Terms and Conditions (T&C)

§ 1 Scope of Application and Provider

(1) These General Terms and Conditions (hereinafter "T&C") apply to the use of the agentView platform and related services provided by the Provider to consumers and entrepreneurs.

IT-Dienstleister, Rafael Kocurek
Sole proprietorship (Kleingewerbe)
Görgesstraße 36
52156 Monschau
Germany
Email: support@agentView.de

(hereinafter "Provider") and the respective user (hereinafter "Customer") who uses the agentView platform as a consumer or entrepreneur. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity acting in the exercise of its trade, business or profession when concluding the contract.

(2) Deviating terms and conditions of the Customer shall not apply, even if the Provider does not separately object to them.

(3) The Provider may amend these T&C with effect for existing continuing obligations only if there is an objective reason for the amendment, the amendment is reasonable for the Customer, and essential main performance obligations are not affected. The Provider will inform the Customer in text form at least six weeks before the planned effective date. The Customer may object to the amendment until the proposed effective date. The Provider will specifically draw attention to this right and to the consequences of a failure to object in the amendment notice. If the Customer objects, the previous T&C remain in force; the parties' ordinary termination rights remain unaffected.

§ 2 Scope of Services

(1) The Provider offers, under the name "agentView", a Software-as-a-Service (SaaS) platform through which the Customer can manage and control web-enabled screens. The scope of services is determined by the functions and services booked at the time of conclusion of the contract.

(2) The Provider strives for high availability of the platform but cannot guarantee uninterrupted accessibility. Scheduled maintenance will be announced in advance where possible. There is no entitlement to a specific availability quota, response time, or support level unless individually agreed.

(3) In the event of force majeure (e.g. natural disasters, pandemics, cyberattacks, government orders, or outages of third-party providers such as cloud infrastructures) beyond the Provider's control, the Provider shall be released from its obligation to perform for the duration and to the extent of the impact.

§ 3 Registration and User Account

(1) The creation of a user account is required for full use of the services. The Customer is obliged to provide truthful information upon registration and to protect their password or magic links against access by third parties.

(2) The Customer is liable for all activities carried out using their user account unless the unauthorised use is not attributable to the Customer. The Customer is obliged to inform the Provider without undue delay if they become aware of any unauthorised use of their account.

§ 4 Usage Rights and Intellectual Property

(1) The Provider grants the Customer, for the duration of the contractual relationship, a non-exclusive, non-transferable and non-sublicensable right to use the agentView platform as intended within the scope of the booked plan.

(2) All rights to the software, including source code, design, logos, documentation and other materials, remain with the Provider. The Customer may not decompile, disassemble, reverse-engineer or otherwise attempt to derive the source code unless permitted by mandatory legal provisions, in particular Section 69e of the German Copyright Act.

(3) Content created, uploaded or displayed by the Customer via the platform remains the Customer's property. However, the Customer grants the Provider the right to process, store and display such content to the extent technically necessary to provide the contractually owed service.

(4) To the extent that the Customer creates or edits content using AI systems and displays it via agentView, the Customer is responsible for ensuring that such content complies with applicable legal requirements, including any labelling, transparency and information obligations. Unless the Provider separately offers AI features, the service is limited to the technical provision of the platform.

§ 5 Prices and Payment Processing (Merchant of Record)

(1) The software is provided by the Provider. To the extent paid subscriptions are sold through the authorised reseller (Merchant of Record) Paddle.com Market Ltd. or an affiliated company, the sale, payment processing and invoicing are carried out in the reseller's own name. The Paddle terms apply in addition for these payment transactions.

(2) The prices shown in the order or checkout process are authoritative. For consumers, final prices including applicable statutory VAT are shown to the extent VAT applies. For entrepreneurs, prices may be shown as net prices plus statutory VAT.

(3) Price changes for ongoing paid continuing obligations are permitted only if there is an objective reason for the change, in particular changes in procurement, infrastructure, tax or licence costs, and the Customer is not unreasonably disadvantaged. The Provider will inform the Customer in text form at least six weeks before the planned effective date. In the event of a price increase, the Customer has a special termination right until the change takes effect.

§ 6 Term, Renewal and Termination

(1) Free plans run for an indefinite period and may be terminated by either party at any time.

(2) Paid plans are concluded for the minimum term selected at booking. For consumers, the contractual relationship is extended for an indefinite period after expiry of the minimum term and may then be terminated at any time with a notice period of no more than one month. To the extent fees for periods after the termination becomes effective have already been paid in advance, they will be refunded pro rata where required by law. For entrepreneurs, the contractual relationship is extended by the term selected at booking unless terminated, but by no more than one year at a time.

(3) Termination can be effected via the account management on the platform or by email to support@agentView.de. If a paid plan was concluded via Paddle, termination may also be declared using the cancellation channels provided by Paddle in the checkout, customer portal or transaction emails.

(4) The right of either party to extraordinary termination for good cause remains unaffected.

§ 7 Contract Termination - Data Export and Deletion

(1) After termination of the contractual relationship, the Customer has the option to export their data within 30 days via the platform, provided an export function is available.

(2) After expiry of this period, the Provider is entitled to irrevocably delete all content and data of the Customer unless statutory retention obligations apply. The deletion of personal data is governed by the provisions of the Privacy Policy.

§ 8 Right of Withdrawal for Consumers

(1) Consumers generally have a statutory right of withdrawal for off-premises contracts and distance contracts, unless a statutory exclusion or early expiry applies.

(2) The relevant withdrawal instructions are provided to the consumer in text form before the consumer submits their contractual declaration or within the order process. If a paid contract is concluded via Paddle as Merchant of Record, the exercise and reversal of the withdrawal are additionally governed by the consumer information provided by Paddle in the respective checkout process. The consumer's statutory rights remain unaffected.

(3) If the consumer requests that the Provider begin performing the paid service before expiry of the withdrawal period, the consumer owes compensation for the services provided until withdrawal in the event of an effective withdrawal, to the extent the statutory requirements are met.

§ 9 Refunds and Reimbursements

Statutory claims to reimbursement, refund, reduction, termination or damages remain unaffected. Voluntary goodwill gestures are granted only on a case-by-case basis and without acknowledging any legal obligation.

§ 10 Content and Liability of the Customer

(1) The Customer is solely responsible for the content they display on screens via agentView. The display of unlawful, racist, pornographic or insulting content is prohibited.

(2) In the event of a substantiated suspicion of a material breach of paragraph 1, the Provider may temporarily block content or temporarily restrict access to the extent required after balancing the interests of both parties. The right to extraordinary termination remains unaffected in the event of serious or repeated breaches.

(3) The Customer shall indemnify the Provider against third-party claims to the extent the Customer is responsible for the infringement and the claims are based on content posted by the Customer or a use of the platform in breach of contract. The Provider will inform the Customer without undue delay about asserted claims and, where reasonable, give the Customer the opportunity to participate in the legal defence. Only costs necessary and reasonable for the legal defence are recoverable.

§ 11 Data Protection

(1) The Provider processes the Customer's personal data in accordance with applicable data protection regulations, in particular the General Data Protection Regulation (GDPR). Details can be found in the Privacy Policy.

(2) If the Provider processes personal data on behalf of the Customer, the parties shall, upon request, conclude a separate data processing agreement pursuant to Art. 28 GDPR.

§ 12 Support and Communication

Support is provided solely on an availability basis via email at support@agentView.de. No commitments are made regarding support hours, response times or any specific service availability.

§ 13 Limitation of Liability

(1) The Provider is liable without limitation for damages arising from injury to life, body or health, as well as for damages based on intent or gross negligence.

(2) In cases of simple negligence, the Provider is liable only for breaches of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the typically foreseeable damage.

(3) The above limitations of liability also apply in favour of the Provider's legal representatives, employees and vicarious agents.

(4) Liability under the German Product Liability Act, from an assumed guarantee, or for fraudulent concealment of a defect remains unaffected.

§ 14 Final Provisions

(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law applies only to the extent that mandatory consumer protection provisions of the state in which the consumer has their habitual residence are not deprived.

(2) If the Customer 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 the contractual relationship shall be the Provider's registered seat, to the extent permitted by law.

(3) Should individual provisions of these T&C be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall replace the invalid provision.

Last updated: March 2026