Terms of Service

This is a courtesy translation. Only the German version is legally binding.

§ 1 Scope and Provider

(1) These General Terms and Conditions (Terms of Service) apply to all contracts for software subscriptions and related services of the "Wave Tools" brand concluded via the website wavetools.io.

(2) The provider and contracting party is: Holger Klopmeyer, Salmstraße 19a, 46509 Xanten, Germany, email: holger@klopmeyer.de (hereinafter the "Provider").

(3) A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 of the German Civil Code, BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession (Section 14 BGB).

§ 2 Subject Matter of the Contract

(1) The subject matter of the contract is the provision of the WordPress extension "Wave Access" and — depending on the plan selected — related services: software updates, technical support, the generation of audit reports and accessibility statements, as well as AI-powered features (automatic alternative texts, translation into Easy Language, read-aloud function with synthetic voices).

(2) The software is licensed under the GNU General Public License v2 (or later). What is remunerated is not the granting of the GPL rights but the ongoing services: provision and delivery of updates, support, use of the AI services via the Provider's servers, and the license key infrastructure.

(3) The AI features are available within the monthly quota that depends on the selected plan. Unused quota expires at the end of the month; additional quota can be purchased as an add-on.

(4) The software assists the operator in improving the accessibility of their website. The Provider does not owe legal conformity of the customer's website with the German Accessibility Strengthening Act (BFSG), the European Accessibility Act or other regulations; such conformity also depends on the content, design and technology of the website, over which the Provider has no influence.

§ 3 Conclusion of the Contract

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

(2) By completing the checkout process via the payment service provider Stripe, the customer submits a binding offer to conclude a subscription contract. The contract is concluded upon receipt of the order or payment confirmation by email.

(3) The text of the contract is stored by the Provider; the contract data is available to the customer in the customer area. The contract languages are German and English.

§ 4 Prices and Payment

(1) The prices displayed on the website at the time of the order apply. For consumers, the final prices displayed during checkout include the applicable statutory value-added tax; this is calculated and displayed during the payment process depending on the country.

(2) Payment is processed via the payment service provider Stripe (Stripe Payments Europe, Ltd.). The payment methods offered there are available. Billing takes place, at the customer's choice, monthly or annually in advance.

(3) Invoices are provided electronically.

§ 5 Term, Renewal, Cancellation

(1) The subscription has a term of one month or one year (depending on the selected billing cycle) and renews for the same period in each case unless it is cancelled before the term expires.

(2) Cancellation is possible at any time effective at the end of the current billing period — via the customer area, the Stripe customer portal, the cancellation function on the website, or in text form.

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

(4) After the end of the contract, the installed software remains functional (GPL); updates, support, license-dependent features and AI services are no longer available.

§ 6 Right of Withdrawal for Consumers

Consumers are entitled to a statutory right of withdrawal. Details are set out in the withdrawal policy, which also includes an online withdrawal function.

§ 7 Obligations of the Customer

(1) The license key is limited to the number of websites agreed in the plan and may not be passed on to third parties (except for use in client projects under the Agency plan).

(2) The customer ensures that they are entitled to have the content they submit to the AI features (e.g. images, texts of their website) processed.

(3) Any abusive use of the AI services (in particular automated circumvention of the quotas) is prohibited.

§ 8 Availability

The Provider strives for high availability of the server-side services (update server, AI services) but does not owe any specific availability rate. Maintenance windows and outages beyond the Provider's control are possible. The locally installed software is independent of the availability of the server services, with the exception of the AI features.

§ 9 Warranty and Liability

(1) The statutory warranty rights apply, for digital products in particular Sections 327 et seq. BGB.

(2) The Provider is liable without limitation in cases of intent and gross negligence as well as for injury to life, body or health.

(3) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.

(4) Liability under the German Product Liability Act remains unaffected.

§ 10 Data Protection

Information on the processing of personal data can be found in the privacy policy.

Data processing (DPA)

For plans with server-side services (AI features, external scan), the Data Processing Agreement pursuant to Art. 28 GDPR (PDF) applies in addition. It is provided in electronic format and automatically becomes part of the contract upon conclusion; no signature is required.

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the country in which they habitually reside.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Provider's registered office.

(3) The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(4) Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.