General Terms and Conditions

1) Scope of application

1. 1 Digital Butlers GmbH operates software products and services accessible via the Internet that support users in the management, control, analysis and optimization of their online activities (Software as a Service [SaaS]).

1.2 Digital Butlers GmbH offers various services as a service for the software products and services it operates.

1.3 The following General Terms and Conditions (hereinafter also referred to as “GTC”) apply to all business relationships, including future ones, between the customers of Digital Butlers GmbH based in Schulzendorf/Brandenburg [HRB 17340/ Registergericht Cottbus] and the users of all services offered by Digital Butlers GmbH’s software products, services and services.

1.4 Supplementary provisions and contracts beyond the scope of these GTC (e.g. through agency contracts) shall not become part of these GTC unless their validity is expressly agreed upon conclusion of the contract.

1.5 The GTC of users and customers of Digital Butlers GmbH shall only become part of this contract if this has been expressly agreed in writing.

1.6 In addition to these GTC, additional regulations apply (e.g. privacy policy).

1.7 Digital Butlers GmbH reserves the right to amend and extend these GTC at any time without giving reasons if the changes are deemed reasonable for the customer. The customer shall be informed immediately of any changes. If the customer does not object to the changes within a period of 4 weeks, the changes shall be deemed to have been agreed.

1.8 Upon conclusion of the contract, the version of these GTC valid at the time of conclusion of the contract shall apply.

2) Subject matter of the contract

2.1 The subject matter of the contract is the provision of online services (accessible e.g. via app.ppc-butler.com) and their functionalities for the customers of the respective services. The scope of services depends on the packages and tariffs selected by the customer.

2.2 Digital Butlers GmbH provides additional services in relation to its software products and online services. These services are based on the service package selected by the customer and are also part of the contract.

2. 3 To use the online services of Digital Butlers GmbH, the User requires unrestricted Internet access, an Internet-capable end device and up-to-date Internet browser software. The costs incurred shall be borne by the user.

2.4 Digital Butlers GmbH provides customers with time-limited software on a website accessible on the Internet with which customers can create, control and evaluate advertising measures on the Amazon platform. The online services provided can be selected independently by the customer via subscriptions. The scope of services is set out in the service description of the selected subscription (function package, service).

2.5 Digital Butlers GmbH offers services for customizing, optimizing and learning for the online services provided. The scope of services is set out in the service description of the selected service or service package.

2.6 The achievement of defined or specified successes is not the subject of this contract. Digital Butlers GmbH offers its customers an exclusive right to use the online services and websites operated by the company itself. The successful use of the online services offered is exclusively subject to the successful execution of the given functionalities by the user.

2.7 Digital Butlers GmbH may make changes to the content (e.g. layout, texts) and functionalities (e.g. due to error corrections, updates, extensions, changes) of its own software products and services at any time, insofar as they are reasonable for the customers concerned or serve their interests (e.g. security, availability, possibility).

3) Conclusion of contract

3.1 The contract is concluded in analog or digital form.

3.1.1 Conclusion of analog contract: An analog contract is concluded after the authorized representative of Digital Butlers GmbH and the respective contractual partner have completed and signed a written contract drawn up for a specific purpose.

3.1.2 Conclusion of a digital contract: A digital contract is concluded after the required data has been completed in a digital form or contract and confirmation (e.g. digital signature, 2-factor authentication) of the dedicated digital form or contract by the respective contractual partner. In the case of electronically or automatically generated forms and contracts, confirmation by Digital Butlers GmbH is not necessary.

3.2 The contract is concluded offline or online.

3.2.1 Conclusion of contract offline: Following an inquiry, Digital Butlers GmbH sends the potential customer a binding offer for the conclusion of user contracts and/or services. A binding contract is concluded after the customer’s declaration of consent (written or verbal) within the period specified in the offer. If customer accounts are set up by Digital Butlers GmbH after a contract has been successfully concluded, the customer must provide the necessary data to Digital Butlers GmbH immediately or by the agreed deadline.

3.2.2 Conclusion of contract online: By registering online, a binding contract for the selected software product (or the selected online service) is concluded between the registered customer and Digital Butlers GmbH. To do this, the customer fills out a registration form with their data and confirms the General Terms and Conditions of Digital Butlers GmbH. After successfully submitting the form data, the customer will receive an e-mail asking them to activate their access and confirm the data. After this confirmation, a contract is concluded between PPC Butlers GmbH and the customer.

3.3 The user is obliged to check and, if necessary, correct his details himself before sending or submitting a contractual declaration.

3.4 The user is obliged to provide only truthful information about the company or his person when concluding the contract and to keep this information up to date.

3.5 Only natural persons and legal entities with unlimited legal capacity are permitted to conclude contracts in their own name.

3.6 The conclusion of a contract is only permitted for companies in accordance with §14 para. 1 BGB (natural persons/legal entities or partnerships with legal capacity) who are acting in the exercise of their commercial or independent (professional) activity when concluding this legal transaction.

3.7 Digital Butlers GmbH reserves the right to refuse to conclude a contract without giving reasons. There is no entitlement to the conclusion of a contract with Digital Butlers GmbH.

3.8 Digital Butlers GmbH also reserves the right to check data in individual cases.

4) Terms of payment

4. 1 The use of the listed online services is subject to a charge. The online services booked by the customer and the listed fees and payment intervals (e.g. monthly, annually) are decisive.

4.2 The services offered are subject to a charge. The service packages booked by the customer and the listed remuneration and payment intervals (e.g. one-off, recurring) are decisive.

4.3 In addition to the services and online services offered by Digital Butlers GmbH, the Client may also be charged for the use of third-party services in connection with the use of Digital Butlers GmbH’s services. These costs are itemized by Digital Butlers GmbH and offset against the remuneration owed.

4.4 The remuneration owed is payable in advance via external payment providers and is due in each case once and at the beginning of the booking period (see point 8).

4.5 The currently valid prices shall apply. The time and price at the beginning of the conclusion of the contract remain unaffected.

5) Secrecy

5.1 The customer is obliged to keep access and login data (e.g. user name, e-mail address, passwords) secret and to protect them from access by third parties (including family members and friends). The customer’s confidentiality obligations also include properly logging out of the services after each session. The customer must notify Digital Butlers GmbH of the respective incident immediately after becoming aware of the loss of access and login data or unauthorized access by third parties.

5.2 Digital Butlers GmbH is entitled, but not obliged, to take immediate action at its own discretion, without prior notice, in the event of reasonable suspicion that third parties have knowingly passed on or gained knowledge of access data. For this purpose, the customer’s access and login data can be changed manually or automatically by Digital Butlers GmbH or access can be blocked manually and/or automatically (e.g. blacklist). There is no entitlement to the restoration of original access data. For security reasons, Digital Butlers GmbH may “block” access permanently or for a defined period of time (deliberate exclusion due to security concerns).

6) Rights of use

6.1 Digital Butlers GmbH provides the customer with a non-transferable, exclusive right of use for online services, accessible via the company’s websites (e.g. ppc-butler.com), for the entire term of a valid contract.

6.2 The authorized user of the software products of Digital Butlers GmbH is exclusively the customer, its employees or a legal representative appointed by it (e.g. proxy). Simultaneous use by several customers (e.g. through user sharing) 1) Is not permitted if it is not part of the selected scope of functions. 2) Is permitted if the selected function package exclusively permits simultaneous use by several customers.

6.3 The Authorized User has no right to source files and algorithms of Digital Butlers GmbH. Source code translation (e.g. by decompiling) and copying of functions or algorithms (e.g. by reverse engineering) of the software products offered by Digital Butlers GmbH is prohibited.

6.4 Digital Butlers GmbH reserves all copyrights and other rights to the content of the online services offered, websites or other media related to the purpose of the company.

6.5 For the duration of the contract (plus 60 days – see 9.7.), the customer transfers to Digital Butlers GmbH all necessary and geographically unrestricted rights of use for content that the customer makes available to Digital Butlers GmbH within the scope of its use or content that is linked to the online services offered.

6.6 The customer assures that the publication of content by the customer does not conflict with any third-party property rights (e.g. trademark protection, copyright) and that the customer has been granted unlimited rights of use and exploitation. The customer shall indemnify Digital Butlers GmbH against any claims by third parties due to infringements of property rights resulting from the use of the content provided by the customer. If Digital Butlers GmbH incurs damages or expenses, the customer undertakes to reimburse these, this applies in particular to costs arising from legal defense. Should Digital Butlers GmbH incur costs for warnings, deletion or blocking due to the infringement of intellectual property by the customer, the customer is obliged to bear these costs. In this case, the customer shall also compensate Digital Butlers GmbH for lost sales over the agreed contract term.

6.6.1 Each party shall be entitled to take appropriate legal measures in its own name, which shall be coordinated with the other party. If one party seeks to initiate legal proceedings, the other party is entitled but not obliged to participate in these proceedings, unless there are legal reasons worthy of protection to the contrary.

6.7 A right of use may be prohibited by Digital Butlers GmbH at any time and with immediate effect if there is a suspicion of misuse of the software products or online services offered by the company.

7) Availability

7.1 Digital Butlers GmbH does not guarantee the constant and complete availability of a service or sub-service or of the websites that are made available for access to the online services.

7.2 Scheduled maintenance work is carried out regularly. This maintenance work will be announced at least 3 days in advance by e-mail or in the internal information system of the respective online service. During the maintenance period, individual services or access to the customer administration may be temporarily, partially or completely unavailable.

7.3 Digital Butlers GmbH creates the Services for the Client with the utmost care. This includes functions, functionalities and algorithms in the form of source files. These are made available to customers in a test phase and/or after extensive testing. However, errors in the processing of software products can occur again and again, which are caused by own source codes but also code files of third parties (e.g. Microsoft). Errors can therefore not be completely ruled out. In these cases, Digital Butlers GmbH accepts no liability for the consequences of active program errors, but will endeavour to rectify the errors as soon as possible after they become known in order to ensure that the program runs smoothly.

7.4 In order to use the services of Digital Butlers GmbH, the customer requires the necessary hardware (e.g. computer) and the relevant Internet connection software (e.g. browser). The customer must ensure that this requirement is met. Digital Butlers GmbH has no responsibilities or obligations towards the customer for the availability of the necessary equipment and software. Digital Butlers GmbH therefore assumes no liability whatsoever for availability at the customer’s premises or on their devices.

7.5 Digital Butlers GmbH assumes no warranty for the availability of online services and the correct display of information with obsolete software (e.g. browser) and hardware (e.g. old PC or laptop). This does not guarantee downward compatibility.

8) Remuneration and billing

8.1 The remuneration for the external personal services of Digital Butlers GmbH is based on the service package booked by the client and its current price.

8.2 The remuneration for the availability of online services is based on the online services booked by the customer and their current price.

8.3 Digital Butlers GmbH uses external payment service providers (e.g. stripe.com) for payment transactions, the creation of invoices and other processes arising in connection with the remuneration.

8.4 The remuneration owed can only be paid using the payment types and payment methods provided by Digital Butlers GmbH. The supported payment methods are listed on the ppc-butler.com website.

8.5 Digital Butlers GmbH reserves the right to exclude individual payment methods for defined customers as soon as there are reasonable indications of a returned direct debit or insufficient payment and thus a proper payment of the agreed remuneration of these customers with the given payment method is not guaranteed.

8.6 All prices for services and the licensed use of the online services provided are subject to statutory VAT. VAT is calculated in accordance with German law.

8.7 If the customer is a company under non-German law with its registered office outside the European Union and has an international tax number OSS (formerly VAT), taxes are due in the respective country of this company. In such cases, Digital Butlers GmbH is obliged to report the payment to the Federal Central Tax Office (BZSt). In this case, the tax is not levied and is therefore not shown on the Digital Butlers GmbH invoice. The customer/company is responsible for the payment of these taxes.

8.8 Digital Butlers GmbH and persons commissioned by it use vouchers that provide benefits to customers of Digital Butlers GmbH’s services. Digital Butlers GmbH assumes no guarantee or warranty for the effectiveness of vouchers.

9) Term and termination

9.1 A contract of use for the online services is concluded for an indefinite period and is automatically extended at intervals. It remains in force until terminated by one of the parties. The terms of the contracts (function packages/packages) may vary.

9.2 Digital Butlers GmbH shall provide the customer with test access with limited functionality to the online services offered. The test access is limited to a period determined by Digital Butlers GmbH (e.g. 30 days, 14 days). At the end of this period, access will be blocked. The customer has the option of concluding a digital contract for the use of the online services at any time.

9.3 A service contract for the services is concluded for a specific period of time or relates to a specific objective. In some cases, Digital Butlers GmbH service packages can also be concluded for an indefinite period of time and automatically extended at intervals (e.g. maintenance contracts).

9.4 The usage contract or service contract can be cancelled by either party at any time with 30 days’ notice to the end of the month. For customers with annual contracts, however, cancellation is only possible at the end of the contract term. If the customer has concluded an additional contract with Digital Butlers GmbH for services of the company, this remains unaffected by the cancellation and requires a separate cancellation.

9.5 The right to extraordinary termination for “good cause” remains unaffected.

9.6 Digital Butlers GmbH reserves the right to terminate a contract with a customer without notice if the customer is in default of payment in full, repeatedly or partially for a period of more than 60 days.

9.7 To terminate the User Agreement, an e-mail to info@ppc-butler.com or a written notice to Digital Butlers GmbH stating the date and the respective Online Service or the respective Service is sufficient. Cancellation can also be made within the booked online service.

9.8 After ordinary termination of the User Agreement, Digital Butlers GmbH is entitled and obliged to delete the User’s data insofar as they are not legally or fiscally relevant and are therefore subject to statutory retention periods. Non-relevant personal data will be deleted from the media carriers of Digital Butlers GmbH after a maximum of 90 days and program data after 60 days.

9.9 PPC Butlers GmbH reserves the extraordinary right to anonymize user data generated by the online services offered after ordinary termination of the contract and to continue to use this data for internal analysis purposes (e.g. specific long period considerations for keywords). Customers’ personal data is excluded from this.

10) Warranty and guarantee

10.1 The customer of Digital Butlers GmbH shall have no separate right to have defects rectified; the statutory warranty right under the German Civil Code (BGB) shall apply.

10.2 The customer is obliged to report defects (e.g. in the display or processing of data) to Digital Butlers GmbH without delay.

10.3 Digital Butlers GmbH undertakes to remedy the reported defects within the statutory period. Contracts remain unaffected. There are no claims for damages resulting from defects.

10.4 Digital Butlers GmbH gives no guarantees whatsoever for the availability, accuracy and functionality of the software products and online services offered.

11) Limitation of liability

11.1 Digital Butlers GmbH shall only be liable to customers without limitation for damages caused by gross negligence or intent on the part of its legal representatives, employees or other vicarious agents within the scope of the statutory provisions if these lead to clear gross breaches of contract.

11.2 Digital Butlers GmbH shall be liable to the customer for slight negligence within the scope of the statutory provisions only in the case of foreseeable damage typical for the contract and in the case of injury to health, body or life.

11.3 Digital Butlers GmbH shall only be liable for data loss caused by negligence if the customer has properly fulfilled its data backup obligations or was prevented from doing so for justifiable reasons that made it impossible for it to fulfill its data backup obligations.

11.4 Digital Butlers GmbH accepts no liability for damages resulting from lost profits or opportunity costs of any kind that are linked to the success of the company’s online services.

11.5 Digital Butlers GmbH shall not be liable for damages resulting from a defect (e.g. functional limitations).

11.6 Digital Butlers GmbH shall not be liable for damages in accordance with §536a BGB for defects existing at the time of conclusion of the contract. The previous regulations remain unaffected by this.

11.7 Liability under the German Product Liability Act (ProdHaftG) is excluded.

11.8 If Digital Butlers GmbH has agreed free trial periods with customers or if a function or online service is designated as “beta”, liability during the trial period is subject to the statutory provisions of Section 599 BGB (liability of the lender) and Section 600 BGB (liability for defects) and not to the provisions set out above.

12) Place of jurisdiction

12.1 These GTC and the contract of use governed by them are subject to the law of the Federal Republic of Germany. German law shall apply.

12.2 The contract language is German.

12.3 The place of performance is the registered office of the company.

12.4 If the text of these GTC is translated into other languages, the legally binding form shall always be the current German version of these GTC. Translations are carried out by PPC Butlers GmbH with the utmost care and are provided exclusively as a service to the customer. PPC Butlers GmbH does not, or only in rare cases, carry out a legal review of the translated texts, including these GTC. PPC Butlers GmbH accepts no liability for errors caused by an automated translation of the GTC (e.g. by Google Translate).

12.5 The place of jurisdiction for all legal disputes arising in connection with these GTC and the provisions contained herein, the company’s services and the online services offered by Digital Butlers GmbH shall be the place of performance.

13) Final provisions

13.1 All amendments and additions to these GTC must be made in writing. This also applies to the removal of item (13.1 Amendments). Ancillary agreements do not exist or remain unaffected, depending on the regulation.

13.2 Should one or more provisions of these GTC and its regulations be legally invalid or become so after the agreement has been signed, the validity of the remaining provisions shall not be affected. Digital Butlers GmbH and the customer undertake to replace the invalid provision with a new and legally valid provision that comes closest to the intended purpose or objective.

Status: 18.07.2024