adconsent

Terms of Service

Version 2026-09-24 · Stand 2026-09-24 · Entwurf — anwaltliche Prüfung vor Go-Live erforderlich

DE EN

Draft B2B SaaS CMP terms. Not a copy of Advertiso’s other-service terms. Placeholders and liability clauses require lawyer review before go-live.

§ 1 Scope

  1. These Terms of Service govern use of the Consent Management Platform adconsent (“Service”) between Advertiso GmbH, Mielerstede 6, 22927 Großhansdorf, Germany (“Provider”) and businesses within the meaning of § 14 BGB (“Customer”).
  2. The Service is offered to businesses only. Consumers (§ 13 BGB) are excluded.
  3. Customer terms apply only if the Provider expressly agrees in text form.

§ 2 Formation of contract

  1. The contract is formed via signup on the Provider’s website and acceptance of these Terms, or by acceptance of an offer / order.
  2. The accepted version and timestamp are stored.

§ 3 Service description

  1. The Provider supplies a multi-tenant SaaS platform including, in particular: banner/consent script delivery, consent logging, cookie/tag scanning of customer sites, and an admin UI for properties, banners and vendors.
  2. Future IAB Europe TCF registration and additional regimes may be enabled as part of the offering.
  3. The Provider does not provide legal advice. The CMP is a tool; compliance responsibility for the Customer’s websites remains with the Customer.

§ 4 Availability / SLA

Availability targets, maintenance windows and credits: [SLA lt. Angebot / Service Level Agreement].

§ 5 Customer obligations

  1. Correct configuration; keep domains, texts, vendors and purposes up to date.
  2. Provide lawful banner/legal texts under Customer responsibility.
  3. Ensure tags/cookies/third parties load only after consent or another lawful basis.
  4. Customer remains controller (Art. 4(7) GDPR) for visitor data; Provider acts as processor under the DPA/AVV.
  5. Keep credentials confidential; report misuse promptly.

§ 6 No legal advice

Use of the Service does not replace legal advice. Compliance (GDPR, TDDDG, UWG, TCF policies, etc.) remains the Customer’s responsibility.

§ 7 Fees and payment

  1. Fees: [PREISE lt. Angebot].
  2. Prices exclude VAT unless stated otherwise.
  3. Payment provider: [ZAHLUNGSANBIETER].

§ 8 Term and termination

  1. Term/notice: [LAUFZEIT / KÜNDIGUNGSFRIST lt. Angebot].
  2. Extraordinary termination for cause remains unaffected.
  3. On termination, the Provider will, on request and within a reasonable time, provide an export of organization-related data (where technically available). Data are then deleted/anonymized per the DPA and Privacy Policy, subject to statutory retention duties.

§ 9 Liability

  1. Unlimited liability for intent, gross negligence, and injury to life, body or health.
  2. For slight negligence, liability only for breach of material contractual duties, capped at the typical foreseeable damage, and per contract year at [HAFTUNGSHÖCHSTBETRAG lt. Angebot] where legally permitted.
  3. Indirect damages and loss of profit are excluded for slight negligence where legally permitted.
  4. Limitations also apply to the Provider’s legal representatives and vicarious agents.

§ 10 IP / license

  1. All rights in the Service, banner script and documentation remain with the Provider / licensors.
  2. Customer receives a non-exclusive, non-transferable license for the contract term to embed the banner script on enabled properties only.
  3. Reverse engineering and unauthorized redistribution are prohibited except where mandatory law allows.

§ 11 Changes to these Terms

The Provider may amend these Terms for the future for legitimate reasons. [PRÜFEN: change mechanism / objection rights to be aligned with counsel.]

§ 12 Governing law and venue

  1. German law applies, excluding the UN CISG.
  2. Venue for merchants: Lübeck [prüfen: register court is Lübeck; Hamburg may be an alternative].

§ 13 Severability

If any provision is invalid, the remaining provisions stay in effect. A valid provision closest to the economic purpose replaces the invalid one.