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.

A. General Terms and Conditions

1. Subject Matter of the Contract

1.1 Via Jimdo's online service, you can use the agreed Packages and Add-Ons as well as other agreed Services (referred to collectively and individually as "Services").

1.2 To use the online service, you must create a user account ("Jimdo Account") and agree to these Terms. Via the Jimdo Account, you can order both our free and our paid Services and, in particular, create, manage and edit websites (each individually a "Jimdo Website").

1.3 The details of our Services and fees under the Packages and Add-Ons are set out in the Service Description as amended from time to time. The specific scope of services of the Packages depends on the Package selected in each case.

1.4 If you book several Packages or Add-Ons, a separate contract is concluded for each of these Packages and for each Add-On.

1.5 We offer our Services to both consumers and business customers. If you conclude this contract for purposes that can predominantly be attributed neither to your commercial nor to your independent 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 the Contract When Ordering Packages and Add-Ons

2.1 The presentations 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, a Package or an Add-On. We reserve the right to change Packages, Add-Ons and/or Services themselves as well as content, such as images, prices and the descriptions of our Packages and Add-Ons, at any time and without prior notice. Illustrations, images, brochures or advertising and other information in connection with our Packages, Add-Ons and Services are for information purposes only.

2.2 A contract between you and us is concluded exclusively online. This requires you to create a Jimdo Account or log in and select a Service, a Package or an Add-On. By clicking the "order with obligation to pay" button, you agree to these Terms and submit a binding offer to us to conclude the contract. Before submitting the order, you can change and review the details at any time, identify any input errors and, where necessary, correct them before the binding final submission of the order.

2.3 We will then send you an email in which we confirm receipt of your order and either accept the order or reject it without assuming any liability towards you or third parties. If the order is rejected, we will refund any payment already made. The contract or contracts are only concluded upon our express acceptance declared by email.

3. Services of Jimdo, Changes to the Services and Subcontractors

3.1 We use commercially reasonable efforts 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 the power supply, power shortage, hardware and software errors), uninterrupted availability of the Jimdo Websites is not feasible. 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 the version generally made available at the relevant time. We reserve the right to extend, change or delete Services or functions and to make improvements, in particular where these serve technical progress and/or appear necessary, and in order to prevent misuse. This also includes the temporary provision of new functions in a test or beta version, which may be provided without any obligation to make them permanently available. In the case of paid Services, we will only make these changes if they are reasonable for our users or if we are obliged to do so by statutory provisions. You will not incur any additional costs as a result of such changes. Where a change to the online service requires an amendment to the contract, Section 22 applies. The provisions in this Section 3.2 do not apply where we have expressly agreed to provide specific functionalities or content.

3.3 Where we provide our Services to you free of charge, this is done in each case on an "as is" basis. In this case, we do not warrant constant availability or specific functionalities or other features. In derogation from Section 3.2, in this case we may provide you with an updated or changed version of the free Services at any time, without prior notice and without giving reasons. There is expressly no entitlement to a specific version of the Services provided by us free of charge. With regard to our liability, Section 17.5 applies.

3.4 For consumers: As a consumer, you can terminate a paid contract free of charge within 30 (thirty) days if the change to the online service impairs the accessibility or usability of the online service to more than an insignificant extent. Otherwise, the applicable statutory warranty rights apply. However, you must pay for Services provided by us up to the date on which the contract ends.

3.5 For business customers: For our paid Services, we guarantee an average availability of 98% calculated over a calendar year, unless otherwise agreed in this contract. The following are not included in the calculation of availability: (i) maintenance periods of up to four (4) hours per week and (ii) interruptions in availability for which we are not responsible, for whatever reason. We endeavour to keep maintenance periods as short as possible and to announce them sufficiently in advance.

3.5 We are entitled to use affiliated companies and any other subcontractors in the provision of our Services.

4. Submission and Receipt of Declarations

Where we enable you to send or receive messages or declarations within the online service, we always act solely as a messenger or vicarious agent. You are yourself responsible for ensuring that such a declaration can reach you at any time. We will attempt to deliver declarations that we transmit to you by email three times on the day on which they were received via the online service. After that, we will not make any further delivery attempt. With regard to our liability, Section 17.5 applies.

5. Sample Texts and Content

We may provide you by default with Sample Texts and Content (e.g. "About me" page, cookie banner texts, etc.), which 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 owe the accuracy, completeness, timeliness, suitability or legal compliance 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 functions or products. With regard to our liability, Section 17.5 applies.

6. Terms of Payment, Invoice, Debt 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 respective initial contract term. All prices stated include the applicable VAT. All prices for users in Switzerland are stated in Swiss francs (CHF). The fee is due 14 (fourteen) days after receipt of the invoice, unless we have agreed otherwise. Jimdo will collect all payments via the payment method chosen by the user. If automatic debiting is not possible, the user will be sent a payment link by Jimdo on the day of the contract renewal. Payment for the new contract term must be made via this link within 14 (fourteen) days in order to continue receiving the contractual Services. The period for any discount granted also begins at this point in time. Where Services are provided by us at a reduced price on the basis of an agreed discount, this applies exclusively to the Services designated by Jimdo as discounted in the ordering process and, unless otherwise stated, only to the first contract period of a contract term. The contract is subsequently renewed at the regular, non-discounted price.

6.2 When paying by bank transfer, the payment reference specified by Jimdo must be stated. If the user makes a transfer with a different payment reference, the user must inform Jimdo without delay and provide Jimdo with proof of payment. This proof must contain the following data in full and in legible form: the bank details (IBAN) of the sending account, the name of the account holder, the payment date, the amount, the payment reference and the bank details (IBAN) of the recipient. The burden of proving that a payment has been made lies with the Jimdo user.

6.3 Jimdo is entitled to block access to the online service in whole or in part, temporarily or permanently, and/or to suspend the provision of the Services under the contract if the user is in default with the fulfilment of their payment obligations under the contract, in whole or in part, for more than 30 (thirty) days. In this case, after the unsuccessful expiry of a further reminder period of 10 (ten) days, Jimdo is furthermore entitled to have the user's domain deleted at the respective registry ("CLOSE") as well as the associated email accounts (including the emails in the mailboxes). Jimdo expressly accepts no liability for outages, damage or loss of revenue caused by blocking the site or deleting the domain due to incorrect or late payment, provided that the user is responsible for the error or the delay.

6.4 Chargebacks: Should a chargeback of a payment occur on the part of the user, Jimdo reserves the right to block the Jimdo Account concerned and/or, at Jimdo's option, to terminate the associated contract or contracts for cause and to discontinue or suspend all Services with immediate effect. Renewed use of the Jimdo online services is only possible after all outstanding claims have been settled. Fees incurred by Jimdo as a result of the chargeback, the rejection of a payment or the opening of a dispute will additionally be invoiced to the Jimdo user. Jimdo is not liable for any fees or other amounts that your bank or the payment service provider chosen by you may charge you as a result of processing your charged-back payment. We expressly reserve the right to assert further claims for damages.

6.5 We may change the prices for our Services with effect for the future, provided that this does not alter the equivalence between performance and consideration. This is the case in particular if the costs of providing our Services on which we base the calculation of the price change, or if we change the scope of the Services (e.g. higher costs for hosting, provision of new functionalities). In the case of existing paid contracts, the changes 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 are deemed to have been effectively agreed as of the expiry of the period. In the notification of change, we will once again draw your attention to your right to object and to the consequences of an objection. If you object to the proposed changes, the contract ends upon expiry of the original contract term without the need for termination. You are yourself responsible for any backup of your data and information resulting from your previous use of our Services.

6.6 For business customers:

Business customers in Switzerland receive a net invoice.

For business customers established in Switzerland, invoices are issued showing Swiss value added tax (VAT), unless a case of tax exemption or reverse charge expressly applies. Business customers with their registered office in Switzerland are obliged to provide us with a valid VAT number and the relevant company details when ordering, insofar as this is necessary for correct invoicing.

Changes in VAT practice remain reserved.

6.7 For customers with a billing address in Switzerland, the following applies in the event of late payment:

If you are in default with a payment, you owe default interest at a rate of 5% (five per cent) per annum. For each reminder sent to you after default has occurred, we may charge you CHF 20.00 (twenty Swiss francs). Jimdo further has the right, after an unsuccessful reminder, to hand over unpaid claims to an external debt collection agency for collection of the claim. All debt collection, legal and court costs shall additionally be borne by you in full. We reserve the right to prove and assert 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 the use of one of the browsers (e.g. Google Chrome, Mozilla Firefox) and operating systems (iOS and Android) most widely used worldwide at the relevant time, in their current and previous version.

7.2 You can choose an available subdomain under which we publish your Jimdo Website. You are not entitled to redirect an externally hosted domain to a free Jimdo Website or to display the free Jimdo Website within an external website (e.g. embedding via frame or iFrame).

7.3 When using the online service and making use of other Services, you are in particular obliged

• to comply with all applicable law, including the law on the protection of minors, product liability, product safety, e-commerce (in particular statutory obligations regarding provider identification), competition, data protection (in particular the respectively applicable data protection provisions of Regulation (EU) 2016/679 ("GDPR") and the Swiss Federal Act on Data Protection (FADP, SR 235.1)) and tax law, and in particular to obtain at your own expense, and maintain throughout the entire term of the contract, all required official and otherwise necessary consents, permits and approvals;

• to comply at all times with the requirements of our Community Standards as amended from time to time and not to use, in connection with the Services provided by us, any content, including texts, graphics, images, photos, domain names, information, general terms and conditions and/or privacy policies, the use of which is not in accordance with our Community Standards;

• when registering for the online service, to provide personal data truthfully and completely 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 of incidents, which suggest that these requirements of Section 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 at your own expense by taking suitable measures to remedy the Disruption;

• to designate a natural person as a contact person 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 continuous checks with regard to any such obligations.

You shall indemnify Jimdo, companies affiliated with Jimdo and subcontractors against all claims, damages and costs (including litigation and legal advice costs as well as costs for experts) asserted arising from or in connection with an actual or alleged infringement by you or by a person whom you enable to use the Services, in particular of the requirements of this Section 7.3. The obligation of indemnification does not apply to the extent that Jimdo or a third party is responsible for the occurrence of the relevant claims, damages or costs.

7.4 We are not obliged to check your Jimdo Websites for any legal infringements and, unless expressly provided otherwise in your contract or these Terms and to the extent permitted by law, we disclaim any liability in this regard.

8. Linking with Social Media Platforms

8.1 Where we offer you the technical option of connecting the Jimdo Website with an account on a social media platform (each a "Social Media Account"), you can access content stored in the Social Media Account and save it directly in 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 instruction to search for relevant publicly accessible data associated with the Social Media Account. We then search, by means of an interface to the social media platform(s), 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. Backup of Data

We regularly create backup copies (backups) of our web servers. However, individual Jimdo Websites and/or content cannot be restored from these backups. You are therefore yourself responsible for creating regular backups of all content of your Jimdo Websites, in particular in order to avoid damage caused by data loss. This applies in particular to data on products and buyers. We accept no responsibility in this regard and expressly disclaim any liability in this regard. We have summarised more information on this in a help article.

10. Integration of Third-Party Services

10.1 Via the administration area, you generally have the option, at your own risk and peril, to select services, products and tools from selected external service providers and to connect them to your Jimdo Website or to integrate them into your website ("Third-Party Services").

10.2 Jimdo may refuse the integration of such Third-Party Services into the Jimdo Website if this would conflict with the legitimate interests or rights of Jimdo and/or the provider of the Third-Party Service.

10.3 Unless expressly agreed otherwise in your contract or these Terms, a contractual relationship regarding the use of such Third-Party Services is concluded exclusively between you and the provider of the Third-Party Service. Jimdo does not become a contracting party, and in connection with the integration of these Third-Party Services we are in particular not liable 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 relationships between the user and the provider of the Third-Party Service

• damage arising from the use of the Third-Party Service, including the infringement of copyright-protected content and third-party rights.

You alone are exclusively 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 provider of the Third-Party Service.

10.4 We will endeavour to design the online service in such a way that you have a choice of Third-Party Services for integration 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 change as early as possible. Section 3.2 applies accordingly.

10.5 The nature and scope of the use of Third-Party Services are 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 undertake to observe in each case. In the event of an actual or alleged breach of these provisions, you shall fully indemnify us in accordance with Section 7.3.

10.6 For integrated payment services (Stripe, PayPal or other payment providers offered by Jimdo), the provisions in Part D of these Terms apply additionally. For the use of JimdoPay, the supplementary provisions in Part N of these Terms apply in turn; Sections 10.1 to 10.5 do not apply to JimdoPay. In this respect, Jimdo merely provides the technical interface and does not itself become a contracting party to the payment processing. The use of payment services other than those integrated or supported by Jimdo, as well as any circumvention or other misuse of the technical integrations or payment functions, is prohibited. A breach may lead to the blocking of the account or the termination of the contract in accordance with Section 19.

11. Our Advertising Activities

11.1 If you use a free Package, we are entitled, at our own discretion, to display advertising for products and services of Jimdo or third parties on your Jimdo Website. In doing so, we ensure that this advertising does not contain any unlawful or immoral content. We owe you no remuneration for this. You may not edit, remove or conceal the advertising placed. Should you suffer damage as a result of the display of advertising on the Jimdo Website, we shall indemnify you in this respect; the limitations of liability in Section 17 apply accordingly.

11.2 We are entitled to design the administration area (e.g. in the dashboard or CMS) at our own discretion. In particular, we are entitled to display product-related advertisements and other commercial or sponsored content in the administration area which, in our discretion, may be valuable to you or helpful 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 materially impaired.

12. Data Analysis for Quality Assurance and Further Development, and Offering of Our Products

12.1 We reserve the right, for the purpose of quality assurance and further development of our products and Services, to collect and statistically evaluate data on their functioning and on your use of the online service (e.g. visit duration of individual Jimdo pages, number of subpages created, etc.). We use the data obtained in this way for our own purposes, in particular to fix errors and to improve the use of the online services and the user-friendliness of our offering.

12.2 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 given period, industry, number of orders abandoned and completed via the website, categories of goods/services offered, recipient countries for cross-border sales) and to process such data for the development of Jimdo products and to improve our personalised offering. In addition, we may also use such information in aggregated form for research and analysis purposes, for example to monitor market trends or to further develop digital offerings, where appropriate also in cooperation with carefully selected partners, provided that it is impossible to trace the information back to individual users.

13. Intellectual Property

13.1 We grant you the non-exclusive, non-transferable, non-sublicensable right to use our own design templates that we make available to you for integration into your Jimdo products (e.g. images, texts, layout, fonts) for the Jimdo products you use ("Jimdo Content"). This also applies to content created with the help of AI-supported Jimdo functions or products, where applicable. You are expressly not permitted to use Jimdo Content outside of Jimdo products, such as in print media or on other internet platforms. Any other use of Jimdo Content is only permitted with our prior written consent. Section 14 applies to Third-Party Content provided through us.

13.2 You grant Jimdo and our subcontractors the non-exclusive, transferable, worldwide, sublicensable and royalty-free right, for the duration of the contractual relationship, to use the content made available in connection with the online service by you or by third parties whom you enable to use the online service, including designs, texts, graphics, images, photos, software code, general terms and conditions, privacy policies and identifying marks, in particular logos, as well as the depiction of your website or online shop (together "User Content"), for the following purposes:

• to fulfil our contractual obligations

• to operate the online service

• for marketing purposes, in particular online, search engine and social media marketing

• to fulfil legal obligations and official orders

• to display and promote your use of the online service, including websites or online shops created, in an appropriate 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, to the extent legally permissible under applicable law, the right to be named as author. However, attribution by name may be given at our discretion. We reserve the right to publish the User Content on the Jimdo Website only if you provide suitable proof of your entitlement to use the User Content on the Jimdo Website. You further confirm and warrant that you hold the necessary rights of use to the User Content and that its use does not infringe any third-party rights, in particular copyrights, trademark, patent and licence rights. You hereby indemnify Jimdo and our subcontractors against all justified claims arising from a breach of this warranty and shall also reimburse us for the costs of an appropriate legal defence.

14. Suggested Third-Party Content

Insofar as we suggest content published by third parties (e.g. links, stock images, etc.) to you for use on or in connection with the Jimdo Website ("Third-Party Content"), the following applies:

• In making the selection, we use services, technologies as well as external services and photo providers which, based on their own automatic algorithms and technologies, suggest content for the user's Jimdo Website.

• We endeavour to provide you with relevant source and/or photo information for the Third-Party Content. However, we accept no responsibility and give no guarantee for the accuracy or reliability of the information provided and of the Third-Party Content.

• It is your sole responsibility to carefully review all Third-Party Content suggested by us (or by subcontractors engaged by us) before publication on the Jimdo Website. Sections 7.3 and 7.4 also apply accordingly to Third-Party Content.

15. Term, Termination and Change of Package

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

15.2 Unless otherwise specified in the Service Description, the contract is extended by the respective original contract term if it is not terminated by either party at least one (1) month before the end of the respective term. We will inform the user separately by email of the contract extension in good time, at the latest 6 (six) weeks before the contract is extended.

15.3 The individual Packages and Add-Ons are independent Services. When combined with 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. If the Additional Terms separately agreed for an Add-On provide for a different, independent term or termination provision (such as the JimdoPay Additional Terms), that provision takes precedence.

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). Termination by email must be sent from the email address stored as the contact address. In the event of termination of the contract for a paid Package, we will store and provide the Jimdo Website under a free Package. You can delete this (free) Jimdo Website either in accordance with Section 19.3 or yourself at any time.

15.5 At the time of a contract extension, you are entitled to switch to a lower Package by notifying us. In order to continue to ensure the uninterrupted provision of the 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 term.

15.6 Jimdo is entitled to terminate the contractual relationship at any time without stating reasons by giving twelve (12) weeks' notice. Payments made in advance will be refunded to the user proportionately (pro rata).

15.7 The right to extraordinary termination for good cause without observing a notice period remains unaffected. The grounds entitling us to extraordinary termination include, among others, 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 the 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 of other material obligations. Our right to claim further damages remains unaffected by a termination.

16. Deletion of Data after Termination of the Contract

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

17. Liability

17.1 General liability

In connection with the provision of the online service and other Services, we are liable without limitation for direct damage resulting from intent and gross negligence, from personal injury and, where applicable, under the Product Liability Act.

17.2 Limitation of liability

Without prejudice to the foregoing provisions, our total liability under these Terms, irrespective of the legal grounds and to the extent permitted by law, is limited to the value of the amount invoiced for the Service concerned.

17.3 Exclusion of liability

Any further liability for other damage arising from contract or tort is hereby excluded in full, to the extent permitted by law. Liability for auxiliary persons is excluded. In addition, we are not liable for indirect and consequential damage, including in particular but not limited to loss of profit, unrealised savings, additional expenses, consequential damage and third-party claims, business interruption, damage of a punitive nature (e.g. fines, penalties and warning fines, contractual and conventional penalties), loss of data and data carriers, damage resulting from data protection breaches, and damage resulting from interference with the IT system such as cyber incidents, malware, computer viruses and scripts.

17.4 Further exclusions

None of Jimdo's obligations under the contract constitutes a warranted characteristic or any other guarantee, unless this has been expressly agreed. To the extent permitted by law, we exclude any no-fault liability for defects already existing at the time the contract is concluded.

17.5 Special exclusions of liability

To the extent permitted by law, we exclude any liability for Sample Texts and Content pursuant to Section 5. that we provide free of charge and independently of our contractually warranted Services within the scope of the Jimdo Packages. This also applies to sample texts for the cookie banner.

Insofar as we provide you with an updated or modified version of our Services free of charge pursuant to Section 3.3, we are not liable for damage arising from the replacement of a previous version of the free Services with an updated or modified one. This includes in particular the loss of data and customisations associated with the previous version, the impossibility of continuing to use certain content or functions of the previous version, and any disruptions, restrictions or incompatibilities that may occur in the course of the changeover.

In connection with the sending and receipt of declarations pursuant to Section 4., we exclude, to the extent permitted by law, any liability, for whatever reason and on whatever legal grounds, for the unsuccessful, late or failed delivery of messages and declarations.

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

18. Responsibility and representation

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

18.2 You are responsible for ensuring that all persons whom you enable to use the online service are authorised by you, within the scope of the access and usage rights granted to them, including with regard to making legally relevant declarations.

19. Deletion and blocking of content and data and other defensive measures

19.1 Jimdo is entitled to delete content provided in connection with the online service by you or by third parties whom you enable to use the online services and/or to block access to such content if and to the extent that, in Jimdo's reasonable discretion, the content does not meet the requirements of this contract, in particular Section 7.3.

19.2 Jimdo is furthermore entitled to block your access to the online service in whole or in part and/or to suspend the provision of the Services under the contract if you are more than 30 (thirty) days in default with the fulfilment of your payment obligations under the contract, in whole or in part, or if you materially breach your other obligations under the contract, or if such blocking is required by law. In this case, Jimdo is furthermore entitled to have the Jimdo user's domain deleted by the relevant 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 on them if you do not log in to your account for a period of 180 (one hundred and eighty) days. Section 15.7 remains unaffected.

19.4 We are entitled to take all defensive measures necessary to prevent a security breach on the Jimdo Website and disruption of the online service. This applies in particular if there is a risk that customer information will be disclosed without authorisation. You are obliged to support us comprehensively and to the best of your knowledge in the defensive measures, at your own expense.

20. Communication

20.1 We agree that, as a matter of principle, we communicate exclusively by electronic means. Unless expressly agreed otherwise, we may, at our own discretion, send you contract-related information in text form (e.g. by email) or display it via the Dashboard.

20.2 "Electronic communication" means the transmission of all legally relevant declarations concerning this contract (e.g. notices regarding performance, price or contract adjustments), documents including invoices, and other notices (together "Documents") in text form (e.g. by email) or via the password-protected Jimdo Account. Documents are not sent by post. However, we are free to send Documents by post in individual cases, for example where a stricter form than electronic communication is required by law.

21. Data protection and data processing on behalf

21.1 Information on data processing can be found in our Privacy Policy.

21.2 Insofar as we process personal data on your behalf under applicable data protection law, the following Data Processing Agreement (DPA) applies.

22. Amendments to the contractual terms

22.1 Jimdo is entitled to amend these Terms and Additional Terms 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 such amendments would not significantly alter the previously agreed balance between performance and consideration in Jimdo's favour. We will notify you of the amended contractual terms at least 30 (thirty) days before they take effect. Notification may be given by email or by making the terms available for download via the log-in area (Dashboard).

22.2 The amended contractual terms take effect if you do not object to them in text form (e.g. by email or via the linked contact form) within the period stated in the notification and continue to use the online service after the period has expired. We will draw your attention separately to these consequences in the notification. Any other termination rights of the parties remain unaffected.

23. Final provisions

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

23.2 Contracts between you and us are governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law") and private international law. If you are a consumer, mandatory consumer protection provisions remain unaffected by this choice of law (in particular with regard to the conclusion of the contract, liability and warranty law). Furthermore, the mandatorily applicable 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 business customers: Your terms and conditions of business are not incorporated into this contract unless we have expressly agreed to their application in text form.

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

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

23.4 For consumers: Any natural or legal person may contact ombudscom in the event of a dispute with a provider of telecommunications or value-added services, 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

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 the Use of Jimdo Local

1. General

1.1 We offer the Add-On "Jimdo Local" 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. Jimdo Local is a service for digital location marketing. If you order Jimdo Local, you can publish information about a business, such as the company name, address, contact details, photos, logos and other content (together "Business Data"), on various online and GPS systems (e.g. Facebook, Google Maps) (each a "Directory Partner") and review and, where applicable, update existing publications.

1.2 We use subcontractors for Jimdo Local ("Technical Provider").

1.3 By entering the Business Data, using Jimdo Local and confirming these Additional Terms, you consent to the publication of the Business Data by the Directory Partners.

1.4 We are entitled to carry out a verification of the Business Data submitted by you (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 where this is required by a Directory Partner, to publish the Business Data only once (i) you have provided proof of business identity and proof of authority to represent the business 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 Business Data (these and any other measures that may be required, "Verification Measures"). You acknowledge and agree to carry out the Verification Measures in order to be able to use Jimdo Local to its full extent.

1.5 We will transmit the Business 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 refuse to open a further account and will ask you to select an account for the use of Jimdo Local. We will inform you of these measures.

1.6 We will use commercially reasonable efforts to make the Business Data automatically available to the various Directory Partners for the purpose of publication. The publication of the Business Data may take up to three (3) months; this applies in particular to GPS Directory Partners or platforms (e.g. TomTom, Cylex or similar).

1.7 We reserve the right, but are not obliged, to offer additional statistics and tips relating to your Business Data in the administration area. The statistics (i.e. click rates, page views) are derived from fully anonymised data that is collected by each Directory Partner directly on its platform and transmitted to Jimdo for display in the administration area at its own discretion and as determined by the Technical Provider. The additional statistics, where available, cannot be deactivated (individually). Jimdo or the Technical Provider exercises the utmost care in preparing, evaluating and providing the statistics and tips. All information, statistics and notes recorded and presented are provided without any express or implied warranty of any kind. Neither responsibility nor any liability whatsoever is assumed for the accuracy, completeness, lawfulness and reliability of the statistics and tips. Likewise, no warranty is given as to the suitability of this information for the particular circumstances of the user.

2. Directory Partners

2.1 The current list of Directory Partners with whom we cooperate can be viewed at any time in the "Jimdo Local" section of the administration area. Without prejudice to the rights to change the Service under Section 3.2 of the Terms, we are entitled to change the Directory Partners in exceptional cases that lie outside our sphere of responsibility (such as the insolvency of the Directory Partner, etc.).

2.2 We give no guarantee as to the availability of the Business 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 no entitlement to the publication of the Business Data by any particular Directory Partner.

2.3 You acknowledge that, for reasons beyond our control, the publication of the Business Data may not be possible, in particular in the event of

• a) space restrictions in the directory,

• b) incompatibility of the Business Data with the technical application (the systems) of the Directory Partners,

• c) use by the Directory Partners of other sources to search for the Business Data,

• d) publication and update cycles of the Directory Partner, and

• e) impossibility for us to assign certain locations to a place.

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

2.5 Some Directory Partners are not present in all countries and do not accept every industry. Some directories are aimed exclusively at certain industries (e.g. hospitality), while others expressly exclude individual industries. Consequently, the number and identity of the Directory Partners actually available to you vary depending on the location of your business and the industry you have selected. There is no entitlement to the publication of the Business Data in a particular country or for a particular industry.

3. Intellectual Property

3.1 In addition to the grant of rights in the Business Data pursuant to Section 13.2 of the Terms, you grant us a right of use in the Business Data, unlimited in time, for the following purposes:

• a) to combine the Business Data with data held by the Technical Provider or its affiliates, and to modify and/or enrich it;

• b) to use the Business Data internally within the Technical Provider's database;

• c) to include the Business Data in the Technical Provider's database;

• d) to sell, distribute, promote and advertise products containing Business Data;

• e) to distribute the Business Data and/or derivative works thereof (directly or via a distribution chain) to any of the Directory Partners, and

• f) the use of the Business Data by customers of the Directory Partners.

3.2 If you delete or change Business Data in the online service, this shall not affect the right granted to us to use the Business Data up to that point in time in accordance with this Section 3.

4. Your General Obligations

4.1 You shall provide us in good time with all documents, information and materials required for Jimdo Local. You warrant that the Business Data and other documents and materials provided to us are complete and accurate. In addition, Sections 7.3 and 7.4 of the Terms in particular also apply to Business Data.

4.2 You must enter the Business Data in the "Jimdo Local" section of the administration area of the Jimdo Website. Jimdo is entitled to change the input format in accordance with Section 3.2 of the Terms. You acknowledge that individual Directory Partners do not support certain formats or that, due to the technical requirements of individual Directory Partners, individual items of information cannot be published in full in the form submitted by you.

5. Indemnification

5.1 Your obligation to indemnify under Section 7.3 of the Terms also covers claims, damages and costs asserted or incurred in connection with the following circumstances: claims asserted by third parties against us or the Technical Provider arising from or in connection with the use of the Business Data, provided that any recourse claims you may have against us remain unaffected.

5.2 If you, Jimdo, the Technical Provider and/or a Directory Partner are faced with such a claim, or if you become aware that the Business Data could infringe third-party intellectual property rights, you are obliged, immediately upon becoming aware of this and at your own expense, (i) to procure the right of use in the Business Data in accordance with Section 3.1 of these Additional Terms, or (ii) to delete, replace or modify the Business Data so that it no longer infringes any third-party rights.

6. Deletion and Blocking

6.1 Without prejudice to the rights of deletion and blocking under Section 19 of the Terms, we are entitled to delete the Business Data and/or block your access if and to the extent that, in our reasonable discretion, Section 3.1 of these Additional Terms and/or Section 7.3 of the Terms are not complied with in respect of the Business Data. If we become aware of such a violation, we will inform you of it by email within three (3) working days.

6.2 You acknowledge and agree that, once the Business Data has been used in whole or in part by a Directory Partner and/or its customers, we are not obliged to ensure the deletion of the standard business data from all services, systems or devices of the Directory Partners or their customers, or that it is not modified or used by the Directory Partner, its customers or other third parties.

6.3 You agree that, for the deletion of Business Data published via Directory Partners, you must contact the Directory Partners directly.

7. Social Publishing

7.1 As part of Jimdo Local, Jimdo offers the publication of content on social media platforms ("Social Publishing"). These functions enable you to create content and publish it to social media accounts connected by you, and to embed links to this content or these profiles on your Jimdo Website.

7.2 To use the Social Publishing functions, you must link your account on the respective social media platform (e.g. Facebook, Instagram) to your Jimdo Account via an authentication procedure (e.g. OAuth). By establishing the link, you grant Jimdo technical permission to publish content on your behalf on the respective platform, to the extent that this is necessary for the use of the Social Publishing functions.

7.3 The creation, selection and publication of content take place exclusively at your instigation. Jimdo publishes content only following a corresponding action by you (e.g. by confirming or publishing via the user interface). You can disconnect social media accounts at any time; from that point onwards, further publication via these accounts is no longer possible.

7.4 The use of the Social Publishing functions requires that the respective social media platform provides the necessary technical interfaces. Jimdo has no influence on the scope, availability or changes of the functions of the respective platforms. There is no entitlement to the permanent availability of particular platforms or functions.

7.5 You are solely responsible for the content created, published or linked by you, as well as for its lawfulness, accuracy and compliance with the terms of use and policies of the respective social media platform. This applies in particular with regard to requirements under competition law, copyright law, trademark law and data protection law.

7.6 Upon termination of the contract or disconnection of a social media account, the access rights required for the use of the Social Publishing functions will be deleted or deactivated. Content already published on social media platforms remains unaffected by this and is subject to the deletion and retention rules of the respective platform.

F. 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.

G. Supplementary Terms for Jimdo Bookings

If you have added Jimdo Bookings as an add-on, the following supplementary terms apply in addition to our Terms of Service:

1.1 We offer users a Jimdo-native booking tool (“Bookings”) for implementation on their Jimdo website. This tool enables your visitors to make and cancel binding and paid appointments. Payments cannot be processed through the tool. You can view and manage booked appointments made by your customers through the tool. Customers receive a reminder via SMS sent to the phone number they provided. The booking tool includes a reminder function to ensure a smooth booking process. Your customer can unsubscribe from this function at any time via the opt-out link in the message. You are responsible for ensuring legal compliance when using and designing the tool and any associated services.

1.2 No contractual or service relationship is formed between us and your visitors or customers regarding the use of the booking tool or the services offered through it. We do not accept any responsibility for the provision of services to or by customers, nor for the availability or functionality of the booking tool or services you offer through it, nor for statements or other actions taken by you or your customers.

1.3 Your indemnification obligation under section 18 of the Terms of Service also includes claims, damages, and costs arising in connection with the following: claims brought by customers or third parties due to or in connection with the provision of the booking tool and/or the purchase or use of services you offer via the tool. This does not affect your right to assert recourse claims against us.

1.4 You acknowledge that the booking tool does not comply with the German GoBD requirements for proper bookkeeping, retention of records in electronic form, and data access. No invoices, receipts, or other tax-relevant documents can be generated using the tool.

1.5 You are solely responsible for data retention in accordance with applicable commercial and tax laws.

1.6 You may not use the booking tool to offer services that are legally prohibited. In all other respects, our Terms of Service and Community Standards apply.

1.7 We accept no liability for whether the booking tool meets legal requirements related to the services offered.

1.8 The use of the booking tool may involve the processing of personal data relating to you and your visitors. You may therefore need to update your privacy policy. This does not apply if you use the Legal Text Generator (LTG), in which case the relevant texts are automatically updated by your Trusted Shops partner.

H. 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.

I. Supplementary Terms for Google Workspace

To the extent that you use Google Workspace through Jimdo, the following additional terms apply in addition to Jimdo's general terms and conditions (AGB):

Art. 1 - General Provisions

(1) The following additional terms for Google Workspace (hereinafter referred to as "Jimdo GWS Additional Terms") apply to the extent that you (hereinafter also referred to as the "Customer") purchase Google Workspace through Jimdo. When you complete your Google Workspace add-on booking and successfully select your domain, Jimdo will initiate the setup of your Google Workspace account for you.

(2) Google Workspace is operated and provided by Google. Jimdo acts solely as a reseller and technical intermediary for Google Workspace. Jimdo is responsible for processing payments and for providing 1st level support (questions regarding ordering, billing, and provisioning of Google Workspace). Jimdo, Google, and you as the customer are independent contracting parties under the Google Workspace reseller program. The account is set up and operated by Google in your name. Jimdo does not have direct access to your Google Workspace account and does not manage it after it has been set up.

(3) The provided Google Workspace service 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 billing period starts when you successfully book, not when you first use your Google Workspace account. If the setup of your Google Workspace account is unsuccessful due to technical problems or incorrect customer data (for example, incorrect domain configuration), Jimdo will inform you and, if possible and clear, help you find a solution. If full provision is not completed within 14 days after billing, the order can be canceled.

(5) When you cancel your Google Workspace add-on, Jimdo’s contractual obligations end with the current billing period. Access to the account may continue beyond this point, but is exclusively subject to Google’s rules. Jimdo does not have direct access to deactivate or delete your account or any data within it, and recommends that you export or back up your data before canceling. You understand that reactivation after cancellation may not restore your previous account, data, or settings.

(6) Purchasing and using Google Workspace through the Jimdo reseller program is available exclusively to entrepreneurs as defined in § 14 of the German Civil Code (BGB). There is no statutory right of withdrawal.

Art. 2 - Customer Obligations

(1) Using Google Workspace requires agreeing to Google’s Terms of Service, Privacy Policy, and product-specific rules. You agree to these terms directly with Google when you activate your account for the first time. You may only use Google Workspace if you agree to the following conditions and do not violate them during the term of the contract:

• Terms of Use for Google Workspace
• Fair Use Policy for Google Workspace and Cloud Identity
• Data Processing Amendment to Google Workspace and/or Complementary Product Agreement
• These Jimdo GWS Additional Terms
• The Jimdo Terms Of Service (AGB)

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

(2) The agreement to the conditions listed in Art. 2 (1) is generally given with your first login to Google Workspace. The aforementioned terms explicitly become part of these Jimdo GWS Additional Terms.

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

(4) You are responsible for providing all information required to set up and use Google Workspace correctly and completely, especially regarding your domain and technical connections. It’s also up to you to make all necessary notifications and obtain and maintain all consents required from your end customers, so that Jimdo and Google can fulfill their contractual obligations. Any delays or errors in provisioning caused by incomplete or incorrect information provided by you are outside Jimdo’s control.

(5) You are prohibited from passing on or marketing Google Workspace, individual modules, or services thereof to third parties.

Art. 3 - Violations of these Terms of Use

(1) Any violation of these Jimdo GWS Additional Terms by you or anyone associated with you (like employees or service providers you’ve granted account access to) entitles Jimdo to refuse, suspend, or terminate services for you and to terminate the contract extraordinarily without notice.(2) The same applies to violations of the conditions listed in Art. 2 (1), which Google can object to, and which entitles Google to refuse, suspend, or terminate services to you and to terminate the contract extraordinarily.(3) You indemnify Jimdo, its representatives, executives, employees, and affiliates against all claims arising from a violation according to Art. 3 (1) and (2) of these Jimdo GWS Additional Terms.

Art. 4 - Data Protection & Security or Recovery Notices

(1) As part of the contractual service and considering the contractual conditions, Jimdo will transmit certain customer data to Google and its partner company. This includes, for example, technical inquiries from you about Google Workspace that Jimdo cannot answer directly.

(2) For the purpose of setting up Google Workspace within the Jimdo platform and in accordance with the Google Workspace Terms of Use, Jimdo will transmit the following customer data to Google and the partner company AppXite SIA, Matrožu iela 15, Zemgales priekšpilsēta, Rīga, LV-1048, Latvia (in particular regarding confidentiality, data processing, and security conditions):

• Username and domain to be used for the first account
• First name
• Last name
• Address line
• City
• Postal code
• Country
• State (if applicable)
• Email address
• Company name (optional, if applicable)
• VAT ID (optional, if applicable)
• VAT type
• VAT rate
• Number of licenses
• GW starter package (offer ID)
• Billing cycle

(3) The legal basis for processing this data is the performance of the contract or pre-contractual measures, Art. 6 (1) Sentence 1 lit. b) GDPR. Data transfers are limited to the minimum required for setup.

(4) Data, documents, or emails stored by you in Google Workspace are not backed up, archived, or otherwise stored by Jimdo (no backups). Jimdo does not have access to customer data within Google Workspace services. If you delete data, documents, or emails, or if an account is blocked or deleted due to contract violations, Jimdo is not responsible for any loss of such data or documents, particularly sensitive or confidential data. Jimdo has no way to recover deleted or otherwise lost data, documents, or emails.

(5) You are solely responsible for lawful use management, and security of your data within Google Workspace is solely your responsibility. Jimdo does not take any responsibility for the lawful use by you. Otherwise, Jimdo's product privacy policy applies.

Art. 5 - Liability & Responsibility

(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, its employees, representatives, vicarious agents, and bodies are only liable for intent and gross negligence or for damages to life, limb, or health, or damages arising under the Product Liability Act or breaches of cardinal obligations (obligations essential to achieving the contract's purpose), where liability is limited to foreseeable damages typical of the contract.

Art. 6 - Miscellaneous

(1) The availability and support of Google Workspace services are governed by the general Google Application Service Level Agreement ("SLA"). The SLA provides the sole and exclusive remedies for you as a customer if (1) Google fails to meet the SLA or (2) Google fails to meet the specified service standards. You must claim such remedies directly through 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 reserves the right to adjust the commercial terms of Google Workspace, including fees, payment terms, and the refund policy, without providing reasons. Before renewing the Google Workspace package, the customer should check this accordingly.

(3) Jimdo and Google are entitled to modify these Jimdo Terms of Use for Google Workspace, as well as the terms listed in Art. 2 (1) or the SLA mentioned in Art. 6 (1), from time to time without prior notice to the customer. The customer should regularly review these documents.

(4) The Jimdo Community Guidelines also apply to the use of the partner platform AppXite.

J. Additional Terms for Jimdo Smart Forms

1. With the Jimdo Smart Forms feature, you have the ability to create, implement, use, and manage customizable and editable form templates on your website. The information provided by your visitors through these forms will be sent to the email address you have provided. Jimdo Smart Forms are offered as part of a package or as an individual add-on service, and we reserve the right to provide this add-on as a paid or free service. This section also includes beta features such as 'JIMDOFlows', which are based on the Jimdo Smart Forms feature.

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.

K. Additional Terms for the Use of Artificial Intelligence

1. General

1.1 We may use artificial intelligence (AI) in connection with offering our products and services. Our aim in doing so is not only to create new, innovative products and services, but also to improve existing products and services on a lasting basis and to tailor them individually to your needs, to make processes more efficient and to develop novel solutions that provide long-term added value for you and for your customers.

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

2. Use of Content When Using the Products and Services with AI

2.1 For access to and use of Jimdo products and services that contain or are based on AI technologies, we use the content and information transmitted by you. This includes, in particular, details that you have provided in the course of registering for or using our products and services, including the data in your user profile.

2.2 You grant us a non-exclusive, worldwide and royalty-free right to use the relevant content and information protected by copyright or by other intellectual property rights for the duration of the contractual relationship. The right comprises the reproduction, storage and, insofar as necessary to achieve the purpose, editing of the content. It is transferable only to our affiliated companies and our subcontractors, and may be sublicensed only to them, insofar as this is necessary for the purpose stated below. This right serves the purpose of improving, further developing and optimising our products and services that are based on AI or contain AI, and includes, in particular, their use for analyses, research and development activities. The grant does not extend to types of use that are still unknown at the time of the grant (§ 31a UrhG). For the use of content to create training data, Sections 3.1 to 3.5 additionally apply, in particular the right to object under Section 3.3. The right of use ends upon termination of the contractual relationship; however, we are not obliged to modify or retrain AI models that have already been trained and into which insights from the content have been incorporated.

2.3 You warrant that you hold the rights required to transfer the rights of use under paragraph 2 above and that their use does not infringe any third-party rights.

3. Use of Content for the Training of AI Models

3.1 We may use your content and information without personal reference, as well as any content entered by you 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 exclusively for the purpose of training, optimising and improving the AI models implemented by us in our products and services or underlying them.

3.3 You have the right to object at any time to the use of your content for AI training. Such an objection must be sent in writing (e.g. by email) to Datenschutz(at)jimdo.com. You acknowledge that such an objection may impair the functionality of certain products and services that depend 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 of you or your customers remains included, unless this is permitted by express agreement with you. You can find information on this in our privacy notice.

3.5 The training data is stored securely, and access to it is restricted exclusively to authorised personnel involved in the development or improvement of the AI models. We will retain the training data only for as long as is necessary to fulfil the intended purpose or as required by law.

4. Limitations of AI-Generated Content

4.1 Our products and services that are based on or contain AI work with modern artificial intelligence models that are carefully trained and tested. The underlying technology makes predictions on the basis of mathematical calculations and statistical probabilities based on the training carried out in each case and the corresponding pattern recognition, as well as on the information and content entered in each case.

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

4.3 For these reasons, the outputs delivered in the course of using our products and services with AI must always be regarded as non-binding suggestions. An individual review and, where applicable, revision by you is always required before you implement these outputs on your website and/or base your decisions on them.

5. Customer Responsibility for the Direct Input of Content and Indemnification

5.1 In addition to your obligations under Section 7.3 of the Jimdo Terms, you undertake not to provide any confidential, copyright-protected, illegal or otherwise problematic content when entering content in any direct interaction with our AI-supported products and services. In particular, you ensure that the content entered by you does not violate applicable law and does not infringe any third-party rights.

5.2 Your obligation of indemnification under Section 7.3 of the Terms also covers claims, costs, damages and expenses asserted by third parties against us, our affiliated companies and/or subcontractors in connection with or as a result of your use of our products and services that are based on or contain AI and/or content generated thereby, provided that these claims, costs, damages and expenses are based on a breach of your obligations under Section 5.1 of these Additional Terms or under Section 7.3 of the Terms, or on the use of AI outputs without the review required under Section 4.3. The obligation of indemnification under sentence 1 does not apply insofar as we or an affiliated company and/or subcontractor are responsible for the occurrence of the claims, costs, damages and expenses.

5.3 If you publish AI-generated or AI-manipulated image, audio or video content that resembles existing persons, objects, places, entities or events and would falsely appear to a person to be authentic or truthful (deepfakes), or AI-generated or AI-manipulated text that is published with the purpose of informing the public on matters of public interest, you are responsible for disclosing that the content has been artificially generated or manipulated, as required by Art. 50(4) of Regulation (EU) 2024/1689 (AI Act). Section 7.3 of the General Terms and Conditions remains unaffected.

6. AI-Generated Content and Copyright

6.1 You acknowledge that, as a rule, no copyright protection exists in the content and outputs generated by our AI products, as this content is not the result of human creative activity.

6.2 Should you adopt and implement our suggestions without independent and substantial revision, 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 identical or virtually identical form.

6.3 In order to establish copyright protection in the content, a significant individual revision carried out by you is required that constitutes your own intellectual creation. Should this be the case, you grant us a non-exclusive, geographically unrestricted right of use in this revised content for the duration of the contractual relationship.

7. Transparency and Traceability

7.1 We endeavour to provide you with comprehensive and comprehensible information about the functioning of the AI models used in our products and services in order to offer the greatest possible transparency.

7.2 We comply with the transparency obligations under Art. 50 of Regulation (EU) 2024/1689 (AI Act). In particular, AI systems that interact directly with you or the visitors to your website are identified as such, and content generated by our AI-supported products and services is, insofar as required by law, marked in a machine-readable format and is detectable as artificially generated.

7.3 We will provide general explanations of the methods, the training data used and the underlying principles of the AI technologies used by us. We cannot grant detailed insights into the proprietary algorithms or models for business, security-related and technological reasons. Nevertheless, we are available to you for general questions and explanations in order to increase understanding of our systems.

7.4 You may not remove, alter or obscure, or otherwise interfere with, any AI notices, labels, metadata, watermarks or other markings that Jimdo applies to AI-generated content or to AI systems that interact with your website visitors. Likewise, you may not configure such AI systems in such a way as to conceal the fact that they are AI systems. If you breach this obligation, Section 19 of the General Terms and Conditions applies; in this case, your obligation of indemnification under Section 7.3 of the General Terms and Conditions also extends to any resulting claims, costs, damages and fines.

8. Security Measures

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

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

8.3 In addition, we carry out regular security reviews and vulnerability analyses in order to identify and remedy potential risks at an early stage. In doing so, we always adhere to industry-standard security standards and best practices in order to protect your data against unauthorised access, loss or misuse. We work continuously to adapt our security measures to current technological developments and threat situations in order to provide the highest standard of protection for your data.

9. Updates and Changes to the AI Models

9.1 We reserve the right to regularly update or modify the AI models used in products and services in order to improve functionality, meet legal requirements or bring our systems up to the latest state of the art. These changes may include both minor adjustments to increase efficiency and major modifications that substantially extend the performance and capabilities of the AI.

9.2 You will be informed in good time and appropriately of all material changes, in particular if these could affect the way in which you use our services. In this way, we wish to ensure that you are always informed of the latest developments and can continue to use all of our products and services smoothly.

L. Supplementary Terms for the Invoicing Feature

1. Scope and Classification

1.1 The following supplementary terms and conditions apply to the use of the Invoicing Feature (hereinafter the "Invoicing Feature") within the Jimdo platform by users with a billing address in Switzerland. They supplement the General Terms and Conditions of Jimdo GmbH for Swiss customers (hereinafter the "GTC"). In the event of any conflict, these supplementary terms shall take precedence over the GTC insofar as the conflict relates to the Invoicing Feature. In all other respects, the provisions of Section A shall apply unchanged.

1.2 The Invoicing Feature is a technical tool for creating, managing and sending invoices, credit notes, correction invoices and QR invoices. It does not constitute tax, accounting or legal advice and does not replace the services of a trustee, tax advisor or auditor.

1.3 Compliance with statutory accounting and tax obligations, as well as tax and commercial law retention periods, in particular under Articles 957–958f and Article 962 of the Swiss Code of Obligations (CO), in accordance with the Ordinance on Commercial Books (GeBüV) as well as the Federal Act on Value Added Tax (MWSTG) and the Value Added Tax Ordinance (MWSTV), is the sole responsibility of the user.

1.4 The Invoicing Feature is available exclusively to users acting within the scope of their professional or commercial activities and not as consumers within the meaning of, for example, Art. 32(a) of the Swiss Civil Procedure Code (ZPO) (see also the consumer protection provisions of the Unfair Competition Act (UWG)). By activating or using the invoicing function, the user warrants that they are acting exclusively in the course of their commercial, business or self-employed professional activities. Jimdo reserves the right to deactivate access to the invoicing function if there are reasonable grounds to believe that this condition is not met.

1.5 The invoicing function is designed to meet the requirements of Swiss tax and commercial law. Compliance with the tax, commercial or accounting requirements of other legal systems is not guaranteed. Users are solely responsible for checking whether the documents created using the invoicing function comply with the legal requirements applicable to them.

1.6 The Invoicing Feature covers invoicing exclusively in the B2B and B2C sectors. Electronic invoicing to the Swiss Federal Administration and cantonal or municipal authorities (B2G), in particular in accordance with the Federal E-Invoicing Ordinance and using the swissDIGIN-XML or Peppol BIS 3.0 formats, is not part of the scope of the feature.

2. Scope of functions

2.1 The Invoicing Feature enables the creation of invoices and credit notes using data entered by the user. Jimdo can provide templates for this purpose that comply with the requirements of Art. 26 of the VAT Act in its currently applicable version.

2.2 The system provides input fields that allow the entry of the essential mandatory details required under Article 26(2) of the VAT Act, in particular the name and place of business of the service provider, their company identification number (UID) with the suffix MWST/TVA/IVA, the name and location of the recipient of the service, the date or period of the service, the type, subject matter and scope of the service, the consideration, as well as the tax rate and tax amount. The user is responsible for ensuring the completeness and tax compliance of the invoice details entered. Jimdo does not guarantee that invoices created using the system comply with tax law requirements in each individual case. Users are advised to check that the invoice details comply with the tax regulations applicable to them and to seek tax advice if necessary.

2.3 The Invoicing Feature supports the export of invoices in the ZUGFeRD/Factur-X and XRechnung (CII) formats. Jimdo does not guarantee that the exported files meet all the requirements of all possible recipient systems.

2.4 For invoices in Swiss Francs (CHF) or Euros (EUR) with a payable amount, the Invoicing Feature generates a Swiss QR code in accordance with the Swiss Payment Standards (QR-Invoice) of the SIX Group. The code is generated based on the bank details and address information provided by the user. The user is responsible for ensuring that, in particular, the IBAN or QR-IBAN, reference number, address details in structured form (Type S) and other fields are entered completely and correctly. Jimdo accepts no liability for the readability or processability of the QR code by banks, e-banking applications or third-party accounting systems, insofar as errors are due to incorrect or incomplete entries by the user.

2.5 Integration with the SIX Group's eBill platform, Peppol Access Points or comparable networks is not part of the invoicing function.

3. Responsibility for content

3.1 The accuracy and completeness of the data entered or uploaded by the user is the user's sole responsibility. This includes, in particular, details regarding the invoice recipient, service description, amounts, tax rates, tax exemption criteria and payment terms.

3.2 Jimdo accepts no liability for the tax or commercial accuracy of the documents created by the user, in particular for the correct application of Swiss VAT rates (standard rate, reduced rate, special rate for accommodation), the correct application of the balance tax rate or flat-rate tax method (Art. 37 MWSTG), the application of tax exemptions (Art. 21 MWSTG) or tax exceptions including exports (Art. 23 MWSTG), and the application of the input tax (Art. 45 ff. MWSTG).

4. Corrections and cancellations

4.1 Invoices cannot be amended retrospectively once they have been sent. Corrections to invoices that have already been sent are made exclusively by creating separate correction or credit note documents within the invoicing function.

4.2 The user is responsible for ensuring that correction documents comply with the requirements of Art. 26 of the VAT Act and, by referring to the original invoice number, allow for unambiguous linking to the original document.

5. Document storage and change log

5.1 The Invoicing Feature stores created invoices and logs changes to documents within the scope of the system functionality provided. The nature and scope of logging may change as the function is further developed.

5.2 Regardless of the system's storage, the user is responsible for independently retaining copies of their invoices as well as the evidence and documents required for a tax audit, to the extent required by law.

5.3 A complete restoration of previous processing statuses beyond the functionality provided is not guaranteed.

6. Tax and regulatory compliance

6.1 Jimdo does not guarantee that the use of the invoicing function alone is sufficient to fully meet the requirements for the proper keeping and retention of business records and accounts in accordance with Art. 957 et seq. of the Swiss Code of Obligations (OR) in conjunction with the Business Records Ordinance (GeBüV), the guidelines on electronic invoicing or the requirements of the competent authorities.

6.2 Compliance with tax, commercial law and accounting obligations is the responsibility of the user within the context of their overall accounting environment. The invoicing function is to be understood as a single tool within this environment.

7. Procedural documentation

7.1 The creation and maintenance of procedural documentation within the meaning of Art. 4 GeBüV is the responsibility of the user. Jimdo does not provide any templates or support for this purpose. The user is responsible for incorporating the use of the Invoicing Feature into their own procedural documentation, in particular the description of the creation, storage, immutability and access control processes.

8. Data storage, export and retention

8.1 The long-term retention of data stored within the Invoicing Feature beyond the term of the contract is not guaranteed. The user is obliged to regularly back up the data stored in the service by downloading it.

8.2 In the event of the Invoicing Feature being discontinued or significantly restricted, Jimdo will inform users with reasonable notice, but at least 30 days before the change takes effect. The export function will remain available during this period.

8.3 Jimdo reserves the right to modify the scope of the Invoicing Feature as part of the further development of the services. If a change results in a significant restriction of the scope of the feature, the duty to inform and the export period set out in Section 8.2 shall apply accordingly.

8.4 It is the user's responsibility to ensure compliance with statutory retention periods, in particular the ten-year retention obligation under Art. 958f para. 1 of the Swiss Code of Obligations (OR) and Art. 70 para. 2 of the Swiss Value Added Tax Act (MWSTG), as well as the requirements for electronic storage under Art. 7 et seq. of the Ordinance on the Storage of Electronic Documents (GeBüV), by taking appropriate measures.

9. Limitation of Liability

9.1 Jimdo shall not be liable for any tax or regulatory consequences arising from the use of the invoicing function, in particular for discretionary assessments or offsetting by the FTA or cantonal tax authorities, the rejection of accounts, the denial of input tax deduction (Art. 28 et seq. VAT Act), default interest, fines or other ancillary tax liabilities, or for indirect or consequential damages.

9.2 In the event of a breach of material contractual obligations, Jimdo's liability is limited to foreseeable damage typical for this type of contract.

9.3 The limitations of liability under paragraphs 1 and 2 do not apply to damages resulting from intentional or grossly negligent conduct (Art. 100 para. 1 CO), to personal injury, or to other grounds for liability that cannot be excluded by law.

9.4 In all other respects, the liability provisions of the General Terms and Conditions apply.

10. Data Protection

10.1 Within the scope of the invoicing function, Jimdo processes personal data of invoice recipients (in particular name, address, email address) on behalf of the user. The provisions of the data processing agreement (DPA) in its current version apply. Where the user is subject to the Swiss Data Protection Act (DSG), Jimdo acts as a data processor within the meaning of Art. 9 DSG; where the user is subject to the EU General Data Protection Regulation, Jimdo acts as a data processor within the meaning of Art. 28 GDPR.

10.2 Details regarding data processing, the categories of data subjects and the retention periods are set out in Jimdo's Privacy Policy in its current version.

11. Final Provisions

11.1 Jimdo reserves the right to amend these supplementary terms and conditions within the framework of the statutory requirements. The User will be notified of any material changes with reasonable notice.

11.2 Should any individual provisions of these supplementary terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely approximates the economic purpose of the invalid provision.

M. Additional Terms for Payment Links

1. Scope

1.1 These terms apply in addition where users make use of the "Payment Links" feature. In the event of conflicts between this section and the general Terms, the provisions of this Section M shall prevail. Where the Payment Link feature is provided in connection with JimdoPay, the JimdoPay Additional Terms shall apply in addition; these shall take precedence over the provisions of this section insofar as the conflict concerns matters governed by the JimdoPay Additional Terms.

1.2 The Payment Link feature is directed exclusively at business customers within the meaning of § 14 BGB who are acting in the course of their commercial or independent professional activity. The Payment Link feature is not available to consumers within the meaning of § 13 BGB.

2. Service Description

2.1 Within the scope of the Payment Link feature, Jimdo provides users with a technical infrastructure that enables users to generate or display Payment Links and to forward them to their end customers in order to receive payments.

2.2 Jimdo reserves the right to change the technical design of the Payment Link feature at any time insofar as this is necessary for technical, regulatory or operational reasons, and to inform the user thereof in good time where necessary.

3. Lawful Use

3.1 The use of Stripe requires consent to Stripe's terms of use, privacy policies and product-related provisions. This consent is given directly by the user in the course of the initial account activation with Stripe; where this takes place in connection with JimdoPay, activation takes place as part of the verification provided for under the Additional Terms for the Use of JimdoPay. The customer may only use Stripe provided that they agree to the following terms and do not breach them during the contract term:

• Stripe Services Agreement

• Stripe Data Processing Agreement

• These Additional Terms for Payment Links

• the Jimdo General Terms and Conditions (Terms)

In case of doubt, the more specific terms and conditions shBezüglich 7.3, das hast du in der bereits, hatte ich bereits in der anderen Übersetzung für Deutschland schon gefixt. Schau mal da bitte rein. 7, 4. 7, 4. all take precedence over the general terms and conditions. Where Payment Links are provided in connection with JimdoPay, the JimdoPay Additional Terms shall also apply; in case of doubt, these shall take precedence insofar as the conflict concerns matters governed therein.

3.2 The user may use the Payment Link feature exclusively for legitimate, lawful business purposes. In particular, it is prohibited:

• to collect payments for goods or services that violate the Jimdo Community Standards;

• to collect payments for goods or services that violate applicable law;

• to use Payment Links for fraud, money laundering, terrorist financing or other criminal offences;

• to cause multiple processing (double charging) or abusive Chargebacks;

• to use Payment Links for goods or services that the user does not actually offer or cannot deliver;

• to send Payment Links to indeterminate groups of persons without a clear business purpose (spam).

4. Consumer Protection & Data Protection

4.1 The user is solely responsible for complying with all consumer protection and data protection requirements vis-à-vis their end customers when using Payment Links. In particular, the user must:

• provide all legally required pre-contractual information,

• design the ordering process in a legally compliant manner,

• correctly list the payment service provider in the privacy policy (incl. purpose, legal basis, third-country transfer, etc.).

4.2 Even where templates are used, legal responsibility remains with the user.

5. Deletion and Deactivation of Individual Payment Links

5.1 Jimdo is entitled to deactivate or permanently delete individual Payment Links without prior notice if

• there are concrete indications that the link is being used or is intended to be used for unlawful purposes (e.g. fraud, money laundering, breach of embargo regulations);

• the Payment Link violates the usage restrictions under these Additional Terms or such a violation is imminent;

• Jimdo is notified by authorities, payment service providers or third parties of an allegedly unlawful link;

• the link is linked to goods or services that are subject to statutory prohibitions or are contrary to public policy;

• Chargeback rates or complaint patterns indicate abusive usage behaviour.

5.2 Jimdo is not obliged to carry out a substantive review of the linked offer prior to deactivation or deletion. The existence of a reasonable suspicion is sufficient. Jimdo will inform the user of a deletion or deactivation insofar as this is legally permissible and technically possible; a prior hearing is not required.

5.3 In the event of a lawful deletion, the user shall have no claim to restoration of the link, damages or pro rata reimbursement of fees.

5.4 A blocking of the Payment Link feature by the payment service provider (e.g. in the event of a breach of its terms) does not constitute grounds for extraordinary termination by the user vis-à-vis Jimdo and does not give rise to any claims for damages against Jimdo. After the Payment Link feature has ended, the payment service provider will continue to process payment transactions initiated prior to the end; Jimdo has no influence over this.

6. Expiry Times of Payment Links (Link Expiry)

6.1 For security reasons, Payment Links are given a technical expiry time. Once this has elapsed, the link can no longer be accessed and payment via it is no longer possible. The applicable expiry time is communicated to the user when the link is created or in the product documentation.

6.2 The user is responsible for informing their end customers in good time about the validity of a Payment Link and for generating a new link where necessary. Jimdo is not liable for damages arising from the expiry of a link.

6.3 Jimdo reserves the right to adjust expiry times for security or regulatory reasons and will inform the user thereof with reasonable notice.

N. Additional Terms for the Use of JimdoPay

1. Scope and General Information

1.1 The following Additional Terms for the use of JimdoPay ("JimdoPay Additional Terms") apply to the use of "JimdoPay". They supplement the General Terms and Conditions of Jimdo GmbH ("Jimdo Terms"). In the event of any conflict between these Additional Terms and the Jimdo Terms, these Additional Terms shall prevail insofar as the conflict concerns JimdoPay. The use of JimdoPay is subject to a fee. The Merchant shall pay the fees set out in the fee overview on the Jimdo website ("Processing Fees"). By concluding these JimdoPay Additional Terms and before activating its JimdoPay account, the Merchant expressly agrees to the Processing Fees.

1.2 JimdoPay is directed exclusively at users who, when using JimdoPay, act in the exercise of their commercial or independent professional activity and are business customers. Users who use JimdoPay are hereinafter referred to as "Merchant". The Merchant warrants that these requirements are met upon activation of JimdoPay and will continue to be met throughout the entire use of JimdoPay; the Merchant will inform Jimdo without undue delay should this no longer be the case. If the requirements under sentence 1 cease to be met, Jimdo is entitled to restrict or suspend JimdoPay in accordance with Section 8 and to terminate the contract for JimdoPay for good cause in accordance with Section 10.3. If the Merchant culpably breaches its warranty under sentence 3, the Merchant shall be liable to Jimdo for any resulting damage in accordance with the statutory provisions.

1.3 JimdoPay enables the Merchant to use, via Jimdo's technical platform, payment services and payment methods provided by companies of the Stripe group of companies ("Stripe Services") for payments made by its customers ("End Customers").

1.4 Within the scope of these Additional Terms, "Stripe" means Stripe Payments Europe, Limited, a company incorporated under Irish law. "Stripe PSP" means Stripe Technology Europe, Limited, a company incorporated under Irish law and an e-money institution authorised and regulated by the Central Bank of Ireland (Reference No. C187865). Stripe PSP provides the regulated payment services required in connection with JimdoPay. Stripe and Stripe PSP are collectively referred to as the "Stripe Companies". Insofar as other companies of the Stripe group of companies provide services in connection with JimdoPay, the respectively applicable Stripe terms shall apply to them.

1.5 "Connected Account" means the Merchant's Stripe account that is connected to JimdoPay via the Stripe Connect Services.

2. Roles of Jimdo, Stripe and Stripe PSP

2.1 With JimdoPay, Jimdo provides the technical platform and the technical integration through which the Merchant can use the Stripe Services intended for JimdoPay. The regulated payment services required in connection with the Merchant's payment transactions are provided by Stripe PSP or – where required for a particular payment method – by the respectively competent regulated payment service provider.

2.2 With regard to payments made by End Customers to the Merchant, Jimdo is neither the Merchant's payment service provider nor the End Customer's payment service provider. Jimdo does not receive these funds on behalf of the Merchant and obtains neither possession nor control nor any other power of disposal over the payment proceeds due to the Merchant. Section 7 applies to the Processing Fees due directly to Jimdo.

2.3 A prerequisite for the use of JimdoPay is that the Merchant establishes the direct contractual relationships with the respectively competent Stripe Company required for the Stripe Services it uses. In particular, the Merchant must validly accept the Stripe Connected Account Agreement applicable to its Connected Account, as well as the terms incorporated therein or otherwise applicable to the Stripe Services it uses, and must comply with them while using JimdoPay. Jimdo does not become a party to these agreements.

2.4 Insofar as Jimdo, within the scope of JimdoPay, performs actions in relation to the Connected Account or transmits declarations, information or instructions to a Stripe Company, it does so on the basis of the authorisation granted by the Merchant and, where applicable, on behalf of the Merchant. In doing so, Jimdo does not act as a representative or agent of any Stripe Company and is not authorised to bind any Stripe Company legally vis-à-vis the Merchant.

2.5 The respectively competent Stripe Company decides, in accordance with the legal, regulatory and contractual requirements applicable to it, on the setting up of the Connected Account and on the activation and continued provision of the Stripe Services. In particular, it may request additional information and refuse, restrict, suspend or terminate individual payment methods or Stripe Services. The Merchant has no claim against Jimdo to the setting up or continued maintenance of a Connected Account or to the provision of particular Stripe Services.

2.6 Insofar as a Stripe Company informs Jimdo of changes to the Stripe terms applicable to the Merchant and requests that they be passed on to the Merchant, Jimdo may transmit the relevant information to the Merchant electronically. If the competent Stripe Company requires renewed consent, the continued use of the affected Stripe Services may be made conditional upon the Merchant validly accepting the amended terms.

3. Contractual Relationship and Onboarding of the Merchant

3.1 A prerequisite for the use of JimdoPay is that the Merchant establishes the direct contractual relationships with the respectively competent Stripe Company required for the Stripe Services it uses. To this end, the Merchant must in particular validly accept the Stripe Connected Account Agreement applicable to its Connected Account, as well as the terms incorporated therein or otherwise applicable to the respective Stripe Services, and must comply with them while using JimdoPay. The Stripe Connected Account Agreement is concluded directly between the Merchant and the Stripe Company named therein. Insofar as regulated payment services are provided thereunder, they are provided by Stripe PSP. Jimdo neither becomes a party to the Stripe Connected Account Agreement nor provides payment services to the Merchant on the basis thereof.

3.2 For the setting up, activation and continued use of JimdoPay and of the Connected Account, the Merchant shall provide, completely, accurately in all material respects and in good time, all information, declarations and evidence that Jimdo, Stripe or Stripe PSP reasonably require for the onboarding, identification or verification of the Merchant and of relevant persons associated with it, for the review of its business activities, or for the fulfilment of legal, regulatory, compliance, risk or security requirements. The Merchant shall update this information and these documents without undue delay in the event of relevant changes or shall inform Jimdo of the change. This applies in particular to material changes in its ownership or control structure, its legal representatives, its business model, the goods or services offered, its regulatory classification or its bank details.

3.3 Insofar as Jimdo technically provides the process for concluding the Stripe Connected Account Agreement, the Merchant itself makes the contractual declarations required for this vis-à-vis the competent Stripe Company. Jimdo may document the conclusion of the Stripe Connected Account Agreement, including the time, the contract version used and the technical information required to evidence the conclusion of the contract, and may provide evidence thereof to the competent Stripe Company upon legitimate request.

3.4 Jimdo transmits the data, information, declarations and evidence provided by the Merchant under Section 3.2 to Stripe or Stripe PSP to the extent necessary, insofar as this is required for the setting up, activation or continued use of the Connected Account or the Stripe Services or for the purposes set out in Section 3.2. The Merchant's authorisation required for this is governed by Section 4.4. If Stripe or Stripe PSP request further information, declarations or evidence, the Merchant shall provide them upon request without undue delay and in full.

3.5 The respectively competent Stripe Company decides, in accordance with the legal, regulatory and contractual requirements applicable to it, on the setting up and activation of the Connected Account and on the activation and continued provision of the Stripe Services. For this purpose, it may in particular request additional information or evidence and refuse, restrict, suspend or terminate individual payment methods or Stripe Services. Until the information and evidence required for the setting up, activation or continued use are fully available, Jimdo may also restrict or suspend the activation or use of JimdoPay or of individual functions. The Merchant has no claim against Jimdo to the setting up or continued maintenance of a Connected Account or to the provision of particular Stripe Services.

3.6 Insofar as a Stripe Company has changes to the Stripe terms applicable to the Merchant communicated via Jimdo, Jimdo may forward the relevant information to the Merchant electronically. If the competent Stripe Company requires renewed consent from the Merchant, the continued use of the affected Stripe Services may be made conditional upon the Merchant validly accepting the amended terms.

4. Authorisation of Jimdo to Perform Technical Actions

4.1 The Merchant authorises Jimdo, within the scope of JimdoPay and via the Stripe Connect Services, to perform on behalf of the Merchant the technical actions in relation to the Connected Account that are required for the provision and use of JimdoPay. This includes in particular the technical setting up, connection and administration of the Connected Account, the transmission and updating of account and verification data, the technical configuration of the Stripe Services and payment methods offered via JimdoPay, the transmission of transaction data as well as of the Merchant's declarations, instructions and refund instructions, and the receipt and display of account, transaction, payout, refund, dispute and chargeback information.

4.2 Jimdo performs the required technical actions exclusively within the scope of the functions selected or activated by the Merchant and of the authorisation granted by the Merchant. Insofar as an action requires a decision, declaration or instruction of the Merchant, Jimdo does not make this decision itself but technically transmits the declaration or instruction given by the Merchant to Stripe or Stripe PSP.

4.3 In particular, the technical transmission of transaction data, declarations or instructions by Jimdo does not constitute the acceptance, authorisation, execution or processing of a payment transaction by Jimdo. The payment services are provided exclusively by Stripe PSP or by the payment service provider competent for the respective payment method.

4.4 The Merchant authorises Jimdo to transmit to Stripe and Stripe PSP the information about the Merchant, its Connected Account, the use thereof and the activities performed and transactions processed through it ("Connected Account Data") that is required to carry out the actions described in these Additional Terms, to receive corresponding data from the Stripe Companies, and to process and use it in connection with JimdoPay. This includes in particular the provision, administration, security and further development of JimdoPay, support for the Merchant, the prevention and investigation of fraud, misuse and security incidents, the fulfilment of contractual, statutory and regulatory requirements, and other purposes of which Jimdo informs the Merchant in accordance with applicable data protection law.

4.5 Insofar as Connected Account Data contains personal data, Jimdo processes such data in accordance with applicable data protection law. In particular, Jimdo may also process personal data for its own purposes as a controller under data protection law, insofar as Jimdo itself determines the purposes and essential means of the respective processing. The relevant processing purposes, legal bases, recipients and other information required under applicable data protection law are set out in Jimdo's privacy notices as applicable from time to time. Insofar as Jimdo, in individual cases, processes personal data exclusively on behalf of and on the instructions of the Merchant, such processing is governed by any data protection terms separately agreed for this purpose.

4.6 The Merchant shall ensure that it is entitled to transmit the data it provides in connection with JimdoPay to Jimdo and to Stripe and Stripe PSP. Insofar as personal data are concerned, the Merchant shall ensure that there is a sufficient legal basis for this under data protection law and that the data subjects receive the information required by law. The allocation of roles under data protection law between Jimdo, the Merchant and the Stripe Companies is governed by applicable data protection law and by the respectively applicable privacy notices and any additionally concluded data protection agreements.

5. Permitted Use of JimdoPay, Obligations of the Merchant

5.1 The Merchant may use JimdoPay exclusively within the scope of its commercial or independent professional activity and for processing payments for goods or services that it actually offers to its End Customers. Use for unlawful, fraudulent or otherwise abusive purposes, or for a prohibited or restricted business activity within the meaning of Section 5.2, is not permitted. The Merchant must not circumvent technical, security-related, regulatory or risk-related restrictions imposed by Jimdo or a Stripe Company.

5.2 The Merchant shall ensure that neither it nor any employees, vicarious agents or other third parties it deploys for the Connected Account use JimdoPay or the Stripe Services provided through it to carry out a prohibited or restricted business activity or to conduct business with a prohibited or restricted business. "Prohibited or restricted business activity" within the meaning of these Additional Terms means any business category or business practice for which a Stripe Service may not be used or may be used only to a limited extent. The decisive list is Stripe's current list of prohibited and restricted businesses (currently available at stripe.com/de/legal/restricted-businesses), which forms part of the Stripe terms applicable to the Connected Account from time to time.

5.3 The Merchant warrants that the requirements under Section 5.2 are met upon activation of JimdoPay and will be continuously complied with throughout the entire duration of the use of JimdoPay. The Merchant acknowledges that Stripe amends or supplements the list of prohibited and restricted businesses from time to time, and is obliged to keep itself informed independently at reasonable intervals of its current content and to continuously adapt its use of JimdoPay accordingly. If the Merchant becomes aware that a business activity it carries out or intends to carry out is or could be classified, in whole or in part, as prohibited or restricted, it shall notify Jimdo of this without undue delay.

5.4 Whether a business activity is prohibited or restricted is decided exclusively by the respectively competent Stripe Company in accordance with the terms applicable to it; such classification is not made by Jimdo and is not made by Jimdo in the name of or as a representative of the respective Stripe Company.

5.5 If the Merchant breaches Section 5.2 or 5.3, Jimdo is entitled, without prejudice to further rights, to restrict or suspend JimdoPay in accordance with Section 8 or to terminate the contract for JimdoPay for good cause in accordance with Section 10.3. The Merchant shall indemnify Jimdo against all claims of third parties – including the respectively competent Stripe Company, End Customers or authorities – as well as against damages and expenses incurred by Jimdo as a result of a culpable breach by the Merchant of Section 5.2 or 5.3; this includes in particular the reimbursement of reasonable legal costs. Further statutory or contractual claims of Jimdo, in particular for damages under the general provisions of the Jimdo Terms, remain unaffected.

5.6 The Merchant must not transmit, or cause the transmission of, any transaction data via JimdoPay if, on the basis of the information reasonably available to it, it knows that the transaction in question is fraudulent, not authorised by the End Customer or unlawful, that authorisation has already been declined, or that the End Customer is no longer entitled to use the payment instrument in question. Payments must not be deliberately split into several transactions or impermissibly resubmitted in order to circumvent applicable requirements or restrictions.

5.7 The Merchant remains the sole contractual partner of its End Customers with regard to the goods and services paid for via JimdoPay. In particular, the Merchant is responsible for the lawfulness of its offering, the proper performance of the contracts concluded with its End Customers, price information and mandatory statutory information, customer service, returns, complaints and refunds, and compliance with the legal requirements applicable to its business activities.

5.8 If a charge is to be made before delivery of goods or full performance of a service, the End Customer must have validly authorised the advance payment or other early charge. If the Merchant uses recurring payments, subscriptions, Merchant Initiated Transactions or other payment transactions that require prior authorisation or a mandate from the End Customer, it must obtain the required authorisation, inform the End Customer of the conditions and modalities of future charges, and retain the required evidence for the period required under the applicable requirements.

5.9 The Merchant must provide its End Customers with appropriate information on returns and refunds as well as easily accessible means of contact for questions about the goods and services it offers. Insofar as the Merchant accepts card payments, it must also comply with the rules of the respective card networks applicable to it and with the agreed Stripe terms.

6. Security and Cooperation

6.1 The Merchant shall protect the access credentials, authentication means and other security features used in connection with JimdoPay and its Connected Account against unauthorised access and unauthorised use. If the Merchant becomes aware of any unauthorised use, compromised access credentials, unauthorised disclosure of payment or account data, fraudulent or unlawful use of JimdoPay, or any other material security incident, it shall inform Jimdo without undue delay and take all measures reasonable for it to contain and investigate the incident.

6.2 The Merchant shall provide Jimdo with all information, documents and other cooperation that Jimdo reasonably requires in order to provide JimdoPay, to process legitimate requests from Stripe or Stripe PSP in connection with the Connected Account, or to fulfil its own contractual or statutory obligations. This also includes reasonable support in the prevention, investigation and handling of fraud, misuse, security incidents, Refunds, Disputes and Chargebacks. Jimdo may pass on the information required for this purpose to Stripe or Stripe PSP to the extent necessary.

6.3 Insofar as the Merchant or a service provider deployed by it processes, stores or transmits payment data and PCI-DSS or other binding security requirements apply to this, the Merchant is responsible for compliance with them. The Merchant may pass on payment data only to such third parties whose involvement is permitted under the applicable requirements and who meet the security requirements applicable to their activities.

7. Settlement Funds and Processing Fees

7.1 All funds that are received, held, processed or paid out to the Merchant in connection with payments made by end customers to the Merchant ("Settlement Funds") are processed by Stripe PSP or – where required for the respective payment method – by the payment service provider responsible for this. Jimdo does not receive Settlement Funds on behalf of the Merchant and – with the exception of the Processing Fees to which Jimdo is directly entitled – has neither any rights to these funds nor possession, control or any other power of disposal over them.

7.2 Stripe PSP pays out the Settlement Funds to which the Merchant is entitled to the payout account designated for this purpose in accordance with the contractual relationship existing between the Merchant and the responsible Stripe entity. In doing so, the fees, Refunds, Disputes, Chargebacks, Reversals, reserves, security retentions and other permissible deductions or withholdings permitted under the applicable Stripe terms may be taken into account. Jimdo does not decide on the justification for or the execution of these measures.

7.3 For the use of JimdoPay, the Merchant owes Jimdo the Processing Fees applicable to it, the amount and calculation of which are set out in the fee overview applicable to it. Jimdo is entitled to change the Processing Fees from time to time in accordance with the provisions of Section 6.5 of the Jimdo Terms. Jimdo provides the Processing Fees on the Jimdo website separately by country (e.g. Switzerland) or region (EU countries or the United Kingdom). Only the Processing Fees for the country (e.g. Switzerland) or region (e.g. EU countries or the United Kingdom) in which the Merchant itself or the company linked to the Connected Account has its registered office apply to the Merchant. The version available at the time the contract is concluded is decisive; in the event of subsequent changes, the version that has become effective in accordance with Section 6.5 of the Jimdo Terms (changes) applies.

7.4 Before completion of the activation process, Jimdo makes the Processing Fees applicable at the time of activation of JimdoPay available to the Merchant in a form that allows them to be retrieved and permanently stored in a reproducible form.

7.5 The Merchant authorises Jimdo to notify Stripe PSP of the Processing Fees due that are to be collected from the Merchant's Settlement Funds within the scope of the funds flow agreed for JimdoPay. At the same time, the Merchant authorises Stripe PSP, within the scope of the technical and contractual possibilities, to deduct these Processing Fees from the Settlement Funds that would otherwise be paid out to the Merchant and to pay them out directly to Jimdo.

7.6 In receiving and paying out the Processing Fees withheld pursuant to Section 7.5, Stripe PSP acts exclusively as a payment service provider engaged by Jimdo for this purpose and as Jimdo's limited agent for receipt. Upon receipt of the respective amount by Jimdo, the Merchant's corresponding payment obligation is discharged in that amount. If the Settlement Funds available for the deduction are insufficient, or if the deduction cannot be made for legal, technical or other reasons, the Merchant remains obliged to pay the outstanding amount in accordance with the otherwise applicable payment terms.

7.7 Jimdo's entitlement to collect Processing Fees does not give rise to any entitlement on the part of Jimdo to receive, hold or dispose of other Settlement Funds of the Merchant.

8. Restriction and Suspension of JimdoPay

8.1 This Section 8 concerns measures initiated by Jimdo for the reasons set out below; it is to be distinguished from the voluntary temporary deactivation (pausing) by the Merchant, without any reason being required, pursuant to Section 10.4. Jimdo may refuse the activation of JimdoPay or temporarily restrict or suspend the use of JimdoPay or of individual functions if the requirements for the use of JimdoPay or of the Stripe Services provided through it are not, or are no longer, met. This applies in particular if required information or evidence is missing, there are specific indications of unlawful, fraudulent or otherwise abusive use, the Merchant breaches these Additional Terms or the Stripe terms applicable to it, or a restriction is required on the basis of legal, regulatory, security-related or risk-related requirements.

8.2 Jimdo is furthermore entitled to restrict or suspend JimdoPay or individual functions to the extent necessary for Jimdo to be able to fulfil its own contractual obligations towards Stripe or Stripe PSP in connection with the Connected Account.

8.3 To the extent that Stripe or Stripe PSP refuses to set up the Connected Account, restricts or suspends its use, or no longer provides individual Stripe Services or payment methods, the functions of JimdoPay affected by this may likewise be unavailable or available only to a limited extent. Any such decision by Stripe or Stripe PSP is not taken by Jimdo in the name of or as a representative of the respective Stripe entity.

8.4 Jimdo will limit its own restriction or suspension measures to the scope and duration that are necessary and appropriate, taking into account the respective cause. To the extent legally permissible and possible in the circumstances, Jimdo will inform the Merchant of the measure and its essential reason.

8.5 Jimdo's rights under the Jimdo Terms to block, suspend or terminate Services remain unaffected. If such measures directly affect JimdoPay, the requirements and legal consequences of a termination of JimdoPay are governed by Section 10; otherwise, JimdoPay, as an additional Service dependent on the other Jimdo Services, ends automatically upon the termination of the main contractual relationship between Jimdo and the Merchant, without any separate termination of JimdoPay pursuant to Section 10 being required.

9. Refunds, Disputes and Chargebacks

9.1 The handling of Refunds, Disputes, Chargebacks, Reversals and other payment-related reversals is governed by the terms agreed between the Merchant and the responsible Stripe entity and by the terms applicable to the respective payment method. Jimdo does not decide whether a Refund, Dispute, Chargeback, Reversal or other payment-related measure is justified or is carried out.

9.2 The Merchant is responsible for handling enquiries from its end customers regarding the goods and services it offers as well as regarding returns and refunds. To the extent that JimdoPay provides technical functions for this purpose, the Merchant may use them to transmit corresponding declarations or instructions on behalf of the Merchant to Stripe or Stripe PSP.

9.3 The Merchant will provide Jimdo and, where necessary, Stripe or Stripe PSP with reasonable support in handling Disputes, Chargebacks, Refunds or other reversals and will make available the information and evidence reasonably required for this purpose.

9.4 To the extent that costs, losses or other charges arise as a result of a breach of these Additional Terms or of the Stripe terms applicable to the Merchant for which the Merchant is responsible, and for which Jimdo is liable towards Stripe or Stripe PSP, any responsibility of the Merchant towards Jimdo in accordance with the general statutory and contractual provisions remains unaffected. This does not apply to the extent that the charge in question is attributable to Jimdo, Stripe or Stripe PSP or, under the allocation of risk and liability applicable between the parties involved, is not to be borne by the Merchant.

10. Termination and Temporary Deactivation of JimdoPay

10.1 This Section 10 distinguishes between termination, which permanently ends the contract for JimdoPay (Sections 10.2, 10.3 and 10.6), and temporary deactivation (pausing), which merely puts JimdoPay on hold temporarily without ending the contract (Sections 10.4 and 10.7). Sections 10.5 and 10.8 apply equally to both cases.

10.2 Termination by the Merchant. The Merchant may terminate the contract for JimdoPay at any time with immediate effect. The termination may be declared in text form, in particular by email; it must be sent from the email address stored as the contact address in the Jimdo Account. No separate notice period applies to termination by the Merchant.

10.3 Termination by Jimdo. Jimdo may terminate the contract for JimdoPay in accordance with the termination rights and notice periods provided for in the Jimdo Terms. The right of both parties to extraordinary termination for good cause with immediate effect remains unaffected. Good cause for Jimdo may exist in particular if the requirements for the ongoing provision of JimdoPay are no longer met due to a material breach of duty by the Merchant or due to legal or regulatory requirements, or because the responsible Stripe entity terminates or suspends the Connected Account or refuses to continue it.

10.4 Temporary deactivation (pausing) by the Merchant. Irrespective of a termination pursuant to Section 10.2, the Merchant may temporarily deactivate (pause) the use of JimdoPay at any time via the function provided by Jimdo for this purpose in the Jimdo Account. Unlike termination, temporary deactivation does not end these Additional Terms for the use of JimdoPay; they remain in force unchanged. The Merchant may resume using JimdoPay at any time by reactivating it via the same function, without a renewed Onboarding pursuant to Section 3 being required for this, provided that the requirements that continue to be necessary for the use of JimdoPay, in particular a continuing and usable Connected Account, are met.

10.5 Common legal consequences: wind-down phase. Once a termination pursuant to Section 10.2 or 10.3 takes effect, as well as once a deactivation pursuant to Section 10.4 takes effect, no new payment transactions can be initiated via JimdoPay. Payment transactions already initiated beforehand, as well as related payouts, Refunds, Disputes, Chargebacks, Reversals and other settlement measures, will continue to be processed during a wind-down phase. During this wind-down phase, the Merchant retains access to the JimdoPay dashboard in order to initiate Refunds, respond to Disputes and Chargebacks and view the status of payment transactions; it cooperates with Jimdo and Stripe in the settlement of all open transactions until they have been finally completed. The wind-down phase continues until all open payment transactions, Disputes, Chargebacks and Reversals have been fully settled in accordance with the applicable Stripe terms. The Merchant acknowledges that it is not Jimdo but Stripe that decides when the Connected Account can be fully closed, and that Stripe's operational requirements may prevent closure as long as balances or Disputes remain open. Jimdo will keep the Merchant reasonably informed of the progress of the wind-down phase.

10.6 Further legal consequences of termination. The contract for JimdoPay ends when the termination takes effect. Jimdo's authorisation to take actions in relation to the Connected Account on behalf of the Merchant or to use Connected Account Data for this purpose generally ends upon termination; however, Jimdo remains entitled to take such actions and to process the corresponding data to the extent necessary for the wind-down pursuant to Section 10.5, for the fulfilment of continuing contractual or statutory obligations, or for the enforcement or defence of claims. Processing Fees and other payment obligations of the Merchant towards Jimdo incurred up to the termination remain unaffected. If the Merchant wishes to use JimdoPay again after a termination, a renewed Onboarding is required for this; this includes in particular the renewed acceptance of the Additional Terms then current and the completion of the applicable Stripe Onboarding and verification processes.

10.7 Further legal consequences of deactivation. The contract for JimdoPay remains in force unchanged during the deactivation. Jimdo's authorisation pursuant to Section 4.1 continues during this period to the extent necessary for maintaining the Connected Account or for the wind-down pursuant to Section 10.5. Processing Fees and other payment obligations of the Merchant towards Jimdo incurred up to the deactivation remain unaffected. Reactivation is governed by Section 10.4 sentence 3.

10.8 Relationship to the Connected Account with Stripe. Neither the termination nor the deactivation of JimdoPay automatically results in the termination of the direct contractual relationship between the Merchant and the respective Stripe entity or of the Connected Account itself. To the extent that the Merchant also wishes to terminate its Connected Account or the corresponding Stripe contractual relationship, this is governed by the Stripe terms applicable for this purpose and is subject to Stripe's own closure requirements, including the wind-down described in Sections 10.5 and 10.6.

Last updated

01. October 2026