App Subscriptions

• Unless otherwise stated in the ordering process, the fee for a StatHubs account is EUR 9.00 per month plus statutory VAT. For each registered online shop, an additional EUR 9.00 per month plus statutory VAT is charged.
• The provider can grant a free trial period of 30 days. Cancellation during the trial period is possible with a notice period of 14 days to the end of the trial period. The specific prices and the payment obligations arising after the end of the trial period will be clearly displayed to the customer before completing the order.
• The remuneration is due for payment monthly in advance, at the latest by the third working day of the respective month.
• In the event of default of payment, the Provider shall be entitled, in addition to the restriction or blocking of the services, to claim statutory default interest and other damage caused by default provided for by law.
• If payment is processed via the Apple App Store or the Google Play Store, the payment and terms of use of the respective store operator shall also apply. In the event of contradictions, the mandatory regulations of the respective store operator for payment processing shall prevail. The customer is not entitled to a payment method that deviates from this.
• In the event of a chargeback or cancellation for which the customer is responsible, the customer must reimburse the costs incurred as a result. The provider may charge a processing fee of EUR 4.00 for this, unless the customer can prove that no or significantly less damage has occurred. The provider reserves the right to prove a higher damage.
• Subscriptions automatically renew for the agreed term, unless cancelled before the end of the current billing period. The administration and cancellation of a subscription concluded via an App Store is carried out exclusively via the customer's user account with the respective store operator. Uninstalling the app, deleting a user account, or discontinuing use does not automatically terminate an existing paid subscription.
• If free trial periods are offered, a paid subscription will automatically begin at the end of the trial period under the terms specified in each case, unless cancelled before the end of the trial period. Any unused portion of a free trial period will expire once a paid subscription is activated.
• Refunds for payments processed via Apple or Google are based solely on the rules and procedures of the respective store operator. The Provider is not obliged to issue refunds for transactions processed via App Stores, unless this is provided for technically or contractually.

15. Contract Term and Termination

• The contract is concluded for an indefinite period of time, unless a fixed term is provided for in the tariff or in an individual agreement.
• After a trial period has expired, the contract can be terminated with a notice period of 30 days to the end of a calendar month. For subscriptions concluded via an App Store, the notice periods and technical termination methods displayed there also apply.
• An important reason for extraordinary termination exists in particular if the customer remains in arrears with due payments despite a reminder or repeatedly violates essential contractual obligations and does not remedy the violation within a reasonable period of time despite a warning. A warning is not necessary if the violation is so serious that the provider cannot be expected to continue the contract.
• Until the end of the contract period, the customer is obliged to back up his data himself in good time. The Provider is entitled to delete the account and the associated data from the end of the contract period. The technical implementation of the deletion can take a few days. Statutory retention obligations remain unaffected.

16. Data export

Insofar as export functions are part of the booked scope of services, the customer can use them during the contract period. There is no entitlement to the provision of data in a specific file format, data model or structure. The Provider is entitled to restrict data exports appropriately for technical, organisational or security reasons.

17. Warranty

• The provider points out that software cannot be created completely error-free according to the state of the art.
• The provider guarantees that the services substantially correspond to the contractually agreed specifications.
• Defects must be reported by the customer immediately after becoming aware of them. Customer will provide reasonable assistance to Vendor in error analysis and troubleshooting.

18. Liability

• Subject to the following restrictions, the Provider shall be liable in accordance with the statutory provisions.
• The provider is liable in the event of intent and gross negligence in accordance with the statutory provisions.
• In the event of slight negligence, the provider is only liable in the event of a breach of essential contractual obligations. In these cases, liability is limited to the foreseeable damage typical of the contract.
• To the extent permitted by law, liability for indirect damages, consequential damages, loss of profit, loss of sales, marketing losses, data deviations, wrong decisions based on evaluations or other economic disadvantages is excluded.
• The Provider is not liable for damages based on incorrect, delayed or incomplete data from third parties.
• The Provider is not liable for damages caused by external influences, improper operation, incorrect or incomplete user data, unsupported technical environments, failures of third-party providers or force majeure, insofar as the Provider is not responsible for these circumstances.
• The limitations of liability do not apply in the event of intent or gross negligence, malice, assumption of a guarantee, injury to life, limb or health, claims under the Product Liability Act or insofar as mandatory law provides for further liability.
• The statutory limitation periods apply to claims by the provider. To the extent permitted by law, the customer's claims for damages shall become statute-barred within one year from the statutory start of the limitation period. The statutory limitation periods apply to claims under the Product Liability Act, for injury to life, limb or health, for intentional or grossly negligent breach of duty, for breach of essential contractual obligations as well as for fraud or assumption of a guarantee.

19. Indemnification

The Client shall indemnify the Provider against all claims by third parties based on unlawful use of the Platform, unlawfully processed data, violations of data protection regulations or other breaches of duty for which the Client is responsible. The indemnification also includes the reasonable costs of legal defence.

20. Data protection

• Information on the processing of personal data by the Provider can be found in the Privacy Policy.
• StatHubs is primarily intended for the processing of aggregated and anonymized evaluation, shop, marketing and performance data. The customer is responsible for configuring the connected systems in such a way that only the data required for the use of StatHubs is transmitted.
• The customer remains responsible for the legality of the data and data sources he integrates. In particular, the customer must ensure that the use and connection of external systems, data sources and analysis platforms is permissible under data protection law and that all necessary information obligations, consents or other legal bases are in place.
• Insofar as personal data is processed within StatHubs in individual cases and the prerequisites for order processing in accordance with Art. 28 GDPR are met, the parties conclude a corresponding agreement on order processing before the start of the processing. Without such an agreement, the customer is not entitled to transmit personal data to StatHubs in the context of processing relevant to order processing law.

21. Changes to these Terms and Conditions

The Provider is entitled to amend these Terms and Conditions with effect for the future, provided that there is an objective reason for doing so. An objective reason exists in particular in the case of technical developments, changed legal requirements, security requirements or changes in the range of services. The customer will be informed of any significant changes in good time.

22. Special Provisions for Apple App Store and Google Play Store

• The terms of use of the respective app store operator may also apply to the download and use of the mobile applications. This agreement is concluded exclusively between the customer and Profihost GmbH. Apple Inc., Apple Distribution International Ltd., Google LLC, and their affiliates are not parties to this Agreement.
• The Provider is solely responsible for the provision, maintenance, maintenance, further development and support of the StatHubs App. Apple and Google do not assume any obligations in this regard. All claims of the Customer in connection with the use of the App, in particular warranty, support, maintenance or liability claims, are to be asserted exclusively against the Provider.
• To the extent permitted by law, Apple Inc. and its affiliates shall be deemed to be the third party beneficiary of this Agreement and shall be entitled to enforce the rights granted to them under this Agreement against Customer.

23. Final Provisions

• The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
• The place of performance is Laatzen if the customer is an entrepreneur. The legal regulations apply to consumers.
• If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction, including international jurisdiction, is the registered office of the provider. However, the Provider is also entitled to sue the Customer at the place of performance or at its general place of jurisdiction. The statutory places of jurisdiction apply to consumers.
• The customer may only transfer rights and obligations arising from the contractual relationship with the prior written consent of the provider. The Provider is entitled to assign claims against the Customer, in particular fee claims, to third parties or a collection agency.
• If the customer is an entrepreneur, he can only offset undisputed or legally established claims and exercise a right of retention only on the basis of claims arising from the same contractual relationship. The statutory rights of set-off and retention apply to consumers.
• Individual agreements between the parties take precedence over these Terms and Conditions. To the extent permitted by law, amendments or additions to these General Terms and Conditions as well as ancillary agreements must be made in text form in order to be effective. This also applies to an amendment or cancellation of this formal requirement. Statutory formal requirements remain unaffected.
• Should individual provisions of these General Terms and Conditions be or become invalid, unenforceable or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid, unenforceable or unenforceable provision shall be replaced by the effective provision that comes closest to the economic purpose of the original provision. The same applies to any loopholes in the regulation.