General Terms and Conditions / Terms of Service

§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter "GTC") of Applox GmbH (hereinafter "Provider") apply to all contracts for the use of doCaptcha services that an entrepreneur (hereinafter "Customer") concludes with the Provider.

(2) An entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction (§ 14 Abs. 1 BGB).

(3) Conflicting or deviating terms and conditions of the Customer will not be recognized unless the Provider has expressly agreed to their validity in writing.

§ 2 Subject of the Contract

(1) The subject of the contract is the provision of doCaptcha services as a Software-as-a-Service (SaaS) solution for bot detection and CAPTCHA verification.

(2) The Provider makes the services available to the Customer via the Internet. The Customer receives access to the services via an API interface and/or web interface.

(3) The exact scope of features depends on the plan chosen by the Customer (Free, Professional, Business, or Enterprise).

§ 3 Conclusion of Contract

(1) The presentation of services on the website does not constitute a legally binding offer, but rather an invitation to place an order.

(2) By registering and selecting a plan, the Customer makes a binding offer to conclude a usage contract.

(3) The Provider may accept the Customer's offer within 5 business days by:

• Sending an order confirmation by email, or
• Activating access to the services

§ 4 Provider's Services

(1) The Provider guarantees an availability of the services of 99.5% on an annual average.

(2) Not included in the availability calculation are:

• Scheduled maintenance work (max. 4 hours per month)
• Disruptions outside the Provider's sphere of influence
• Force majeure

(3) The Provider provides support according to the chosen plan:

• Free: Community Support
• Professional: Email Support (48h response time)
• Business: Priority Email Support (24h response time)
• Enterprise: 24/7 Priority Support with dedicated Account Manager

§ 5 Customer's Obligations

(1) The Customer is obligated to:

• Keep access credentials confidential
• Not misuse the services
• Not process illegal content
• Comply with the agreed usage limits
• Report technical disruptions immediately

(2) The Customer indemnifies the Provider against all third-party claims based on unlawful use of the services by the Customer.

§ 6 Prices and Payment

(1) Prices are based on the price list valid at the time of contract conclusion.

(2) All prices are exclusive of statutory VAT.

(3) Billing is as follows:

• Free: Free up to 1,000 verifications/month
• Professional & Business: Monthly in advance
• Enterprise: By individual agreement

(4) In case of late payment, the Provider is entitled to block access to the services.

§ 7 Contract Duration and Termination

(1) The contract is concluded for an indefinite period.

(2) The notice periods are:

• Free: At any time without notice
• Professional: Monthly at the end of the month
• Business: 3 months to the end of the quarter
• Enterprise: By individual agreement

(3) The right to extraordinary termination for good cause remains unaffected.

(4) Terminations require text form (email is sufficient).

§ 8 Liability

(1) The Provider is liable without limitation:

• For intent and gross negligence
• For injury to life, body, or health
• Under the Product Liability Act

(2) In case of slightly negligent breach of essential contractual obligations, liability is limited to the contract-typical, foreseeable damage.

(3) Otherwise, liability is excluded.

§ 9 Data Protection

(1) The Provider processes personal data in accordance with the provisions of the GDPR and the BDSG.

(2) Details of data processing are regulated in the separate privacy policy.

(3) Insofar as the Provider processes personal data on behalf of the Customer in the course of service provision, the parties conclude a separate data processing agreement pursuant to Art. 28 GDPR.

§ 10 Changes to the GTC

(1) The Provider reserves the right to change these GTC if this is necessary for legal reasons, due to technical developments, or to optimize business processes.

(2) Changes will be communicated to the Customer at least 6 weeks before they take effect by email.

(3) If the Customer does not object to the changes within 4 weeks of receiving the notification, the changes are deemed approved.