1. Scope of Application

1.1 These Terms and Conditions (hereinafter “T&C”) govern all contracts between the Provider and its customers regarding the use of the software “Whistleblowing System – WordPress Plugin” (hereinafter “Plugin”).

1.2 These T&C apply to all natural and legal persons who use the Plugin free of charge or for a fee, regardless of whether they act as consumers or entrepreneurs.

1.3 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or legally capable partnership acting in the exercise of their commercial or self-employed activity when concluding the contract.

1.4 By completing an order, activating a license, or using paid functions, the user declares that they have read, understood, and accepted these T&C.

1.5 Conflicting or deviating terms of the user shall not apply unless expressly agreed in writing by the Provider.

1.6 These T&C apply worldwide. Mandatory consumer protection regulations of the user’s country of residence remain unaffected.

2. License and Use of the Plugin

2.1 The Provider grants the user a non-exclusive, non-transferable right limited to the duration of the respective subscription to use the software in the agreed hardware and software environment for private and/or commercial purposes.

2.2 The following license types are available:

a) Free Version
Use without a license key with limited functionality and without entitlement to updates or support.

b) Single License
Use on one (1) website within a WordPress installation.

c) Multi-Site License
Use on multiple websites in accordance with the conditions specified during the ordering process.

The applicable license conditions, scope of services, and prices are displayed during the ordering process.

2.3 The Plugin may only be used within the scope of the acquired license. Distribution, duplication, rental, sublicensing, public access, or other commercial use is prohibited unless expressly permitted by these T&C or a separate written agreement.

2.4 After expiration or termination of the subscription, the restrictions pursuant to Section 4.6 apply. In this case, frontend use may remain possible, while in particular the following areas may be restricted or deactivated:

Configuration and administration functions in the backend,
Premium functions,
Software updates,
Technical support.

2.5 The user does not acquire ownership or intellectual property rights to the software. All rights, in particular copyrights, trademark rights, and source code rights, remain with the Provider.

2.6 It is prohibited to remove, bypass, manipulate, or otherwise disable technical protection measures, license checks, copy protection mechanisms, or security functions without the Provider’s express written consent.

2.7 The user is responsible for informing themselves about the functions, application possibilities, technical requirements, and compatibility of the software before concluding the contract. The user bears the risk of whether the software meets their individual requirements, legal obligations, or internal processes.

2.8 The setup, configuration, and operation of a suitable technical environment (including hosting, servers, WordPress versions, plugins, security measures, and backups) are entirely the user’s responsibility.

3. Usage Restrictions and Use by Agencies

3.1 The Plugin may only be used for lawful purposes and in compliance with all applicable national and international laws, regulations, and official requirements.

3.2 The user must use the Plugin in a manner that does not infringe third-party rights, in particular personal rights, data protection rights, copyrights, or trade secrets.

3.3 Each license is limited to the number of websites specified during purchase. Any use beyond this scope requires prior consent from the Provider.

3.4 Without explicit permission, it is prohibited to:

a) reproduce, duplicate, or distribute the Plugin,
b) sell, rent, or lease it,
c) make it publicly accessible,
d) integrate it into other software products.

3.5 Any modification, manipulation, or circumvention of the source code, license mechanisms, or technical protection measures is prohibited.

3.6 The use of the Plugin for unauthorized data collection, monitoring, profiling, or illegal data processing is prohibited.

3.7 In the event of violations or justified suspicion of misuse, the Provider may:

a) temporarily block access,
b) restrict functions,
c) deactivate licenses,
d) terminate contracts without notice.

3.8 Use by Agencies, Freelancers, and Service Providers

Agencies and freelancers may purchase, install, and configure the Plugin for client projects if they are the license holders.

License transfer to end customers is only permitted if:

a) the agency no longer uses the license,
b) no parallel use exists,
c) the end customer has been informed of these T&C.

The license remains with the original license holder. Direct resale, sublicensing, or transfer is prohibited.

3.9 WordPress Multisite

Each subsite in a WordPress multisite network is considered an independent website. A valid license is required for each subsite where the Plugin is used. Network-wide use requires a suitable multi-site license.

4. Fees, License Term, Subscription and Payment Terms

4.1 Free Version

4.1.1 The Provider offers a free version of the Plugin that can be used without a license key.

4.1.2 The free version has limited functionality and in particular includes:

• no access to all premium functions,
• no regular software updates,
• no entitlement to technical support.

4.1.3 The Provider reserves the right to modify, restrict, or discontinue the scope, functions, or availability of the free version at any time.

4.2 Paid Versions and License Models

4.2.1 The Provider offers paid versions of the Plugin as part of a subscription model.

4.2.2 In particular, the following license models are available:

a) Single License
Use on one (1) website within a WordPress installation.

b) Multi-Site License
Use on multiple websites in accordance with the conditions specified during the ordering process.

4.2.3 After purchasing a paid version, the user receives an individual license key for activating the Plugin.

4.2.4 All paid licenses are offered as annual subscriptions with a minimum term of twelve (12) months.

4.2.5 The subscription fee must be paid in advance for the entire contractual term.

4.2.6 Discounts and Promotional Offers: Discount codes, vouchers, or other price reductions apply exclusively to the respective billing period and generally only to the initial contract conclusion, unless expressly agreed otherwise.

If a subscription is concluded as part of a limited-time promotional campaign or at a permanently reduced offer price, the reduced price shall also apply to automatic renewals, unless the promotion is explicitly limited to the initial purchase.

Discount codes redeemed during the ordering process do not apply to future renewals. From the next billing period onwards, the regular price shall apply.

4.2.7 Authoritative Price in the Ordering Process

The prices, discounts, savings information or other promotional statements displayed on the website, in banners, advertisements, newsletters or other informational materials are provided for general informational purposes only and do not constitute a binding offer.

The only binding and authoritative price is the one displayed to the user during the specific ordering process in the online shop immediately before completing the purchase.

By submitting the order, the user confirms that they have taken note of the price displayed in the checkout process and accept it as the contractual basis.

Deviating or erroneous price information outside the ordering process does not give rise to any claim to a specific price or discount.

4.3 Ordering Process and Contractual Offer

4.3.1 The user submits a legally binding contractual offer by completing the order process in the online shop and initiating payment.

4.3.2 The contract is concluded when the Provider accepts the offer by sending an order confirmation by email or activating the license.

4.3.3 The Provider is entitled to reject contractual offers without stating reasons if there are objective grounds for doing so.

4.4 Order Processing and Communication

4.4.1 The entire contract processing is carried out electronically, in particular by email.

4.4.2 The user is obliged to provide a valid and accessible email address.

4.4.3 The user must ensure that emails from the Provider can be received (e.g., by configuring spam filters accordingly).

4.4.4 Any disadvantages resulting from incorrect or unreachable email addresses shall be borne by the user.

4.5 Payment Methods and Payment Processing

4.5.1 Payment is processed via the payment service providers offered in the online shop, in particular via Stripe.

4.5.2 Supported payment methods may include in particular:

• Credit card,
• SEPA direct debit,
• Apple Pay,
• Google Pay.

4.5.3 The Provider does not store complete payment data of the user.

4.5.4 The Provider reserves the right to modify or deactivate individual payment methods at any time.

4.6 Restrictions After License Expiration

4.6.1 After expiration of the subscription, the Plugin may continue to be used in a restricted form.

4.6.2 In particular, the following restrictions apply after expiration:

a) Frontend usage generally remains possible.
b) Configuration and administration functions in the backend may be deactivated.
c) Access to premium functions, updates, and support ends.
d) License expiration notices may be displayed.
e) Individual functions (e.g., forms, reports, or automations) may be restricted or disabled.

4.6.3 The Provider reserves the right to adjust the type and scope of these restrictions, provided that the basic purpose of the Plugin is not completely eliminated.

4.7 Updates and Premium Support

4.7.1 During the active subscription period, the user has access to:

• software updates,
• bug fixes,
• security-related updates,
• premium support.

4.7.2 Premium support includes, in particular, assistance with technical questions related to the Plugin.

4.7.2a Premium support does not include any obligation to meet specific response or resolution times and, in particular, does not include 24/7 availability, on-site support, or individual programming services, unless expressly agreed in writing.

4.7.3 After expiration of the license, there is no entitlement to updates or support unless the subscription is renewed.

4.8 Contract Renewal and Termination

4.8.1 The subscription is automatically renewed for further twelve (12) months unless terminated before the end of the respective contract term.

4.8.2 Termination is possible at any time via the customer account or by email and becomes effective at the end of the respective contract term.

4.8.3 After effective termination, access remains until the end of the paid term. Early termination does not result in any proportional or retroactive refund.

4.8.4 Termination takes effect exclusively for the future. Retroactive termination of the contract is excluded.

4.8.5 The Provider informs the user by email at least fourteen (14) days before automatic renewal.

4.9 Right of Withdrawal and Refunds

4.9.1 Consumers are entitled to the statutory right of withdrawal of fourteen (14) days.

4.9.2 In addition, the Provider grants a voluntary thirty (30) day money-back guarantee from the date of contract conclusion.

4.9.3 In the case of digital content that is not supplied on a tangible medium, the right of withdrawal shall expire once the provider has begun performing the contract after the user has expressly agreed that the provider may begin performance before the expiry of the withdrawal period and has confirmed that they are aware that they lose their right of withdrawal as a result.

4.9.4 A refund after the expiration of the 30-day guarantee shall only be granted if there is a substantial and permanent functional defect that could not be remedied despite written notice of defects and the granting of a reasonable period of at least fourteen (14) days for rectification, and which permanently prevents contractual use.

4.9.5 After expiration of the 30-day period, refunds are excluded unless there is a substantial and permanent malfunction that makes contractual use impossible.

4.9.6 Statutory claims remain unaffected.

5. Liability and Limitation of Liability

5.1 Unlimited Liability

The Provider shall be liable without limitation for damages caused by intent or gross negligence, as well as for damages resulting from injury to life, body, or health.

5.2 Liability in Case of Slight Negligence

In cases of slight negligence, the Provider shall only be liable if an essential contractual obligation (so-called cardinal obligation) has been violated.

In such cases, liability shall be limited to the typical and foreseeable damage.

5.3 Exclusion of Liability for Certain Causes

The Provider assumes no liability for damages arising from:

a) improper use of the Plugin,
b) incorrect configuration by the user,
c) incompatible third-party software or plugins,
d) unsuitable server or hosting environments,
e) security vulnerabilities outside the Provider’s sphere of influence.

5.4 Data Loss

The Provider shall not be liable for data loss if the damage could have been avoided by regular and reasonable data backups by the user.

5.5 Exclusion of Liability for Indirect Damages

The Provider shall not be liable for indirect damages, consequential damages, or loss of profit, unless such damages are caused by intent or gross negligence.

5.6 Force Majeure and External Disruptions

The Provider shall not be liable for failures, disruptions, or service interruptions caused by:

• force majeure,
• governmental measures,
• technical disturbances of the Internet,
• systems or services of third parties.

5.7 No Liability for User Decisions

The Provider assumes no liability for legal, tax-related, organizational, or business decisions made by the user based on the use of the Plugin.

5.8 Responsibility for User Content

The Provider shall not be liable for content, data, or information processed, stored, or transmitted by the user or third parties via the Plugin.

5.9 Extension of Liability Limitations

To the extent that the Provider’s liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives, and vicarious agents.

5.10 Notice on Legal Compliance: The provider does not guarantee that the use of the plugin complies with all statutory, regulatory, or industry-specific requirements in the respective country of use, in particular with regard to whistleblower protection laws, labor law, or data protection regulations.

The review, implementation, and compliance with such legal obligations are the sole responsibility of the user.

6. Data Protection and Data Processing

6.1 Compliance with Data Protection Laws

The Provider processes the user’s personal data exclusively in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and other relevant data protection regulations.

6.2 Categories of Processed Data

Within the scope of the contractual relationship, the Provider processes in particular the following user data:

• name and contact details,
• email address,
• billing and payment information,
• technical usage data (e.g., license status, versions).

These data are used exclusively for contract performance, billing, customer support, and technical provision of the Plugin.

6.3 No Storage of User Content

The Provider does not store any content, messages, form data, or other data collected or processed by the Plugin on the user’s websites.

All content generated or transmitted by the Plugin remains on the user’s servers.

6.4 No Access to User Content

The Provider has no access to the content processed via the Plugin and assumes no responsibility for its legality, accuracy, or completeness.

6.4a No Data Processing on Behalf

The Provider does not process any content or reports entered by end users via the Plugin and does not act as a data processor within the meaning of Article 28 GDPR.

Responsibility for the processing of such data lies exclusively with the respective user.

6.5 User’s Responsibility for Compliance

The user is solely responsible for ensuring that the use of the Plugin complies with data protection laws. This includes in particular:

a) informing affected persons,
b) obtaining necessary consents,
c) creating own privacy notices,
d) implementing technical and organizational measures.

6.6 Security Measures

The user is obliged to implement appropriate security measures, in particular:

• SSL/TLS encryption,
• secure passwords,
• regular updates,
• regular data backups.

6.7 Payment Processing by Third Parties

Payment processing is carried out via external payment service providers (e.g., Stripe).

The processing of payment data is performed exclusively by these providers in accordance with their own privacy policies.

6.8 No Storage of Payment Data

The Provider does not store complete credit card or bank account details.

6.9 Privacy Policy

Further information on data processing can be found in the Provider’s Privacy Policy on its website.

6.10 Anonymization and Aggregation

The Provider is entitled to anonymize or aggregate data and use such data for statistical or technical purposes, provided that no personal reference remains.

7. Governing Law and Jurisdiction

7.1 Applicable Law

All contractual relationships between the Provider and the User shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless mandatory statutory provisions provide otherwise.

7.2 Consumer Protection

For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

7.3 Jurisdiction for Businesses

If the User 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 out of or in connection with this contract shall be the Provider’s registered office.

7.4 Statutory Jurisdiction

In all other cases, the statutory provisions on jurisdiction shall apply.

7.5 Alternative Jurisdiction of the Provider

The Provider shall also be entitled to bring legal action against the User at the User’s general place of jurisdiction.

8. Amendments to the Terms and Conditions

8.1 Right to Amend

The Provider reserves the right to amend these Terms and Conditions if there are valid reasons for doing so. Valid reasons include, in particular:

changes in legal requirements,
technical developments,
adjustments to the scope of services,
changes in market conditions,
security-related requirements.

8.2 Notification of Amendments

The User shall be informed of any amendments within a reasonable period, generally four (4) weeks, and at least fourteen (14) days prior to their entry into force, by email or through a notification in the user account.

8.3 Content of the Notification

The notification shall include the amended provisions, the intended date of entry into force, and information about the User’s right to object.

8.4 Deemed Consent

If the User does not object to the amendments within four (4) weeks after receipt of the notification, the amendments shall be deemed accepted.

8.5 Objection and Termination

If the User objects to the amendments within the specified period, the Provider shall be entitled to terminate the contract with effect from the date on which the amendments were intended to take effect.

8.6 Statutory Rights

Statutory rights of the User shall remain unaffected.

9. Force Majeure and Final Provisions

9.1 Force Majeure

9.1.1 Limitation of Liability in Case of Force Majeure

The Provider shall not be liable for delays, service interruptions, or failures to perform obligations resulting from events of force majeure.

9.1.2 Definition of Force Majeure

Force majeure includes, in particular, events beyond the Provider’s reasonable control that could not have been foreseen or prevented even with due care, including but not limited to:

natural disasters,
pandemics and epidemics,
war, terrorism, internal unrest,
strikes or labor disputes,
governmental orders,
power outages or internet failures,
cyberattacks on external systems,
failures of hosting or cloud service providers.

9.1.3 Suspension of Obligations

In cases of force majeure, the Provider’s contractual obligations shall be suspended for the duration of the disruption.

9.1.4 Information Obligation

The Provider shall inform the User, where reasonably possible, about the duration and expected effects of the disruption.

9.2 Final Provisions

9.2.1 Severability Clause

If any provision of these Terms and Conditions is or becomes invalid, unlawful, or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected.

9.2.2 Replacement Provision

The invalid or unenforceable provision shall be replaced by a legally permissible provision that most closely reflects the economic purpose of the original provision.

9.2.3 Form Requirement

Amendments and supplements to these Terms and Conditions must be made in text form (e.g., by email), unless a stricter form is required by law.

9.2.4 Contract Language

The contractual language shall be German. Translations are provided for informational purposes only.

9.2.5 Assignment of Rights and Obligations

The provider is entitled to transfer rights and obligations under this contract to third parties in accordance with statutory provisions, provided that this does not result in any material disadvantage for the user.