Jimdo- Terms of Service for Swiss Customers

The following Terms of Service apply only to customers with a billing address in Switzerland. For all other customers, Jimdo's General Terms of Service apply.

Jimdo GmbH, Stresemannstr. 375, 22761 Hamburg, Germany (“Jimdo” or “We”) offers various services as an online service (“Online Service”). In particular, we enable users (collectively, “user” or “you”) to create their own websites and online shops using a modular system, to have these hosted by Jimdo, and to make use of services related to the use of the website. We provide the user with the functionalities of the online service both individually and in packages (each a “package”). In addition, we offer add-ons in addition to the packages (each an “Add-On”).

The following Terms of Service (“ToS”) and our Privacy Policy apply to all business relationships and thus to every agreement between the User and Jimdo (individually also referred to as “Party” and collectively as “Parties”) for the use of the Online Service within the scope of the agreed Services, Packages and Add-Ons (each an “Contract”). In addition, further conditions (“Additional Conditions”) may apply to the use of individual services, packages and add-ons, which we agree with the user and which take precedence over the ToS in the event of any discrepancies.

Insofar as mandatory statutory provisions of the country in which the user has their habitual residence (here: Switzerland) apply, we will point this out in these ToS, and these mandatory provisions shall take precedence over the provisions of these ToS.

These ToS and our privacy policy also apply to all future business relationships and agreements, even if they are not expressly agreed again.

1. Subject Matter

1.1 You can use the agreed packages and add-ons, as well as other agreed services (collectively and individually referred to as “Services”), via the Jimdo online service.

1.2 To use the Online Service, you must create a user account (“Jimdo Account”) and agree to these Terms of Service. Via your Jimdo Account, you can order both our free and paid services and, in particular, create, manage and edit websites (each a “Jimdo Website”).

1.3 The details of our services and fees for the packages and add-ons are set out in the current version of the service description. The specific scope of services of the packages depends on the package selected.

1.4 If you book several packages or add-ons, a separate contract is concluded for each of these packages and each add-on.

1.5 We offer our services to both consumers and entrepreneurs. If you conclude this contract for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you are acting as a consumer. We only offer our services to consumers who are at least 16 years old.

2. Conclusion of contract when ordering packages and add-ons

2.1 The descriptions of the packages, add-ons and services on our website do not constitute a legally binding offer, but merely a non-binding list or a non-binding invitation to users to order a service, package or add-on. We reserve the right to change packages, add-ons and/or services, as well as content such as images, prices and descriptions of our packages and add-ons, at any time and without notice. Illustrations, images, brochures or advertising and other information related to our packages, add-ons and services are for informational purposes only.

2.2 A contract between you and us is concluded exclusively online. To do this, you need to create a Jimdo account or log in and select a service, plan or add-on. By clicking the “Buy Now” button, you agree to these Terms and Conditions and submit a binding offer to conclude a contract with us. Before sending the order, you can view and change the information at any time, recognize possible input errors and, if necessary, correct them before finally submitting the binding order.

2.3 We will then send you an e-mail confirming receipt of your order and either accept the order or reject it without assuming any liability towards you or third parties. We will refund any payment already made if we reject your order. The contract(s) shall only come into effect upon our express acceptance as stated in our email.

3. Jimdo Services, Changes to Services and Subcontractors

3.1 We endeavor, with commercially reasonable effort, to provide you with the online service in such a way that it is suitable for the agreed use. For technical reasons and due to external influences (e.g. unavailability of communication networks, interruption of power supply, power shortage, hardware and software errors), uninterrupted availability of Jimdo Websites cannot be realized. You can view the current status of our system at any time at www.jimdo-status.com.

3.2 We operate the online service as a standard service for a large number of users and therefore provide the individual user with the online service in its generally provided version. We reserve the right to expand, modify, or delete services or features and to make improvements, in particular if these serve technical progress and/or appear necessary for whatever reason and to prevent misuse. We will only make these changes to paid services if they are reasonable for our users or if we are obliged to do so by law. You will not incur any additional costs as a result of such changes. Insofar as a change to the online service requires an amendment to the contract, clause 24 shall apply. The provisions of this clause 3.2 shall not apply if we have expressly agreed to provide specific functionalities or content.

3.3 Insofar as we provide you with our services free of charge, this is done in each case in the “actual state” (“as is”). In this case, we do not guarantee constant availability or certain functionalities or other features. Notwithstanding Section 3.2, in this case we may provide you with an updated or modified version of the free services at any time, without prior notice and without justification. There is expressly no entitlement to a specific version of the services provided by us free of charge. Section 17.5 applies with regard to our liability.

3.4 For consumers: As a consumer, you may terminate a paid contract free of charge within 30 (thirty) days if the modification of the online service impairs the accessibility or usability of the online service to a more than insignificant extent. In addition, the applicable statutory warranty rights shall apply. However, you must pay for services provided by us up to the point of termination of the contract.

3.4 For entrepreneurs: We guarantee an average availability of 98% over a calendar year for our fee-based services, unless otherwise agreed in this contract. The calculation of availability does not include (i) maintenance times of up to four (4) hours per week and (ii) interruptions to availability for which we are not responsible, regardless of the reason. We endeavor to keep maintenance times as short as possible and to give sufficient notice.

3.5 We are entitled to use affiliated companies and any other subcontractors to provide our services.

4. Submission and receipt of declarations

If we enable you to send or receive messages or declarations as part of the online service, we only ever act as a messenger or vicarious agent. You are responsible for ensuring that you can receive such a declaration at any time. We will attempt to deliver declarations that we send to you by email three times on the day they are received via the online service. After that, we will not make any further delivery attempts. Clause 17.6 applies with regard to our liability.

5. Sample Texts and Content

We may provide you with standard sample texts and content (e.g. “About me” page, cookie banner texts, etc.) that you may use for the contractual purposes (“Sample Texts and Content”). You may adapt and modify the sample texts and content at your own discretion, but at your own risk, within the scope of the contractual purposes. Jimdo expressly does not guarantee the accuracy, completeness, timeliness, suitability and legal conformity of the sample texts. This also applies to sample content, such as suggestions, layouts, images, videos or other content that you create, publish or otherwise use with the help of AI-supported Jimdo features or products. Clause 17.4 applies with regard to our liability.

6. Payment terms, invoice, collection and price adjustment

6.1 For the provision of the online service, the use of the agreed packages and add-ons and the provision of other contractually agreed services, you are obliged to pay us the agreed price in advance and, unless otherwise agreed, for the initial contract period in each case. All prices quoted include the applicable sales or value added tax. All prices are quoted in Swiss francs (CHF) for Users in Switzerland. Unless otherwise agreed, payment is due 14 (fourteen) days after receipt of the invoice. Jimdo will collect all payments via the payment method chosen by the User. If an automatic debit is not possible, Jimdo will send the User a payment link on the day the contract is renewed. Payment for the new contract period must be made via this link within 14 (fourteen) days in order to continue to receive the contractual services. The period for any discount granted shall also begin at this point in time. Insofar as we provide services at a reduced price due to an agreed discount, this shall only apply to the services designated as discounted by Jimdo during the ordering process and, unless otherwise stated, only to the first contractual period of a contractual term. The renewal of the contract shall then be at the non-discounted, regular price.

6.2 When paying by bank transfer, the User must state the purpose of use specified by Jimdo. If the User transfers the fee with a different purpose of use, they must inform Jimdo immediately and provide Jimdo with proof of payment. This proof must include the following data in full and legible: the bank details (IBAN) of the sender's account, the name of the account holder, the payment date, the amount, the purpose of the payment and the bank details (IBAN) of the recipient. The Jimdo User is responsible for providing proof of payment.

6.3 Jimdo is entitled to block access to the online service completely or partially, either temporarily or permanently, and/or to suspend the provision of services under the contract if the User is more than 30 (thirty) days in default with the fulfillment of his payment obligations under the contract, either in whole or in part. In this case, Jimdo is also entitled, after a further reminder period of 10 (ten) days has expired without success, to have the User's domain deleted by the respective registry (“CLOSE”) and to delete the associated email accounts (including the emails in the mailboxes). Jimdo expressly assumes no liability for failures, damages or lost profits caused by a suspension of the site or deletion of the domain due to incorrect or delayed payment, provided that the error or delay is the User's responsibility.

6.4 Chargebacks: Should a payment be reversed by the user, Jimdo reserves the right to block the affected Jimdo account and/or, at Jimdo's option, to extraordinarily terminate the associated contract(s) and to discontinue or suspend all services with immediate effect. Further use of Jimdo's online services is only possible after all outstanding claims have been settled. Any fees incurred by Jimdo due to the chargeback, rejection of a payment or the opening of a dispute will be charged additionally to the Jimdo User. Jimdo is not liable for any fees or other amounts that your bank or your chosen payment service provider may charge you as a result of processing your chargeback. We expressly reserve the right to claim further damages.

6.5 We reserve the right to change our prices for services with future effect, provided that this does not alter the equivalence between service and consideration. This is particularly the case if the costs for providing our services, on which we base the calculation of the price, change or if we change the scope of services (e.g. higher costs for hosting, provision of new features). In the case of existing fee-based contracts, the changes will take effect at the beginning of the next contract period. We will inform you of this at least six (6) weeks before the change takes effect. If you do not object to the notification within six (6) weeks of receipt and/or continue to use our services after the objection period has expired, the changes shall be deemed to have been effectively agreed from the end of the period. In the notification of change, we will again inform you of your right to object and of the consequences of an objection. If you object to the proposed changes, the contract will end at the end of the original contract period without the need for termination. You are responsible for backing up any of your data and information that has been used based on your use of our services to date.

6.6 For entrepreneurs:
Entrepreneurs in Switzerland will receive a net invoice.
For entrepreneurs based in Switzerland, the invoice will show Swiss value added tax (VAT), unless a case of tax exemption or reverse charge applies. Entrepreneurs based in Switzerland are obliged to provide us with a valid VAT number and the relevant company data when placing the order, insofar as this is necessary for correct invoicing.
We reserve the right to make changes to our sales and VAT practices.

6.7 The following applies to customers with a billing address in Switzerland who do not pay on time:

If you are late with a payment, you will owe default interest of 5% (five percent) per year. For each written reminder sent to you after the occurrence of the default, we may charge you CHF 20.00 (twenty Swiss francs). Jimdo also reserves the right to hand over unpaid claims to an external collection agency for collection after an unsuccessful reminder. All collection, legal and court costs will be charged to you in addition. We reserve the right to prove and claim higher damages caused by default.

7. System requirements, domain, compliance with applicable law and community standards

7.1 To use the services, certain system requirements must be met, in particular, use of one of the most commonly used browsers worldwide (e.g. Google Chrome, Mozilla Firefox) and operating systems (iOS and Android) in their current and previous versions.

7.2 You can choose an available subdomain under which we publish your Jimdo website. You are not entitled to forward an externally hosted domain to a free Jimdo website or to display the free Jimdo website on an external website (e.g. by embedding it in a frame or iFrame).

7.3 When using the online service and availing of other services, you are in particular obliged to

• comply with all applicable laws, including those concerning the protection of minors, product liability, product safety, e-commerce (in particular the legal obligations for provider identification), competition, data protection (in particular the applicable data protection regulations Regulation (EU) 2016/679 ("GDPR ) and the Swiss Federal Data Protection Act (Data Protection Act [DSG], SR 235.1) ) and tax law, and in particular to obtain at its own expense and maintain throughout the term of the contract all necessary official and otherwise necessary consents, approvals and authorizations;
• always comply with the provisions of our Community Standards in their current version and not to use any content, including texts, graphics, images, photos, domain names, information, general terms and conditions and/or data protection declarations, in connection with the services provided by us, the use of which is not in accordance with our Community Standards;
• to provide truthful and complete personal data when registering for the online service and to keep it up to date at all times. We reserve the right to request suitable proof of identity from you at any time;
• to inform us immediately if you become aware of circumstances and in particular incidents that suggest that these requirements under clause 7.3 may not be met or cannot be met in whole or in part (“disruption”). At our request and to the extent possible and reasonable, you will help us to eliminate the disruption by taking appropriate measures at your expense;
• to name a natural person as a point of contact for us who is available to us throughout the entire term of the contract.

Further obligations for you may arise from the applicable law. However, Jimdo is not obliged to carry out a constant check with regard to any such obligations.

You shall indemnify Jimdo, its affiliated companies and subcontractors from all claims, damages and costs (including litigation and legal fees and costs for experts) that arise out of or in connection with an actual or alleged infringement by you or a person you allow to use the services, in particular against the provisions of this section 7.3. The obligation to indemnify shall not apply to the extent that Jimdo or a third party is responsible for the corresponding claims, damages or costs.

7.4 We are not obliged and, unless otherwise expressly provided in your contract or these ToS and to the extent legally permissible, we reject any liability to check your Jimdo websites for possible legal violations.

8. Links to social media platforms

8.1 If we offer you the technical option of connecting the Jimdo Website to an account with a social media platform (each a “social media account”), you can access content stored in the social media account and save it directly to your image library in the online service or use it on your Jimdo Website.

8.2 By integrating a social media account, you give us the binding order to search for relevant publicly accessible data associated with the social media account. We then use an interface to the social media platform(s) to search for publicly accessible information that is presumably relevant to you and make it available to you for integration into the Jimdo website. Section 14 applies accordingly.

9. Backing Up Data

We regularly create backups of our web servers. However, individual Jimdo Websites and/or Content cannot be restored from these backups. You are therefore responsible for regularly creating backups of all the Content on your Jimdo Websites, in particular to avoid damage caused by data loss. This applies in particular to data on products and buyers. We assume no responsibility and expressly disclaim any liability in this regard. We have summarized more information about this in a help article.

10. Integration of Third-Party Services

10.1 You have the option, at your own risk, to select services, products, and tools from selected external service providers via the administration area and to connect them to your Jimdo website or integrate them into your website (“Third-Party Services”).

10.2 Jimdo may refuse to integrate corresponding third-party services into the Jimdo website if legitimate interests or rights of Jimdo and/or the third-party service provider are opposed to it.

10.3 Unless otherwise expressly agreed in your contract or in these Terms of Service, a contractual relationship for the use of such third-party services is established exclusively between you and the provider of the third-party service. Jimdo is not a party to the contract and we are not liable in connection with the integration of these third-party services, in particular for:

• the proper performance of the Third-Party Service,
• the compatibility of the Third-Party Service with the Online Service or with the Jimdo Website,
• the constant availability of the Third-Party Services,
• the content of the Third-Party Services,
• the contractual relationship between the User and the provider of the Third-Party Service, and
• damages resulting from the use of the Third-Party Service, including the infringement of copyrighted content and third-party rights. You are solely responsible for the final implementation of the selected Third-Party Service, for assessing the compatibility of the Third-Party Service with the Jimdo Website and for compliance with the privacy policies, terms of use and other requirements of the Third-Party Service provider.

10.4 We will endeavor to design the Online Service in such a way that you have a selection of Third-Party Services to integrate into the Online Service, but we do not guarantee this. We also reserve the right to change the selection of Third-Party Services at any time. We will inform you of any changes as early as possible. Section 3.2 applies accordingly.

10.5 The nature and extent of the use of Third-Party Services is also governed by the respective general terms and conditions, privacy policies, terms of use and other requirements of the selected Third-Party Service, which you agree to observe. In the event of an actual or alleged breach of these provisions, you must fully indemnify us in accordance with Section 18.

11. Our Advertising

11.1 If you use a free plan, we are entitled, at our own discretion, to display advertising for Jimdo products and services or those of third parties on your Jimdo website. We will ensure that this advertising does not contain any illegal or immoral content. We do not owe you any compensation for this. You may not edit, remove or obscure the advertising placed. Should you suffer any damage as a result of the advertising being displayed on the Jimdo Website, we shall hold you harmless in this regard; the limitations of liability in Section 17 shall apply accordingly.

11.2 We may customize the administration area (e.g., in the dashboard or CMS) at our sole discretion. In particular, we are entitled to display product-related advertisements and other commercial or sponsored content in the administration area that we believe may be valuable or helpful to you in creating, designing or maintaining your Jimdo website. In doing so, we comply with the applicable legal requirements, in particular that the functionality and usability of the administration area are not significantly affected.

12. Data analysis for quality assurance and further development as well as offering our products

12.1 We reserve the right to collect and statistically evaluate data about the way our products and services work and how you use the online service (e.g. duration of visits to individual Jimdo pages, number of sub-pages created, etc.) for the purpose of quality assurance and further developing our products and services. We use the data obtained for our own purposes, in particular to correct errors and to improve the use of

12.2 Online Services and the user-friendliness of our offer. Data protection requirements under applicable law are preserved. We are also entitled to statistically evaluate purely business-related data from your use of the Jimdo Online Services (e.g. number of visitors to your website in a specific period, industry, number of orders placed and processed via the website, categories of goods/services offered, countries of recipients in the case of cross-border sales) and to process this data for the development of Jimdo Products and to improve our individualized offer. If personal data is also processed in this context, we comply with data protection and ensure data security by means of appropriate and proportionate technical and organizational measures.

13. Intellectual Property

13.1 We grant you a non-exclusive, non-transferrable, non-sublicensable right to use your own design templates that we provide you for integration into your Jimdo Products (e.g. images, texts, layout, fonts) for your Jimdo Products (“Jimdo Content”). This also applies to content created using AI-powered Jimdo features or products, as applicable. You are expressly not permitted to use Jimdo Content outside of Jimdo Products, such as in print media or other online platforms. Any other use of Jimdo Content is only permitted with our prior written consent. Clause 14 applies to Third-Party Content provided by us.

13.2 You grant Jimdo and our subcontractors the non-exclusive, transferable, worldwide, sub-licensable and royalty-free right to use the content provided by you or third parties that you enable to use the online service, in connection with the online service, including designs, texts, graphics, images, photos, software code, general terms and conditions, data protection declarations and marks, in particular logos and the display of your website or online shop (collectively “user content”), for the following purposes:

• to fulfill our contractual obligations
• to operate the online service
• for marketing purposes, in particular online, search engine and social media marketing
• to fulfill legal obligations and official orders
• to display and promote your use of the online service, including websites and online shops created, in a suitable manner to other Jimdo users or publicly (e.g. as part of an online shop recommendation or search function).

The author of the User Content waives the right to be named as the author to the extent permitted by applicable law. However, we may name you as the author at our discretion. We reserve the right to only publish the User Content on the Jimdo website if you provide suitable proof of your authorization to use the User Content on the Jimdo website. You further confirm and warrant that you own the necessary rights to use the User Content and that no rights of third parties, in particular copyrights, trademark, patent and license rights, are infringed by such use. You hereby indemnify Jimdo and our subcontractors against all legitimate claims arising from a breach of this warranty and will also reimburse us for the costs of an appropriate legal defense.

14. Suggested Third-Party Content

The following applies to the extent that we suggest content published by third parties (e.g., links, stock images, etc.) for use on or in connection with the Jimdo website (“Third-Party Content”):

• When selecting content, we use services, technologies and external services and photo providers that suggest content for the user's Jimdo website based on their own automatic algorithms and technologies.
• We endeavor to provide you with relevant sources and/or photo information for the third-party content. However, we do not assume any responsibility or guarantee for the accuracy or reliability of the information provided and the third-party content.
• It is your sole responsibility to carefully review all Third-Party Content suggested by us (or by our subcontractors) before publication on the Jimdo Website.

15.2 Term, Termination and Package Change

15.1 The term of a contract is determined by the term of the package.

15.2 Unless otherwise provided in the Service Description, the Contract will be extended by the original Contract period if it is not terminated by either party at least one (1) month before the end of the respective period. We will notify the User separately by email of the extension of the Contract in good time, at least six (6) weeks before the Contract is extended.

15.3 The individual packages and add-ons are independent services. When connected to a package, the term and billing conditions of the add-ons correspond to the term and billing conditions of the contract in connection with which you use the add-on.

15.4 You can terminate your contract with us online via the termination button on the Jimdo.com website or in the settings of your Jimdo website or in text form (e.g. by email). An email termination must be sent to the email address stored as the contact address. If you terminate a paid plan, we will store and provide the Jimdo website as part of a free plan. You can either delete this (free) Jimdo website yourself at any time or we can do so for you in accordance with Section 19.3.

15.5 When the contract is renewed, you are entitled to switch to a lower package by notifying us. To ensure the uninterrupted provision of services, you must notify us of this in text form (e.g. by email) at least one (1) month before the end of the respective contract period.

15.6 Jimdo is authorized to terminate the contractual relationship at any time without stating reasons with a notice period of twelve (12) weeks. Payments made in advance will be reimbursed to the User pro rata.

15.7 The right to extraordinary termination for good cause without observing a notice period remains unaffected. The reasons that entitle us to extraordinary termination include, among other things, all circumstances that entitle us to block the user's access to the online service in whole or in part or to suspend the provision of services under the contract, for example due to a material breach of contract by the user, including non-payment, violation of the community standards or other material obligations. Our right to claim further damages remains unaffected by termination.

16. Deletion of Data after Termination of Contract

You are responsible for backing up your data during the term of the contract and after termination of the contract. We are entitled to irrevocably delete all data from your Jimdo website no later than 4 (four) weeks after termination of the contract.

17. Liability

17.1 General Liability

We have unlimited liability in connection with the provision of the online service and other services for direct damages resulting from intent and gross negligence, personal injury and, where applicable, the Product Liability Act.

17.2 Limitation of Liability

Without prejudice to the above provisions, our total liability under these ToS, regardless of the reason and to the extent permitted by law, is limited to the value of the amount invoiced for the service in question.

17.3 Exclusion of liability

All other liability for further damages arising from the contract or from unlawful acts is hereby completely excluded to the extent permitted by law. Liability for auxiliary persons is excluded. Furthermore, we shall not be liable for indirect or consequential damages, including but not limited to lost profits, unrealized savings, additional expenses, consequential damages and third-party claims, business interruptions, punitive damages (e.g. fines, penalties and fines, contractual and conventional penalties), loss of data and data carriers, damages due to data protection violations, damages due to interventions in the IT system such as cyber incidents, malware, computer viruses and scripts.

17.4 Further exclusions

None of Jimdo's obligations under the contract constitute a warranted characteristic or other guarantee, unless this is explicitly agreed. We exclude any strict liability for defects that already exist at the time of the conclusion of the contract, to the extent permitted by law.

17.5 Special exclusions of liability:

To the extent permitted by law, we exclude any liability for sample texts or content provided free of charge and independently of our contractually guaranteed services as part of the Jimdo Packages in accordance with Section 5. This also applies to sample texts of the cookie banner.

Insofar as we provide you with an updated or modified version of our services free of charge in accordance with Section 3.3, we shall not be liable for any damages resulting from the replacement of a previous version of the free services with an updated or modified version. This includes, in particular, the loss of data and customizations associated with the previous version, the inability to continue using certain content or features of the previous version, as well as any disruptions, restrictions or incompatibilities that may occur in the course of the transition.

We exclude, to the extent permitted by law, any liability, for whatever reason and under whatever title, for the unsuccessful, untimely or unsuccessful delivery of messages and declarations in connection with the submission and receipt of declarations in accordance with Section 4.

All exclusions and limitations of liability provided for in sections 17.1 -17.5 shall also apply for the benefit of Jimdo's legal representatives and vicarious agents, affiliated companies, directors, managing directors, employees, authorized representatives, subcontractors, sub-suppliers and other auxiliary persons.

18. Responsibility and Representation

18.1 You are responsible to Jimdo to the same extent as for your own actions or omissions, for all actions and omissions of employees and third parties acting on your behalf, as well as for third parties that you enable to use the Services. In particular, you are fully responsible for ensuring that third parties you enable to use the services comply fully with all the terms of the contract; Jimdo's express consent is required to enable third parties, including affiliated companies, to use Jimdo's services.

18.2 You are responsible for ensuring that all persons who you enable to use the online service are authorized to do so within the scope of the access and use options granted to them, including the submission of legally relevant declarations.

19. Deletion and Blocking of Content and Data and Other Defense Measures

19.1 Jimdo is authorized to delete content provided by you or third parties that you have enabled to use the Online Service, and/or to block access to such content, if and to the extent that, in Jimdo's reasonable discretion, the requirements of this contract, in particular Section 7.3, are not met with regard to the content.

19.2 Furthermore, Jimdo is entitled to block your access to the online service in whole or in part and/or to suspend the provision of services under the contract if you are more than 30 (thirty) days in default of fulfilling your payment obligations under the contract in whole or in part or if you are in material breach of your other obligations under the contract or if such blocking is required by law. In this case, Jimdo is also entitled to have the Jimdo User's domain deleted by the respective registry (“CLOSE”).

19.3 If you only use a free service from us, we are entitled to irrevocably delete your account and any Jimdo Websites and the content contained therein if you do not log in to your account for a period of 180 (one hundred and eighty) days. This does not affect Section 15.8.

19.4 We may take any action necessary to prevent a breach of security of the Jimdo Website and disruption to the Online Service, including without limitation where we believe there is a risk of customer information being disclosed in an unauthorized way. You shall assist us, at your own cost and in so far as you are able, with all such actions.

20. Communication

20.1 We agree that we will communicate with each other exclusively by electronic means. Unless otherwise expressly agreed, we may send you contract-related information at our own discretion in text form (e.g. by email) or display it on the dashboard.

20.2 “Electronic communication” refers to the transmission of all legally relevant declarations regarding this contract (e.g. notifications regarding implementation, price or contract adjustments), documents including invoices and other notifications (collectively “documents”) in text form (e.g. by email) or via the password-protected Jimdo account. Documents will not be sent by post. However, we reserve the right to send documents by post in individual cases, for example if the law requires a stricter form than electronic communication.

21. Data protection and order processing

21.1 You can find information about data processing in our privacy policy.

21.1 Insofar as we process personal data on your behalf in accordance with applicable data protection law, the following order processing agreement (OPA) applies.

22. Changes to the terms of the contract

22.1 Jimdo is entitled to amend these Terms of Service and any additional terms and conditions at any time with effect for the future. Amendments may be made to adapt to applicable law or to implement the further development of contractually agreed services, provided that these amendments would not significantly change the previously agreed relationship between service and consideration in favor of Jimdo. We will notify you of the amended

contractual conditions with a notice period of at least 30 (thirty) days before they come into effect. The notification can be sent by email or made available for download in the login area (dashboard).

22.2 The amended contractual conditions shall become effective if you do not object to them in text form (e.g. by email or using the linked contact form) within the period specified in the notification and continue to use the online service after the expiry of the period. We will draw your attention to these consequences separately in the notification. The parties' other rights of termination shall remain unaffected.

23. Final Clauses

23.1 Should one or more of the provisions of the contract be or become invalid or unenforceable, the remaining provisions of the contract shall remain unaffected. In this case, the parties undertake to replace the invalid provision without delay with a valid one that comes as close as possible to the original intention. The same applies in the event of a regulatory gap.

23.2 German law applies exclusively to contracts between you and us, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”) and international private law. If you are a consumer, mandatory consumer protection provisions remain unaffected by the choice of law (in particular with regard to the conclusion of the contract, liability and the right of guarantee). Furthermore, the mandatory provisions of national and international regulations, directives, multilateral agreements and treaties remain reserved, insofar as reference has been made to them and they are applicable. For entrepreneurs: Your terms and conditions are not included in this contract, unless we have expressly agreed to their validity in text form.

For entrepreneurs: Hamburg, Germany is (i) the exclusive place of jurisdiction for all disputes arising out of or in connection with the contract and/or with regard to the validity of the contract, excluding the provisions of the United United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”) and international private law. and (ii) the place of performance for all of the parties' obligations arising from or in connection with the contract.

23.3 The parties conclude the contract in German. In the event of discrepancies in the interpretation of the contract arising from the translation into another language, the German-language provision shall be deemed binding.

23.4 For consumers: Any natural person or legal entity may contact ombudscom if there is a dispute with a telecommunications service provider or value-added service provider; see https://www.bakom.admin.ch/bakom/de/home/telekommunikation/nuetzliche-infos/schlichtung-im-fernmeldebereich/wann-kann-ich-mich-an-die-ombudscom-wenden.html.

B Additional terms for use of your own domain

B. Additional terms for use of your own domain

If you use your own domain, the following additional terms apply in addition to the ToS:

1. Registering a domain

1.1 We offer our users the option, as an add-on, to register their own domain for their Jimdo website. Domains are managed for different top-level domains (e.g. “.DE” or “.COM”) by different organizations (each a “registry”). Each of these registries has its own terms and conditions for the registration and administration of domains, which apply in the relationship between the registry and the user as the domain holder; for example, for DE domains, these are the DENIC registration e.G. The registration of a domain with an allocation agency can only be requested by a registrar (“registrar”) accredited with that agency, with whom Jimdo works.

1.2 In order to use your own domain, you must authorize us to request this domain in your name by means of a so-called agency agreement. We will then request the domain from the registry as your representative through a registrar we have authorized. We are entitled to work with a registrar of our choice to fulfill the contract.

1.3 The contract for your own domain is always concluded directly between you and the registry (“domain registration and administration contract”) and will provide for the registration of the domain in the name you have provided. We will administer the domain on your behalf.

1.4 You shall bear the costs of registering the domain, unless we have expressly assumed these.

1.4 We are entitled to apply for the domain for you only after the fees agreed for registration have been paid.

1.5 The domain is registered in an automated process in which we pass on your data to the respective registry. In some cases, verification by email is required. We have no influence over the allocation of domains by the respective registry and therefore do not guarantee that the domains requested for you will be allocated and/or that allocated domains are free of third-party rights or will endure in the long term.

1.6 Registration may fail despite availability indicated by electronic information prior to the contract. The registry may refuse registration in accordance with its terms and conditions of allocation and use. The domain is only assigned to you once it has been registered by the registry and entered in the registry's database.

1.7 If a domain you have requested has already been allocated by the time the request is forwarded to the registry, you can choose another domain.

1.8 After requesting registration from the registry, you can no longer change the requested domain.

2. Your rights and obligations

2.1 You are obliged to

• provide all the evidence required by the respective registry for the registration of a domain (e.g. proof of company name/trademark).
• provide us with only correct and complete information (e.g. data of the domain owner (“Owner-C”) and the administrative contact (“Admin-C”) as well as contact data). Should this data change, you must inform us immediately.
• to ensure that the requested domain does not infringe the rights of third parties or violate applicable law.
• to inform us immediately if you lose the rights to a domain registered for you, in particular if you renounce the domain vis-à-vis the registry or the registrar.

2.2 If the registry terminates the domain registration and administration contract, you have no claim against us for the application of a replacement domain.

2.3 For consumers: If you agree, we will immediately begin providing our services for registering the domain. In this case, your right of withdrawal will expire as soon as we have provided the service in full (i.e. upon submission of the registration to the registry). If we have started to provide the service but have not yet completed it before the right of withdrawal is exercised, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time of withdrawal compared to the total scope of the services provided for in the contract.

3. Changing the domain used for a Jimdo website and domain transfer

3.1 You can change the domain you use for the Jimdo website at any time, for example by instructing us to request a new domain for the Jimdo website.

3.2 You can also decide to have your domain managed by a different provider (registrar or reseller). To do this, you have to submit a request to change providers. We will then initiate the transfer of the domain as an additional service to be paid for and submit all the necessary declarations to the registry. We will provide you or your future domain provider with the transfer code (Auth-Code). Transferring a domain is an optional additional service and has no effect on the rest of the contract with us.

4. Conclusion of contract Costs for domain transfer

4.1 We may charge a fee of €20.00 for carrying out a domain transfer as described in section 3.2. This amount is exclusive of VAT at the statutory rate, insofar as the transaction is subject to VAT. This transfer fee is a separate additional service and covers the actual work we do for the transfer, including providing the transfer code (Auth-Code), the necessary manual processing in our internal systems, and communication with the relevant registry.

4.2 The fee is only due when you request us to transfer the domain and conclude the fee-based contract for the additional service. The contract for the domain transfer is concluded when you request us to carry out the transfer via the corresponding online process or by other agreed means. Before the order is concluded, you must actively confirm the fee-based contract for the additional service. This is done by clicking on a button labeled “order with costs”. We accept your order by confirming the transfer. At the latest, the contract is deemed to have been concluded when the transfer code (Auth-Code) is provided.

4.3 We are only obliged to start the domain transfer when the full payment of the transfer fee has been received in our specified account. Any delays caused by a late payment will be at your expense. We do not accept any liability for resulting delays or a possible failure of the transfer.

5. Failure of the domain transfer

5.1 If the domain transfer fails for reasons for which you are responsible – including, but not limited to, incorrect information, information not provided in time or a missing release by the previous domain owner – the transfer fee remains due.

5.2 In such cases, you are obliged to make the necessary corrections and to enable us to initiate the transfer again. We may charge an additional fee for re-executing the domain transfer.

5.3 If the domain transfer fails for reasons for which we are responsible, the transfer fee will be refunded to you. However, we are not liable for damages resulting from a failed transfer, unless these are due to intent or gross negligence on our part.

5.4 If the domain transfer fails for reasons beyond our and your control – including technical problems at the registry, changes in registrar policies or unforeseen force majeure events – we will notify you immediately. In such a case, the transfer fee will not be refunded unless it is impossible to repeat the transfer.

6. Termination of the domain registration and administration contract and provider change

6.1 If you wish to terminate the domain registration and administration contract with the registry, you must notify us of this termination in writing. We will then declare the termination to the registry on your behalf.

6.2 If you terminate the domain registration and administration contract with the registry as per Section 6.1, or if the registry terminates the domain registration and administration contract with you, we will then ask you to select a new domain for your Jimdo website before the domain registration and administration contract is terminated. If you do not comply with the request in a timely manner, we are entitled to suspend our services until you have determined another usable domain.

6.3 If the contract between you and us for the agreed online services ends, you must commission a provider change from us in good time, at least one (1) week before the end of this contract, so that you can continue to use the domain(s) after the end of this contract. If the User does not commission the change of provider in good time, the registry will irrevocably delete the domain and the associated email accounts (including the emails in the mailboxes).

7. Deletion of a domain by Jimdo

If you violate sections 2.1, 2.2 and 2.3 of these Additional Terms, we are entitled to terminate the agency agreement with you for the application and administration of the domain and to request the deletion of the domain at the registry. This includes the deletion of the associated email accounts (including the emails in the mailboxes).

8. Form of Declarations

All declarations, in particular domain termination and domain deletion, must be made in text form or, if this is offered in the administration area, can be submitted electronically by the User to Jimdo there or via the termination button on the Jimdo.com website.

C. Additional Terms for Jimdo Statistics

If the use of Jimdo Statistics has been agreed, the following additional terms shall apply in addition to the ToS: 

1. We provide Users with Jimdo's own analysis tool (“Jimdo Statistics”), which a User can use for statistical analysis of the use of his Jimdo Websites by website visitors.

2. The user can activate and deactivate Jimdo-Statistics in the dashboard at any time.

3. Jimdo-Statistics works without the use of cookies or similar technologies and no information is stored on or accessed from the end device of visitors to the Jimdo websites. The data of visitors to your websites is automatically collected, aggregated and processed for evaluation purposes for the user and displayed accordingly in the dashboard when they visit the website.

4. the collected data is shortened, stored as a hash value and additionally encrypted with a random value (SALT) that changes every 24 hours. This ensures that no conclusions can be drawn about the identity of individual website visitors. Furthermore, the processed data is not merged.

5. The processing of website visitor data using Jimdo Statistics is based on the user's legitimate interest in accordance with Art. 6 (1) 1 lit. f GDPR and Art. 31 (1) DSG. This legitimate interest consists of collecting relevant information about the use of the websites in order to optimize the offering. Jimdo processes the data collected for the user on the basis of a data processing agreement (DPA).

6. When Jimdo Statistics is used, personal data of the user's website visitors is processed, so that the user may need to make adjustments to their own privacy policy. This does not apply if the user uses the legal text manager, as in this case an automatic adjustment of the relevant texts is made by your partner TrustedShops.

D. Additional terms for the use of online shops

Insofar as the use of the online shop package has been agreed, the following additional terms shall apply in addition to the ToS:

1. We provide you, as a technical service provider, with the online service for operating your online shop (the package is referred to as the “Online Shop”). You are solely responsible for the design, operation and compliance with all legal requirements of the online shop and the websites created in connection with it.

2. You must design the online store in such a way that it is obvious to every visitor who the operator of the online store is. In particular, you must provide a separate imprint and a separate data protection declaration in the online shop with regard to the use of the online shop by the shop visitor, as well as general terms and conditions for the sale, if applicable, and fulfill all pre- and post-contractual information obligations arising from §§ 312ff BGB or according to the applicable legal requirements. You are responsible for this yourself.

3. No contractual or service relationship regarding the use of the online shop or articles is established between us and your shop visitors or customers, and we do not assume any responsibility or liability, regardless of the type and legal legal grounds, for the provision of services to or by customers and in particular not for the provision of the online shop or the items offered by you via the online shop, as well as for explanations or other actions by you or your customers.

4. Your obligation to indemnify us in accordance with Section 7.3 of the ToS also includes all claims, damages and costs that are asserted or incurred in connection with the following circumstances: Claims by customers or third parties arising out of or in connection with the provision of the online store by and/or the purchase or use of items offered by you through the online store, provided that any legitimate recourse claims by you against us remain unaffected.

5. You acknowledge that the Online Shop is not suitable for the sale of digital products and digital services (e.g. apps, eBooks, digital publications, PDFs, computer programs, software, software-as-a-service, online games, etc.) and was designed for business-to-consumer (B2C) sales. Jimdo does not support sales to business customers (B2B).

6. You acknowledge that the Online Shop does not fulfill the legal requirements applicable to you for the principles of proper management and retention of books, records and documents in electronic form and for data access and that no invoices, receipts or other documentation that may be relevant for tax purposes can be created for you using the Online Shop.

7. You are solely responsible for the storage of data in accordance with the legal requirements applicable to you, in particular data protection, commercial and tax law.

8. If you offer goods or services that fall under the scope of application of youth protection laws, for which an official permit is required or that are otherwise subject to approval, we recommend contacting a licensed specialist lawyer or expert. In particular, the online store does not meet all requirements for the online sale of the following items:

• Films or computer games without a youth rating in accordance with applicable youth protection laws;
• alcoholic beverages, tobacco products and other nicotine-containing products;
• products containing cannabidiol (CBD) and
• other content harmful to minors as regulated by applicable youth protection laws.

9. We do not recommend selling products or services whose sale is specially regulated via the online shop. We expressly do not assume any liability for the online shop meeting legal requirements for the sale of certain products and services. Section 17 of the ToS remains unaffected.

E. Additional terms for using the Logo Creator

If the use of the Logo Creator has been agreed, the following additional terms and conditions shall apply in addition to the ToS:

1. the Logo Creator provides you with certain symbols/graphics (“Symbols”), fonts, colors and other design elements (together with the Symbols or individually hereinafter referred to as “Design Elements”), which you can use to create and customize your own logo in a modular system.

2. The icons are provided by us or by a third-party provider (e.g. “The Noun Project”), which obtains the icons from the respective copyright holders.

3. We may offer different versions of the Logo Creator. All free logos created with the Logo Creator on the Jimdo platform are provided in a common format in the dashboard of the Jimdo account and can be downloaded in the Jimdo account.

4. We reserve the right to discontinue the free use of the Logo Creator at our own discretion with effect for the future and/or to offer it for a fee in the future. There is explicitly no right to use the Logo Creator free of charge, even if a logo has already been created using the free version.

5. We are not obliged to check the logos created with the Logo Creator for possible legal infringements; you are solely and exclusively responsible for compliance with legal requirements. We have the right (but not the obligation), at our own discretion, to reject or remove from our websites any content created using the Logo Creator. In such a case, users cannot assert any claims against us, regardless of their nature and legal basis.

6. When using the logo creator, you must exercise the necessary due diligence. In particular, you are obliged to regularly back up your data, especially the logos you have created, so that they can be restored in the event of loss or justified blocking of your Jimdo account. We are not liable for the loss of data, unless this was caused by us through gross negligence or willful misconduct. Section 17 of the Terms of Service remains unaffected.

7. You are prohibited from taking any action with the logo or design elements created using the Logo Creator that violates the Terms and Conditions, the conditions listed in this section, or the Community Standards and/or applicable law, as well as violating the rights of third parties. You agree to observe applicable law (e.g. criminal, competition and youth protection law) when creating and using your own content in connection with the creation and use of the logo and when using the logo, and not to violate any third-party rights (e.g. rights to names, trademarks, patents, licenses, copyrights and data protection).

8. We may suspend or terminate access to use of the Logo Creator at any time and at our sole discretion if we have specific information or indications that you have violated these Terms of Use, the Community Standards and/or the law. When deciding whether to suspend access, we will take appropriate account of the legitimate interests of all parties involved.

9. Upon our request, you must provide us with appropriate evidence of your identity and/or evidence of rights and licenses to use the intellectual property you use or create on or with the Logo Creator.

10. We hereby grant you a simple, perpetual, non-exclusive, irrevocable and non-transferable worldwide license to use the logo created on the Jimdo platform for the purpose of presenting and promoting your private, entrepreneurial and/or commercial activities. This includes the right to publish, distribute and reproduce the logo, as well as the right to make it publicly available for this purpose. Subject to any other applicable legal provisions, the right to edit and redesign the logo is not covered.

11. The individual design elements of the logo provided by us or our contractual partners are not covered by the granted right of use. In particular, you are not entitled to use or exploit individual or several design elements or part of the design elements separately from the logo. All other rights to and for the logo, including, but not limited to, all copyrights and other intellectual property rights relating to the logo, remain with us and/or our contractual partners.

12. The granting of the rights of use for the created logo granted in Section 1.10. is limited to a maximum of 100 (one hundred) for each license purchased for use in connection with an item for resale. An item for resale is any tangible good in which the essential value of the product results from the symbol used (e.g. merchandise items).

13. We waive our right to be named as the copyright holder under applicable copyright law.

14. We endeavor to improve and further develop the Logo Creator, but we are not obliged to do so. We reserve the right to make new functions available free of charge or against payment and/or to discontinue the provision of free functions, to change, expand and update the Logo Creator and the associated services at our own discretion after notifying the user accordingly. In particular, we reserve this right if the changes serve technical progress and/or to improve the user experience as determined by us and/or appear necessary and/or to prevent misuse. In addition, Section 24 of the ToS applies.

F. Additional Terms for Using Jimdo Business Listings

1. General

1.1 We offer the “Jimdo Business Listings” add-on as part of a package or as an individual additional service and reserve the right to offer the add-on as a chargeable or free service. Jimdo Business Listings is a service for digital location marketing. If you order Jimdo Business Listings, you can publish information about a company, such as company name, address, contact details, photos, logos and other content (collectively “company location data”) on various online and GPS systems (e.g. Facebook, Google Maps) (each a “directory partner”) and check existing publications and update them if necessary.

1.2 We use the services of Uberall GmbH, based at Hussitenstraße 32-33, 13355 Berlin, as a subcontractor for Jimdo Business Listings in Germany (“Technical Provider”). We may work with similar technical providers for Switzerland.

1.3 By entering the Business Location Data and using Jimdo Business Listings, you agree to the publication of the Business Location Data by the Directory Partners.

1.4 We are entitled to verify the Business Location Data you have submitted (e.g. by post or telephone with entry of a PIN, platform verification/login, etc.) before it can be published by the Directory Partners. For this purpose, we reserve the right, in particular if requested by a Directory Partner, not to publish it until (i) you have provided proof of business identity and proof of authority to represent the company or (ii) you have logged in to the directory partner's platform with your respective business account in order to complete the verification of the company location data (these and any other measures that may be necessary are referred to as “verification measures”). You acknowledge and agree that you will carry out the verification measures in order to be able to use the Jimdo Business Listings to their full extent.

1.5 We will transmit the Business Location Data to the Technical Provider and create a user account with the Technical Provider for you. If you already have a user account with the Technical Provider, the Technical Provider will reject the opening of another account and ask you to select one account for the use of Jimdo Business Listings. We will inform you about these measures.

1.6 We will use commercially reasonable efforts to make the Business Location Data available to the various directory partners for publication automatically. Publication of the Business Location Data may take up to three (3) months, in particular for GPS directory partners or platforms (e.g., TomTom, Cylex or similar).

1.7 We reserve the right to offer additional statistics and tips in relation to your company location data in the administration area, but we are not obliged to do so. The statistics (i.e. click rates, page views) are derived from completely anonymized data that is collected by each directory partner directly on its platform and transmitted to Jimdo at its own discretion and as determined by the technical provider for display in the administration area. The additional statistics, if available, cannot be deactivated (individually). Jimdo and the Technical Provider exercise the utmost care in developing, evaluating and providing the statistics and tips. All information, statistics and tips recorded and presented are provided without any explicit or implicit guarantee. We do not accept responsibility or liability for the accuracy, completeness, legality and reliability of the statistics and tips. We also do not guarantee the suitability of this information for the specific circumstances of the user.

2. Directory partners

2.1 The current list of directory partners with whom we work can be viewed at any time in the “Jimdo Business Listings” section of the admin area. Notwithstanding the rights to change the service under section 3.2 of the Terms and Conditions, we are entitled to change the directory partners in exceptional cases that are not within our area of responsibility (such as the insolvency or bankruptcy of the directory partner, etc.).

2.2 We expressly do not guarantee the availability of the company location data in the systems and services of the directory partners. The directory partners are not our subcontractors and are not subject to our instructions. There is expressly no entitlement to the publication of the company location data by a specific directory partner.

2.3 You acknowledge that, for reasons beyond our control, the publication of the company location data may not take place, in particular due to

• space restrictions in the directory,
• incompatibility of the company location data with the technical application (the systems) of the directory partners,
• use of other sources by the directory partners to search for the company location data,
• the directory partner's publication and update cycles, and
• impossibility for us to assign specific locations to a place

2.4 In these cases, we are only liable if you prove that Jimdo is responsible for the above reasons. Section 17 of the Terms remains unaffected.

3. Intellectual Property, Right of Use

3.1 In addition to the granting of rights to the Company Location Data in accordance with Section 13.2 of the ToS, you grant us the right to use the Company Location Data for an unlimited period of time for the following purposes:

• to combine the Company Location Data with data available from the Technical Service Provider or its affiliates, to modify and/or enrich it;
• use the Business Location Data internally within the Technical Provider's database;
• incorporate the Business Location Data into the Technical Provider's database;
• sell, distribute, promote and advertise products that incorporate Business Location Data;
• distribute (directly or through a distribution chain) the Business Location Data and/or derivative works thereof to each of the Directory Partners; and
• the use of the Business Location Data by customers of the Directory Partners.

3.2 If you delete or modify Business Location Data in the Online Service, this has no influence on the right granted to us to use the Business Location Data up to this point in time in accordance with this Section 3.

4. Your General Obligations

4.1 You shall provide us with all the documents, information and materials required for Jimdo Business Listings in good time. You warrant that the Business Location Data and other documents and materials provided to us are complete, up-to-date and accurate. In addition, Section 7.3 of the ToS shall also apply to Business Location Data.

4.2 You must enter the Business Location Data in the “Jimdo Business Listings” section of the administration area of the Jimdo Website. Jimdo is entitled to change the format of the entry in accordance with Section 4.3 of the  You acknowledge that individual directory partners do not support certain formats or that certain information cannot be published in full in the form you have submitted due to the technical specifications of individual directory partners.

4.3 Support requests are to be addressed exclusively to us via the usual support channels: https://help.jimdo.com/hc/de/articles/115005552246.

5. Indemnity

5.1 Your obligation to indemnify us under Section 17 of the Terms and Conditions also includes all claims, damages and costs, regardless of the legal basis and under whatever title, that are asserted or incurred in connection with the following circumstances: Claims asserted by third parties against us or the technical service provider arising from or in connection with the use of the company location data, provided that this does not affect any legitimate recourse claims you may have against us.

5.2 If you, Jimdo, the Technical Provider and/or a Directory Partner is faced with such a claim, or if you become aware that the Company Location Data may infringe the intellectual property rights or other rights of third parties, you are obliged, immediately upon becoming aware of this, at your own at your own expense, (i) to obtain the right to use the company location data in accordance with Section 3.1 of these Additional Terms, or, if this is not possible, (ii) to delete, replace or modify the company location data so that it no longer violates the rights of third parties.

6. Deletion and Blocking

6.1 Without prejudice to the rights of deletion and blocking under Section 19 of the ToS, we are entitled to delete the company location data and/or block your access if and to the extent that, in our reasonable discretion with regard to the company location data, Section 3.1

of these Additional Terms and/or Section 7.3 of the ToS are not fulfilled. If we become aware of any such violation, we will notify you of this by email within three (3) business days.

6.2 You acknowledge and agree that, once all or part of the Business Location Data has been used by a Directory Partner and/or its customers, we have no obligation to implement and/or ensure the deletion of the Business Location Data from any Directory Partner's or its customers' services, systems or devices and the non-modification and non-use of such by the Directory Partner, its customers or other third parties.

6.3 You further agree that to delete Organization Location Data published through Directory Partners, you must contact the Directory Partner directly.

G. Additional Terms for Jimdo App Integration

1. We offer Users a Jimdo-owned integration tool for various third-party services (Apps) that may be provided by Jimdo through a third-party service provider. This allows the User to embed content from a website or service into his/her website by inserting a URL (so-called framing). We offer Jimdo App Integration as part of a package or as an individual additional service and reserve the right to offer the add-on as a paid or free service.

2. The User can decide for themselves in the dashboard whether and which apps should be integrated. In doing so, personal data may be transmitted to the respective third-party service, over which Jimdo has no influence and to which Jimdo cannot access this data.

If apps are integrated and website visitors have consented to the setting of cookies or similar technologies on the user's website, personal data of your website visitors may also be transmitted to the third-party service provider. The processing of the website visitor's data by means of the third-party service used is based on the explicit consent of the respective website visitor in accordance with Art. 6 (1) 1 lit. a GDPR or Art. 6 (6) DSG. When using Jimdo App Integration, personal data of the user's website visitors may be processed, so that the user may need to make adjustments to their own privacy policy. This does not apply if the user uses the legal text manager, as in this case an automatic adjustment of the relevant texts is made by your partner TrustedShops. In all other respects, you yourself are responsible for compliance with data protection provisions under applicable law.

3. Please note that Jimdo does not assume any liability or guarantee for the correct and legally compliant embedding of third-party content on your website. The same applies to the content and correctness of the linked sample texts. If you have any questions, we recommend that you contact a legal expert. There is expressly no entitlement to the permanent provision of a third-party service by Jimdo.

H. Additional Terms for Jimdo Bookings

If you have purchased Jimdo Bookings as an add-on, the following additional terms shall apply in addition to the ToS:

1. We provide users with Jimdo's own booking tool (“Bookings”) for implementation on the user's website, which allows you to give your visitors the option of booking and canceling appointments in a binding and chargeable manner. It is not possible to pay for appointments using the booking tool. You can also use the booking tool to view and manage appointments that your customers have booked. As the website operator, you are responsible for ensuring that the legal requirements are met when using and designing the booking tool and the services offered in connection with it.

2. No contractual or service relationship regarding the use of the booking tool or regarding services shall come about between us and your visitors or customers, and we shall assume no responsibility or liability, regardless of the type and reason, for the provision of services to or by customers, for the provision of the booking tool or the services offered by you via the booking tool, or for explanations or other actions by you or your customers.

3. Your obligation to indemnify us under Section 17 of the ToS also includes all claims, damages and costs, regardless of the legal basis and under whatever title, that are asserted or incurred in connection with the following circumstances: Claims by customers or third parties arising out of or in connection with the provision of the booking tool by and/or the purchase or use of services offered by you via the booking tool, provided that this is without prejudice to any legitimate recourse claims you may have against us.

4. You acknowledge that the booking tool does not meet the legal requirements of the principles for the proper management and storage of books, records and documents in electronic form and for data access that apply to you and that no invoices, receipts or other tax-relevant documentation for you can be created using the booking tool.

5. You are solely responsible for the storage of data in accordance with the legal requirements applicable to you, in particular data protection, commercial and tax law.

6. Legally prohibited services may not be offered. In all other respects, our ToS and our Community Standards apply.

7. We expressly do not assume any liability for the booking tool meeting legal requirements regarding the offering of services. Section 17 of the ToS remains unaffected.

8. When using the booking tool, personal data from you and your visitors may be processed in order to use the booking tool. Therefore, you as a user may need to make adjustments to your privacy policy. This does not apply if you use the Legal Text Manager (LTG), because in this case an automatic adjustment of the relevant texts is done by our partner TrustedShops. Otherwise, you are responsible for compliance with data protection regulations under applicable law.

I. Additional Terms Jimdo Contact List

1. The Jimdo Contact List allows you to easily add your customer data to a customer list, use it, manage it and export it.

2. In addition, you can optionally obtain newsletter consent from your customers via your Jimdo website. To do this, your customers will see a checkbox in the contact form, for example, which they can check if they want to be informed by you for advertising purposes. You can view the consent status for receiving newsletters in your contact list.

3. The Jimdo contact list is available for users with the “Business” and “VIP” online shop packages.

4. No contractual or service relationship is established between us and your visitors or customers, and we expressly assume no responsibility or liability, of any kind and for any reason, for the provision of services to or by your customers, for the provision of the Jimdo Contact List or the services you offer through the Jimdo Contact List, or for any declarations or other actions by you or your customers.

5. As the website operator, you are responsible for complying with the legal requirements applicable to you when using the Jimdo Contact List. The same applies to the legally prescribed requirements regarding the storage of data (in particular in accordance with data protection, commercial and tax law).

6. Your obligation to indemnify us under Section 17 of the Terms of Service also includes all claims, damages and costs, regardless of the legal basis and under whatever title, that arise in connection with claims asserted by customers or third parties based on or in connection with the use of the Jimdo Contact List (including the administration and use of newsletter consents).

7. When using the Jimdo Contact List, personal data of you and your customers or visitors is processed. Therefore, you as a user may need to make adjustments to your privacy policy. This does not apply if you use the Legal Text Manager (LTG), because in this case an automatic adjustment of the privacy policy is done by your partner Trusted Shops. Otherwise, you are responsible for compliance with data protection regulations under applicable law.

J. Additional Terms for Google Workspace

If you use Google Workspace through Jimdo, the following additional terms apply in addition to the Jimdo Terms of Service:

Art. 1 - General

(1) The following additional terms and conditions for Google Workspace (hereinafter referred to as “Jimdo GWS Additional Terms”) apply if you (hereinafter also referred to as the “Customer”) purchase Google Workspace through Jimdo.

(2) Google Workspace is operated and provided by Google. Jimdo is a reseller for Google Workspace and is therefore only responsible for processing payments and providing 1st level support (questions about the order, billing and provision of Google Workspace). Jimdo, Google and you as the customer are independent contractual partners with regard to the Google Workspace reseller program.

(3) The Google Workspace service provided is subject to the general Google Application Service Level Agreement(“Google SLA”). The Google SLA may be updated by Google at regular intervals.

(4) The purchase and use of Google Workspace through the Jimdo Reseller Program is available exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code).

Art. 2 - Customer Obligations

(1) The Customer may only use Google Workspace if they agree to the following terms and do not violate them during the term of the contract:

• Google Workspace Terms of Service
• Google Workspace Fair Use Policy and Cloud Identity
• Data Processing Amendment to Google Workspace and/or Complementary Product Agreement
• These Jimdo GWS Additional Terms
• the Jimdo Terms and Conditions (T&C)

In case of doubt, the more specific terms and conditions take precedence over the more general terms and conditions.

(2) Consent to the terms and conditions referred to in Art. 2 (1) is usually given when the customer first registers with Google Workspace. These terms and conditions explicitly become part of these Jimdo GWS Additional Terms.

(3) In case of doubt, the terms and conditions listed in Art. 2 (1) take precedence over the Jimdo GWS Additional Terms.

(4) The Customer is responsible for creating the necessary notices and obtaining and maintaining all consents required from its end users to enable Jimdo and Google to fulfill their respective contractual obligations.

(5) The Customer is prohibited from redistributing or re-marketing Google Workspace or individual modules or services thereof to third parties.

Art. 3 - Violations of these Terms of Service

(1) Any violation of these Jimdo GWS Additional Terms by the Customer entitles Jimdo to refuse, suspend or terminate the Service to the Customer and to terminate the contract extraordinarily.

(2) The same applies to violations of the conditions mentioned in Art. 2 (1) that Google may object to and that entitle Google to refuse, suspend or terminate the service to the customer and to terminate the contract extraordinarily.

(3) The customer shall indemnify Jimdo and its representatives, officers, employees and affiliates from all claims arising from a breach of the provisions of Art. 3 (1) and (2) of these Jimdo GWS Additional Terms.

Art. 4 - Data protection & information on data security and recovery

(1) Jimdo will transfer certain customer data to Google and its partner company AppXite SIA as part of the contractual service and in accordance with the contractual conditions. This includes, for example, technical customer queries via Google Workspace that Jimdo itself is unable to answer.

(2) For the purpose of setting up Google Workspace within the Jimdo platform and in accordance with the terms of service of Google Workspace, Jimdo will in particular transfer the following customer data to Google and the partner company AppXite SIA, Matro žu iela 15, Zemgales priekšpilsēta, Rīga, LV-1048, Latvia (in particular with regard to confidentiality, data processing and security conditions):

• Username and domain to be used for the first account;
• First name
• Surname
• Address line
• City
• Postal code
• Country
• Federal state (only if applicable)
• Email address
• Company name (optional, if applicable)
• VAT registration number (optional, if applicable)
• VAT category
• VAT rate
• Number of licenses
• GW starter pack (offer ID)
• Billing cycle

(3) The legal basis for the processing of this data is the performance of the contract or in order to take steps prior to entering into a contract, Art. 6 (1) (b) GDPR.

(4) Jimdo does not back up, archive or otherwise store data, documents or emails of the customer stored by the customer in Google Workspace (no backups). Therefore, if the customer deletes data, documents or emails, or if an account is blocked or deleted due to a breach of contract, Jimdo does not accept any responsibility for the irretrievable loss of such data or documents. This applies in particular to sensitive or confidential data. Jimdo has no way of restoring deleted or otherwise lost data, documents or emails.

(5) The Customer is solely responsible for ensuring that its use of Google Workspace is legally compliant. Jimdo does not accept any responsibility for the Customer's legally compliant use of Google Workspace. In all other respects, the Jimdo Platform Privacy Policy applies.

Art. 5 – Responsibility & Liability

(1) Jimdo assumes no responsibility or liability for the provision, quality, functionality, availability or support of Google Workspace by Google, subject to the following provisions.

(2) Jimdo and its employees, representatives, agents and organs are only liable in the event of intent and gross negligence or in the event of damage to life and limb, health or damage that arises in accordance with the provisions of the Product or in the event of injury to life, limb, or health, or damages that arise in accordance with the provisions of the Product Liability Act, or violations of cardinal obligations (obligations that are essential to achieving the purpose of the contract), whereby in the latter case, liability is limited to the amount of foreseeable damages typical for the contract.

Art. 6 - Miscellaneous

(1) Availability and support for Google Workspace services are governed by the general Google Application Service Level Agreement (“SLA”). The SLA sets out the sole and exclusive remedies available to you as a customer in the event that (1) Google fails to meet the SLA requirements or (2) Google fails to meet the stated service standards. You must then assert such claims directly with Jimdo. Google will only provide technical support directly to you as a customer, as set out in the Google Workspace Terms of Service.

(2) Jimdo is entitled to adjust the commercial terms of Google Workspace, including fees, payment terms and the refund policy, without stating reasons. Before renewing a Google Workspace package, the customer should check this accordingly.

(3) Jimdo and Google are entitled to amend these Jimdo Terms of Service for Google Workspace and the terms and conditions set out in Art. 2 (1) or the SLA set out in Art. 6 (1) from time to time without prior notice to the Customer. The Customer should therefore regularly review these documents.

(4) The Jimdo Community Guidelines also apply to the use of the AppXite Partner Platform.

K. Additional Terms for Jimdo Smart Forms

1. The Jimdo Smart Forms feature allows you to create, implement, use, and manage customizable, editable form templates on your website. The information provided by your visitors in the forms will be sent to the email address you have provided. We offer Jimdo Smart Forms as part of a package or as an individual additional service and reserve the right to offer this add-on as a paid or free service.

2. Jimdo Smart Forms automatically creates form templates and can access information and content that you provided when you first registered, created and managed your website, as well as information and content that is on your website and in your user profile.

3. Jimdo Smart Forms are regenerated with each login. If you want to keep individual form templates, you have to save them and/or implement them on your website. Unsaved or unimplemented form templates expire with your logout and cannot be restored.

4. no contractual or service relationship comes into being between us and your website visitors or customers, and we do not assume any responsibility whatsoever for the provision of services to or by your customers, for the provision of Jimdo Smart Forms or the services you offer via Jimdo Smart Forms, or for explanations or other actions by you or your customers.

5. As the website operator, you are responsible for complying with legal requirements when using Jimdo Smart Forms.

6. Jimdo Smart Forms may also include the option for your customers to upload files in addition to providing information in text form. If you indicate when activating the Jimdo Smart Forms function that you operate your website as a professional subject to confidentiality requirements, your customers may release us from our professional confidentiality obligations when using Jimdo Smart Forms. If your customers revoke the granted release from the professional duty of confidentiality, you will immediately notify us of this and report the individual contents and files concerned so that we can delete them from our servers.

7. Your obligation to indemnify us under Section A., Clause 18 of the Jimdo Terms of Service also includes claims, damages and costs related to claims by customers or third parties arising out of or in connection with your use of Jimdo do Smart Forms, including obtaining newsletter consent, uploading documents or similar functions that Jimdo may provide for your use as part of Jimdo Smart Forms.

8. When using Jimdo Smart Forms, personal data of you and your customers or website visitors may be processed. Therefore, it may be necessary for you as a user to make adjustments to your privacy policy. This does not apply if you use the Legal Text Generator (LTG), because in this case an automatic adjustment of the privacy policy is made by your partner Trusted Shops.

9. Jimdo Smart Forms is not suitable or intended for the sale of physical products, services, or digital products and digital services (e.g. apps, eBooks, digital publications, PDFs, computer programs, software, software-as-a-service, online games, etc.). Jimdo Smart Forms is also not suitable and/or intended for processing payments, collecting sensitive payment data (such as credit card or bank information) or sensitive personal data in accordance with Art. 9 GDPR. You will not use Jimdo Smart Forms to carry out these processes.

10. You acknowledge that Jimdo Smart Forms does not meet the requirements of the principles for the proper management and storage of books, records and documents in electronic form and for data access (GoBD). Therefore, you will refrain from using Jimdo Smart Forms to create invoices, receipts or other documentation that may be relevant to you for tax purposes.

11. If you violate your obligations under sections 6, 9 and 10 of these Additional Terms, we have the extraordinary right to terminate the contract with you with immediate effect and to discontinue the provision of the related products and services.

12. Jimdo reserves the right to use anonymized information transmitted via Jimdo Smart Forms for training artificial intelligence models in the future. The Additional Terms for Artificial Intelligence apply.

L. Additional Terms for the Use of Artificial Intelligence

1. General

1.1 We may use artificial intelligence (AI) in connection with the offering of our products and services. Our goal in doing so is not only to create new innovative products and services, but also to sustainably improve existing products and services, as well as to customize them to your needs, make processes more efficient and develop novel solutions that offer long-term added value for you and your customers.

1.2 These Additional Terms for the Use of Artificial Intelligence govern the use of our products and services.

2. Use of content when using products and services with AI

2.1 We use the content and information you provide to access and use Jimdo Products and Services that contain or are based on AI technologies. This includes, in particular, information that you have provided when registering for or using our Products and Services, including the data in your user profile.

2.2 You grant us a perpetual, worldwide, royalty-free, transferable and sublicensable right to use the relevant content and information protected by copyright or other intellectual property rights. This right serves the purpose of improving, further developing and optimizing our products and services that are based on or contain AI, and includes in particular their use for analysis, research and development activities.

2.3 You warrant that you have the necessary rights to transfer the rights of use in accordance with paragraph 2 above and that their use does not infringe the rights of third parties.

3. Use of content for training AI models

3.1 We may use your content and information without personal reference, as well as any information you provide in the course of direct interaction with corresponding products and services with AI to create training data.

3.2 The training data will be used solely for the purpose of training, optimizing, and improving the AI models implemented by us in our products and services or underlying them.

3.3 You have the right to object to the use of your content for AI training at any time. Such an objection must be sent in writing to Datenschutz(at)jimdo.com. You acknowledge that such an objection may affect the functionality of certain products and services that rely on the processing of this content.

3.4 We ensure that all information and content used for training is processed in accordance with the provisions of the General Data Protection Regulation (GDPR) and other relevant data protection laws. In particular, we ensure that no personally identifiable information about you or your customers remains, unless this is permitted by express agreement with you. For more information, please refer to our privacy policy.

3.5 The training data is stored securely and access to it is restricted to authorized personnel involved in developing or improving the AI models. We will only retain the training data for as long as necessary to fulfill the intended purpose or as required by law.

4. Limits of AI-generated content

4.1 Our AI-based or AI-containing products and services with AI work with modern artificial intelligence models that are carefully trained and tested. The underlying technology makes predictions based on mathematical calculations and statistical probabilities based on the training and pattern recognition performed, as well as on the information and content entered.

4.2 You are aware that the basic functioning of AI technology as set out in paragraph 1 may result in the output of content and suggestions generated by the AI containing errors, inaccuracies, misleading information. You are also aware that in individual cases this may result in similar or even identical content being generated as output for different users.

4.3 For these reasons, the output provided by AI when using our products and services should always be considered as non-binding suggestions. You are always required to individually review and, if necessary, revise the output before implementing it on your website and/or basing your decisions on it.

5. Customer Responsibility for Direct Content Input and Indemnification

5.1 In addition to your obligations under Section 7.3 of the Jimdo Terms of Service, you agree that when entering content, you will not provide any confidential, copyrighted, illegal or otherwise problematic content when interacting directly with our AI-powered products and services. In particular, you ensure that the content you enter does not violate applicable law and does not infringe the rights of third parties.

5.2 Your indemnity obligation under Section 18 of the Terms also includes claims, costs, damages and expenses that third parties assert against us, our affiliates and/or subcontractors in connection with or as a result of your use of our AI-based or AI-containing products and services and/or Content generated thereby, provided that. This does not apply if we or an affiliated company and/or subcontractor are responsible for the claims, costs, damages and expenses.

6. AI-generated content and copyright

6.1 You acknowledge that the content and output generated by our AI products is generally not protected by copyright, as this content is not the result of human creative activity.

6.2 If you adopt and implement our suggestions without making your own substantial revisions, you cannot claim that this content is protected by copyright. This means that you cannot take legal action against third parties who adopt this content in an identical or almost identical form.

6.3 To establish copyright protection for the content, a significant individual revision by you is required that represents your own intellectual creation. If this is the case, you grant us a non-exclusive, worldwide right to use this revised content for the duration of the contractual relationship.

7. Transparency and Traceability

7.1 We strive to provide you with comprehensive and understandable information about how the AI models used in our products and services work in order to offer the greatest possible transparency.

7.2 We will ensure that any legal transparency obligations are fulfilled both to you and to your customers.

7.3 We will provide general explanations of the methods, the training data used, and the underlying principles of the AI technologies we use. For business, security, and technological reasons, we cannot provide detailed insights into proprietary algorithms or models. Nevertheless, we are available to answer general questions and provide explanations to increase your understanding of our systems.

8. Security measures

8.1 We use comprehensive security measures to ensure the confidentiality, integrity and availability of your information and content, as well as any input data from your customers.

8.2 These measures include, among other things, the use of modern encryption technologies to protect data during transmission and storage, as well as the implementation of strict access controls to ensure that only authorized persons can access the relevant content information and content in accordance with paragraph 1.

8.3 In addition, we conduct regular security reviews and vulnerability assessments to identify and address potential risks at an early stage. We always adhere to industry-standard security measures and best practices to protect your data from unauthorized access, loss or misuse. We continuously work to adapt our security measures to current technological developments and threats in order to provide the highest standard of protection for your data.

9. Updates and changes to AI models

9.1 We reserve the right to regularly update or modify the AI models used in products and services to improve functionality, comply with legal requirements, or update our systems to the latest technology. These changes may include minor adjustments to increase efficiency as well as major modifications that significantly expand the performance and capabilities of the AI.

9.2 You will be informed in a timely and appropriate manner of any significant changes, particularly if they could affect the way you use our services. This is to ensure that you are always aware of the latest developments and can continue to use all of our products and services smoothly.

 

M. ranking Coach Money-Back Guarantee - Only for Creator customers

Our money-back guarantee for rankingCoach

Jimdo grants you a 30-day money-back guarantee on your order of the SEO trainer rankingCoach. For consumers, this guarantee applies in parallel to the statutory 14-day right of withdrawal, but only in relation to this tool. The trial period of 30 days starts with the order. If you wish to make use of the guarantee within this period, send us your clear declaration, e.g. in text form to: support@jimdo.de or by post to Jimdo GmbH, Stresemannstraße 375, 22761 Hamburg or by fax: +49 40 - 8 22 44 998. We will refund your partial payment in relation to the SEO-Trainer rankingCoach within 2 weeks to the payment method through which we received the payment.

Version

January 2024