Contracting Parties and Subject Matter

These Terms of Service govern the legal relationship between Forge12 Interactive GmbH, Donaueschingen/Germany (“Provider”) and the customer (“Customer”) in connection with the provision of the security and protection services SilentShield.io.

The Provider renders its services exclusively to entrepreneurs within the meaning of § 14 BGB, i.e. natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in exercise of their commercial or independent professional activity.

No Deviating Provisions

Provisions deviating from or exceeding these Terms of Service are invalid. This applies in particular to the Customer’s general terms and conditions, even if the Provider accepts an order from the Customer that refers to or includes such conditions, without the Provider expressly objecting.

Conclusion of Contract

The contract is deemed concluded as soon as the Customer and the Provider sign an order form or agree in writing on a service.

Web-Based Conclusion of Contract

If the contract is concluded online, it comes into effect upon receipt by the Customer of a confirmation email from the Provider after completion of the ordering process. The provisions of § 312i BGB regarding special obligations in electronic commerce do not apply.

Scope of Functions

The Provider makes the SilentShield services available to the Customer, which are intended to technically detect and impede automated attacks, bot access, and abusive use of websites, forms, and IT systems.

No Guarantee of Success

The services constitute a supportive technical security measure. The Provider does not owe complete protection against automated attacks, misuse, or unauthorized access. In particular, no guarantee is given for:

• the complete detection or blocking of all bots or attacks,
• the avoidance of misclassifications (false positives or false negatives),
• a specific success rate or level of protection,
• uninterrupted or error-free operation at all times.

The services are provided on a best-effort basis according to the current state of the art.

Misclassifications

The Customer is aware that automated protection mechanisms may lead to misclassifications, in particular the blocking of legitimate users (false positives) or incomplete detection of attacks (false negatives). The Customer is obliged to regularly review the effects of the deployed protection mechanisms and take appropriate measures to safeguard its business processes.

Right of Use

For the duration of the contract, the Customer receives a non-exclusive, non-transferable right to use the services within the agreed scope.

Excluded Uses

Use in safety-critical infrastructures (e.g., power plants, medical devices, military installations, or comparable critical systems) is excluded.

Setup and Integration

The Customer is responsible for the integration, setup, configuration, and ongoing adaptation of the services within its own systems.

Third-Party Dependencies

The Provider is not liable for limitations, malfunctions, or outages attributable to the following circumstances:

• customer-side system environments or configurations,
• changes to websites, forms, or technical integrations,
• browser, device, or network conditions,
• third-party systems, APIs, or external services.

Availability

Availability is determined exclusively by a separately agreed Service Level Agreement (SLA), if applicable.

Support

Support services are only provided if separately agreed and remunerated.

Documentation

Unless otherwise agreed, the Provider only provides online help or user manuals in electronic form.

Beta Features

Features marked as “Beta” are in a testing phase, may contain errors, and are not intended for productive use.

Service Changes

The Provider is entitled to adjust the services for objective reasons, in particular due to legal requirements, technical developments, or security needs, provided that no material contractual obligations are impaired.

Fees

The Customer owes the Provider the remuneration agreed in the order form. This may consist of a one-time setup fee, a fixed monthly base fee, as well as usage-based charges.

Due Date

All fees are due in advance at the beginning of the contract term and at the beginning of each renewal period.

Invoicing

Invoices are issued electronically, either via the customer portal or by email. Payment term: 30 days.

Payment Methods

Payments can be made by bank transfer or credit card.

Prices

All prices are net plus statutory VAT.

Default

In case of payment default of more than two months or arrears equal to at least two monthly fees, the Provider is entitled to block access or terminate the contract extraordinarily.

Lawful Use

The Customer undertakes to use the services only in compliance with legal provisions and these Terms of Service and not to infringe the rights of third parties.

Cooperation Obligations

The Customer is obliged to:

• comply with the technical requirements according to the documentation,
• review and control changes to its systems,
• regularly monitor the effects of the deployed protection mechanisms,
• take appropriate safeguarding measures (e.g., tests, backups, monitoring).

System Requirements

The Customer is responsible for compliance with all technical requirements.

Suspension

The Provider may temporarily suspend usage if there is reasonable suspicion of unlawful use or a threat to system security. The Customer will be informed immediately.

Customer Data

The Provider treats data relating to the use of the services confidentially and uses it exclusively to provide and improve the services.

Data Processing Agreement

Insofar as personal data within the meaning of the GDPR is processed, the Provider acts as a data processor. Details are governed by a separate data processing agreement.

Customer Responsibility

The Customer is solely responsible for the data-protection-compliant use of the services, in particular for:

• the legal assessment of the use of the services,
• the integration into consent management systems,
• informing its end users,
• obtaining required consents.

The Provider does not owe any legal review or advice.

References

The Provider is entitled to name the Customer as a reference, including name, company, and logo, unless the Customer objects.

Defect-Free Service

The Provider makes the services available during the contract term in a condition suitable for contractual use.

Definition of Defect

A defect exists only if the services deviate significantly from the agreed technical functional description. The following are not considered defects:

• undetected or successfully executed attacks,
• misclassifications (false positives / false negatives),
• economic effects of usage,
• limitations caused by third-party providers or system environments.

Defect Notification

The Customer must report defects immediately and describe the circumstances in detail.

Remedy

The Provider is entitled to remedy defects temporarily through workarounds.

Limitation Period

Claims for defect rectification are subject to a limitation period of 12 months.

Free Services

For services provided free of charge, the Provider is only liable for intent or gross negligence.

Exclusion of Liability

The Provider is only liable:

• in cases of intent or gross negligence,
• in cases of simple negligence involving a breach of material contractual obligations.

Extended Exclusion of Liability

The Provider is in particular not liable for:

• security incidents that occur despite the use of the services,
• successful attacks, circumventions, or misuse by third parties,
• misclassifications,
• economic damages (in particular loss of revenue, lost leads, conversion losses),
• data losses, reputational damage, or other consequential damages,
• damages caused by third-party providers, external systems, or integrations.

Extent of Liability

In cases of simple negligence, liability is limited to the typically foreseeable damage, but not exceeding the net remuneration paid in the respective contract year.

No Liability

Beyond this, liability is excluded to the extent permitted by law.

Employees

The limitations of liability also apply in favor of employees and agents of the Provider.

Trial Period

If agreed, the contract begins with a free trial period. The Customer will be separately notified before its expiry about the transition to a paid contract term.

Initial Term

The contract has a fixed initial term (usually 12 months) and is automatically renewed for the same period unless terminated with four (4) weeks’ notice before the end of the term.

Form of Termination

Termination must be in written or text form.

Notices

The Provider may send all declarations by email to the address provided by the Customer.

Precedence

In case of conflict between the order form and these Terms of Service, the order form prevails.

Set-Off

Set-off or retention is only permitted with undisputed or legally established claims.

Written Form

Changes must be made in written or text form. This also applies to waiving this formal requirement.

Applicable Law

Exclusively German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Jurisdiction

The exclusive place of jurisdiction – if the Customer is a merchant – is the registered office of the Provider.

Severability Clause

Should any provision be invalid, the validity of the remaining provisions shall remain unaffected.

Language Versions

In case of discrepancies between language versions, the German version shall prevail.