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1. Preamble

Web DNA GmbH (hereinafter "Provider") offers a cloud-based SaaS solution at navable.de that enables websites to be designed and analyzed for accessibility (hereinafter "Software"). These Terms and Conditions (T&Cs) govern the contractual relationship between the Provider and its business customers (each a "Contracting Party"). Deviating terms and conditions of the contracting party are only valid if the Provider has expressly agreed to them in writing.

2. Definitions and Order of Precedence

  1. Definitions
    • Software: The overlay widget including the associated dashboard, operated on the Provider’s servers.
    • Contract Form: Document that records the selected services and prices during the booking process.
    • Services: The entirety of software, dashboard, support, updates, and supplementary services.
  2. Document Order of Precedence

    In the event of conflicts between the signed contract form, the service description in the dashboard, the Service Level Agreement (SLA), and these T&Cs, the respective contract form always takes precedence, followed by the dashboard description, the SLA, and finally these T&Cs.

3. Scope of Services

  1. Provision

    The Provider grants a non-exclusive, non-transferable right to use the software by integrating the provided software code on the contractually agreed domains.

  2. Functions
    • Overlay customizations.
    • Configuration and reports in the dashboard.
    • Automated audits.

    No guarantee is given for complete legal compliance (e.g., BFSG or WCAG 2.1).

  3. Additional Services

    Individual services (e.g., manual audits, PDF optimization, special customizations) are subject to separate agreement and remuneration.

4. Conclusion of Contract and Term

  1. Start of Contract

    Upon successful registration and selection of a plan in the dashboard.

  2. Term
    • Minimum term: one year (with annual billing) or one month (with monthly billing).
    • Renewal: for the same term, unless terminated in writing three months (annual) or one month (monthly) before expiry.

5. Prices and Payments

  1. Price Information

    The current net prices (plus VAT) are listed in the dashboard.

  2. Payment Method

    Remuneration is due in advance for the respective billing period.

  3. Price Changes

    Announced six weeks before they take effect. In case of price adjustments, the customer has a special right of termination up to two weeks after notification.

  4. Set-off & Retention

    Permitted only with undisputed or legally established counterclaims.

6. Duties to Cooperate

  1. Technical Requirements

    The contracting party is responsible for the necessary infrastructure (hosting, CMS version, browser compatibility) and integrates the integration code independently.

  2. Access Data

    Must be kept confidential. Unauthorized use must be reported to the Provider immediately.

  3. Testing & Monitoring

    Updates should be tested before productive use; in case of disruptions, appropriate backup and diagnostic measures must be taken.

7. Availability and Support

  1. Availability

    At least 99% on an annual average. Maintenance windows will be announced; short-term outages (e.g., network failure, patches) are not considered a breach.

  2. Support

    Response times and support channels are defined in the SLA. Inquiries can be made via the dashboard or by email.

8. Updates and Special Right of Termination

  1. Ongoing Maintenance

    The Provider ensures that the software remains functional and may apply updates/upgrades. Changes that extend the scope of services may be charged separately.

  2. Special Right of Termination

    Applies if a change to the software significantly impairs the agreed purposes of use. Termination must be exercised in writing or by email within one month of notification.

9. Liability and Warranty

  1. Warranty

    Warranty claims expire one year after service provision, except in cases of intent, gross negligence, and personal injury.

  2. Provider’s Liability
    • Unlimited in cases of intent, gross negligence, and for personal injury.
    • For simple negligence, only in case of breach of essential contractual obligations and limited to the typical, foreseeable damage.
    • Maximum liability per damage case: annual fee or at least €10,000; for multiple cases in a calendar year, a maximum of double that amount or €20,000.
    • Compensation for data loss: up to the amount of proper restoration costs.
  3. Liability Limitations

    Further claims, especially for loss of profit or indirect damages, are excluded. The regulations also apply to vicarious agents and representatives.

10. Confidentiality, Data Protection, and Final Provisions

  1. Confidentiality

    Confidential information (e.g., business and trade secrets, source code) may only be used to fulfill the contract and may not be disclosed to third parties. Exceptions apply to information already publicly known or independently obtained.

  2. Data Protection

    Both contracting parties comply with the applicable data protection regulations (especially GDPR). If necessary, a separate agreement will be concluded.

  3. Severability Clause

    If individual provisions are invalid, the remainder of the T&Cs remains in force.

  4. Choice of Law & Jurisdiction

    German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Berlin, as far as permissible.