Terms and Conditions for the Use of the Whistleblowing System Plugin

Last change: 25.02.2025

  1. Scope of Application
    1.1 These General Terms and Conditions (hereinafter “T&C”) of Whistleblowing System (hereinafter “Licensor”) apply to all contracts concluded by a consumer or entrepreneur (hereinafter “Licensee”) with the Licensor regarding the software products offered by the Licensor (hereinafter “Software”). The inclusion of the Licensee’s own terms and conditions is hereby excluded unless otherwise agreed.
    1.2 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 of their commercial or independent professional activity.
    1.3 An entrepreneur within the meaning of these T&C is a natural or legal person or a legally capable partnership who, when entering into a legal transaction, acts in the course of their commercial or independent professional activity.

 

  1. License and Use of the Plugin
    2.1 The Licensor grants the Licensee a simple, non-exclusive, transferable right to use the Software in the agreed hardware and software environment for private and/or business purposes. The license is limited to the duration of the contract.
    2.2 Types of License
    There are different types of licenses for the plugin that determine the scope of use:
    • Free Version: Limited functionality without a license key.
    • Single License: Valid for use on one (1) website.
    • Multi-License: Valid for use on multiple websites according to the conditions specified in the purchase process.
    Further details on the types of licenses and their conditions will be provided during the purchasing process.
    2.3 Compliance with License Terms
    The plugin may only be used in accordance with the license terms. Redistribution, reproduction, or commercial exploitation of the plugin is prohibited unless expressly permitted by these T&C.
    2.4 Obligation to Delete in Case of Revocation or Termination
    • In the event of a revocation within the 30-day money-back guarantee, the Licensee is required to delete the Software immediately and cease any further use.
    • If the contract is not renewed after the license term expires, the restrictions according to Section 4.6 apply. In this case, the use of the Software in the frontend remains possible, while backend functions and premium services are restricted.
    • The Licensee is also required to remove all copies of the Software if they no longer wish to use it.
    2.5 The Licensee does not acquire ownership rights or intellectual property rights to the Software. All rights to the Software, including the source code and all related rights, remain with the Licensor.
    2.6 The Licensee is prohibited from removing or altering the software’s copy protection mechanisms, unless explicitly permitted by an additional license agreement, and acknowledges that the plugin is suitable for the intended use.
    2.7 The Licensee is responsible for informing themselves about the essential features of the Software and bears the risk as to whether it meets their requirements. Setting up an appropriately dimensioned hardware and software environment is the sole responsibility of the Licensee.

 

  1. Usage Restrictions
    3.1 Legal Use
    The plugin may only be used for lawful purposes and must comply with applicable laws and regulations.
    3.2 License Restrictions
    Each license is limited to the number of websites specified by the user at the time of purchase. A single license may only be used on one (1) website; multi-licenses may be used on the number of websites specified by the user in the purchase process.
    3.3 Prohibition of Redistribution
    It is prohibited to reproduce, sell, rent, or otherwise distribute the plugin to third parties unless expressly permitted by these T&C.
    3.4 Code Manipulation
    Changes or manipulations to the plugin’s code, especially to bypass license restrictions, are expressly prohibited.
    3.5 Prohibition of Abuse
    The Licensee agrees not to use the plugin for data collection or processing without the explicit consent of the affected individuals.
    3.6 Termination of Use
    The Licensor reserves the right to terminate the use of the plugin if these restrictions are violated.
    3.7 Use by Agencies and Third Parties
    • Agencies or service providers who acquire the Software on behalf of a client may transfer the license to the client after setup, provided that the license is no longer used by the agency or other third parties.
    • Agencies, freelancers, or other service providers may use the Software as part of their services for clients and install it on their websites. However, the license and all associated rights remain solely with the Licensee (e.g., the agency or freelancer). Direct transfer or sale of the license to the end customer is not permitted.

 

  1. Costs and License Terms
    4.1 Free Version
    The Licensor provides a free version of the plugin that can be used without a license key. The free version has limited functionality and does not include premium updates or support services.
    4.2 Paid Versions
    There are several paid versions of the plugin available:
    • Single License: Valid for use on one (1) website.
    • Multi-License: Valid for use on a specific number of websites, which is specified in the purchase process.
    Upon purchasing a paid version, the user will receive a license key required to activate the plugin. All paid versions are valid for a period of one (1) year. After the license term expires, the license must be renewed to maintain the full functionality of the plugin.
    4.3 Ordering Process and Contract Offer
    The Licensee makes a legally binding contract offer by clicking the button to complete the order in the online shop.
    4.4 Order Processing and Contact
    Order processing is done by email. The Licensee must ensure that the email address they provide is correct and that they can receive emails from the Licensor.
    4.5 Payment Methods
    The Licensee has various payment options available, which are specified in the Licensor’s online shop.
    4.6 Restrictions after License Expiration
    After the license expires, the plugin may still be used in the frontend, while changes in the backend are no longer possible. One month after the license expires, a notification may be displayed indicating the expired license, or certain features, such as the contact form, may become non-functional, or other restrictions may be applied to limit the plugin’s functionality.
    After the license expires, the user will not receive any further updates and will no longer have access to premium support services.
    4.7 Updates and Premium Support
    During the active license period, the user will have access to all updates released by the provider. Premium support services, including technical assistance and problem resolution, are only available during the active license period. After the license expires, the user will no longer be entitled to updates or premium support unless the license is renewed.
    4.8 License Renewal
    Users can renew the license at any time via the corresponding customer portal or the provider’s website. The costs and conditions for renewal are based on the prices and provisions in effect at the time of renewal. The Licensor reserves the right to change the renewal prices.
    4.9 Refunds and Right of Withdrawal
    Refunds for purchased licenses are excluded unless required by law. The provider offers a 30-day money-back guarantee. Within this period, the user can return the plugin and receive a full refund, provided the plugin has not been used.

 

  1. Limitation of Liability
    5.1 Liability of the Licensor
    The Licensor is only liable for damages resulting from intentional or grossly negligent behavior.
    5.2 Exclusion of Liability for Damages
    The Licensor is not liable for damages arising from the use of the plugin, including but not limited to data loss, downtime, or other indirect damages, unless the damage was caused by intentional or grossly negligent behavior of the Licensor.
    5.3 Misuse and Data Protection Violations
    The Licensor assumes no liability for misuse of the plugin or violations of data protection regulations by the user.
    5.4 Liability for Data Loss
    The Licensor is not liable for data loss or damages resulting from inadequate backup of user data or unauthorized access by third parties.
    5.5 Force Majeure and Circumstances
    The Licensor is not liable for delays or performance failures caused by force majeure, natural disasters, legal changes, or similar circumstances.

 

  1. Data Protection
    6.1 Storing Data
    The Licensor does not store sensitive personal data such as IP addresses, email addresses, or similar personal information. All data transmitted through the use of the plugin is stored exclusively on the user’s servers. The Licensor has no access to this data.
    6.2 Storing User Data
    All data entered by the user in the contact form (e.g., name, email address, messages) is stored on the user’s servers. The Licensor does not store or process this data. The user is responsible for storing and processing this data.
    6.3 Responsibility of the User
    The user is responsible for implementing the data protection regulations for the use of the plugin in compliance with applicable data protection laws, particularly the EU General Data Protection Regulation (GDPR). The user must ensure that appropriate security measures are taken to protect the data collected through the plugin, including the implementation of SSL/TLS encryption to prevent unauthorized access and ensure the lawful processing of the collected data.
    6.4 Security Measures
    The provider recommends that the user take appropriate security measures to protect the data collected through the plugin, such as using SSL/TLS encryption and secure password practices for the WordPress admin area.

 

  1. Applicable Law and Jurisdiction
    7.1 The law of the European Union applies, particularly the provisions of EU Directive 2019/1937 on the protection of whistleblowers.
    7.2 For all other legal questions, the applicable law of the country in which the provider has its registered office applies.
    7.3 For disputes arising in connection with the use of the plugin or these T&C, the jurisdiction is the location of the provider, unless mandatory legal provisions in another country require a different jurisdiction.

 

  1. Changes to the T&C
    8.1 The Licensor reserves the right to change these T&C at any time. Changes will be communicated to the user via email or through a notice in the plugin.
    8.2 Other provisions remain in effect even after a change to these T&C.

 

  1. Force Majeure
    9.1 The Licensor is not liable for delays or non-performance of obligations due to force majeure.
    9.2 Events of force majeure include, but are not limited to, natural disasters, war, terrorism, strikes, epidemics, pandemics, legal changes, cyber-attacks, or other unforeseeable and uncontrollable events.
    9.3 If a case of force majeure occurs, the fulfillment of the Licensor’s obligations will be suspended for the duration of the delay.