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ENDE

Terms of Service

1. Scope and eligible customers

1.1 These Terms of Service (“Terms”) apply to all contracts for the use of SiteRemark between the provider and its customers. The provider is:

Whale Marketing
Owner: Uwe Hermann
c/o MDC Management#5698
Welserstraße 3
87463 Dietmannsried
Germany

Email: [email protected]

1.2 SiteRemark is offered exclusively to businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. We do not enter into contracts with consumers (Section 13 BGB). When signing up, the customer confirms that it is acting as a business. An incorrect statement does not exclude mandatory consumer rights.

1.3 Any deviating, conflicting, or supplementary terms of the customer do not become part of the contract, even if we do not expressly object to them or provide services without reservation.

1.4 Individual agreements (Section 305b BGB) take precedence over these Terms. For the processing of personal data on the customer’s behalf, the data processing agreement (Section 11) takes precedence.

2. Signing up and free trial

2.1 The presentation of SiteRemark on our website is not a binding offer but an invitation to sign up.

2.2 By submitting the sign-up form, the customer makes an offer to enter into a contract for the use of SiteRemark. We review every sign-up manually. The contract is concluded when we activate the account. There is no right to activation; we may decline sign-ups without giving reasons.

2.3 Once the account is activated, the customer can try SiteRemark free of charge for 14 days. No payment details are required. The trial ends automatically and does not turn into a paid contract on its own.

2.4 If the customer does not book a plan after the trial, the account remains available with limited functionality: the customer can sign in and work on existing items but can only create new ones again with a paid plan. Either party may end this limited access at any time; we will give 30 days’ notice by email.

2.5 The customer books a paid plan by email to us or through a booking feature in the dashboard, where available. The contract for the plan is concluded when we confirm the booking in text form or activate the plan.

2.6 The contract languages are German and English. These Terms are available on our website at all times. We record when the customer accepted which version.

3. Services

3.1 SiteRemark is software that we provide as a service over the internet (software as a service). It includes in particular:

The scope of the booked plan applies (Section 4).

3.2 We provide SiteRemark in its current version and may further develop it, change it, and replace individual features, as long as the essential features of the booked plan are preserved and the change is reasonable for the customer. We announce material changes in advance by email or in the dashboard.

3.3 We aim for an availability of 99% averaged over the year, measured at the point where our data center connects to the internet. This excludes announced maintenance, which we schedule outside regular business hours where possible, and disruptions beyond our control, such as internet outages, attacks on the infrastructure, or force majeure (Section 15). The 99% figure is a target, not a guarantee or a warranted characteristic.

3.4 Integrations with third-party services require the customer to have an account with that service. We are not responsible for its availability or interfaces. If a third party changes its interface or terms, we may adapt or discontinue the integration.

3.5 We provide support by email in German or English on business days (Monday through Friday, excluding public holidays in Bavaria), without a fixed response time. Setup, training, or customizations are only owed if agreed separately.

4. Plans and limits

4.1 SiteRemark is available in these plans:

4.2 White label – the customer’s own name and logo in the widget – is available from the Studio plan upward.

4.3 If the customer reaches a limit of its plan, existing websites, comments, and files are kept. New websites, team members, or uploads can only be added again once the customer books a higher plan or is back below the limit. We never delete anything because a limit has been reached.

4.4 “No fixed limit” means use within the usual scope of an agency. If a customer’s use significantly affects operations for others, we will contact the customer first and work out a solution together.

4.5 The customer can upgrade to a higher plan at any time; it applies from activation, and the difference is charged pro rata for the rest of the current billing period. A downgrade takes effect at the end of the current billing period; Section 4.3 applies accordingly.

5. Prices and payment

5.1 The prices stated on our website and in the dashboard at the time of booking apply. All prices are net prices in euros plus statutory VAT, where applicable. If the customer is established in another EU member state and has a valid VAT ID, the customer accounts for the VAT itself (reverse charge) and provides its VAT ID when booking.

5.2 We bill monthly or yearly in advance. For yearly billing, we charge the price of 10 months for twelve months.

5.3 Promotional discounts apply under the conditions stated for the promotion and only for the period stated there; the regular price applies afterward. The launch offer currently applies: customers who sign up by November 30, 2026 and book a paid plan directly after their trial pay 30% less for the first 12 months – on every plan, billed monthly or yearly.

5.4 We issue invoices electronically and send them by email. They are due without deduction within 14 days of receipt.

5.5 If the customer is in default, it owes default interest of nine percentage points above the base rate (Section 288(2) BGB) and the flat fee of 40 euros (Section 288(5) BGB). We reserve the right to claim further damages.

5.6 If the customer is in default with a payment that is due, we may temporarily suspend its access or restrict it to read-only. Before doing so, we will send a reminder with a grace period of at least ten days that expressly announces the suspension. During a suspension, the widget on the customer’s websites may also stop working. Amounts the customer disputes in text form with plausible reasons are not grounds for a suspension. We do not delete data because of a suspension; on request, we provide an export. We lift the suspension without undue delay once payment is received. The obligation to pay continues during the suspension.

5.7 The customer may only set off claims that are undisputed or have been finally determined by a court. It may only exercise a right of retention based on claims arising from the same contractual relationship.

6. Price changes

6.1 We may change the prices of ongoing contracts with effect for the future. We announce any change in text form, usually by email, at least six weeks before it takes effect.

6.2 For yearly billing, a new price only applies from the next term; periods already paid are not affected. An ongoing promotional discount remains in place for its period.

6.3 If the price increases, the customer may terminate the contract effective on the date the increase takes effect. We point out this special termination right in the announcement. If the customer does not terminate, the new price applies from the announced date.

6.4 If the statutory VAT rate changes, we pass on the change from the date it takes effect; this is not a price change within the meaning of this section.

7. Term and termination

7.1 With monthly billing, the contract runs for an indefinite period. The customer may terminate it effective at the end of any billing month; we may terminate it with one month’s notice effective at the end of a billing month.

7.2 With yearly billing, the contract runs for twelve months. Either party may terminate it effective at the end of the term; otherwise, it renews for another twelve months each time.

7.3 Termination must be in text form; an email to [email protected] is sufficient. If the customer deletes its account in the dashboard, this counts as termination at the earliest possible date. We do not refund periods already paid when the customer terminates, unless it terminates for good cause for which we are responsible.

7.4 Either party’s right to terminate for good cause remains unaffected. For us, good cause exists in particular if the customer is in default with at least two monthly fees or, despite a warning, seriously violates Section 8. In the case of serious violations, such as attacks on SiteRemark or obviously illegal content, no warning is required.

7.5 What happens to the data after the contract ends is governed by Section 12.

8. Customer obligations

8.1 The customer uses SiteRemark only in compliance with the law and these Terms. It does not upload illegal content, in particular content that infringes third parties’ copyrights, trademarks, or personality rights, and no malware.

8.2 The customer only embeds the widget in websites that it operates or that it works on with the operator’s consent.

8.3 The customer is the controller under the GDPR for personal data captured through SiteRemark – such as its clients’ names and comments, or screenshots; we process this data on its behalf (Section 11). The customer itself informs its clients and, where the widget is visible or active for them, the visitors to its websites about the processing. It ensures a legal basis and obtains consent where required.

8.4 The customer keeps login credentials confidential, uses secure passwords, and does not share accounts; each team member uses their own login. If misuse is suspected, the customer changes the password without undue delay and informs us.

8.5 The customer ensures that the people it gives access to – team members, and its clients via guest links or the client area – also comply with these obligations.

8.6 The following are prohibited: attacks on SiteRemark or other customers, circumventing security measures or plan limits, automated bulk requests such as scraping or load testing without our consent, sending spam through SiteRemark, and reselling SiteRemark as a stand-alone product. Using it under the customer’s own brand for its own clients (Section 4.2) remains permitted.

8.7 SiteRemark is not an archive. The customer backs up any data it needs long-term itself, using the export (Section 12.1).

8.8 If a third party brings a claim against us because of content uploaded by the customer or the people described in Section 8.5, or because of a breach of duty by the customer, the customer indemnifies us against justified claims, including reasonable costs of legal defense, to the extent that the customer is responsible for the infringement. We inform the customer without undue delay and do not acknowledge any claim without its consent.

9. Content, moderation, and notices (Digital Services Act)

9.1 SiteRemark stores content provided by customers, their teams, and their clients, such as comments, screenshots, and files. This makes us a hosting service under Regulation (EU) 2022/2065 (Digital Services Act, DSA). The content is not public; it is only visible to the customer and the people it gives access to.

9.2 Illegal content and content that violates Section 8 are not permitted. We do not search content on our own initiative; there is no general monitoring obligation (Art. 8 DSA). We take action when we receive a notice or otherwise become aware of a violation.

9.3 We review notices manually. We do not use automated tools to detect or moderate content and make no automated decisions. Depending on the severity of the violation, we point it out to the customer and ask for a remedy, remove or disable individual items of content, temporarily suspend access, or terminate under Section 7.4. We choose the least restrictive effective measure and take into account the rights and legitimate interests of everyone involved, including their fundamental rights.

9.4 Anyone can report content they consider illegal under Art. 16 DSA by email to [email protected]. This address is also our single point of contact under Art. 11 and 12 DSA, as stated in the legal notice. The notice should include:

We confirm receipt, decide in a timely, diligent, objective, and non-arbitrary manner, and inform the person who submitted the notice of our decision and the available remedies. We accept notices in German and English.

9.5 If we restrict content or access, the affected customer receives a clear and specific statement of reasons under Art. 17 DSA no later than when the restriction begins: what measure we are taking, the facts and circumstances it is based on, whether it results from a notice, the legal provision or contractual term it relies on, and the available remedies. We do not use automated means for this.

9.6 The affected customer and the person who submitted the notice may file a complaint about our decision within six months by email to [email protected]. We then review the decision again manually, share the outcome with reasons, and reverse an unjustified measure without undue delay. Recourse to the courts remains open.

9.7 If we become aware of information giving rise to a suspicion of a criminal offense involving a threat to the life or safety of persons, we inform the competent authorities under Art. 18 DSA.

10. Rights to content and software

10.1 The customer retains all rights to its content. For the term of the contract, it grants us the non-exclusive right to store, copy, process, and display that content to authorized people, to the extent necessary for our services – including through our subprocessors, in backups until they expire, and through integrations the customer sets up itself. The customer ensures that it holds the necessary rights.

10.2 All rights to SiteRemark – software, widget, browser extension, design, documentation, and trademarks – remain with us. For the term of the contract, the customer receives the non-exclusive, non-transferable, and non-sublicensable right to use SiteRemark within the scope of its plan for its business purposes and for working with its clients. To that end, it may embed the widget in websites, and its team members and clients may use the browser extension.

10.3 The customer may not decompile, reverse engineer, or modify SiteRemark, except as mandatorily permitted by law (Sections 69d and 69e of the German Copyright Act, UrhG), and may not remove proprietary notices, except through the white-label settings provided for that purpose.

10.4 We may use suggestions and feedback about SiteRemark without compensation and without naming the customer.

11. Data protection and data processing

11.1 To the extent we process personal data on the customer’s behalf, a data processing agreement under Art. 28 GDPR applies. The customer concludes it in the dashboard before processing personal data of third parties through SiteRemark. We record who accepted which version and when.

11.2 We use Hostinger International Ltd. (Cyprus) as a subprocessor for hosting, database, and email delivery; the servers are located in Germany. Further subprocessors and changes to them are governed by the data processing agreement.

11.3 If the customer sets up an integration with a third-party service, such as Slack, Trello, or Zapier, SiteRemark transfers the selected data to that service on the customer’s instructions. The third party is not our subprocessor; the terms the customer has agreed with it apply. The customer itself checks whether the transfer is permitted, including to countries outside the EU.

11.4 How we process the customer’s own personal data, such as contact and billing details, is described in our privacy policy.

11.5 We take appropriate technical and organizational security measures, as described in the data processing agreement. No one can guarantee complete security against attacks.

12. Data export and deletion

12.1 The customer can export its data at any time in the dashboard in a machine-readable format (JSON).

12.2 The customer can permanently delete its account in the dashboard at any time. Its data is deleted immediately; Section 7.3 applies to termination.

12.3 After the contract ends, we block access. We permanently delete the customer’s data 30 days after the contract ends; until then, we provide an export on request. Backups expire no later than seven days after deletion. Statutory retention obligations, such as for invoices, and the record of when the customer accepted these Terms and the data processing agreement remain unaffected.

13. Warranty

13.1 Defects are governed by the statutory provisions of German rental law (Sections 535 et seq. BGB), unless these Terms provide otherwise.

13.2 Strict liability for defects that already existed when the contract was concluded (Section 536a(1), first alternative, BGB) is excluded.

13.3 The customer reports defects in text form without undue delay and describes them so that we can reproduce them, for example with the page, time, and browser. We remedy defects within a reasonable time, which may include a reasonable workaround.

13.4 An insignificant reduction in suitability is disregarded (Section 536(1) sentence 3 BGB). The customer may only terminate for failure to grant use (Section 543(2) sentence 1 no. 1 BGB) after we have had an opportunity to remedy the issue and the remedy has failed.

14. Liability

14.1 We are liable without limitation for intent and gross negligence, for injury to life, body, or health, where we have given a guarantee, under the German Product Liability Act, and in all other cases of mandatory statutory liability.

14.2 In cases of slight negligence, we are only liable for breaches of an essential contractual obligation, meaning an obligation whose fulfillment makes the proper performance of the contract possible in the first place and on whose fulfillment the customer may regularly rely. Liability is then limited to the damage that was foreseeable and typical for this type of contract when it was concluded, and capped at the total fees the customer paid in the twelve months before the event giving rise to the damage.

14.3 For loss of data, our liability for slight negligence is limited to the effort that would have been required to restore the data from a regular backup made by the customer (Section 8.7).

14.4 During the free trial and the limited access under Section 2.4, we are only liable for intent and gross negligence, and for defects only if we fraudulently concealed them (Sections 599 and 600 BGB). Section 14.1 remains unaffected.

14.5 These limitations also apply to our legal representatives, employees, and agents.

15. Force majeure

15.1 Neither party is liable for delays or failures caused by events beyond its reasonable control that could not have been prevented with reasonable care – such as natural disasters, war, terrorism, official orders, widespread power or network outages, labor disputes, or exceptional attacks such as DDoS attacks.

15.2 The affected party informs the other party without undue delay of the start and expected duration. Performance obligations are suspended for the duration and to the extent of the disruption. If continuing the contract becomes unreasonable for a party, it may terminate for good cause.

16. Changes to these Terms

16.1 We may change these Terms with effect for the future if there is a valid reason, such as changes in legislation or case law, new features, or changed technical conditions. We do not change the scope of services or prices this way; Section 6 applies to prices.

16.2 We announce changes by email at least six weeks before they take effect and state what is changing.

16.3 The customer may object to the change in text form until it takes effect and may also terminate the contract as of that date. If the customer objects, the previous Terms continue to apply; we may then terminate the contract with regular notice (Section 7).

16.4 If the customer does not object in time, the change is deemed accepted. This only applies if our announcement expressly pointed out this consequence, the deadline, and the right to object and to terminate.

17. Confidentiality

17.1 Both parties treat non-public business and technical information of the other party as confidential and use it only for the contract. For us, this includes in particular the content the customer stores in SiteRemark, such as comments and screenshots of websites that have not yet been published.

17.2 This does not apply to information that is publicly known, was lawfully obtained from third parties or developed independently, or must be disclosed due to a legal obligation or an official order.

17.3 Employees and subcontractors only receive confidential information to the extent they need it to provide the services, and they are bound to confidentiality. This obligation survives the end of the contract.

18. References

18.1 We only name the customer as a reference, for example with its name and logo, with its prior consent in text form. The customer may withdraw consent at any time with effect for the future.

18.2 We do not publish content from SiteRemark, such as comments or screenshots.

19. Referral program

19.1 Each customer finds a personal referral code in the dashboard. If a new customer enters this code when signing up, it is assigned to the referrer when its account is activated. Each account can only be assigned once; no one can refer themselves.

19.2 A referred customer only counts once it pays for a paid plan. The referrer is then credited with usage time, not money:

After that, each additional paying customer adds one month.

19.3 Each credited month extends the referrer’s access on its plan by one month without charge. If the referrer’s access has already expired, the months count from the day of the credit.

19.4 Credits are not paid out and are not transferable. In cases of abuse, such as fake accounts or unsolicited advertising, we may refuse or revoke credits. We may change or end the program for the future; months already credited are kept.

20. Final provisions

20.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

20.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract is the provider’s registered place of business. We may also sue the customer at its general place of jurisdiction.

20.3 Declarations relating to the contract must be made in text form (Section 126b BGB) unless these Terms provide otherwise; an email is sufficient.

20.4 The customer may only transfer rights under the contract to third parties with our consent; Section 354a of the German Commercial Code (HGB) remains unaffected.

20.5 If any provision of these Terms is invalid, the rest of the contract remains valid. The invalid provision is replaced by the statutory rules.

20.6 These Terms are available in German and English. The German version is binding; this English version is provided for convenience.

Last updated: September 2026