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Terms and Conditions (Allgemeine Geschäftsbedingungen)

Please note: This is a convenience translation of our German Terms and Conditions (Allgemeine Geschäftsbedingungen). Only the German version is legally binding. In the event of any discrepancy, the German original applies: Allgemeine Geschäftsbedingungen (German).

These Terms and Conditions govern the use of the security service HTProtect.app and of the associated extension (the connector) for Joomla websites. They apply both to consumers and to businesses. Please read them carefully; our privacy policy, our withdrawal instructions and the information given in our imprint / legal notice apply in addition.

Section 1 Scope, provider, definitions

(1) The provider and contracting party is Pascal Lohmann, trading under the business name “HTProtect”, Plitscharder Str. 62, 52134 Herzogenrath, Germany (hereinafter the “provider”, “we” or “us”). Contact: mail@htprotect.app.

(2) These Terms and Conditions (hereinafter the “Terms”) apply to all contracts between the provider and the customer concerning the use of the service offered at HTProtect.app, whether for a charge or free of charge.

(3) A consumer within the meaning of these Terms is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession (Section 13 German Civil Code (BGB)). A business is a natural or legal person or a partnership with legal capacity that, when entering into the contract, acts in the exercise of its trade, business or profession (Section 14 German Civil Code (BGB)). “Customer” refers to both, unless a distinction between consumers and businesses is expressly made below.

(4) These Terms become part of the contract in the version applicable at the time the contract is concluded. They are available at all times on HTProtect.app and may be saved and printed by the customer.

(5) Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract unless the provider expressly consents to their application in text form. These Terms also apply exclusively where the provider renders the service without reservation in the knowledge of conflicting terms of the customer.

Section 2 Subject matter of the contract and nature of the service

(1) The provider renders a security service for Joomla websites. Depending on the plan selected, it comprises in particular the monitoring of the connected website, protective measures, automatic updates, restore functionality (rollback) and the detection of malicious software (malware scanning). The specific scope of services in each case follows from the service description applicable at the time the contract is concluded and from the plan selected.

(2) In terms of its legal nature, the service is a contract for services within the meaning of Section 611 German Civil Code (BGB). The provider owes diligent, professional efforts towards the security of the connected website, but does not owe any particular outcome. A contract for work and services (Section 631 German Civil Code (BGB)) and any resulting obligation to achieve a specific result are expressly not owed.

(3) In particular, the provider does not warrant absolute security, the complete integrity of the website or its data, or the seamless prevention of all attacks. By its very nature, IT security is not a property that can be guaranteed; novel attacks, previously unknown vulnerabilities (zero-day vulnerabilities) and defects in third-party software may lead to security incidents despite the service being rendered with due care.

(4) The agreed quality of the service is determined exclusively by the service description and the plan selected. Statements made in advertising, in public announcements or through other channels do not establish any quality beyond the service description and do not constitute a guarantee, unless the provider expressly confirms them as binding in text form.

(5) The provider is entitled to develop the service further and to change, adapt or replace non-essential functions, provided this is reasonable for the customer and the core contractual service is not thereby restricted. Changes affecting the core contractual service are governed by Section 15.

Section 3 Registration, account and free plan

(1) Use of the service requires the creation of an account. The customer is obliged to provide the information requested during registration truthfully and completely and to keep it up to date.

(2) The customer must keep their access credentials safe, treat them as confidential and protect them against access by unauthorised third parties. The customer is responsible for all activities carried out via their account, unless the customer is not responsible for the misuse.

(3) If there is any suspicion that a third party has gained unauthorised knowledge of the access credentials or that the account is being misused, the customer must inform the provider without undue delay and change their access credentials without undue delay.

(4) The provider may make available a free plan with a limited range of functions. These Terms apply accordingly to its use; the particularities of liability under the free plan are governed by Section 11(6).

(5) As a matter of principle, only one account per customer is permitted. Creating or maintaining several accounts in parallel by the same customer for the purpose of circumventing the limits attached to a plan (in particular the website limit of the free plan) is not permitted. In the event of such a breach, the provider is entitled to suspend the accounts concerned, to close surplus accounts or to terminate the contractual relationship for good cause pursuant to Section 6(4). Where there are legitimate reasons, for example legally separate entities or separate client mandates, the provider may permit several accounts on request.

Section 4 Conclusion of the contract and the “order button” requirement (Section 312j German Civil Code (BGB))

(1) Registration and use of the free plan are free of charge. A paid subscription is concluded via a hosted checkout process operated by the payment service provider Stripe.

(2) The presentation of the plans on HTProtect.app does not yet constitute a binding offer but an invitation to the customer to submit an offer. By selecting a paid plan and completing the order process, the customer submits a binding offer to enter into a subscription.

(3) Before the order is placed, the customer is shown, in a clear manner, the essential characteristics of the service, the total price including taxes, the billing cycle and the contract term.

(4) In relation to consumers, the order only becomes binding once the consumer activates a button expressly labelled as entailing a payment obligation, bearing the words “Zahlungspflichtig abonnieren” (“subscribe with obligation to pay”) or a correspondingly unambiguous wording (Section 312j(3) German Civil Code (BGB)).

(5) The contract is concluded upon confirmation of the subscription by the provider or upon successful payment authorisation via Stripe. The customer receives the contractual provisions, including these Terms, on a durable medium (in text form).

Section 5 Prices and payment

(1) The prices stated on HTProtect.app at the time of the order apply. All prices are inclusive of statutory value added tax (19%). In relation to consumers, the total price including all taxes is shown before the order is placed.

(2) Depending on the customer’s selection, paid plans are billed in advance, either quarterly (an amount equal to the monthly price multiplied by three) or annually (an amount equal to the monthly price multiplied by ten, so that, compared with monthly billing, two months are effectively saved).

(3) Payment is made via the payment service provider Stripe. The checkout process takes place on a page hosted by Stripe; payment and card details are processed exclusively by Stripe and are not stored on HTProtect.app. Stripe’s terms apply in addition in this respect.

(4) If the customer defaults on a payment that has fallen due, the statutory rules on default apply. In this case, the provider is entitled, after prior notice, to suspend or discontinue the paid services until the outstanding amount has been settled in full. Any further statutory rights of the provider remain unaffected.

(5) If payment repeatedly fails or is charged back, the provider may end the paid subscription in accordance with Section 6. In this case the customer falls back to the free plan, in so far as such a plan is offered.

Section 6 Term, renewal and termination

(1) The term of a paid subscription corresponds to the billing cycle selected (quarterly or annual) and begins upon conclusion of the contract.

(2) The subscription renews automatically at the end of the respective term unless it is terminated in good time. In relation to consumers, the following applies exclusively (Section 309 no. 9 German Civil Code (BGB)): tacit renewal results in each case in a contractual relationship for an indefinite period, which the consumer may terminate at any time subject to a notice period of no more than one month. There is no automatic renewal for a further fixed term in relation to consumers.

(3) In relation to businesses, the subscription renews in each case for a further period equal in length to the billing cycle last selected, unless it is terminated by the end of the current period.

(4) The right of either party to terminate the contract extraordinarily for good cause remains unaffected. Good cause exists for the provider in particular in the event of substantial payment default or unlawful use of the service by the customer.

(5) Termination can be effected conveniently at any time via the termination button (Section 312k German Civil Code (BGB)); alternatively, a declaration in text form is sufficient (for example by e-mail to mail@htprotect.app).

(6) When the termination of a paid subscription takes effect, the paid services end at the end of the period paid for. The customer then falls back to the free plan, in so far as such a plan is offered; otherwise the contractual relationship ends.

Section 7 Right of withdrawal for consumers

(1) Consumers have a statutory right of withdrawal (Widerrufsrecht) in respect of paid contracts. Details, time limits and the legal consequences follow from our withdrawal instructions.

(2) If the consumer wishes the service to commence before the expiry of the withdrawal period, their express consent is required for this. The right of withdrawal expires in the case of a service that has been fully performed if the provider began performance only after the consumer had given express consent and had acknowledged that the right of withdrawal would expire. If the consumer withdraws in good time from a contract whose performance has already begun, they owe compensation for value for the services rendered up to the withdrawal, calculated proportionately on the basis of the agreed total price. Further details are set out in the withdrawal instructions.

Section 8 Duties and obligations of the customer

(1) The service supplements the customer’s own diligence but does not replace it. The customer remains responsible for the operation, the content and the backup of their website.

(2) The customer is obliged in particular:

(3) If the customer breaches these duties or obligations, this may reduce or exclude their claims against the provider under the principles of contributory fault (Section 254 German Civil Code (BGB)), in so far as the breach of duty contributed to causing the loss incurred. In particular, a claim for loss of data lapses or is reduced to the extent that proper backups made by the customer would have avoided or reduced the loss.

Section 9 Availability, maintenance and force majeure

(1) The provider endeavours to achieve a high level of availability of the service but does not owe any particular level of availability and gives no availability guarantee.

(2) The provider is entitled to restrict or interrupt the service temporarily for maintenance, update and backup work. Where possible, the provider will schedule plannable maintenance windows so that the impact on the customer remains low.

(3) The provider is not liable and is not in default for periods in which the rendering of the service is impossible, restricted or delayed as a result of force majeure or other circumstances for which the provider is not responsible. This includes in particular previously unknown vulnerabilities (zero-day vulnerabilities), novel or particularly sophisticated attacks, the failure or disruption of networks, data centres, hosting providers or other third-party providers including the payment service provider Stripe, power outages, strikes, and measures taken by public authorities or the courts.

Section 10 Defects and warranty

(1) The law on contracts for services applies to the contractual relationship. If the provider does not render the service in accordance with the contract, the customer is initially entitled, within the limits of what is reasonable, to subsequent performance or to the remedying of the disruption in performance.

(2) If the customer is a business, they must notify the provider in text form of any discernible defects in the service without undue delay after discovering them. If timely notification is not given, the service is deemed approved in this respect, in so far as this is legally permissible.

(3) In all other respects, claims of the customer arising from breaches of duty are governed by the statutory provisions and by the liability provisions in Section 11.

Section 11 Liability

(1) The provider is liable without limitation for damage resulting from injury to life, body or health based on a negligent or intentional breach of duty, as well as in cases of intent and gross negligence, under the German Product Liability Act (Produkthaftungsgesetz), within the scope of any guarantees given, and in the case of fraudulently concealed defects.

(2) In the case of a slightly negligent breach of a material contractual duty (cardinal duty) – that is, a duty the fulfilment of which is essential to the proper performance of the contract in the first place and on the observance of which the customer may regularly rely – the provider’s liability is limited to the foreseeable damage typical of this type of contract at the time the contract was concluded. Loss of profit, indirect damage and consequential damage are excluded in this respect.

(3) In all other respects, the provider’s liability for damage caused by slight negligence is excluded.

(4) The service is rendered as a duty of diligent effort. No warranty is assumed that security incidents, malicious software or losses of data will be entirely prevented or reversed.

(5) The customer remains obliged to create their own regular and complete backups. The provider is liable for loss of data in accordance with the preceding paragraphs only to the extent of the effort that would have been required to restore the data had the customer maintained proper backups in line with the state of the art.

(6) Free plan: for services rendered under the free plan, the provider is liable – subject to the unlimited liability under paragraph 1 for injury to life, body or health – only for intent and gross negligence (following the legal principle underlying Sections 521 and 599 German Civil Code (BGB)).

(7) The above limitations of liability also apply for the benefit of the provider’s legal representatives, employees and vicarious agents.

(8) In relation to businesses only, the following applies in addition: liability for damage caused by slight negligence is limited in amount to the fees paid to the provider in the twelve months preceding the event giving rise to the damage. This monetary limitation does not apply in relation to consumers.

Section 12 Limitation of actions

(1) In so far as legally permissible, claims for damages against the provider – with the exception of the cases covered by Section 11(1) – become time-barred within twelve months from the statutory commencement of the limitation period.

(2) In relation to consumers, the shortened limitation period under paragraph 1 applies only in so far as mandatory law does not preclude it, in particular the limits set out in Section 309 no. 8 lit. b et seq. German Civil Code (BGB). In all other respects, the statutory limitation periods remain unaffected.

Section 13 Indemnification

The customer shall indemnify the provider on first demand against all third-party claims asserted against the provider on account of unlawful use of the service attributable to the customer or a breach of these Terms. The indemnity also covers the reasonable costs of the necessary legal defence. This does not apply in so far as the customer is not responsible for the infringement.

Section 14 Data protection

The provider processes the customer’s personal data in accordance with the statutory provisions. Details of the nature, scope and purpose of the processing, as well as of the rights of data subjects, follow from our privacy policy. In so far as the provider processes personal data on behalf of the customer, the parties will conclude a data processing agreement pursuant to Art. 28 GDPR where required.

Section 15 Changes to these Terms and to the services

(1) The provider may amend these Terms as well as the core contractual service where there is an objective reason for doing so – such as a change in the legal position, a ruling by a supreme court, a change in the technical framework conditions or an adjustment of the range of services offered – and provided the change does not unreasonably disadvantage the customer.

(2) The provider will give the customer notice of changes in text form at least six weeks before they take effect. The customer may object to the changes up to the time they take effect. If the customer does not object and continues to use the service after the announced date, the changes are deemed accepted; the provider will expressly draw attention to this in the notice.

(3) If the customer objects within the time limit, they have the right to terminate the contract extraordinarily with effect from the date on which the change takes effect (special right of termination). The provider will likewise draw attention to this right in the notice. In the case of consumers, mandatory statutory consent requirements remain unaffected.

Section 16 Final provisions

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law applies only in so far as the consumer is not thereby deprived of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (favourability principle).

(2) If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contractual relationship is the provider’s registered place of business. The provider is also entitled to bring proceedings at the customer’s general place of jurisdiction. In relation to consumers, the statutory places of jurisdiction apply.

(3) Consumer dispute resolution (Section 36 VSBG): we are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

(4) Should any provision of these Terms be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by the applicable statutory rule.

Note on the language of this document: this English text is a translation provided for information purposes only. The legally binding version is the German original, available at htprotect.app/agb; where the two differ, the German wording applies.

As of: July 2026