Terms and conditions

(1) These General Terms and Conditions (GTC) apply to all contracts between goetz UG (haftungsbeschränkt), Mannheimer Weg 49, 40229 Düsseldorf, represented by Hendrik Goetzendorff, registered with the Local Court (Amtsgericht) of Düsseldorf under HRB 114870 (hereinafter “goetz”), and its customers concerning the products Brand, Web, Host, Grow, App Development and Agentic AI and the use of the platform “Mein goetz_” (hereinafter the “Platform”).

(2) goetz concludes contracts exclusively with entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal persons under public law and special funds under public law. Consumers within the meaning of § 13 BGB are not served. In the ordering process, the customer declares by means of a separate checkbox that they are acting in the exercise of their trade, business or profession; a person founding a business already acts as an entrepreneur in the preparatory transactions. goetz may refuse or terminate a contract if it transpires that the customer ordered as a consumer.

(3) Deviating, conflicting or supplementary terms and conditions of the customer become part of the contract only if goetz has expressly agreed to their application in text form. This also applies where goetz performs without reservation in the knowledge of such terms.

(4) Definitions: “Fixed-price products” are Brand and Web, including their add-on options. “Term contracts” are Host and Grow. “Projects” are App Development and Agentic AI, which are agreed on the basis of a quotation. “Text form” means § 126b BGB, for example email or a declaration in the customer area of the Platform. “Customer area” is the login area of the Platform.

(5) The version of these GTC in force at the time the contract is concluded applies. goetz makes them available for retrieval and storage in the ordering process and sends them with the contract confirmation.

(1) The presentation of the products on the website and in the Platform does not constitute a binding offer but an invitation to the customer to submit an offer.

(2) Fixed-price products and Host: By completing the payment process, the customer submits a binding offer. Before submitting, the customer may review and correct their entries at any time. The contract for the service is concluded with goetz as soon as goetz confirms the order in text form or commences performance, and at the latest when the ordered service is activated in the Platform. goetz processes the payment via Stripe Managed Payments (§ 4(2)). Grow is concluded by a quotation from goetz in text form and its acceptance by the customer. Until the Platform launches, goetz accepts orders via the start form on the website; in that case the contract is concluded by a quotation from goetz in text form and its acceptance by the customer.

(3) Projects: For App Development and Agentic AI, goetz submits a quotation in text form following an Analysis Sprint or Agentic AI Check. Quotations from goetz are binding for 30 days from receipt unless stated otherwise. The contract is concluded upon the customer's acceptance of the quotation in text form. The Analysis Sprint and the Agentic AI Check are each concluded as a separate contract at the stated fixed price.

(4) The contract language is German. The English version of these GTC is provided for ease of understanding; in the event of discrepancies, the German version prevails.

(5) goetz stores the contract text and sends the customer the contract details and these GTC on a durable medium (email). The customer can view previous orders in the customer area.

(1) Use of the Platform requires a customer account. Registration is by name and email address; login is via a time-limited link sent by email or a comparable procedure. The customer keeps their details up to date and protects access to their email mailbox; declarations made via the account are attributed to the customer to the extent the customer is responsible for any misuse.

(2) The customer account is free of charge. It can be deleted at any time in the customer area or in text form. Current contracts are unaffected by deletion of the account; goetz retains the data required for them until the end of the contract term and of the statutory retention periods.

(3) goetz continuously develops the Platform and may change its functions provided that the contractually owed services are not thereby restricted.

(4) The customer may use the Platform only for their own business purposes and within the law. In particular, automated scraping of the Platform, attempts to circumvent security measures and the entry of unlawful content are prohibited.

(5) Support. The customer addresses questions and requests to goetz via Support in the customer area. Requests in Support are first answered by an AI assistant of goetz ("goetz_AI Assistant"), which is labelled as AI and identifies itself as AI and works with the data of the customer account. At the customer's request, or where the assistant cannot answer a request reliably, an employee of goetz takes over. The assistant gives no commitments on prices, discounts or refunds and no declarations on contract changes, terminations or legal matters; goetz makes such declarations only through an employee. Actions prepared by the assistant, for example a change by AI instruction, are carried out by the Platform only after the customer has confirmed them.

(1) All prices are in euros plus statutory VAT; the total amount including VAT is displayed in the payment process. The prices stated on the website or in the Platform at the time of the order apply; for projects, the prices in the accepted quotation apply.

(2) Stripe Managed Payments. Brand, Web, their add-on options to the extent these are supplied entirely digitally, and Host are paid via Stripe Managed Payments. In this arrangement, Stripe acts towards the customer as the Merchant of Record: the payment is made via Stripe's payment page under the brand “Link”; Stripe collects the price including VAT, calculates and remits the VAT, issues payment receipts and invoices, sends them to the customer by email and handles payment enquiries; the bank statement shows “LINK.COM*” together with the reference goetz. goetz remains the contractual partner for the service, its quality and the rights of use. The terms of Link, which are linked in the payment process, apply to the payment in addition; the customer may also manage their orders, payment methods and subscriptions in their Link account. Means of payment are credit card, debit card, Apple Pay, Google Pay and Link; they are displayed at the start of the payment process. Fixed-price products are due upon ordering. Host is billed monthly in advance or, in the case of annual payment, annually in advance; the first debit is made upon the website's release for go-live.

(3) Grow, projects and services involving personal effort (for example Designer Refinement, custom rework) are invoiced by goetz itself, projects generally in milestones; set-up fees are due upon conclusion of the contract, Grow monthly in advance. goetz's invoices are due for payment in full within 14 days of receipt. goetz issues invoices electronically (e-invoice pursuant to § 14 UStG (German VAT Act), ZUGFeRD/XRechnung format) and delivers them by email or in the customer area; the customer consents to electronic invoicing.

(4) In the event of default in payment, statutory default interest (§ 288(2) BGB) and the lump sum under § 288(5) BGB apply. goetz reserves the right to claim further damages. If, under a term contract, the customer is more than 14 days in default with a not insignificant amount, goetz may, after a reminder setting a reasonable deadline, suspend performance until payment is made; the obligation to pay remains unaffected.

(5) The customer may set off only undisputed claims or claims established by final judgment and may exercise a right of retention only in respect of claims arising from the same contractual relationship.

(6) Under term contracts, goetz does not change prices unilaterally. If goetz wishes to adjust the price, goetz offers the change to the customer in text form at least six weeks before it is intended to take effect. The change applies only if the customer expressly agrees to it. If the customer does not agree, the contract continues at the previous price; goetz may then terminate it by ordinary notice with effect from the end of the current contract term.

(1) The customer provides the information, content, access credentials and decisions required for performance in good time and in full, in particular company details, texts, images, logos, contact details, approvals and, where necessary, access to third-party systems. Agreed dates are postponed by the period during which the customer fails to provide their cooperation; if goetz incurs additional costs as a result, goetz may invoice them after prior notice.

(2) The customer reviews the drafts, previews and results delivered by goetz promptly and communicates requests for corrections in consolidated form, for Web in the correction list provided for this purpose.

(3) The customer designates a contact person who is authorised to take binding decisions.

(1) The customer is solely responsible for all content that the customer provides or enters into the Platform (texts, images, logos, data, names, trade marks, access credentials). The customer warrants that they hold the necessary rights, that the content does not infringe third-party rights and that it does not violate any laws. Before a website is created, the customer confirms in the Platform that they hold the rights to all uploaded images and texts.

(2) The customer grants goetz a non-exclusive right in this content, limited to the performance of the contract, to reproduce, edit and store it, to have it processed by the service providers engaged and, where agreed, to make it publicly available.

(3) The customer indemnifies goetz against third-party claims based on content or specifications provided by the customer infringing third-party rights or violating laws, including the reasonable costs of legal defence, to the extent the customer is responsible for the infringement. goetz informs the customer without undue delay of any claims asserted and, where possible, leaves the defence to the customer.

(4) The customer is responsible for the content of their website, advertising and communications, in particular for the legal notice (§ 5 DDG (German Digital Services Act)), privacy information (Art. 13 GDPR), price indications, labelling and sector-specific obligations. goetz does not provide legal advice. Legal texts that goetz supplies as a draft (add-on option “Legal Text Draft”) are generated automatically from the customer's details; it is for the customer to have them reviewed by a lawyer.

(1) For Brand, Web, Host, Agentic AI and Support in the customer area, goetz uses generative AI systems, including language models from Anthropic and image and vector models via fal.ai. The results (brand profiles, logo drafts, texts, images, website drafts, changes by AI instruction, responses from the agents and the AI assistant) are generated by machine on the basis of the customer's details and checked by goetz in an automated process. The Privacy Policy describes which details are transmitted to AI services; payment data is not transmitted to AI services.

(2) AI systems may generate identical or similar results for different users and may produce erroneous, incomplete or legally problematic output. goetz therefore warrants neither that results are unique nor that copyright or related rights arise in purely AI-generated designs (see § 8(2)). The customer reviews results before using them; for Agentic AI, the approval and control rules in § 19 apply in addition.

(3) Where an AI system operated by goetz interacts directly with humans, in particular in customer support, it identifies itself as AI. goetz marks AI-generated images and videos, where technically available, with machine-readable provenance information (Art. 50 Regulation (EU) 2024/1689).

(1) To the extent that copyright, related rights or other rights in the results delivered by goetz (logos, CI files, brand manual, templates, website texts, images, software, documentation) arise in favour of goetz, its employees or contractors, goetz grants the customer, upon payment in full, the exclusive, transferable and sublicensable right, unlimited in time, territory and content, to use, edit and exploit the results for all known types of use, including registration as a trade mark or design. Rights in the output that goetz is granted or assigned by the providers of the AI systems used are transferred by goetz to the customer to the extent they exist. Until payment in full, use is permitted on a revocable basis.

(2) goetz asserts no rights of its own in the results against the customer. The customer acknowledges that, under current case law, copyright generally does not arise in purely AI-generated designs and that exclusive protection against third parties is obtained only through registration as a trade mark or design.

(3) Excluded from paragraph 1 are pre-existing tools, libraries, frameworks, templates, design elements and reusable components of goetz (“Base Components”) and third-party components. In Base Components, the customer receives a non-exclusive right of use, unlimited in time, to the extent required for the contractual use of the results. Third-party components, in particular open-source software and fonts under free licences, are subject to the licence terms of the respective rights holder; goetz supplies a list of the components with their licences. goetz remains entitled to use know-how, methods and Base Components for other projects.

(4) Reference: After completion of the project, goetz may name the customer as a reference with name and logo and show the results created for the customer on goetz's own website, in presentations and on goetz's social media channels. The customer may object to this at any time in text form with effect for the future; goetz then removes the reference within 14 days. goetz names confidential content and brands not yet published only after their publication by the customer.

(1) goetz delivers the results in the contractually agreed quality. The quality is determined by the respective service description (§§ 14 to 19) and the quotation. Obvious defects must be notified in text form within 14 days of delivery or, for services subject to acceptance, within the acceptance period. In the event of defects, goetz first provides subsequent performance, at its option by rectification or replacement; if this fails twice or is unreasonable, the customer may reduce the price or rescind the contract concerned. Claims for defects in contracts for work and sale become time-barred twelve months after acceptance or delivery; this does not apply to claims for damages under § 10(1) or to fraudulently concealed defects.

(2) Deviations resulting from incorrect, incomplete or unlawful details or content supplied by the customer, from changes made by the customer or third parties without goetz's consent, or from circumstances in the customer's digital environment that goetz identified as a requirement before conclusion of the contract do not constitute defects. Expectations of taste regarding designs do not constitute a defect provided the design corresponds to the customer's details and the service description; the agreed refinement and correction rounds are available for this purpose.

(1) goetz is liable without limitation for damage resulting from injury to life, body or health and for other damage caused by intent or gross negligence on the part of goetz, its legal representatives or vicarious agents.

(2) In the case of property damage and financial loss caused by slight negligence, goetz is liable only for breach of a material contractual obligation, and then limited in amount to the damage that was foreseeable at the time of conclusion of the contract and typical of the contract. Material contractual obligations are those whose fulfilment is essential to the proper performance of the contract in the first place and on whose observance the customer may regularly rely. In the case of slight negligence, liability for loss of profit, savings not achieved, loss of production and other indirect and consequential loss is excluded, to the extent that such loss is not typical of the contract and foreseeable.

(3) Liability under paragraph 2 is limited in total, per contract and contract year, to the remuneration owed by the customer for that contract in the contract year concerned or, for one-off services, to the price of the service, but in any event to no less than €2,500. The parties consider this amount appropriate for the damage typical of the contract and foreseeable; the customer may agree a higher liability sum before conclusion of the contract against an additional charge.

(4) Liability under the German Product Liability Act (ProdHaftG), under a guarantee assumed by goetz and for fraudulently concealed defects remains unaffected. The limitations in paragraphs 2 and 3 do not apply in the cases set out in paragraph 1.

(5) To the extent that goetz's liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.

(6) goetz is liable for loss of data within the scope of paragraphs 1 to 5; in the case of slight negligence, liability is limited to the recovery effort that would have been incurred had the customer backed up the data properly, to the extent the customer is required under these GTC to make their own backups (§ 16(7)).

(1) Each party treats information of the other party that is marked as confidential or is recognisably confidential (in particular business figures, customer data, source code, access credentials) as confidential and uses it only for the performance of the contract. This obligation continues for three years after the end of the contract; for trade secrets within the meaning of the GeschGehG (German Trade Secrets Act), it applies indefinitely.

(2) goetz processes personal data in accordance with the Privacy Policy at goetzcompany.com/en/legal/privacy/. To the extent that goetz processes personal data on behalf of the customer, in particular for Host, Grow, App Development with operation and Agentic AI, the parties conclude the data processing agreement in Annex 1, which becomes part of the respective contract.

(1) Host has a minimum term of twelve months, Grow of three months, in each case from conclusion of the contract. Thereafter the contract is extended for an indefinite period and may be terminated by either party at any time on one month's notice to the end of a month. Termination with effect from the end of the minimum term is possible on one month's notice. In the case of annual payment, any annual fee already paid at the time of termination is refunded pro rata for the months after the end of the contract, less the benefit of annual payment (two months).

(2) Termination requires text form. The customer may additionally terminate Host in the customer area or in their Link account; goetz confirms the content, time of receipt and effective date of termination by email. Until the Platform is available, an email to info@goetzcompany.com suffices.

(3) The right of either party to terminate for good cause without notice remains unaffected. Good cause exists for goetz in particular where the customer, despite a reminder, is in default with two monthly fees or, despite a warning, disseminates unlawful content via goetz's services.

(4) An upgrade to a higher Host package is possible at any time; a downgrade to a lower package takes effect at the end of the current contract term.

(5) The consequences of the end of the contract for data, domains and export are governed by § 16(8) to (10).

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the customer is a merchant (Kaufmann), a legal person under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract is Düsseldorf. goetz may also bring proceedings against the customer at the customer's general place of jurisdiction.

(3) goetz does not participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG (German Consumer Dispute Resolution Act)).

(4) goetz offers amendments to these GTC for existing term contracts to the customer in text form. They take effect only if the customer expressly agrees. This does not apply to amendments that goetz is required to make due to changes in legislation, supreme court case law or regulatory requirements; goetz announces such amendments at least six weeks in advance, and the customer may terminate the contract up to the date on which they take effect, with effect from that date.

(5) Should any provision of these GTC be invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions.

(1) Service. Brand is a digital product. On the basis of a questionnaire (eight topic blocks), goetz uses AI systems to create a brand profile (positioning, values, tone of voice, three design directions), ten logo drafts in three styles with a focus on the direction chosen by the customer, up to two refinement rounds for the chosen draft and a CI package for download: logo in light, dark and icon variants as SVG, PNG and PDF, favicon set, colour palette with contrast values, two fonts under free licences, templates for business card, letterhead, email signature and social media formats, brand manual as PDF and design tokens. The CI package remains available for download in the customer area for at least 24 months after completion.

(2) Process. Account, questionnaire, payment, brand profile, selection, refinement, CI package. Creation begins immediately after payment; the brand profile and drafts are generally produced within a few minutes. Statements on duration are based on experience and do not constitute a warranty.

(3) Price. €49 plus VAT, due upon ordering. Add-on options (additional refinement round, Trademark Assistant, Designer Refinement, print files) are ordered separately at the prices displayed in the Platform.

(4) Creation and protection. The drafts are created using generative AI systems. The customer may use the chosen draft and the CI package without restriction in accordance with § 8. goetz gives no warranty that copyright arises in the drafts or that third parties do not use identical or similar designs. Exclusive protection is obtained through registration as a trade mark, which the customer arranges themselves.

(5) No trade mark search. A search as to whether the drafts or the name chosen by the customer conflict with trade marks, company names, designs or copyrights of third parties is not part of the Brand contract. goetz points out that the use of a sign in the course of trade may infringe prior rights of third parties (§ 14 MarkenG (German Trade Mark Act)) and that a reliable assessment requires an identity and similarity search with expert evaluation. goetz recommends a search of the registers of the DPMA, the EUIPO and WIPO and a review by a lawyer or patent attorney before use. The add-on option “Trademark Assistant” provides an automated similarity search, a class suggestion and a pre-filled application form; it does not replace a review by a lawyer or legal advice. The customer files the application themselves.

(6) Designer Refinement. The Designer Refinement (€189 plus VAT) is a design service provided by goetz: a designer reworks the chosen draft according to the customer's specifications and produces clean final artwork. goetz documents the design decisions so that the customer can set them out in the event of a dispute.

(7) No refund. Once creation has begun, there is no entitlement to a refund of the price unless a statutory right in respect of defects exists. If the customer does not like any draft, the refinement rounds, an additional refinement round or the Designer Refinement are available. Stripe, as Merchant of Record, may refund as a gesture of goodwill within 60 days of purchase; the customer has no entitlement to this.

(1) Service. Web is the creation of a complete website with up to five pages in the Platform: choice of three designs featuring the customer's brand (from Brand or via logo upload), incorporation of the customer's content, on request drafting from bullet points, contact form with spam protection, legal notice from the customer's details, space for the privacy policy, mobile optimisation, low-barrier implementation, SEO basics (titles, descriptions, structured data, sitemap) and an automated check of loading time, accessibility and findability. Two correction rounds, each in the form of a consolidated correction list with up to 15 items, are included.

(2) Process. Brand, payment, designs (three to choose from), content, creation, correction, go-live. Before creation, the customer confirms that their content is complete and that they hold the rights to it.

(3) Price. €149 plus VAT, due upon ordering. Add-on options (additional page, second language, news module, design change, Legal Text Draft, Code Export, custom rework) are ordered separately.

(4) Operation. The website is operated via Host, which is preselected in the ordering process and becomes chargeable only upon release for go-live (§ 16). Customers who wish to operate the website themselves order the Code Export; goetz then delivers the website as static code with a component list and licence notices for download. Without Host and without Code Export, the finished website remains available in the preview of the customer area for 90 days.

(5) Legal texts. A legal notice and placeholders for the privacy policy, terms and conditions and cancellation policy are technically provided for. The customer supplies the content of these texts or orders the Legal Text Draft. The Legal Text Draft is generated automatically from a questionnaire, is not a legal service and does not replace a review by a lawyer.

(6) Acceptance. The website is deemed accepted when the customer releases it for go-live in the Platform or when, after the preview has been provided and the correction list completed, the customer does not notify material deviations from the service description in text form within 14 days. goetz draws attention to this when providing the preview.

(7) Changes after the correction rounds are made via Host from the Plus package, as individually ordered changes or via App Development.

(1) Service. Host comprises (a) the one-off set-up and go-live of the website (deployment: registering or transferring the domain, setting up the server and TLS certificate, publishing and checking the website) without a set-up fee and (b) ongoing operation: storage space and runtime environment on servers in Germany, TLS, daily backups retained for 30 days, monitoring and fault resolution, spam protection for forms, cookie-free visitor statistics, SEO basics and support via Support in the customer area (§ 3(5)). All Host services are provided in an automated manner via the Platform; personal work on the website is not owed and is commissioned as App Development or individually. The scope of each package (Basic, Plus, Pro, Partner: number of domains, quota of changes by AI instruction, email forwarding, CDN and attack protection, monthly report, SEO check, scheduled content, design change, conversion tracking with consent solution, priorities) is set out in the package description on the website and in the Platform at the time of the order. Mailboxes with spam and virus protection are included depending on the package (Plus 1, Pro 2, Partner 5). Additional domains and custom extensions can be ordered in addition.

(2) Response times. Requests handled by an employee are generally answered by goetz within two working days, in the Pro and Partner packages generally by the next working day. Faults affecting the availability of the website are resolved by goetz as a priority. These figures are target values; a specific response or resolution time is owed only if separately agreed.

(3) Availability. goetz provides the hosting environment with an availability of 99.5% on a monthly average at the handover point to the internet. The following do not count as unavailability: announced maintenance windows of up to four hours per calendar month, which goetz announces at least 48 hours in advance and which fall between 23:00 and 06:00; faults in parts of the internet outside goetz's sphere of influence; outages due to force majeure or third-party attacks, provided goetz has taken the protective measures that are reasonable according to the state of the art; and outages resulting from the customer's content or specifications. goetz's statutory liability is unaffected by this service description and is governed by § 10.

(4) Changes by AI instruction. From the Plus package, the customer describes the desired changes to content and design in the customer area; the Platform implements them automatically using language models (§ 7), checks the result and publishes it after the customer's approval. The quota per package is set out in the package description; unused changes lapse at the end of the month. Each publication approved by the customer counts as one change; revisions before approval are not counted separately. Changes that the Platform cannot implement, as well as new functions, shops, booking systems and interfaces, are App Development.

(5) Domains held as trustee. goetz registers the domains included in the package and any additionally ordered domains via a registrar in its own name, but holds them in trust exclusively for the customer. The customer is the beneficial owner and sole user of the domain; goetz exercises the rights under the domain contract only in accordance with the customer's instructions, does not use the domain for its own purposes and transfers it to the customer or to a third party designated by the customer at any time on request, and at the latest at the end of the contract, in accordance with paragraph 9. The terms of the registry apply in addition: for .de, the DENIC Domain Terms and Conditions and Domain Guidelines (denic.de); for generic domains, the ICANN policies, in particular the Transfer Policy and the Expired Registration Recovery Policy; goetz discloses the identity of the customer as the user of the domain if the registry or a third party with a legitimate interest so requires. goetz has no influence over decisions of the registry and does not owe the allocation of a specific domain. The customer chooses the domain, checks before registration that it does not infringe rights in names, trade marks or other rights of third parties, indemnifies goetz against third-party claims arising from the registration and use of the domain in accordance with § 6(3) and provides the details that the registry requires regarding the user. Domains included in the package apply to the extensions .de, .com, .eu and .net; other extensions are charged according to effort.

(6) Content, notices, suspension. The customer is solely responsible for the content stored via Host (§ 6). goetz does not review content in advance and does not monitor it generally. Any person may report content they consider unlawful to goetz by email to info@goetzcompany.com; goetz confirms receipt, examines the report promptly, diligently and objectively, gives the customer the opportunity to respond and communicates its decision with reasons (Art. 16, 17 Regulation (EU) 2022/2065). goetz may temporarily suspend access to content or to the service if goetz obtains knowledge of unlawful content or specific indications reveal unlawfulness without a detailed legal examination, if an official or court order so requires, if the content poses a specific threat to the security of goetz's or third parties' systems (for example malware, spam distribution) or if the customer, despite a reminder, is in default with a not insignificant amount. goetz chooses the mildest suitable means, informs the customer without undue delay stating the reasons and lifts the suspension as soon as the reason ceases to apply.

(7) Backups. goetz backs up the hosting environment including customer content daily and retains the backups for 30 days; on request, goetz restores the last available state. The backups serve to restore the service and do not replace archiving. The customer is required to additionally back up, via the export in the customer area, any data whose loss would be significant for them; if the customer fails to do so, this is taken into account as contributory negligence in any claim for damages. Mailboxes are backed up by the email service (Annex 1) under its own terms; the customer is required to additionally back up important emails in their mail application.

(8) End of contract and export. Upon termination or at any other time, the customer may request the export of their data. goetz makes all exportable data (website files, content and images, DNS configuration) available in the customer area in a common, machine-readable format; the customer can retrieve emails in mailboxes at any time via IMAP with a mail application, with instructions in the customer area. goetz maintains the service until the end of the contract and provides reasonable assistance with the switch. After the end of the contract, the data remains retrievable for at least 30 calendar days. Thereafter goetz deletes all customer data including backups, unless statutory retention obligations prevent this. goetz charges no fees for the switch.

(9) Domain transfer. The customer may at any time request that goetz transfers a domain to the customer or to a third party designated by the customer, or transfers it to another provider. goetz initiates the transfer no later than five calendar days after the request, provides the auth code and lifts transfer locks. In respect of due, undisputed fees under the contract, goetz may withhold the transfer until payment is made (§ 273 BGB); in respect of disputed claims, it may not. For generic domains, a transfer may be blocked by the registry within 60 days of registration, of a previous transfer or of a change of holder. Upon termination, goetz requests the customer to indicate by the end of the contract to whom the domain is to be transferred or to which provider it is to be moved. If no instruction is received, goetz transfers the domain to the customer as holder and releases .de domains into direct administration by DENIC (TRANSIT) and generic domains in accordance with the rules of the registry; the customer then bears the registry's fees. goetz deletes domains only on the customer's express instruction. Domain fees already paid to the registry are not refunded.

(10) Data processing. The processing of personal data in the context of Host (visitor data, forms, mailboxes, statistics) is governed by the data processing agreement in Annex 1.

(11) Conversion tracking in the Partner package. In the Partner package, goetz sets up via the Platform a consent solution with Google Consent Mode and the technical basis for conversion tracking on the website. Data is transferred to advertising or analytics platforms only once the customer connects its own account or commissions Grow, and only with the visitors' consent. The customer remains the controller under data protection law as operator of the website; it reviews and approves the texts and settings of the consent solution.

(1) Service. Grow comprises, at the customer's choice, Google Ads, ChatGPT Ads and SEO for Google and AI search. Google Ads and ChatGPT Ads include the one-off set-up (strategy call, written advertising strategy with objectives, target groups, channels, messages and key figures, set-up of the advertising accounts, campaigns, conversion tracking and linking of the landing pages) and ongoing management (management of bids and budgets, ad creation, tests, optimisation towards the agreed objectives, monthly report with enquiries, sales and cost per result). SEO comprises a monthly review of the website, improvement of content and structure and a report. The advertising strategy is approved jointly by both parties.

(2) Prices. Google Ads and ChatGPT Ads: set-up €290, management €149 per month, in each case plus VAT. SEO: €149 per month plus VAT, with no set-up fee. Customers with an existing Host contract in the Partner package pay no set-up fee for Google Ads and ChatGPT Ads. The customer pays the advertising budget directly to the respective platform; it is not part of goetz's remuneration. goetz states platform costs in reports in the amount charged by the platform.

(3) No success owed. The set-up is deemed accepted upon activation of the first campaign and handover of access. Ongoing management and SEO are services: goetz owes professional activity in line with industry practice, not a specific result. Rankings, reach, click numbers, enquiries and revenue depend on factors beyond goetz's control, in particular the algorithms, policies and approval decisions of the platforms and search engines, competition, and the customer's offering and website. Target values in strategies and reports are planning figures.

(4) Advertising accounts. The advertising accounts are held in the customer's name; the customer is the contractual partner of the platform (for example Google Ireland Limited, OpenAI Ireland Ltd) and accepts its terms of use and advertising policies. goetz receives administrative access for the term of the contract. The customer meets the platform's advertiser verification requirements; goetz is not responsible for delays or rejections by the platform. At the end of the contract, the customer revokes goetz's access; all campaigns, keywords, ads and settings remain in the customer's account.

(5) Platform availability. Grow requires that the respective platform is available to the customer, their sector and their place of business and activates the account. According to OpenAI, ads in ChatGPT are shown only to certain user groups, do not influence ChatGPT's answers and are subject to OpenAI's advertising policies. If a platform is not available to the customer or rejects the account, either party may terminate the part of the contract relating to that platform; set-up services already rendered are remunerated pro rata.

(6) Responsibility for advertising content. goetz creates ads on the basis of the customer's details regarding products, prices and services and reviews them with the diligence of an advertising agency for obvious violations of competition and trade mark law and of the platform's policies. The customer approves ads and landing pages before they are first run. The customer is responsible for ensuring that their details are correct, that landing pages and offering comply with all information and labelling obligations and that they are entitled to use the advertised trade marks, images and texts; in this respect, the indemnity under § 6(3) applies. goetz indemnifies the customer to the extent that a violation is based on an ad designed by goetz without any specification from the customer and goetz is responsible for it. The platform may reject ads and restrict accounts; goetz assists with appeals but is not liable for the platform's decisions.

(7) Tracking. For conversion tracking on the customer's website, the customer as operator is the controller under data protection law; goetz sets up tracking only in accordance with the customer's specifications and, where required, using a consent solution provided by the customer or the consent solution from Host Partner (§ 16(11)).

(1) Analysis Sprint. The Analysis Sprint (€490 plus VAT) is a separate contract. Its result is a document setting out scope, proposed solution, fixed price or binding budget range and schedule. If the customer commissions the project within three months of handover, the price of the Analysis Sprint is credited in full against the project.

(2) Service. The subject of the project is the development of the software described in the quotation (apps, shops and B2B commerce, customer and partner portals, booking and order systems, logistics and resource planning, financial controlling and accounting) following the process of analysis, solution design, development, testing, deployment and, where agreed, operation. Scope, quality and acceptance criteria are set out in the quotation and the specification derived from it. Unless otherwise agreed, goetz owes software that corresponds to the state of the art at a medium standard of execution.

(3) Changes. If the customer requests changes to the agreed scope, goetz examines the effects on price and schedule and submits a change quotation. Until acceptance, goetz continues to work on the basis of the existing scope. Fixed prices apply to the agreed scope; additional charges arise only if the commission changes.

(4) Acceptance. goetz delivers the software for acceptance in the agreed milestones. The customer reviews it within 14 days of provision and declares acceptance or notifies material defects in text form. Acceptance is deemed to have taken place if the customer does not notify material defects within this period or uses the software productively; goetz draws attention to this upon provision. Immaterial defects do not entitle the customer to refuse acceptance.

(5) Rights of use and source code. Upon payment in full, goetz grants the customer the rights under § 8(1) in the software created individually for the customer (§ 69c nos. 1, 2, 4 UrhG (German Copyright Act)), including the right to edit and further develop it. Upon acceptance, goetz hands over the source code of the individually created software including build instructions and documentation in a common repository format. Base Components and third-party components are governed by § 8(3); goetz uses copyleft-licensed components (for example GPL, AGPL) only after prior consultation.

(6) Operation. If goetz takes over the operation of the software, the provisions on Host (§ 16(2), (3), (6) to (8)) and Annex 1 apply accordingly; scope, term and remuneration are set out in the quotation.

(7) Warranty. § 9 applies; claims for defects become time-barred twelve months after acceptance.

(1) Service. Agentic AI is the set-up and operation of specialised AI agents that perform tasks on behalf of the customer, in particular in the areas of accounting, orders, customer support and social media marketing. The Agentic AI Check (€490 plus VAT) is a separate contract: goetz assesses which tasks are suitable, determines with the customer which data the agents see and where it is processed, and plans the pilot. The pilot (generally 30 days) and ongoing operation are agreed on the basis of a quotation and billed monthly by invoice.

(2) Decisions remain with the customer. The agents act within the rules and approvals defined in the quotation. Decisions with legal or economic effect towards third parties, in particular the conclusion or termination of contracts, payments, reminders, the rejection of enquiries or the publication of content, are taken by the customer or a person designated by the customer, unless the customer has expressly approved automated execution for specific standard cases. The agents submit everything else to the customer for decision. The customer monitors the results, reviews them at reasonable intervals and reports misconduct to goetz without undue delay.

(3) Accounting. The accounting agent is software that captures and checks receipts, prepares posting proposals and prepares the advance VAT return, annual financial statements and tax returns. The customer reviews the postings, is responsible for their own bookkeeping and submits returns to the tax authorities themselves. goetz does not provide assistance in tax matters within the meaning of the StBerG (German Tax Advisory Act) and no tax advice in individual cases; this remains reserved to the professions authorised for that purpose. Compliance with the principles of proper accounting within the customer's organisation is the customer's responsibility; goetz provides logs, unaltered receipt archives and checksums for this purpose.

(4) Customer support and orders. The support agent answers enquiries via email, website chat and social media channels using the knowledge approved by the customer (FAQ, product data, prices, opening hours, status) and identifies itself to users as AI. It hands over special cases and all cases outside the approved rules to the customer's team. Quotations, order confirmations and invoices created by the order agent are approved by the customer or sent automatically for defined standard cases; they remain editable at all times. Declarations made by an agent within the rules approved by the customer are attributed to the customer.

(5) Social media. The social media agent develops topics, creates texts, images and short videos using AI systems and publishes them, after approval, on the customer's channels (currently Instagram and Facebook). Two approvals apply: first the concept with costs per campaign, then each individual post; nothing is published without approval. The customer is the owner of the channels, accepts the platforms' terms of use (Meta Platforms Ireland Limited) and grants goetz the technical permissions; the agent handles direct messages and comments only if expressly agreed. The customer labels advertising content and collaborations in accordance with § 5a(4) UWG (German Act against Unfair Competition) and § 6 DDG; goetz provides the technical means for labelling. The costs of media generation (image and video models) are budgeted per campaign and consumed only with approval.

(6) Data and systems. The parties determine in the Agentic AI Check and in the quotation which data the agents process, on which systems they run (at the customer's premises or on servers in the EU) and which AI services, including those outside the EU, are integrated. The data processing agreement in Annex 1 with the sub-processors named therein applies. The customer ensures that they are entitled to lawfully process the data they make available to the agents and to pass it on to goetz and the integrated services, and informs their customers, employees and business partners in accordance with Art. 13 and 14 GDPR.

(7) Term and termination. The pilot and operation are concluded for the term stated in the quotation; thereafter § 12 applies accordingly with a notice period of one month to the end of a month. At the end of the contract, goetz hands over the customer's data, logs and configurations to the customer and deletes them in accordance with § 16(8).

(8) Liability. § 10 applies. goetz is not liable for results that the customer has approved or has failed to correct despite recognisable errors, to the extent that the error was recognisable to the customer during the agreed review.

1. Subject Matter, Duration, Roles

(1) This agreement specifies the parties' data protection obligations to the extent that goetz processes personal data on behalf of the customer in the context of Host, Grow, the operation of software from App Development or Agentic AI (hereinafter the “Main Contract”). The customer is the controller; goetz is the processor. This agreement applies for the duration of the Main Contract.

(2) The nature and purpose of the processing, the type of data and the categories of data subjects are set out in the Main Contract and its service description; typically these are: for Host, access data of website visitors, form entries, email correspondence in mailboxes, cookie-free statistical data and, in the Partner package, records of consent; for Grow, conversion and campaign data; for Agentic AI, receipts, bank and invoice data, customer data, enquiries from email, chat and social media and the content required for processing them. Data subjects are the customer's customers, prospects, suppliers, employees and business partners as well as visitors to the customer's website and channels. Special categories of data (Art. 9 GDPR) are processed only if the customer expressly so determines in the Agentic AI Check.

2. Instructions

(1) goetz processes personal data only on documented instructions from the customer. Instructions arise from the Main Contract, the settings in the customer area and the rules defined in the Agentic AI Check; the customer issues further instructions in text form. If goetz considers an instruction to be unlawful, goetz informs the customer without undue delay and may suspend its execution until the matter is clarified.

(2) goetz processes the data exclusively in Member States of the EU or the EEA. Transfers to third countries take place only via the sub-processors named in clause 5 on the basis of an adequacy decision or the European Commission's standard contractual clauses (Implementing Decision (EU) 2021/914) and, where the Main Contract so provides, on the customer's instruction.

3. Obligations of goetz

(1) goetz binds all persons who have access to the data to confidentiality and ensures that they process the data only on instruction.

(2) goetz implements the technical and organisational measures under Art. 32 GDPR, in particular: transport encryption (TLS) and encrypted storage of backups; access only via personal, logged accounts with multi-factor authentication; allocation of rights according to the principle of least privilege; separation of the data of different customers; daily backups retained for 30 days in a separate storage location; monitoring of systems and logging of security-relevant events; data centres in Germany with physical access control (operators certified to ISO 27001); for AI services: no use of the data for training, deactivation of optional storage where the service offers this, and transmission of only the data required for the task; regular review and adaptation of the measures. goetz provides the customer with a current description of the measures on request.

(3) goetz supports the customer with appropriate measures in fulfilling the rights of data subjects (Art. 12 to 22 GDPR), in ensuring the security of processing, in notifying personal data breaches and in carrying out data protection impact assessments (Art. 32 to 36 GDPR). goetz forwards requests from data subjects that reach goetz to the customer without undue delay.

(4) goetz notifies the customer of any personal data breach without undue delay and no later than 36 hours after becoming aware of it, with the information under Art. 33(3) GDPR to the extent available.

(5) goetz makes available to the customer all information necessary to demonstrate compliance with this agreement and allows for and contributes to audits, including inspections, conducted by the customer or an auditor mandated by the customer after notice with a reasonable lead time during normal business hours, no more than once a year unless there is a specific reason. goetz may also provide evidence by means of current attestations, reports or certifications from independent bodies.

(6) goetz maintains a record of processing activities pursuant to Art. 30(2) GDPR.

4. Obligations of the Customer

The customer is responsible for the lawfulness of the processing and for safeguarding the rights of data subjects. The customer issues instructions in good time and in text form, informs goetz without undue delay of any errors or irregularities, ensures that they are entitled to transfer the data to goetz and the sub-processors, and maintains the settings in the customer area that control the processing.

5. Sub-processors

(1) The customer gives general authorisation for the engagement of the following sub-processors:

Which sub-processors are engaged in a given case follows from the Main Contract; for Host, these are Hetzner and INWX, for mailboxes additionally Heinlein Hosting, and for changes by AI instruction additionally Anthropic. goetz transmits operational analyses (availability, errors, loading time) to Anthropic only in aggregated form, without IP addresses or other data of individual visitors.

(2) goetz informs the customer in text form at least 30 days before engaging a new sub-processor or replacing an existing one. The customer may object within 14 days on substantial grounds relating to data protection. If the parties do not reach agreement, either party may terminate the affected part of the Main Contract with effect from the date of the planned engagement.

(3) goetz imposes on sub-processors by contract the same data protection obligations as are set out in this agreement and remains responsible to the customer for compliance.

6. Deletion and Return

After the end of the Main Contract, goetz makes the data available for export or deletes it, at the customer's choice; the procedure is governed by § 16(8) of the GTC. After expiry of the retrieval period, goetz deletes all data including backups, unless a statutory retention obligation exists, and confirms the deletion in text form on request.

7. Liability and Final Provisions

Liability is governed by § 10 of the GTC; Art. 82 GDPR remains unaffected. In the event of conflict, this agreement takes precedence over the provisions of the Main Contract insofar as data protection is concerned. German law applies; § 13 of the GTC applies accordingly.