§ 1 Scope, Provider, Exclusive B2B Orientation
(1) These General Terms and Conditions (GTC) apply to all contracts for the use of the SaaS application "Cookienator" (hereinafter the "Service") between
Kreativ & Söhne GmbH, Dortmunder Str. 2, 04357 Leipzig, represented by its Managing Director Alexander Tittmann, Register Court: Leipzig Local Court (Amtsgericht Leipzig), HRB 33136, VAT ID: DE309657042
(hereinafter the "Provider") and the Customer.
(2) The Service is aimed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. By placing an order, the Customer confirms that they are acting in the exercise of their commercial or independent professional activity and not as a consumer (§ 13 BGB). The conclusion of a contract with consumers is not the subject of this offer.
(3) Deviating terms and conditions of the Customer shall not become part of the contract unless the Provider expressly agrees to their validity in writing. This also applies if the Provider renders the service without reservation while being aware of conflicting terms.
§ 2 Subject Matter of the Contract / Description of Services
(1) The Service automatically checks websites for the setting of cookies and the use of tracking technologies in various consent phases (before consent, after rejection, after acceptance) and provides the results as a report.
(2) The specific scope of services is determined by the tariff selected by the Customer (Free, Pro, Agency) in accordance with the service overview valid at the time on the Provider's website.
(3) The Service is a purely technical tool and does not constitute legal advice. The results, assessments, and reports generated serve exclusively as technical information. The Provider assumes no warranty for the accuracy, completeness, or legal assessment of the results and, in particular, does not guarantee the legal compliance of the audited websites. The legal assessment and responsibility for the compliance of a website remain with the Customer at all times; this does not replace a qualified (legal) review.
(4) The Provider continuously develops the Service further and is entitled to change, expand, or restrict functions, provided that the main purpose of the contract is not thereby materially impaired.
§ 3 Conclusion of Contract
(1) The presentation of the tariffs on the website does not constitute a binding offer but rather an invitation to submit an offer.
(2) By submitting the registration or order, the Customer makes a binding offer. The contract is concluded upon confirmation by the Provider, at the latest upon activation of the selected tariff.
§ 4 Prices and Payment
(1) The prices stated at the time of the order apply. All prices are net, plus statutory value-added tax (VAT) at the currently applicable rate of 19%.
(2) Payment is processed exclusively via the payment service provider Mollie B.V. Its terms and conditions apply in addition.
(3) Subscription fees are due in advance for the respective billing period (monthly).
(4) Invoices are provided electronically.
(5) If the Customer defaults on payment, the Provider is entitled to suspend access to the paid scope of services after prior notice. The statutory provisions on default apply.
§ 5 Term and Termination
(1) The subscription contract is concluded for an indefinite period and is automatically renewed for a further month unless terminated by the end of the current billing period.
(2) Termination can be declared via the function provided in the customer account or in text form.
(3) The right of both parties to extraordinary termination for good cause remains unaffected.
(4) Upon termination of the contract, the customer account will be deactivated. Data arising from use (in particular projects, scan results, and reports) will be deleted within 30 days of the end of the contract, provided the Customer has not already initiated deletion themselves and no statutory retention obligations conflict with this. Invoice- and accounting-relevant documents will be retained for the duration of the statutory retention periods (generally 10 years pursuant to § 147 of the German Fiscal Code (AO), § 257 of the German Commercial Code (HGB)) and deleted only after these periods expire. During this period, the processing of this data will be restricted to the extent legally required.
§ 6 Authorization to Use, Customer Obligations, and Prohibition of Misuse
(1) Auditing exclusively of own or authorized domains. The Customer is obligated to use the Service exclusively for auditing websites and domains that fall within their own area of responsibility or which they are demonstrably authorized to audit (e.g., based on a commission from the domain owner). Auditing third-party domains without corresponding authorization is expressly prohibited.
(2) Customer's responsibility. The Customer bears sole responsibility for ensuring that they hold the necessary authorization for each audit they initiate. The Provider is not obligated to verify the existence of such authorization and does not adopt the audits initiated by the Customer as its own.
(3) Prohibition of misuse. The Customer is prohibited in particular from:
a) using the Service in a manner likely to impair the availability, integrity, or security of third-party systems (e.g., through excessive or repeated scans to overload a target system);
b) circumventing, disabling, or impairing technical protection or restriction measures of the Service;
c) using the Service for unlawful purposes or to prepare unlawful acts;
d) automated mass querying or any reuse that goes beyond the contractually intended use.
(4) Access credentials. The Customer shall keep their access credentials confidential and inform the Provider without undue delay of any indications of misuse of their account.
(5) Consequences of violations. If the Customer culpably violates the obligations under this § 6, the Provider is entitled to temporarily suspend access to the Service or, in the case of serious or repeated violations, to terminate the contract extraordinarily. Further statutory rights remain unaffected.
(6) Indemnification. The Customer shall indemnify the Provider against all third-party claims asserted against the Provider due to the Customer's culpable, unauthorized auditing of third-party domains or any other abusive or unlawful use of the Service. The indemnification also covers the reasonable costs of the necessary legal defense.
§ 7 Availability
(1) The Provider endeavors to ensure the highest possible availability of the Service but does not guarantee any specific availability.
(2) Excluded in particular are periods of scheduled maintenance as well as disruptions due to circumstances beyond the Provider's control (e.g., force majeure, failures of upstream suppliers or network operators).
§ 8 Liability
(1) The Provider is liable without limitation in cases of intent and gross negligence, as well as for injury to life, body, or health.
(2) In cases of simple negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation)—the fulfillment of which is essential to the proper execution of the contract and on whose compliance the Customer may regularly rely—and limited in amount to the foreseeable damage typical for the contract.
(3) Otherwise, liability is excluded.
(4) Clarification: Given the nature of the Service as a technical tool (§ 2 para. 3), the Provider is in particular not liable for fines, warnings (Abmahnungen), claims for damages, or other disadvantages incurred by the Customer in connection with the (legal) compliance of their website.
(5) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
(6) The above limitations of liability also apply in favor of the Provider's legal representatives and vicarious agents.
§ 9 Data Protection
(1) Information on the processing of personal data can be found in the separately provided Privacy Policy.
(2) The Provider processes personal data in connection with the Service as controller for its own purposes, in particular for the performance of the contract, provision of the Service, and billing. The Service is not designed for the processing of personal data on behalf of the Customer. In particular, no content of the audited websites — such as page text, HTML captures, or screenshots — and no data of their visitors is collected or stored; only technical metadata of the cookies set is processed.
(3) Should processing on behalf of the Customer become necessary in an individual case, it shall take place exclusively on the basis of a separate agreement pursuant to Art. 28 GDPR. Any such agreement shall not affect the Provider's rights under § 10.
§ 10 Use of Aggregated Cookie Classification Data
(1) The Customer grants the Provider the non-exclusive, royalty-free right, unlimited in time and territory, to use the cookie classifications made by the Customer in anonymized, aggregated form that does not permit any inference about the Customer, its account, projects, or users. Such use serves to build the Provider's own reference data and to improve the recognition and classification quality of the Service for the benefit of all customers.
(2) The right under paragraph 1 continues to exist after termination of the contract; § 5 para. 4 does not conflict with this. The Customer has no rights to the aggregated data and no claim for compensation.
§ 11 Amendments to the GTC
(1) The Provider may amend these GTC with future effect, provided this is necessary to adapt to changed legal or technical conditions and the Customer is not unreasonably disadvantaged thereby.
(2) Amendments will be communicated to the Customer in text form at least four weeks before they take effect. If the Customer does not object within four weeks of receiving the notification, the amendments are deemed accepted; the Customer will be specifically informed of this consequence and of the right to object in the notification. If the Customer objects in due time, either party is entitled to terminate the contract as of the date the amendment takes effect.
§ 12 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).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Leipzig, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law.
(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory regulation shall apply in place of the invalid provision.
(4) There is no obligation or willingness to participate in a dispute resolution procedure before a consumer arbitration board.
Version dated 01.08.2026