§ 1 Scope
- 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”).
- The Service is offered to businesses only. Consumers (§ 13 BGB) are excluded.
- Customer terms apply only if the Provider expressly agrees in text form.
§ 2 Formation of contract
- The contract is formed via signup on the Provider’s website and acceptance of these Terms, or by acceptance of an offer / order.
- The accepted version and timestamp are stored.
§ 3 Service description
- 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.
- Future IAB Europe TCF registration and additional regimes may be enabled as part of the offering.
- 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 of the service is 99.5 % on a monthly average. No service credits are granted. Enterprise customers are subject to individually agreed service levels.
§ 5 Customer obligations
- Correct configuration; keep domains, texts, vendors and purposes up to date.
- Provide lawful banner/legal texts under Customer responsibility.
- Ensure tags/cookies/third parties load only after consent or another lawful basis.
- Customer remains controller (Art. 4(7) GDPR) for visitor data; Provider acts as processor under the DPA/AVV.
- 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
- Fees: in accordance with the price list published on adconsent.de at the time of contract conclusion (currently e.g. Starter EUR 16/month incl. 100,000 page views, then EUR 0.08 per 1,000; Essential EUR 41/month incl. 1 million page views, then EUR 0.035 per 1,000; Enterprise on request; all prices net excl. VAT, billed monthly, 14-day trial).
- Prices exclude VAT unless stated otherwise.
- Payment provider: Stripe Payments Europe, Limited, One Wilton Park, Wilton Place, Dublin 2, D02 FX04, Ireland.
§ 8 Term and termination
- The contract runs on a monthly basis and may be terminated effective at the end of a calendar month.
- Extraordinary termination for cause remains unaffected.
- 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
- Unlimited liability for intent, gross negligence, and injury to life, body or health.
- For slight negligence, liability only for breach of material contractual duties, capped at the typical foreseeable damage, and in amount to the fees paid by the Customer in the 12 months preceding the event giving rise to the damage. Liability that cannot be excluded by law remains unaffected.
- Indirect damages and loss of profit are excluded for slight negligence where legally permitted.
- Limitations also apply to the Provider’s legal representatives and vicarious agents.
§ 10 IP / license
- All rights in the Service, banner script and documentation remain with the Provider / licensors.
- Customer receives a non-exclusive, non-transferable license for the contract term to embed the banner script on enabled properties only.
- Reverse engineering and unauthorized redistribution are prohibited except where mandatory law allows.
§ 10a IAB TCF – customer obligations, audits, suspension
- The service is a CMP registered with IAB Europe under the Transparency & Consent Framework (TCF). The customer shall comply with the applicable TCF Policies and technical specifications when integrating it; in particular it shall not alter, obscure, auto-dismiss or bypass the banner, generate or modify consent signals itself, and shall provide users with a permanently accessible way to re-open the settings.
- The provider may audit the customer's integrations on its websites and apps – including automatically, e.g. by retrieving public pages and cookie scans – for compliance. The customer shall reasonably cooperate; IAB Europe may carry out comparable checks.
- In case of violations the provider will request a remedy within a reasonable period. If not remedied, or if the violation is serious or threatens the provider's exclusion from the TCF, the provider may suspend the affected property or access in whole or in part until remedied. The right to terminate for cause remains unaffected.
§ 11 Changes to these Terms
The Provider may amend these Terms for the future where there is a legitimate reason (e.g. change in law or feature expansion) and the Customer is not unreasonably disadvantaged. Amendments are announced with reasonable notice. If the Customer does not object within the stated period and continues using the Service, the new Terms are deemed accepted — provided the announcement said so.
§ 12 Governing law and venue
- German law applies, excluding the UN CISG.
- Venue for merchants: Lübeck (Amtsgericht Lübeck).
§ 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.