Terms of Service (ToS)

Welcome to archiv.cc. These Terms of Service ("Terms") govern your access to and use of our website builder platform and related services (the "Service").

The Service is operated and provided by Philip Simon (doing business as "archiv.cc"), Liebfrauenstraße 70, 64289 Darmstadt, Germany ("Provider", "we", "us", or "our").

By registering an account or using our Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Account Registration and Security

• You must be at least 18 years old to create an account.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• You must provide accurate and complete information when registering.

2. Acceptable Use Policy (Fair Use)

You retain all rights to the content you create and publish using our Service. However, you agree not to use the Service to:

• Host or distribute illegal, infringing, defamatory, or obscene content.
• Distribute malware, viruses, or conduct phishing campaigns.
• Send unsolicited spam emails or messages.

We reserve the right to suspend or terminate accounts and unpublish websites that violate these rules or consume excessive server resources to the detriment of other users.

3. Prices, Payment, and Taxes

We offer a Freemium tier as well as paid plans. Prices for paid plans are displayed on our website.

• Small Business Status (Kleinunternehmer): According to § 19 of the German Value Added Tax Act (UStG), we do not charge Value Added Tax (VAT). All displayed prices are final prices.
• Payments are processed securely via our third-party payment provider (Stripe).
• Subscriptions automatically renew unless canceled before the end of the current billing cycle.

4. Special Terms for "Lifetime Deals" (One-Time Payments)

Where the Provider offers so-called "Lifetime Deals" (LTDs), the Customer acquires the right to use the Service against a one-time fee. The term "Lifetime" expressly refers to the lifetime and operational period of the software product and not to the lifetime of the Customer. The right of use continues for as long as the Provider offers and operates the Service on the market.

• Scope: The Customer receives free access to regular software updates and minor feature enhancements within their booked package. Future, entirely new supplementary modules or AI services priced separately are excluded.
• Resource Limits: Lifetime Deals are subject to the usage limits defined at the time of purchase. In the event of abusive exceeding of these limits, the Provider reserves the right to throttle or terminate the account.
• Discontinuation: Should the Provider be forced to completely discontinue the Service, the right of use shall terminate. We will announce this at least 3 months in advance.
• No Reselling: The LTD account is strictly bound to the purchaser and may not be resold to third parties.

5. Right of Withdrawal (Cancellation Policy)

If you are a consumer residing in the European Economic Area (EEA), you have a statutory right of withdrawal.

Right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

Exceptions / Premature Expiration: Please note that your right of withdrawal expires prematurely for digital services if you have expressly consented that we begin the execution of the contract before the withdrawal period has expired, and acknowledged that you thereby lose your right of withdrawal.

To exercise your right (if applicable), you must inform us at support@archiv.cc of your decision by an unequivocal statement.

6. Data Processing and GDPR Compliance

To the extent you use the Service to process personal data of third parties (e.g., visitors to the websites you build and host via our platform), you act as the "Data Controller" and we act as the "Data Processor" under the GDPR.

The processing of such third-party data is exclusively governed by our Data Processing Agreement (DPA). The DPA is available at /data-processing-agreement and is hereby incorporated by reference into these Terms. By agreeing to these Terms upon sign-up, you automatically enter into and accept the DPA.

For information on how we handle your own personal data as a customer, please review our Privacy Policy.

7. Limitation of Liability

Subject to applicable German law, our liability is limited as follows:

• We are fully liable for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
• In cases of slight negligence, we are only liable for the breach of essential contractual obligations (cardinal duties). In such cases, our liability is limited to the foreseeable, typical damage.
• We do not guarantee 100% uninterrupted uptime of the Service and are not liable for data loss caused by user error.

8. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, mandatory consumer protection laws of your country of residence remain unaffected.

Consumer Dispute Resolution: We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

9. Changes to these Terms

We may update these Terms from time to time. We will notify you of any material changes via email or a notice within the Service. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

Contact: If you have any questions about these Terms, please contact us at support@archiv.cc.