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Jimdo Terms and Conditions of Use

General

These general terms and conditions (hereinafter referred to as “terms”) set out the rights and obligations in connection with the use of the services offered by the Provider Jimdo GmbH (hereinafter referred to as “Jimdo” or “provider”) and the Jimdo user in connection with the utilization of the Jimdo services.

The Jimdo terms and conditions solely apply as the exclusive terms and conditions. Contradictory terms or user terms that deviate from these terms shall not be recognized, unless we have recognized and have exclusively and in textform agreed to the validity of such. These terms shall also apply even where with knowledge of contradictory terms or terms of the Jimdo user that deviate from these terms, we continue to provide our services without reservation, to the user.

Contractual Agreement

A legally binding and enforceable contract shall take effect - unless otherwise agreed - upon successful completion of the registration process. The registration process shall only be successfully completed when Jimdo has informed you of such via email.

The user has the opportunity to print these terms and conditions (the text of the contract created) at any given time. For this purpose the print function of the respective browser can be used.

The user does not have a claim to the conclusion of a contract. Jimdo reserves the right to refuse the offer of a user to enter into a contract with them, without giving reasons.

In order to register and use the Jimdo services the user must be at least 14 years old at the time of registration. Minors are only permitted to register when they have the permission of their respective legal representative (e.g. their parents). Jimdo reserves the right on a case by case basis to demand documented proof that consent has been granted.

If the Jimdo user operates an online store the minimum age is 18 years.

Our Services

Jimdo provides online services which allow Jimdo users to create and manage their own user profile (Jimdo user accounts) for and in order to create, manage and modify their their own JimdoPage(s) (hereinafter referred to as “JimdoPages” or “Jimdo websites” or “Jimdo sites”). The Jimdo services enable the user to modify the design of their Jimdo website(s) as well as to upload and publish their own contents and/or operate an online store.

Jimdo offers different versions of their service: (a) a free of charge Jimdo service (referred to below as "JimdoFree") and (b) more comprehensive JimdoPage versions which are subject to a fee (referred to below as fee-based packages e.g. JimdoPro, JimdoBusiness etc.). For updated specifications for these versions please visit http://www.jimdo.com/pricing/

All services provided by the Service Provider free of charge may be discontinued at any time. In such a case the User will not be entitled to claim the continuation of this type of service.

Free of charge Jimdo service(s) e.g. JimdoFree may contain advertisements. The Jimdo user is not permitted to edit, remove, or conceal any advertisements.

The Jimdo users website shall be published under a subdomain name of the Jimdo website address i.e. “username.jimdo.com” that shall either be chosen by the Jimdo user or generated automatically. Users are not permitted to redirect an externally hosted domain to a Jimdo JimdoPage or to display the JimdoPage on an external Website (e.g. integration via frame or iframe).

In edit mode on all Jimdo sites, Jimdo collects data by means of Google Analytics in order to ensure the quality of Jimdo sites. This collection of data is carried out on all Jimdo Pages. Jimdo uses the data obtained in order to solve problems and to continually improve the ease of operation of our services. Jimdo reserves the right to use other web analysis systems. Of course we shall inform you as regards all such usage in our privacy statement. In selecting and implementing web analysis systems we ensure that careful selection of the respective service provider takes places and that the data protection and privacy requirements for the implementation of such systems are adhered to.

The Service Provider reserves the right at all times and at its own discretion to make use of the services of third parties in providing services.

Jimdo offers extensions and addons to the fee based packages and services from third parties, that can be integrated on the Jimdo sites of the Jimdo user. The type and scope of the utilization depends on the respective terms of the third party, which Jimdo specifically refers to. We offer users of our fee-based packages and services (e.g. JimdoPro, JimdoBusiness etc.) in particular, the integration of the web analysis tools and systems we implement. In that context these users can also have access to web analysis data, insofar as such data pertains directly to their Jimdo sites.

Personal/User Data

The Jimdo user confirms that all the personal data provided by them is true and complete. Jimdo reserves the right to request appropriate proof of identity on a case by case basis.

The Jimdo user is obliged to keep their personal “contact” information up to date at all times.

The Jimdo user is required to maintain strict confidentiality regarding all login data, identification, and passwords and to prevent third parties from accessing their login data. In the event that the Jimdo user has reason to believe or suspects that third parties have obtained or may have obtained unauthorized login data, identification, or passwords, they shall inform Jimdo immediately and change their login data.

For contractual purposes (e.g. invoices, important contractual information, major technical changes) the Jimdo user agrees to receive electronic communications from Jimdo.

General Jimdo user Obligations

The Jimdo user is responsible for any contents published, provided or stored by him on their Jimdo-Page(s). The provider (Jimdo) is under no obligation to inspect the Jimdo sites of the Jimdo users with regard to violations of law.

The Jimdo user is responsible for complying with all laws that apply to them and their end-users, within the applicable jurisdiction, as well as the regulations of the Federal Republic of Germany. This also applies explicitly to any additional legal regulations regarding the operation of an online store.

Insofar as the JimdoUser is legally obligated to fulfill information obligations (“imprint”) on their Jimdo site (regarding their business/service/information offering), they are correspondingly under the obligation to provide that information upon initial publication of the Jimdo site. If the Jimdo user is a company, a natural person must be designated as the contact person for the Jimdo site and corresponding contract. Should this contact person change at any time, Jimdo is to be informed as soon as possible.

Jimdo regularly performs back ups of the Jimdo servers. Individual Jimdo sites and or the content therein can not be restored from these system backups. The Jimdo user bears the sole responsibility for the saving and securing of their Page/site data ie. page content. Further info can be found in this helpful support article: http://hilfe.jimdo.com/basiswissen/h%C3%A4ufige-fragen/backup-erstellen/

The Jimdo user is expressly prohibited from saving the Jimdo Design/template on a non Jimdo IT system and from transferring it to and using it on a non Jimdo IT system.

The Jimdo user is only permitted to use the curated selection of contents of the designs(templates) provided by or via Jimdo exclusively for their Jimdo presence. A publication of this content on or via any other medium e.g. print media or any other internet platform is not permitted.

Prohibited Acts

The Jimdo user is prohibited from undertaking any acts on the Jimdo platform or their own Jimdo site (e.g. submit, transmit or display any user content) that violate the law, and/or the rights of third parties or that violate the basic principles regarding the protection of minors.
The following acts in particular are expressly prohibited:
  • the publication, transmitting, publishing, offering or advertising of content, services and/or products that consist of one or all of the following: pornographic in nature, in violation of relevant legislation regarding the protection of minors, that violate data protection regulations and that otherwise violate the law or are fraudulent in nature.
  • the use, publication, transmission of content, whereby other participants/persons or third parties may be insulted and/or slandered (defamed- defamation).
  • the use, provision and the publication of content, services and or products that are legally protected or encumbered with the rights of third parties (copyright/trademark protection), without being demonstrably entitled to do so.
Furthermore, independent of any possible legal ramifications, the following activities as concerns the setting of the Jimdo user’s own content (e.g. via the setting of links), are also prohibited:
  • the distribution and/or otherwise transmission or execution of viruses, trojans and other damaging data;
  • the sending of junk, spam or scam mails as well as “chainmail”;
  • the publication of obscene or defamatory content or communications, or content that is contra bonos mores, as well as communications that could be seen to promote or encourage (either implicitly or explicitly) any of the following: racism, radicalism, fascism, fanaticism, hate, physical and/or mental abuse or illegal acts;
  • the harassment of others e.g. via multiple instances of contact via a Jimdo site without or in contravention to the reaction of the recipient,as well as the promotion or encouragement of such harassment;
  • the requesting of passwords or other personal data via your Jimdo site for commercial or illegal purposes (phishing);
  • the making available, publication, offering and/or the advertisement of bonus systems, Paid4Mail-Services, PopUp-Services, Snowball systems, pyramid schemes or other similarly functioning schemes as well as engaging in unethical marketing or advertising;
  • the offering of games of chance such as public sports betting and lotteries etc. without permission from the relevant authority;
  • the procurement or indirect procurement of loans and private loans in a commercial manner without demonstrable permission from a relevant authority.

Furthermore, every action that could influence the normal functioning of the Jimdo platform is prohibited.

In the event of claims(e.g. secondary liability, third party liability etc.) due to illegal content which the User has placed on a Jimdo site, the User agrees to indemnify Jimdo and hold Jimdo harmless from any claim or demand(including and not limited to cease and desist orders with contractual fines, revocations, damages, rectifications etc.). In such a case the user is also under the obligation to assist Jimdo in every manner in responding to and in the defense of such claims.

The sending of emails to a multiple number of recipients (newsletter, advertising) via the Jimdo mail system is essentially forbidden. The email systems used via Jimdo automatically react to the sending of this type of email and correspondingly block access to the Email account concerned, as well as the email administration for the Jimdo site concerned. We reserve the right to permanently block email access of repeat offenders.

Domain (Name) Registration, Domain Name Cancellation, and Change of Provider

Some of the service packages include the provision of one or more domain names. As regards the acquisition and maintenance of domains, Jimdo serves only as an agent between the Jimdo user and the organization responsible for domain name allocation (registrar) concerned. Top-level domains (e.g. .COM, .US) are predominantly managed by a large number of different organizations, mostly at the national level. Each of these organizations has its own terms and conditions pertaining to the registration and management of domain names. The registration terms and conditions of the relevant domain registrar will therefore apply complementarily to these terms and conditions; e.g. in the case of DE domain names the registration terms and conditions of the DENIC e.G. (Registered Cooperative) shall apply. Accordingly the applicable registrar's terms and conditions thus form part of this contract. On request the Service Provider will send a copy of such terms and conditions to the Jimdo user. Alternatively they may be accessed online from the respective allocating organization.

The Jimdo user is in particular responsible for providing correct and complete data regarding the domain name holder (registrant) and the administrative contact (admin-C) when registering the domain name. The technical contact in all cases will be Jimdo GmbH. Irrespective of the relevant registration terms and conditions, such data must include the name of the domain name holder, and physical mailing address (PO boxes or anonymous addresses are not permissible), a valid email address and telephone number. If this information changes, the Jimdo user must immediately inform Jimdo of this change via the online (in the admin/menu) Domain Change Ownership form.

Upon formation of the contract, Jimdo will make the option available to register the desired domain name with the responsible registrar. Jimdo may defer activation of a domain name until payment of the agreed fees for the registration services has been received. Jimdo has no influence on the allocation of the domain name by the relevant organization. Therefore Jimdo assumes no responsibility or liability that the requested domain names shall be allocated to the Jimdo user and/or that allocated domain names are free of third-party rights nor does jimdo guarantee their continued existence. Any information provided by Jimdo regarding the availability of a domain name is based on the data provided by third parties and only refers to the information available at the time that information is requested. The domain shall only be deemed as being allocated to the Jimdo user upon successful registration of the domain by the user and its subsequent entry into the database of the registrar.

Before applying for a domain name, the Jimdo user will check that the domain name does not violate the rights of any third party or contravene existing legislation.

A free change of the requested domain name after registration with the relevant registrar is excluded. Independent thereof a further domain (for which a charge is incurred) can be registered and connected to the site. Should a domain name that has been applied for already have been allocated during the time required for forwarding the domain name request to the registrar, then the Jimdo user shall be entitled to choose a different, available domain name. Where individual domains are cancelled by the user or are cancelled as a result of binding decisions resulting from domain name disputes, the Jimdo user shall not be entitled to a free substitute domain name.

Subject to these terms and conditions and those of the relevant registrar, the Jimdo user may transfer all domain names registered through Jimdo to another provider, provided that the new provider offers the corresponding top-level domain name (e.g. .COM, .DE) and supports the change given the required circumstances and technical requirements. If the user is a consumer then the transfer is only possible outside of the legal revocation period for such “distance sales contracts”. The fee-based package e.g. JimdoPro- / JimdoBusiness- contract with Jimdo will remain unaffected by a change in provider. In order to end this contractual relationship with Jimdo a specific cancellation is required. All such declarations, in particular domain cancellation, domain deletion and change of provider must be submitted in text form or insofar as it is technically possible in the jimdo user’s administration area (menu), the declaration can be executed electronically. If Jimdo is unable to grant the provider change (domain transfer) on time due to tardiness in the initiation of the change of provider by the new provider or the Jimdo user, or where the necessary requirements in order to grant the change are not fulfilled, then Jimdo i.e. the provider for the domain is expressly entitled to have the cancelled domain deleted to the cancellation date at the corresponding registrar ( “CLOSE”).

The Jimdo user is obligated to notify the Service Provider (Jimdo) immediately should he lose the rights to a domain name registered to him.

In the event of third parties credibly asserting rights to a domain name, Jimdo reserves the right to block the corresponding domain name until the dispute/issue has been resolved. In the event of such a domain name blocking, the Jimdo user is still obligated to perform their side of the associated contract(i.e. to render payment). The Jimdo user shall agree to all measures that have to be taken by jimdo in order to comply with court rulings and decisions.

Blocking Access to your Account

Jimdo reserves the right to block access to our services either temporarily or permanently if there are concrete indications that the JimdoUser has violated or shall violate these terms and conditions and/or the law, or if Jimdo has a legitimate interest in blocking access.

Furthermore a blocking of the Jimdo site can occur if the user is more than 30 days in default on their payment. In that case Jimdo is also entitled to apply for the deletion of the user's’ domain name(s) at the respective registrar.

In deciding as to whether a site shall be blocked, the legitimate interests of all parties shall be considered as appropriate.

In the event that the User of the free of charge Jimdo service(s) e.g. JimdoFree fails to log into his JimdoPage within 180 days, the Service Provider may delete the JimdoPage and its contents permanently and suspend all access to the Jimdo account by the User.

Service Disruption

Jimdo endeavors to ensure the best possible availability of the Jimdo services. The Jimdo user acknowledges however, that for technical reasons as well as due to the Service Provider's dependence on external factors, (e.g. unavailability of telecommunications networks, electricity outages, hardware and/or software failure etc), the uninterrupted availability of individual Jimdo sites cannot be guaranteed.The Jimdo user can therefore not assert a claim for continual access to the Jimdo sites. Access restrictions of a temporary nature shall not constitute grounds for warranty claims nor a right to extraordinary termination. In addition to the possible access restrictions due to circumstances beyond the Service Providers control, the Service Provider also reserves the right to impose temporal and/or complete access restrictions, for example where the JimdoPage is temporarily disabled for the purpose of installing technical improvements or eliminating errors and defects, etc. The current status of our systems can be be viewed under the following link: https://www.jimdo-status.com/

In as far as the Jimdo services are provided free of charge (e.g. JimdoFree websites) the user only has a claim to the use of the services within the framework of the actual availability provided.

As regards the paid services provided by Jimdo, Jimdo guarantees within the sphere of our responsibility an availability of 98% throughout the year. Regular maintenance, which can amount to up to 4 hours per week is not included in the aforementioned, calculated availability. We aim to keep the maintenance times as short as possible.

In order to ensure the proper operability of the Jimdo sites, a number of system requirements must be fulfilled. A list of these current requirements is available here. The Service Provider is not liable for disruptions caused by the use of system configurations that vary from the list provided.

Terms of Payment

For the use of the fee-based Packages such as JimdoPro / JimdoBusiness packages as well as optional extra services/ services from third party providers charges shall apply that shall be due in advance for a complete contractual period.

All payment methods possible shall be displayed to the user in the product information and/or during the checkout and ordering process.

Invoices for users of the Jimdo fee-based packages and services (e.g. JimdoPro, JimdoBusiness etc.) shall be provided to the user electronically, in pdf form.

The respective invoiced amount is due in full to Jimdo 14 days after the invoice has been deemed to have been received, unless otherwise agreed.

The relevant day to determine the timeliness of payment is the day at which the amount is received by, or credited and completely available to Jimdo.

Jimdo processes all payments via external payment processors, namely Ingenico (Globalcollect), Paypal and Stripe. The Jimdo user agrees that Jimdo payments shall only be accepted via these payment processors and that they correspondingly permit the processor concerned to charge the amount concerned. Where bank transfers are concerned, this payment must be directed to the payment processor.

If a payment method has been saved to a Jimdo Contract, via which the contract renewal costs could automatically be charged, Jimdo shall thus automatically charge the amount due on the date of the contract renewal. Should this not be possible, the Jimdo user shall receive a payment link sent to them on the date of the contract renewal. The payment for the corresponding contract period must be paid via that link within 14 days.

Where payment is made via bank transfer the specific purpose “reason for payment” supplied by Jimdo must be entered on the bank transfer. If the Jimdo user sends a bank transfer with another purpose or the wrong purpose then they are obligated to inform Jimdo immediately and send Jimdo evidence of proof of payment. This proof of payment must include the following details: The bank number concerned (IBAN of the sender), the name of the account holder, the payment date (Timezone), the amount, the purpose/reason for payment as entered on transfer form) as well as the bank number(recipient’s IBAN). The burden of proof as concerns payment lies solely with the Jimdo user.

Jimdo, the provider is also entitled to deactivate/block the user’s site(s) and prevent their access where the charges due are not paid. In this case Jimdo is also entitled to delete the corresponding domain names of the Jimdo user at the relevant registrar (“CLOSE”). In accepting these terms of service, the Jimdo user grants Jimdo the explicit right to this type of termination.

Jimdo does not accept any liability for losses, damages or loss of revenue that may be caused by the blocking of a Jimdo Site due to incomplete or delayed payment, as long as the failure or delay can be attributed to the Jimdo user.

Payments are due in the local currency i.e. EURO or USD.

Discounts and other actions can only be applied to the first year of a contract, unless otherwise stipulated. The contract renewal at the end of the first year and for all subsequent terms shall cost the full price.

All prices include VAT. The applicable VAT rate shall be shown on the invoice. If the Jimdo user i.e. the corresponding company not based in Germany, but rather in the EU, the Jimdo user shall receive an invoice in which the VAT is not shown. In that case the Jimdo user shall enter a (valid) VAT identification number with their Jimdo fee-based package order. In that case the jimdo user is responsible for the taxation (reverse charge procedure). Jimdo user outside of Europe as well as in Switzerland receive a net amount invoice.

Chargebacks

Should a chargeback be carried out by the Jimdo user, Jimdo reserves the right to block the user’s Jimdo site and/or to cancel the Jimdo contract. This cancellation shall also include the deletion of the domain, the associated email accounts as well as any integrated third party services.

A renewed use of the Jimdo services shall be possible provided all outstanding debts have been paid.

Charges that Jimdo incurs via a chargeback from a Jimdo user, denial of payment or via the opening of a dispute claim, may be invoiced to the user. Should the Jimdo user have questions regarding a payment they may contact the customer support teams in advance.

Should problems occur that prevent the collection/charging of the invoiced amount, Jimdo reserves the right to only offer certain payment methods for the payment of the invoice.

Right of Revocation

Consumers are generally entitled to a right of revocation. Further information can be found in our Cancellation Policy.

In the event of a revocation of the contract by the JimdoUser, payments received from the user shall be returned without delay and at the latest within 14 days from the receipt of the revocation. We will return your payment using the same payment method that you originally used to pay for your Jimdo package.

Once the cancellation is completed, Jimdo will delete all domains associated with the contract (unless they have already been moved to another provider) as well as any email account(s) associated with those domains(including the emails located in those email accounts). In the course of the revocation/cancellation the Jimdo site shall be reset to the Jimdo Free version of the service.

If at the time of revocation the domain attached to the Jimdo site has already been registered or if the registration has already been submitted prior to submission of the revocation, Jimdo reserves the right to invoice the user for the cost of the domain registration or alternatively to reduce the refunded amount in accordance with the domain registration fee.

Responsibility for Content

We offer the JimdoUser the possibility to post content on their Jimdo site and to make said content available to others via the Jimdo site. In order for Jimdo to perform it’s service and allow for the creation of a website with text, pictures and videos, it is necessary that the JimdoUser grants usage rights to Jimdo for the publication, editing and public broadcasting of this content. This does not entitle Jimdo to sell the user content to a third party. The copyright of the author shall remain unaffected.

With the posting of content the JimdoUser grants Jimdo gratuitous usage rights to the various content, including:
  • to store the content on the Jimdo servers as well as to publish and make such content publicly available (e.g. via displaying said content on the Jimdo webpages)
  • to edit and reproduce that data to the extent necessary for delivery and publication of the content

The JimdoUser is completely responsible for all content they post. Jimdo is not obliged to inspect the content prior to publication as regards completeness, validity, legality, currentness, quality and suitability for particular purposes.

The Jimdo user declares and guarantees Jimdo that they are the sole owner of all rights to the content posted by them on their Jimdo website, or that they are otherwise legitimately authorised to do so (e.g. via written consent from the copyright holder).

Jimdo reserves the right to refuse, block or remove the posting of content and/or content that has already been posted (including private messages) without prior notice, should the posting of the content or the posted content itself constitute or lead to a violation of these terms and conditions, or where there is clear evidence that a serious violation of these terms shall result. The legitimate interests of the JimdoUser shall be taken into account and proportional measures to prevent and/or remove the violation shall be taken.

The Jimdo user shall upon first request indemnify Jimdo and hold Jimdo harmless against all claims from third parties, against Jimdo as a result of a violation committed by the Jimdo user against legal regulations, third party rights(in particular personal rights, copyright and/or trademark rights), or as regards contractual duties, representations or guarantees(warranties), including the costs of a legal defense (lawyer’s fees and court costs at the applicable statutory rate). In the event of claims arising from any such behavior, the Jimdo user is obligated to immediately and completely cooperate and clarify the situation, as well as to make all required entries accessible to Jimdo in a suitable manner.

Contracts and Cancellations

The free of charge Jimdo Website (e.g. JimdoFree) may be deleted at any time by the Jimdo user directly via the settings in the menu of the aforementioned “JimdoFree” site.

Unless otherwise stated in the relevant subscription description, the duration of the Jimdo fee-based packages and services (e.g. JimdoPro, JimdoBusiness etc.) contracts is 12 or 24 months, and shall renew for this same period of time unless the User terminates the subscription up until one month before the subscription is due to end/renew. The Jimdo user shall be informed as to the upcoming renewal 6 weeks prior to the renewal of the contract via email. This email shall be sent to the email address of the site contract holder on file at the time.

Cancellations can be directly submitted by the Jimdo user via the site they wish to cancel or in text form (e.g. Email, fax, letter). For cancellations that are submitted via email, this email must be sent from the email address that is registered to the Jimdo site concerned. Cancellation can be made to the end of the current contract period or to the following normal workday. In the case of the termination of a contract the fee-based (e.g. JimdoPro, JimdoBusiness etc.) packages and respective sites shall be reset to the free of charge Jimdo website (e.g. JimdoFree), which can subsequently be deleted by the user themselves.

Fees paid in advance shall not be refunded upon termination of the contract or deletion of the site prior to the end of the contract period.

The jimdo user has the possibility to purchase additional fee-based “add-ons” i.e. services, complimentary to their fee-based packages (e.g. JimdoPro, JimdoBusiness etc.). If the Jimdo user cancels one or more of these fee based additional services, the validity of the remaining provisions of this contractual relationship shall in no way be affected.

The Jimdo user has the possibility to change their contract from one Jimdo fee-based package to another( e.g. from JimdoBusiness to JimdoPro etc.). The user must inform Jimdo of this wish at the latest 4 weeks prior to the end of the current contract period.

Jimdo may terminate the contracts with the JimdoUser unilaterally and without stating reasons by giving at least three month’s notice. In such a case Jimdo will refund any fees paid by the User in advance on a pro rata basis.

Each party's’ extraordinary right of termination shall remain unaffected.

In particular, Jimdo is entitled to terminate the contractual relationship extraordinarily, without regard being had to the cancellation period should facts be present that justify the assumption that the Jimdo user intentionally or negligently carried out prohibited acts, such as those described in Point 6 of these terms and conditions. Furthermore such a violation or non observance of the terms and conditions can result in civil and/or criminal consequences for the Jimdo user. Partial refunds or other refunds of fees paid in advance shall generally not be refunded in such cases. The Jimdo user is entitled to provide evidence in such cases that support or verify the theory that the non refunding in that specific case is “unfair”.

After termination of the contraction relationship we are no longer obligated to provide the contracted services. We can delete all data of the Jimdo user that are located on our services, including all emails located in the relevant mailboxes. Transferring the user’s complete Jimdo, internet presence to the servicer of a third party is not possible. It is therefore the responsibility of the Jimdo user to store and backup the data in a timely fashion. Furthermore, Jimdo i.e. the Service Provider may, upon termination of the contract, have any of the Jimdo users domains which have not been transferred to a new provider deleted by the relevant registrar (“CLOSE”).

Privacy Policy and Data Protection

Jimdo shall ensure that all personal data of the Jimdo users is only collected, saved and processed as far as the provision of our services requires and is permitted by law, or as ordained by the legislator.

Where the data protection and privacy permission declaration of the user is collected within the framework of our services, said user shall be informed that they can revoke this declaration with effect for the future, at any time.

If you are an entrepreneur, organization etc. within the meaning of §14 of the German Civil Code or if personal data is being processed on your behalf by Jimdo, you may need to assess the data processing relationship(in accordance with §28 ff. of the European General Data Protection Regulation) in conjunction with your elected data protection expert and counsel, and where necessary enter into a standard agreement for contract data processing with Jimdo. In order to do so please contact Jimdo with your request via privacy@jimdo.com.

Please be aware that a service such as Jimdo with the necessary integration of many third party tools and services, is as such constantly subject to change, especially with regard to the associated processing of data. Jimdo is constantly searching for solutions in order to improve the Jimdo service for Jimdo users. In that context the details as to the processing of data via the Jimdo webpages are also subject to change. The current and relevant information regarding the purpose, type and scope of the collection, processing and use of personal data can be found at any time in our current privacy statement: https://www.jimdo.com/info/terms-of-use/
There you will find specific information as regards the cookies we use and the opt-out options.

Limitations of Liability

In cases of gross negligence or premeditation we, Jimdo shall be liable for all damages caused by us.

In cases of minor negligence we are only liable for damage resulting from death, physical injury or harm to human health.

Incidentally we are only liable insofar as we have violated an essential contractual obligation. Essential contractual obligations refers abstractly to such obligations, whose fulfillment enables the proper performance of the contract and the fulfillment of such is regularly relied upon by the user. In such cases liability is limited to the replacement of foreseeable, typically occurring damage and at a maximum is restricted to the to the equivalent amount of a yearly user fee for the jimdo site affected.

Insofar as our liability under the foregoing provisions is excluded or limited, this shall also apply to our agents.

Liability under the Product Liability Act remains unaffected.

Concluding Provisions

The laws of the Federal Republic of Germany( with the exclusion of UN international trade law) apply - as far as is legally permissible- to the legal relationship between Jimdo and the Jimdo user.

If the user is a merchant, legal body of the public law, or special property under public law, the jurisdiction for all conflicts deriving from this contract is the court of jurisdiction for the business location of Jimdo.

If individual regulations of these terms and conditions should be ineffective or become ineffective, that does not affect the legal enforcement of the remaining regulations.

In the event of any deviations resulting from the translation, the formulation of these terms of service set forth in the German version shall prevail.

Jimdo retains the right to effectively change these terms and conditions at any time, also within the current contractual relationships. The user shall be informed as to such changes at least 6 weeks before the planned date of the entry into force of such changes. If the Jimdo user does not object to these changes within 6 weeks of the receipt of this notification and continues to use the Jimdo services subsequent to the expiration of the deadline, the changes announced in the notification shall be deemed to be effectively agreed to. In the notification message we shall inform the user as to their right of objection, as well as the consequences of such an objection. In cases of objection to these changes Jimdo retains the right to terminate the contractual relationship with the user to the date of entry into force of the announced changes.

The European Union has a platform for online disputes which can be found here:https://webgate.ec.europa.eu/odr
Please be aware that we are currently not participating in this alternative, online dispute resolution platform.

Revised: