Terms of Use for Widget Integration

1.1. Parties: These Terms of Use ("Terms") constitute a legally binding agreement between the “Provider” ("we," “us”) as outlined in the website’s imprint, and the individual or entity ("User," "you") embedding or using the provider's software widget ("Widget").

1.2. Mechanism of Acceptance: By incorporating the parameter data-terms="accepted" into the Widget code, or by downloading, embedding, or accessing the Widget, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms.

1.3. Authority: If you are using the Widget on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2.1. Limited License: Subject to your compliance with these Terms, the Provider grants you a revocable, non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to display the Widget on your website or application ("User Platform").

2.2. Ownership: The Widget, including its code, design, API, and data output, is the intellectual property of Provider. No ownership rights are transferred to you.

2.3. Attribution: You must not remove, obscure, or alter any Provider branding, copyright or legal notices, or links to Provider's services contained within the Widget.

You agree not to, and not to permit any third party to:

• Reverse Engineering: Disassemble, decompile, reverse engineer, or attempt to derive the source code of the Widget.
• Modification: Modify the Widget's code, output, or functionality, except via the official parameters provided in our documentation.
• Abusive Traffic: Use automated systems (robots, spiders, scrapers) to access the Widget in a manner that sends more request messages to our servers than a human can reasonably produce, or that compromises our system's stability.
• Prohibited Contexts: Embed the Widget on any User Platform that contains, promotes, or links to:
  • Illegal content or activities;
  • Pornography or sexually explicit material;
  • Gambling, betting, or games of chance;
  • Hate speech, violence, discrimination, or harassment;
  • Malware, viruses, or phishing scams.

4.1. No Warranty: The Widget is provided on an "AS IS" and "AS AVAILABLE" basis. Provider makes no representations or warranties of any kind, whether express or implied, regarding the accuracy, reliability, or completeness of the data provided (including, but not limited to, dates, calendar weeks and underlying calculation logic, or regional and notation standards).

4.2. Service Interruptions: Provider does not guarantee that the Widget will be uninterrupted, secure, or error-free. We reserve the right to modify, suspend, or discontinue the Widget (or any part thereof) at any time without notice or liability.

5.1. Data Collection: You acknowledge that the Widget, for technical and security purposes, may automatically collect data from visitors to the User Platform, including IP addresses, timestamps, and referrer URLs ("Log Data").

5.2. User Obligations: You are solely responsible for ensuring your use of the Widget complies with all applicable privacy laws (e.g., GDPR, CCPA, Swiss nFADP).

• 5.3. Transparency: You represent and warrant that your User Platform maintains a publicly accessible Privacy Policy that:
  • Discloses the use of third-party tools/widgets;
  • Informs end-users that their IP address and request data may be transmitted to a third-party server (Provider) for service delivery;
  • Provides all necessary legal notices required for your use case, including but not limited to local jurisdiction.

5.4. Independent Controllers: For the purposes of data protection laws, Provider acts as an independent controller regarding the processing of Log Data for service stability and security. Provider does not act as your data processor.

You agree to defend, indemnify, and hold harmless Provider and its officers, directors, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the Widget;
• Your violation of these Terms;
• Your violation of any third-party right, including without limitation any intellectual property, publicity, confidentiality, property, or privacy right.

7.1. Free Service Standard: As the Widget is provided free of charge, Provider's liability is governed by the statutory provisions regarding gifts and free services under German law (§ 521 BGB).

7.2. Scope of Liability:

• Provider is liable without limitation for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit).
• Any liability for slight negligence (einfache Fahrlässigkeit) is expressly excluded to the fullest extent permitted by law.
• Provider specifically excludes liability for any indirect, incidental, or consequential damages, including loss of profits, data loss, website crashes, or other errors on the User Platform.

8.1. Right to Terminate: Provider may terminate your license and revoke your access to the Widget at any time, for any reason, without prior notice.

8.2. Effect of Termination: Upon termination, you must immediately remove all Widget code from the User Platform and cease all use of Provider's services.

Provider reserves the right to modify these Terms at any time. Updated Terms will be posted on Provider's website. Your continued use of the Widget after any such changes constitutes your acceptance of the new Terms.

10.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

10.2. Jurisdiction: To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be the Provider's registered seat in Germany.