Terms of Use
Learn more about our Terms of Use.
Last updated on June 1, 2025.
§ 1 Formation of the contractual relationship, changes to the Terms of Use
1.1 The following Terms of Use govern the contractual relationship between the provider Website2Desktop, Inh. Andreas Krause, Zechenstr. 5, 51103 Cologne (hereinafter 'Website2Desktop' or the 'Provider') and the user.
1.2 By completing a conversion process, the user submits an offer to conclude a user agreement on the basis of these Terms of Use. The Provider accepts the offer to conclude a user agreement by sending a confirmation email to the user.
1.3 If the Provider accepts the offer to conclude a user agreement pursuant to § 1.2, an unsealing of the user’s license takes place.
1.4 Conflicting or deviating terms and conditions of the user will only be recognized if expressly confirmed in writing by the Provider.
1.5 The Provider is entitled to change and adjust these terms during an ongoing membership. The Provider will transmit the amended terms to the user in text form and specifically point out the new provisions. At the same time, the Provider will grant the user a reasonable period to declare whether the user accepts the amended Terms of Use for the continued use of the services. If no declaration is made within this period, the amended terms are deemed agreed. At the start of the period, the Provider will expressly draw the user’s attention to this legal consequence. If the user objects to the amendment of these terms, the Provider is entitled to terminate the user agreement without notice as of the time the amended Terms of Use take effect for the other users.
§ 2 Subject matter of the user agreement
2.1 The subject matter of the user agreement is the provision by the Provider of a platform that can be accessed with an active license and Software that can be used with an active license. The platform is hereinafter referred to as the 'Customer Area'. The software is hereinafter referred to as the 'Software'.
2.2 In the Customer Area, the Provider makes the following usage options available to the user:
- Manage settings for the converted website or web application
- Overview of activities (e.g., logins, statistics)
- Access to available software downloads (e.g., setups, Icon Changer)
- View the password for the API
- View license details (including subscription management for paid licenses)
- Access all invoices associated with the license (for paid licenses)
2.3 The specific graphical and functional design of the contractual usage options, the expansion of usage options with additional features, or their supplementation with paid add-on services is at the Provider’s discretion. While maintaining the contractual usage options, the Provider may modify and adjust the specific design at any time.
2.4 The Customer Area and the Software are available to the user without time limit at an average annual availability of at least 95%. Unavoidable, unforeseeable, and extraordinary events that may lead to unavailability of the Customer Area or the Software—such as power outages, hacking incidents, failures of telecommunications lines from the handover point to the internet—are not counted against the minimum availability.
§ 3 Customer Area, handling of confidential data
3.1 Use of the Customer Area is reserved exclusively for entrepreneurs within the meaning of § 14 BGB (German law) who have successfully completed a conversion. An entrepreneur is any natural or legal person or partnership acting in the exercise of its commercial or self-employed professional activity when concluding the contract. Use by consumers pursuant to § 13 BGB (German law) is excluded.
3.2 The user is obliged to provide truthful and complete information and to keep their data up to date at all times.
3.3 The user is obliged to keep confidential data (e.g., API password) confidential, to store it securely, and not to make it accessible to third parties. If confidential data become known to third parties, the user must inform the Provider without delay by email or in writing so that the affected data can be blocked and re-issued. The user is not entitled to make their Customer Area available to third parties. The user acknowledges that they are fully responsible for the actions of any third party to whom they make their Customer Area available.
§ 4 General obligations of the user
4.1 The user may use the usage options provided by the Provider only within the scope of the purposes contractually envisaged. Any misuse beyond this purpose limitation is prohibited, including in particular the following actions:
- Systematically harvesting other users’ contact details for disclosure to third parties;
- Unacceptable harassment of other users through aggressive, obscene, insulting, defamatory, or intrusive messages;
- Unacceptable harassment of other users by mass-sending unsolicited advertising;
- Extensive or continuous use of the Customer Area to publish and distribute content that is objectively unrelated to the purpose or subject matter of the Website2Desktop platform and that may impair the platform’s attractiveness for other users;
- Any measures that lead to excessive system loads or system disruptions;
- Uploading or posting adult or illegal content;
- Uploading or posting misinformation or content that is obviously untrue;
- Using third-party identities (impersonation).
4.2 Each of the above breaches of duty entitles the Provider to terminate the user agreement without notice (blocking of the Customer Area and the Software). In addition, the Provider is entitled to refuse the conclusion of a new user agreement for a period of fifteen (15) years after termination.
§ 5 User obligations regarding posted content
5.1 By uploading content, the user grants the Provider a free, simple (non-exclusive) right of use to use, modify, publicly perform, and make the transmitted content accessible on Website2Desktop.
5.2 The user must ensure that, by posting content (texts, images, videos, etc.), no third-party rights are infringed (e.g., infringement of copyrights, violations of personality rights, unfair competition) and that the content is suitable for minors.
5.3 The user indemnifies the Provider against all third-party claims asserted against the Provider in relation to a legal infringement committed by the user and for which the user is responsible. The user assumes all necessary costs of legal defense in this regard.
5.4 The Provider is entitled to delete or disable content posted by the user if such content is not suitable for minors, infringes third-party rights, or if third parties assert claims due to an alleged legal infringement whose validity cannot be obviously ruled out.
5.5 If the Provider becomes aware of a possible legal infringement caused by the user’s content, the Provider will inform the user of this without undue delay in text form.
5.6 The Provider assumes no guarantee for the accuracy, completeness, or usability of information and content published on Website2Desktop and reserves the right to amend or remove individual content due to legal, judicial, or regulatory obligations or for good cause.
§ 6 Termination of the user agreement
6.1 For free licenses, the user may terminate the user agreement at any time without stating reasons and without notice. Termination must be made in text form. The user agreement (Customer Area and Software) ends upon written confirmation by the Provider and ceases to be usable and valid from that point in time.
6.2 For paid licenses, the user may terminate the user agreement at any time without stating reasons with effect at the end of the next billing period. Termination must be carried out in the Customer Area (subscription management). The user agreement (Customer Area and Software) ends upon expiry of the last billing period and ceases to be usable and valid from that point in time.
6.3 The Provider may terminate the user agreement by giving one month’s notice to the end of a calendar month.
6.4 In addition to termination subject to notice, the Provider may terminate the user agreement without notice if there is good cause. Good cause exists in particular if the user
- persistently and seriously breaches their contractual obligations (see § 4);
- culpably and seriously violates statutory provisions when using the Customer Area or the Software.
6.5 The Provider will exercise its right to ordinary termination and deletion if the user has not logged into the Customer Area for at least one year.
§ 7 Liability
7.1 Users’ claims for damages are excluded unless otherwise provided below. The exclusion of liability also applies in favor of the Provider where the user asserts claims against the Provider.
7.2 The Provider assumes no warranty for user-generated content published in the Customer Area and in the Software, in particular not for its accuracy, completeness, reliability, timeliness, or usefulness. The Provider is also not obliged to permanently monitor transmitted and stored user content or to investigate circumstances indicating unlawful content. As a rule, the Provider is liable only in the event of intentional or grossly negligent breach of duty.
7.3 The Provider does not guarantee constant, uninterrupted availability of the Customer Area and the Software. Liability in this respect is expressly disclaimed. Even with great care, downtime cannot be completely ruled out (for example, maintenance or power outage).
§ 8 Final provisions
8.1 The law of the Federal Republic of Germany applies exclusively, excluding private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Claims in the field of industrial property rights and copyright are not affected by this.
8.2 For determining the place of jurisdiction: if the user has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction is the Provider’s registered office. The Provider may also bring an action against the user at the user’s general place of jurisdiction.
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