Terms Of Service
Please note: We are updating our Terms and Conditions of Service (ToS) and you will find the updated ToS below this message.
You have the right to object to the amended ToS within 6 weeks of receiving the notification in the dashboard, e.g. via sending a short email to that effect to "email@example.com".
If you do not object within 6 weeks, these new Terms will apply. In the event of an objection to this change, your Jimdo contract will be terminated in accordance with point 14.8 of the current Jimdo Terms and Conditions of Service.
We know legal texts can be complicated, so we’ve put together a summary of our Terms & Conditions of Service (TOS) for you.
Please note that the summary is just a small part of our TOS. It doesn’t replace the TOS in any way and is not legally binding.
Jimdo GmbH, Stresemannstr. 375, 22761 Hamburg, Germany (“Jimdo” or “we”) offers various online services (“Online Services” or “Service(s)”). In particular we enable users (referred to as the “User” or “you”), to create their own websites and online stores using a modular system, which are hosted by Jimdo and make use of the services arising in connection with the use of the website. We provide Users with the functionalities of the Online Services both individually and in a packaged format (each referred to as a “(Premium) Plan”). We also offer addons (individually referred to as an “Addon”) to supplement the (Premium) Plans.
The following Terms and Conditions of Service (“T&Cs”) apply to all agreements entered into between the User and Jimdo (also individually referred to as a “Party” and collectively as the “Parties”) regarding the use of the Online Services within the scope of the agreed services, (Premium) Plans and Addons (individually referred to as a “Contract”). In addition, further terms may apply to the use of individual services, (Premium) Plans and Addons which we agree with the User (“Supplementary Terms”) and, in the event of deviations, take precedence over the T&Cs.
Table of contents
- A. Terms and Conditions of Service
- B. Supplementary Terms for use of your own domain
- C. Additional Terms for the Creation of Jimdo Statistics
- D. Supplementary Terms for the use of online stores
- E. Supplementary Terms for the use of the Logo Creator
- F. Supplementary Terms for the use of Jimdo Business Listings
- G. Additional Terms for Jimdo App Integration.
- H. Additional Conditions For Jimdo Bookings
- I. Additional Terms for Jimdo Contact List
A. Terms and Conditions of Service
1. Object of the Contract
1.1 You may use the agreed (Premium) Plans and Addons as well as other agreed services (collectively and individually referred to as “Services”) on the Jimdo Online Services.
1.2 You must create a user account (“Jimdo User Account”) and accept these T&Cs in order to use the Online Services. You can order both paid and free Services and, in particular, create, manage, and edit websites (individually referred to as a “Jimdo Website”) via the Jimdo User Account.
1.3 Further details about our Services and fees for (Premium) Plans and Addons can be found in our current Pricing List. The actual scope of the (Premium) Plan depends on the individual Plan selected.
1.4 If you order multiple (Premium) Plans or Addons a separate Contract will be entered into for each Plan/Addon.
1.5 We provide our Services to both consumers and entrepreneurs. When entering into this Contract, if you are acting for purposes that are predominantly outside your trade, business or profession, then you are acting as a consumer. We only offer our Services to consumers who are at least 16 years old.
2. Conclusion of the Contract when ordering (Premium) Plans and Addons
2.1 The Contract concluded between you and us occurs solely online. You therefore must create a Jimdo User Account or log in, and select a Service, i.e. a (Premium) Plan or an Addon. By clicking on the order button you are accepting these T&Cs and making us a binding offer to conclude a Contract. 2.2 We will then send you an email in which we will confirm receipt of your order and either accept or reject your order. The Contract(s) will only be concluded once we have sent an email stating our acceptance of the offer.
3. Jimdo’s Services, changes to these Services and subcontractors
3.1 We endeavor to provide the Online Services in a manner suitable for the agreed usage with reasonable economic expenditure. It is not feasible to guarantee the uninterrupted availability of the Jimdo Websites due to technical reasons and outside influences (such as non-availability of communication networks, interruptions to the power supply, software, and hardware defects). The current status of our system can be viewed at www.jimdo-status.com.
3.2 We operate the Online Services as a standard Service for a large number of Users and provide individual Users with the Online Services in the generally available version. We reserve the right to extend Services or functions, to make changes and deletions, and implement improvements, in particular when these represent technical advances and/or are necessary, and to prevent misuse. We will only make these changes to Services provided in return for payment if these are reasonable for our Users or we are obligated to make such changes in accordance with the statutory provisions. You will not need to pay any additional costs as a result of such changes. If a change to the Online Services requires a change to the Contract, section 25 shall apply. The regulations in this section 3.2 do not apply unless we have expressly contractually agreed the provision of specific functions or content.
3.3 All of our Services that are offered free of charge, are provided “as is”. In such cases, we do not guarantee any specific functions or other features, in particular with regard to availability. Deviating from section 3.2, in the case of services offered free of charge, we may make changes to or update the Services provided to you free of charge without prior notice and without having to provide reasons.
3.4 For consumers: As a consumer you may terminate a Contract for Services that are paid for within 30 days without charge if the changes to the Online Services significantly impair your access to or the usability of the Online Services. In all other aspects the statutory guarantee rights shall apply.
3.5 For entrepreneurs: For our Services that are provided in return for payment we guarantee an average availability of 98% calculated over one calendar year, unless otherwise agreed in this Contract. The following are excluded from the availability calculation: (i) maintenance periods of up to four (4) hours per week and (ii) interruptions to availability for which we are not responsible. We endeavor to give sufficient notice of maintenance periods and to keep them as short as possible.
3.6 We are permitted to use affiliated companies and other subcontractors or Subprocessors to provide our Services.
4. Giving and receiving of declarations
To the extent we enable you to give and receive notifications or declarations within the scope of the Online Services, we are only acting as a messenger. You are responsible for ensuring that you can receive such declarations at any time. For declarations that we send via email, we will attempt to send these 3 times on the day on which these arrive on the Online Services. After this we will not make any further delivery attempts.
5. Standard sample texts
We will provide you with standard sample texts (such as the “About me” page, cookie banner text, etc.) which you may use on your Jimdo Website (“Standard Sample Texts”). You may adapt the templates for use on your Jimdo Website. Jimdo is not liable for the accuracy, completeness, and legal conformity of the Standard Sample Texts; see also section 17.1.
6. Payment terms, invoicing, and price adjustments
6.1 You are obligated to pay us the agreed price in advance and, unless otherwise agreed, for the initial contract term for us to provide the Online Services, for you to use the agreed (Premium) Plan and Addons, and for the provision of other Services by us. All prices stated include statutory VAT at the current rate.
6.2 Payment is due fourteen (14) days from receipt of the invoice, unless otherwise agreed. Jimdo will collect all payments via the payment method selected by the User. If it is not possible to automatically debit the payment the User will receive a payment link from Jimdo on the day of the extension of the Contract. Payment must be made for the new contract term using this link within 14 days. The validity period for any discounts granted will also start from this point in time. If Services have been made cheaper on the basis of an agreed discount, this relates to the Services described as discounted during the ordering process with Jimdo and, unless otherwise stated, relates to the first contractual period of the contract term. Subsequent extensions of the contract term will not be charged at the discounted price.
6.3 The payment reference provided by Jimdo shall be provided when paying by bank transfer. If the User transfers the payment using a different payment reference they shall inform Jimdo of this without delay and provide Jimdo with proof of payment. This proof must contain the following data in full and be decipherable: The bank details (IBAN) of the account that sent the payment, the name of the account holder, the payment date, the amount, the payment reference, and the bank details (IBAN) of the recipient. The Jimdo User is obligated to provide proof of payment.
6.4 Jimdo is entitled to, in whole or in part, block access to the Online Services and/or to suspend the provision of Services under the Contract if the User has defaulted on fulfilling their payment obligations under this Contract, in whole or in part, by more than thirty (30) days. In this case Jimdo is furthermore entitled to have the domain of the Jimdo User deleted (“CLOSE”) at the respective registry and to( including any emails in the mail boxes). Jimdo does not assume any liability for interruptions, losses or loss of sales that are caused by the page being blocked due to incorrect or late payment, provided the user is responsible for such incorrect or late payment.
6.5 Chargebacks: If a payment is subject to a chargeback on behalf of the User, Jimdo reserves the right to block the corresponding Jimdo Account and to terminate the associated Contract(s). Renewed use of the Jimdo Online Services is only possible after all outstanding debts have been paid. Fees incurred by Jimdo as a result of a chargeback, refusal of payment or commencement of a dispute may be invoiced to the Jimdo User.
6.6 We may change the prices of our Services with future effect provided the equivalence relationship between performance and consideration does not change as a result. This, in particular, is the case if our costs on which the price calculations are based for the provision of our Services change or we change the scope of the Services (such as higher costs for hosting, providing new functions). Changes will come into effect from the beginning of the next contractual period for existing contracts for Services provided in return for payment. We will notify you of these changes at least six (6) weeks before they come into effect. If you do not object to this notification within six (6) weeks of receipt and continue to use our Services after expiry of this objection period the changes will be deemed to have been accepted from the expiry of the objection period. You will be advised of your right to object and the consequences of objection when we notify you of the changes.
6.7 For entrepreneurs domiciled outside of the EU: You must enter a valid VAT number when ordering a (Premium) Plan in order to obtain an invoice from us which does not show VAT. In this case you yourself are responsible for the taxation of the Services with VAT. You will receive a corresponding net invoice which states “Tax liability of the service recipient” [reverse charge procedure]. Users domiciled outside of Germany and the EU will receive a net invoice.
7. System requirements, domains, adhering to the applicable law, and Community Standards
7.1 There are certain system requirements which must be met to be able to use the Services, in particular, use of one of the world's most commonly used browsers (such as Google Chrome or Mozilla Firefox) and operating systems (iOS or Android) in their current and previous versions.
7.2 You may select an available subdomain to publish your Jimdo Website on. You are not entitled to forward an externally hosted domain to a free Jimdo Website or to display the free Jimdo Website on an external website (for example by using a frame or an iframe).
7.3 When using the Online Services and other Services you are obligated:
to adhere to all applicable laws, including child protection law, product liability law, product safety law, e-commerce law (in particular, statutory obligations for operator identification), competition law, data protection law (in particular the applicable General Data Protection Regulation (EU) 2016/679 (“GDPR”)) and tax law, as well as to obtain and maintain all required consents, permissions, and approvals at your own expense;
to adhere to the provisions of our Community Standards in their currently valid version and to not use any content, in particular text, graphics, images, photos, domain names, information, Terms and Conditions of Service and/or Privacy Policies in conjunction with the Services the use of which is not in line with our Community Standards;
to always provide truthful and complete personal data when registering for the Online Services and to always keep this updated. We reserve the right to request that you provide suitable proof of identification;
to update us without delay in the event that you become aware of circumstances and, in particular, of incidents which mean that you may not be able to fulfill the obligations set out above in section 7.3 (“Incidents”). At our request and to the extent possible and reasonable you will help us to rectify the Incidents through suitable measures;
and you will appoint a natural person as a point of contact for us.
7.4 We are not obligated to check your Jimdo Website for any legal violations.
8. Connecting to social media platforms
8.1 To the extent we are able to offer you the technical possibility of connecting the Jimdo Website with an account on a social media platform (hereinafter referred to as a “Social Media Account”), you may access content that is stored in your Social Media Account and directly store this in your image library on the Online Services and/or use it on your Jimdo Website.
8.2 On connecting to a Social Media Account you are commissioning us to search for the relevant publicly available data which is connected to your Social Media Account. We then search for publicly available information which is likely relevant to you using an interface to the social media platform(s) and make this available to you to integrate into the Jimdo Website. Section 14 shall apply accordingly.
9. Backing up data
We create regular security backups on our web server. Individual Jimdo Websites and/or content cannot be restored from this backup. You should therefore create your own regular backups of all content on your Jimdo Websites in order to avoid losses resulting from loss of data. This applies, in particular, to data about products and sales. We have put together more information in this help article.
10. Integrating third party services
10.1 In the administration area of your account you can select services, products, and tools from selected external service providers at your own risk and connect/integrate them with your Jimdo Website (“Third Party Services”).
10.2 Jimdo may refuse to connect corresponding Third Party Services to a Jimdo Website if this is contrary to the legitimate interests of Jimdo or the provider of the Third Party Service.
10.3 Unless expressly agreed to the contrary, a contractual relationship will come into force regarding the use of the Third Party Services between yourself and the provider of the Third Party Service provider. In particular, we are not liable in connection with Third Party Services for:
a) the proper service provision of the Third Party Service;
b) the compatibility of the Third Party Service with the Online Services/the Jimdo Website;
c) the contractual relationship between the User and the provider of the Third Party Services;
10.4 We will endeavor to design the Online Services in a manner which allows you to choose to integrate Third Party Services with the Online Services. However, we reserve the right to change the selection of Third Party Services that are available. We will inform you as early as possible of any changes. Section 3.2 shall apply accordingly.
11. Our advertising activities
11.1 If you use a free plan we are entitled to show advertising at our own discretion for products and Services of Jimdo or of third parties on your Jimdo Website. We will not owe you any remuneration for this. You may not edit, remove or conceal ads that have been placed. We will indemnify you against any losses resulting from showing ads on the Jimdo Website.
11.2 We are entitled to design the administration area (for example the Dashboard or CMS) at our own discretion. We are, in particular, entitled to show product-related ads and other commercial or sponsored content in the administration area which we consider at our discretion to be valuable or useful to you when creating, designing, and maintaining your Jimdo Website.
12. Data analysis for quality assurance and the further development and offering of our products
12.1 We reserve the right to collect and statistically evaluate data from you about the functions and usage of the Online Services (such as visitor data for individual Jimdo pages, number of subpages created, etc.) for quality assurance purposes and to further develop our products and Services. We use the data obtained from here for our own purposes, in particular, to rectify errors, and to improve user-friendliness and the use of the Online Services.
12.2 We are also entitled to statistically evaluate, purely company-related data from your use of the Jimdo Online Services (such as the number of visitors to your website in a certain timeframe, sector, number of completed and non-completed orders, categories of goods/services offered, recipient countries for cross-border sales), to develop Jimdo products and to improve the processing of our individual offers.
13. Intellectual property
13.1 We grant you a non-exclusive, non-transferable, non-sublicensable right to use our design templates (such as images, text, layout, fonts) that we have made available to you to integrate into your Jimdo Website on your Jimdo Website (“Jimdo content”). You are not permitted to use the Jimdo content outside your Jimdo Website, for example in print media or on other online platforms. Section 14 shall apply to Third Party Content facilitated by us.
13.2 You grant Jimdo and our subcontractors the non-exclusive, transferable, global, sublicensable, and fee-free right to use content made available in conjunction with the Online Services, from you or third parties whom you have allowed to use the Online Services, including designs, text, graphics, images, photos, software code, Terms of Service, Privacy Policies, and identifiers, in particular logos and the representation of your website or online store (collectively referred to as “User Content”) for the purpose of fulfilling obligations arising from the Contract, operating the Online Services, marketing, in particular online, search engine, and social media marketing, and to fulfill statutory obligations and orders from the authorities in a suitable manner towards other Jimdo Users or to publicly refer to it (such as with regard to an online store recommendation or search function). The copyright holder of the User Content waives their right to be identified as the author, however Jimdo may mention them by name at Jimdo’s discretion. We reserve the right to only publish User Content on the Jimdo Website when you have provided us with suitable proof of your authorization to use the User Content on your Jimdo Website.
14. Suggested third party content
14.1 The following applies if we have suggested that you use content published by third parties (such as links, stock images, etc.) on or in conjunction with your Jimdo Website (“Third Party Content”):
- a) When selecting content we use services, technology, external services, and stock photography agencies to make our suggestions for your Jimdo Website based on their automatic algorithms and technology.
- b) We endeavor to provide you with the relevant sources and/or photo information for the Third Party Content. However, we do not assume any responsibility or liability for the accuracy or reliability of the information and the Third Party Content provided.
- c) It is solely your responsibility to carefully check all Third Party Content suggested by us (or by our subcontractors) before publishing it on your Jimdo Website. Section 7.5 shall also apply accordingly to Third Party Content.
15. Term, termination, and changing (Premium) Plans
15.1 The contract term is the term of the (Premium) Plan.
15.2 For entrepreneurs: Unless otherwise stipulated in the description of Services, the Contract will be extended by the initial contract term if the Contract is not terminated one (1) month before the end of the respective term. We will separately advise the User of the extension of the Contract by email no later than six (6) weeks before the extension of the Contract.
15.3 For consumers: A Contract concluded from March 1, 2022 will automatically be extended after expiry of the originally agreed term, if the Contract is not terminated one (1) month before the end of the respective term, for an unspecified period of time. You may terminate the Contract after the end of the initial term at any time by giving a notice period of one month. A Contract concluded up until February 28, 2022 will be extended by the originally agreed period of time if the Contract is not terminated one month before the end of the respective contract term. You will be separately informed of the extension of the Contract by email no later than six (6) weeks before the date of the extension of the Contract. The contract extension is deemed to be agreed if you have not objected in good time to the extension or you have not given notice to terminate the Contract in good time. In this notification we will once again inform you of your termination and objection rights, the applicable time periods for these and the effect of exercising your termination/objection rights.
15.4 The individual (Premium) Plans and Addons are independent Services. When combining an Addon with a (Premium) Plan, the contract term and the calculation terms of the Addon correspond to the contract term and the calculation terms of the Contract in connection with which you are using the Addon.
15.5 You may terminate your Contract with us online by using the cancellatoin button on the Jimdo website, in the settings of your Jimdo Website, or by writing to us to inform us of your decision (for example, by sending us an email). If giving notice of cancellation by email this must come from the email address registered as your contact address. In the event of canceling the Contract for a (Premium) Plan for Services provided in return for payment we will maintain your Jimdo Website as a free Plan. You may delete this (free) Jimdo Website at any time in accordance with section 20.4.
15.6 At the time of a contract extension you are entitled to change to a lower level (Premium) Plan by making a declaration to us. You must inform us of this no later than one (1) month before the end of the contract term to ensure the continued provision of Services without interruption.
15.7 Jimdo is entitled to terminate the contractual relationship at any time without having to give reasons giving a notice period of twelve (12) weeks. Any advance payments will be reimbursed to the User on a pro rata basis.
15.8 The right of termination for good cause pursuant to section 314 German Civil Code (BGB) without providing notice shall remain unaffected by the foregoing. Grounds for termination for cause include all circumstances where we are entitled to block the User’s access to the Online Services, in whole or in part, or to suspend performance of the Services, for example where Jimdo’s reputation is damaged by way of an infringement of an obligation arising from the Contract by the User or an infringement of the Community Standards. The right to claim damages remains unaffected by termination.
16. Deletion of data after the end of the Contract
You are responsible for backing up your data during the contract term and after the end of the Contract. We are entitled to irrevocably delete all the data relating to your Jimdo Website/account no later than 4 weeks after the end of the Contract.
17.1 We exclude all liability for Standard Sample Texts that we have provided without charge and independently of a particular (Premium) Plan or Addon.
17.2 Jimdo is not liable for simple negligence in conjunction with providing the Online Services and other Services, unless this relates to the infringement of contractual obligations, the performance of which actually enables the proper implementation of the contract and the observance of which you as the User expect and are entitled to expect (cardinal obligations). In this case our liability is restricted to those losses that were foreseeable when the Contract was concluded and are typical for the Contract.
17.3 For entrepreneurs: All claims for damages against us arising from or in connection with the Contract lapse after a maximum of one (1) year.
17.4 The exclusion and restrictions on liability in sections 17.1 - 17.3 do not apply, (i) unless liability cannot be restricted or excluded in accordance with the law, in particular, with regard to the German Product Liability Act (Produkthaftungsgesetz), (ii) in the event of intentional acts or omissions, or gross negligence, (iii) in the event of losses caused by injury to body, life or health, (iv) in the event of fraud and (v) in the event of non-adherence to an agreed warranty.
17.5 None of Jimdo’s obligations under this Contract give rise to any assured characteristics or other form of warranty. We exclude claims for strict liability for existing defects present upon conclusion of the Contract.
17.6 All the exclusions and restrictions on liability in this section 17 also apply to the benefit of affiliated companies, members of the board, directors, employees, holders of power of attorney, sub-suppliers, subcontractors, and other auxiliary persons of Jimdo.
18. For entrepreneurs: Indemnification
18.1 As an entrepreneur you hereby indemnify Jimdo, affiliated companies, and subcontractors of Jimdo against all claims, losses, and costs (including procedural costs and legal fees, plus the cost of expert witnesses) which have been asserted arising from or in conjunction with an actual or alleged violation by yourself or a person you have allowed to use the Services, in particular against the provisions of sections 7.3 - 7.6.
18.2 The indemnification obligation as per this section 18.1 does not apply if Jimdo or a third party is responsible for the claims, losses, and/or costs that have arisen.
19. Responsibility and representation
19.1 You are responsible to Jimdo for all actions of and omissions by employees, third parties acting on your behalf and third parties you have allowed to use the Services to the same extent as you would be for your own actions. In particular, you are fully responsible for ensuring that third parties whom you have allowed to use the Services adhere to all provisions of this Contract in full; in order to allow third parties including affiliated companies to use the Services of Jimdo the express consent of Jimdo is required.
19.2 You are responsible for ensuring that all persons whom you allow to use the Online Services are permitted within the scope of the usage and access rights granted to you, including giving legally relevant declarations.
20. Erasure and blocking of content and data, and other defensive measures
20.1 Jimdo is entitled to erase and/or block access to content that has been made available in conjunction with the Online Services by you or by third parties which you have allowed to use the Online Services, where and to the extent the content does not meet the requirements of this Contract, in particular sections 7.3 - 7.6 at Jimdo’s reasonable discretion.
20.2 Jimdo is furthermore entitled to, in whole or in part, block your access to the Online Services and/or to suspend the provision of Services under the Contract if you have defaulted on fulfilling your payment obligations under this Contract, in whole or in part, by more than thirty (30) days or you have infringed your obligations arising from the Contract in a substantial manner or if such blocking is required in accordance with the law. In this case Jimdo is furthermore entitled to have the domain of the Jimdo User deleted (“CLOSE”) at the respective registry.
20.3 If you only make use of free of charge Services from us we are entitled to irrevocably erase your account and any Jimdo Websites and the content contained thereon if you do not log in to your account for a period of 180 days. This shall not affect the provisions of section 15.8.
20.4 We are entitled to take all defensive measures which are required to prevent a security breach on Jimdo Websites and an interruption of the Online Services. This applies, in particular, if there is a risk of customer information being disclosed without authorization. You are obligated to give us your full support with the defensive measures to the best of your knowledge.
21.1 We agree that we will primarily only communicate electronically. Unless expressly agreed to the contrary, we may send contractual information by email or display it on the dashboard at our discretion.
21.2 "Electronic communication” means the transmission of all legally relevant declarations regarding this Contract (such as notifications regarding the execution of the Contract, price amendments, and contractual amendments), documents including invoices, and other notifications (collectively referred to as "Documents”) by email or via the password-protected Jimdo User Account. Documents will not be sent by post. We reserve the right to send Documents by post on an individual basis, for example when more stringent requirements than electronic communication are prescribed by the statutory provisions.
22. For consumers: Withdrawal of consent
As a consumer you have a right of withdrawal when you order a (Premium) Plan or an Addon. The Cancellation Policy and the sample Cancellation Form can be found here.
23. For entrepreneurs: Right of revocation
23.1 If you are an entrepreneur you also have the right to revoke the conclusion of a Contract for a (Premium) Plan or an Addon without having to give a reason within 14 days of the date the Contract was concluded.
23.2 Revoking a Contract with us for the provision of the Online Services has no effect on the Domain Registration and Management Agreement which was concluded with the registry (cf. the Supplementary Terms for use of your own domain). The entrepreneur can therefore not withdraw from the order placed with us for the registration of a domain. If we incurred expenses in registering the domain (such as registration fees), the User is obligated to reimburse us for these. In this case the User may then commission us to transfer the domain(s) and associated email accounts to another provider; in this case section 4.3 of the Supplementary Terms for use of your own domain shall apply accordingly.
24. Data protection and data processing
24.2 If we process personal data on your behalf in accordance with Art. 28 GDPR the following Data Processing Agreement (DPA)applies.
25 Changes to the Terms of Service
25.1 Jimdo is entitled to make changes to these T&Cs and Supplementary Terms at any time. Changes may be required due to changes to the applicable law or implementing the further development of contractually agreed Services, provided these changes do not shift the previously agreed performance and consideration ratio too significantly to the benefit of Jimdo. We will inform you of changes to the contractual terms with a minimum notice period of thirty (30) days before they come into effect. The notification may be sent by email or can be downloaded from the downloads section of the log-in area (dashboard).
25.2 The changes to the contractual terms will come into effect if you do not object to them in writing within the period of time stated in the notification (for example by sending us an email or via the linked contact form) and you continue to use the Online Services after the expiry of the notification period. We will make you aware of these consequences separately in the notification. Other rights of termination of the parties remain unaffected.
26. Final provisions
26.1 Should one or more provisions of the Contract be or become invalid or unenforceable, this shall not affect the validity of the remaining regulations of the Contract.
26.2 German law shall be solely applicable to contracts been yourself and us \ excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, the mandatory consumer law provisions of the country in which you are habitually resident apply, regardless of the choice of law (in particular with regard to concluding the Contract and warranty rights). For entrepreneurs: Your T&Cs will not be incorporated into this Contract unless we have expressly agreed in writing to their applicability.
26.3 For entrepreneurs: Hamburg, Germany, is (i) the place of sole jurisdiction over all disputes arising from or in conjunction with this Contract and/or with regard to the validity of this Contract, and (ii) the place of performance for all performances of the Parties arising from or in conjunction with this Contract.
26.4 The Parties conclude this Contract in the English language. In the event of deviations on the interpretation of the Contract arising from the translation, the provisions of the German-language Contract shall apply.
26.5 For consumers: The EU Commission provides consumers with a platform for resolving consumer disputes online at: https://ec.europa.eu/consumers/odr/. We are not prepared or obligated to take part in dispute resolution procedures before a consumer conciliation body.
B. Supplementary Terms for use of your own domain
If you use your own domain the following Supplementary Terms apply in addition to the T&Cs.
1. Registering a domain
1.1 We offer our Users the opportunity to register their own domain for the Jimdo Website as an Addon. Various top-level domains (such as .de and .com) are managed by different organizations (individually referred to as a “Registry”). Each Registry has individual terms for registering and managing domains which apply to the relationship between the Registry and the User as the holder of the domain; for .de domains these are the DENIC Domain Terms & Conditions and the DENIC Domain Guidelines of DENIC e.G. Only an accredited registrar (“Registrar”) with whom Jimdo cooperates can apply for a domain to be registered with a Registry.
1.2 To use your own domain you must commission us by way of an agency agreement to apply for this domain in your name. As your agent we will then apply to the Registry for the domain using a Registrar we have commissioned. We are entitled to work together with a Registrar of our choice to fulfill the Contract.
1.3 The Contract to provide you with your own domain name will always come into force directly between the Registry and yourself (“Domain Registration and Management Agreement”) and the domain will be registered in the name stipulated by you. We will manage the domain on your behalf.
1.4 You will pay the costs of registering the domain unless we have expressly stated that we will bear these costs.
1.5 We are entitled to apply for the domain for you only after payment of the agreed fees has been made.
1.6 Registering the domain is an automated procedure where we forward your data to the respective Registry. In some cases verification by email is required. We have no influence over the assignment of the domain by the respective Registry and assume no liability that the domain applied for on your behalf will be granted and/or that the granted domain will be free of third party rights or will continue to exist in the future.
1.7 Registration may not be possible despite the domain being indicated as being available when checked electronically before the Contract was entered into. The Registry may decline the registration in accordance with their Terms and Conditions. The domain is only assigned through the registration of the domain by the Registry and entry into the Registry’s database.
1.8 If the domain applied for has already been allocated elsewhere by the Registry by the time the application is forwarded you may choose another domain name.
1.9 You cannot change the domain name after it has been applied for via registration with the Registry.
2. Your rights and obligations
2.1 You are obligated to:
provide all documents that are requested by the respective Registry when applying for a domain (such as evidence of the company name/trademark);
only provide us with correct and complete information (such as information about the domain name holder (“Owner-C”) and the administrative contact (“Admin-C”) plus contact data). If this information changes you must inform us of this without delay;
ensure that the domain applied for does not infringe any third party rights or violate the applicable law;
inform us without delay if you lose the rights to one of your registered domains, in particular if you have relinquished the domain to the Registry or the Registrar.
2.2 If the Registry terminates the Domain Registration and Management Agreement you have no claim against us to apply for a replacement domain.
2.3 For consumers: We will commence performing our Services to register the domain as soon as you have confirmed your agreement. In this case your right of withdrawal lapses as soon as we have provided the Service in full (i.e. upon submitting the registration to the Registry). If we have commenced performing the Service but have not finished performing the Service in full before the right of withdrawal is exercised, you must pay us a reasonable amount which corresponds to the proportion of the Services that had already been performed before the time the right of withdrawal was exercised in comparison to the entire scope of the Services stipulated in the Contract.
3. Changing the domain used for a Jimdo Website and domain transfer
3.1 You can change the domain you use for the Jimdo Website at any time, for example by commissioning us to apply for a new domain for the Jimdo Website.
3.2 You can also decide to have your domain managed by another provider (Registrar or reseller). To do so you must submit a request to change provider. We will then initiate the transfer of the domain for you and make all necessary declarations to the Registry. We will provide you/your future domain provider with the transfer code (auth code). The transfer of a domain has no effect on the remainder of your Contract with us.
3.3 For consumers: It is only possible to transfer the domain after the expiry of the statutory withdrawal period.
4. Terminating the Domain Registration and Management Agreement and changing provider
4.1 If you wish to terminate the Domain Registration and Management Agreement with the Registrar you must give us written notice of this. We will then give notice of the termination to the Registrar in your name.
4.2 If you have terminated the Domain Registration and Management Agreement with the Registry as per section 4.1 or if the Registry terminates the Domain Registration and Management Agreement we will then request that you select a new domain for your Jimdo Website before the end of the Domain Registration and Management Agreement. If you do not comply with this request in good time we are entitled to suspend our Services until you have selected another usable domain.
4.3 If the Contract between us and you for the agreed Online Services is terminated you must commission a change of provider with us in good time, no later than one (1) week before the end of this Contract, so that the domain(s) can continue to be used after the end of the Contract. If the User does not commission a change of provider in good time the Registry will irrevocably delete the domain, as well as the associated e-mail accounts (including the e-mails in the mailboxes).
5. Domain deletion by Jimdo
If you infringe sections 2.1, 2.2 and 2.3 of these Supplementary Terms we are entitled to terminate the agency agreement with you regarding the application and management of the domain and to request the deletion of the domain from the Registry. This includes deleting the associated email accounts (including emails in the mailboxes).
6. Format of declarations
All declarations, in particular declarations to terminate and delete domains must be made in writing or may, to the extent that this is offered in the administration area, be made there by the User or submitted electronically to Jimdo via the cancellation button on the Jimdo.com website.
C. Additional Terms for the Creation of Jimdo Statistics
If the use of Jimdo Statistics is agreed the following Supplementary Terms apply in addition to the T&Cs:
1.1 We offer Users Jimdo's own analysis tool (“Jimdo Statistics”) which can be used by the User for the statistical evaluation of the use of their Jimdo Website by website visitors.
1.2 The User may deactivate and activate Jimdo Statistics in the dashboard at any time.
1.3 Jimdo Statistics works without using cookies or similar technology and no information is accessed from or stored on the device of the visitor to the Jimdo Website. The data relating to visitors to your website is automatically collected when they visit the website, and is then aggregated and shown accordingly on the dashboard for the User to evaluate.
1.4 The data collected is truncated, stored as a hash value, and also encrypted with a random value (salt) that changes every 24 hours. This means that no conclusions can be drawn about the identity of individual visitors to the website. This data is also not combined with the processed data.
1.5 Data from the visitors to the website is processed using Jimdo Statistics on the basis of the User’s legitimate interest as per Art. 6 (1) (f) GDPR in accordance with data protection law. This legitimate interest arises from the collection of relevant information about the usage of the website to optimize their Services. Jimdo processes the data collected for the User on the basis of a Data Processing Agreement (DPA).
D. Supplementary Terms for the use of online stores
If the use of the online store (Premium) Plan is agreed, the following Supplementary Terms apply in addition to the T&Cs:
1.1 As the technical service provider of the Online Services we provide you with an online store (the (Premium) Plan is described as the “Online Store”). You are solely reliable for the design and operation of your Online Store as well as for the fulfillment of all legal requirements and those in conjunction with the created website.
1.3 No contractual or performance relationship comes into force between us and your shop visitors or customers through using the Online Store or the products and we assume no responsibility of any kind for the provision of Services to or through customers and in particular, not for the provision of the Online Store or items offered on the Online Store as well as for declarations or other actions made by yourself or your customers.
1.4 Your obligation to indemnify us as per section 18 of the T&Cs also includes claims, losses, and costs which have been asserted/arise in conjunction with the following circumstances: Claims from customers or third parties which are asserted arising from or in conjunction with the provision of the Online Store and/or the purchase or use of the items you offer in the Online Store, subject to the proviso that any of your rights of recourse against us remain unaffected.
1.5 You acknowledge that the Online Store is not suitable for the sale of digital products and digital services (such as apps, ebooks, digital publications, PDFs, computer programs, software, software-as-a-service, online games, etc.) and was designed for sales from entrepreneurs to consumers (B2C). Sales to entrepreneurs (B2B) are not supported by Jimdo.
1.6 You acknowledge that the Online Store does not fulfill the requirements of the principles for properly maintaining and storing books, records, and documents in electronic form and for data access (GoBD) and that you cannot produce any invoices, receipts or other fiscal documentation using the Online Store.
1.7 You are solely responsible for storing data in accordance with the statutory requirements, in particular commercial and fiscal law.
1.8 If you offer goods or services which come under the German Youth Protection Act (Jugendschutzgesetz, JuSchG) we recommend you contact a specialist lawyer or expert. The Online Store, in particular, does not fulfill all the requirements for selling the following items online:
a) films or computer games without an age classification as per section 14 JuSchG;
b) alcoholic beverages, tobacco products and other products containing nicotine;
c) products that contain cannabidiol (CBD); and
d) other adult content which is regulated in the German Youth Protection Act.
1.9 We do not recommend selling products or services in the Online Store that are heavily regulated. We assume no liability as to whether the Online Store fulfills the legal requirements to sell certain products and services.
E. Supplementary Terms for the use of the Logo Creator
If use of the Logo Creator is agreed the following Supplementary Terms apply in addition to the T&Cs:
1.1 The Logo Creator provides you with certain symbols/icons (“Symbols”), fonts, colors, and other design elements (collectively with the Symbols or individually referred to as “Design Elements”) which you can use to create and customize your own logo in a modular system.
1.2 The Symbols are made available by us or a third-party provider (such as Noun Project) where the Symbols are obtained from the respective copyright holders.
1.3 We may offer different versions of the Logo Creator. All free logos which are created on the Jimdo platform using the Logo Creator will be made available in a standard format in the dashboard of the Jimdo account and can be downloaded from the Jimdo account.
1.4 We reserve the right to discontinue the free usage of the Logo Creator at our own discretion with future effect or to offer the Logo Creator as a chargeable Service in the future.
1.5 We are not obligated to assess the logos created with the Logo Creator for potential legal infringements. We have the right (but are not obligated) to reject or remove content created using the Logo Creator from our websites at our own discretion.
1.6 You must observe the necessary due diligence when using the Logo Creator. In particular, you are obligated to regularly back up your data, especially your created logo, so that you can restore it in the event of loss or the justified blocking of your Jimdo User Account. We are not liable for the loss of data, unless this was caused by our gross negligence or intentional act or omission.
1.7 You are prohibited from carrying out any action with the logo or Design Elements created via Logo Creator which breaches these Supplemental Terms or the Community Standards and/or applicable law and/or infringes the rights of third parties. When creating and using your own content in conjunction with creating and using the logo you undertake to observe the applicable laws (such as criminal law, anti-competition law, and the law regarding the protection of minors) and not to infringe the rights of third parties (such as rights relating to the use of a name, trademark rights, copyright, and data protection rights).
1.8 We may block or terminate access to use of the Logo Creator at any time and at our own discretion if there are specific indications that you have breached these Supplemental Terms, the Community Standards and/or have broken the law. The legitimate interests of all parties involved will be appropriately taken into consideration when deciding on blocking an account.
1.9 Upon request by us, you shall provide us with appropriate proof of identity and/or proof of rights and licenses to use the intellectual property used/created by you on or with Logo Creator.
1.10 We hereby grant you a perpetual, non-exclusive, irrevocable, and non-transferable worldwide license to use the logo created on the Jimdo platform to represent and advertise your private, entrepreneurial, and/or commercial activities. This comprises the right to publish, disseminate and reproduce and the right to make available to the public for this purpose. This does not include the right to adapt and transform the logo (section 23 German Copyright Act, UrhG).
1.11 The individual Design Elements of the logo provided by us or our contractual partners are not covered by the license granted. You are, in particular, not entitled to use or exploit individual or multiple Design Elements or a part of a Design Element separately from the logo. All other rights to and regarding the logo, including, but not limited to all copyright and other rights to intellectual property with regard to the logo, are retained by us and/or our contributors.
1.12 The granting of the rights of use granted in section 1.10 for the created logo is restricted for use in connection with an item for resale up to a maximum number of 100 (one hundred) times for each license obtained. An item for resale is any material good where the fundamental value of the product results from the Symbol used (such as merchandising items).
1.13 We waive our right to be identified as the author of the work as per section 13 UrhG.
1.14 We will endeavor to but are not obligated to improve and develop the Logo Creator. We reserve the right to make new functions available, with or without charge, and/or to cease providing free of charge functions, and to change, extend, and update the Logo Creator/the associated Services at our discretion after appropriately notifying the User. We reserve the right to do so, in particular when the changes represent technical advances, and/or to improve a certain user experience provided by us, and/or are necessary, and/or to prevent misuse. Moreover section 25 of the T&Cs shall apply.
F. Supplementary Terms for the use of Jimdo Business Listings
1.1 We offer the “Jimdo Business Listings” Addon as a part of a (Premium) Plan or as an individual additional Service and reserve the right to offer this Addon free of charge or as a Service in return for payment. Jimdo Business Listings is a Service for digital location-based marketing. If you order Jimdo Business Listings you can publish information about a company such as company name, address, contact details, photos, logos, and other content (collectively referred to as “Company Location Data”) on various online systems and GPS systems (such as Facebook, Google Maps) (individually referred to as a “Listing Partner”), and check, and if need be update, existing published information.
1.2 We use Uberall GmbH with its registered office at Hussitenstraße 32-33, 13355 Berlin, Germany as a subcontractor (“Technical Service Provider”) for Jimdo Business Listings.
1.3 In submitting Company Location Data, as well as in using Jimdo Business Listings and confirming these Supplementary Terms you are consenting to the publication of the Company Location Data by the Listing Partners.
1.4 We are entitled to verify the Company Location Data submitted by you (such as by post, or telephone via entering a PIN, or platform verification/log-in, etc.) before these may be published by the Listing Partners. For this purpose we reserve the right, in particular when requested by one of the Listing Partners, to only publish these when (i) you have provided evidence of your business identity plus evidence of your authorization to act for the company or (ii) you have logged in to the platform of the Listing Partner using your business account to finalize the verification of the Company Location Data (these and any further measures required measures are referred to as “Verification Measures”). You acknowledge and confirm that you agree to carry out the Verification Measures in order to be able to use the Jimdo Business Listings to their full extent.
1.5 We will transfer Company Location Data to the Technical Service Provider and a user account will be set up for you with the Technical Service Provider. The Technical Service Provider will not open an additional account for you if you already have a user account with them and will request that you select an account to use with Jimdo Business Listings. We will inform you of these measures.
1.6 We will make commercially reasonable efforts to automatically provide the Company Location Data to the various Listing Partners for the purpose of publication. Publishing the Company Location Data can take up to three (3) months, especially for the GPS Listing Partners/platforms (such as TomTom, Cylex, etc.).
1.7 We reserve the right to offer additional statistics and tips relating to your Company Location Data in the administration area but we are not obligated to do so. Statistics (such as click rates, page views, etc.) come from completely anonymized data which is collected directly by each Listing Partner from their platform at their own discretion, plus is transmitted to Jimdo to be shown in the administration area after being determined by the Technical Service Provider. The additional statistics, where available, cannot be (individually) deactivated. Jimdo/the Technical Service Provider exercises the utmost care when developing, evaluating, and providing the statistics and tips. All the information, statistics, and tips presented and included are provided without any express or implied warranty. We do not assume any responsibility or liability for the accuracy, completeness, lawfulness, and reliability of the statistics and tips. Likewise no warranty for the suitability of this information for the User's particular circumstances is provided.
2. Listing Partners
2.1 The current list of directory partners with whom we cooperate can be viewed at any time in the "Jimdo Business Listings" section of the administration area. Notwithstanding the rights to change the service under Section 3.2 of the GTC, we are entitled to change the directory partners in exceptional cases for which we are not responsible (such as the insolvency of the directory partner, etc.).
2.2 We do not guarantee the availability of the company location data in the systems and services of the directory partners. The directory partners are not subcontractors of us and are not subject to our instructions. There is no claim to the publication of the Company Location Data by a particular Directory Partner.
2.3 You acknowledge that for reasons beyond our control the publication of the Company Location Data cannot take place, in particular in case of
a) Space limitations in the directory,
b) incompatibility of the company location data with the technical application (systems) of the directory partners,
c) Use of other sources for searching the enterprise location data by the directory partners,
d) publishing and update cycles of the Directory Partner; and
e) impossibility for us to assign specific locations to a site.
2.4 In these cases, we will only be liable if you prove that Jimdo is responsible for the above reasons. Section 17 of the GTC remains unaffected.
3 Intellectual Property
3.1 In addition to the granting of rights to the Company Location Data as per section 13.2 of the T&Cs you also grant us a perpetual license to the Company Location Data for the following purposes:
a) to combine, modify and/or enrich the Company Location Data with the data held by the Technical Service Provider or their affiliates;
b) to use the Company Location Data internally within the database of the Technical Service Provider;
c) to add the Company Location Data to the database of the Technical Service Provider;
d) to sell, disseminate, promote, and advertise products which contain Company Location Data;
e) to distribute the Company Location Data and/or derivative works thereof to each Listing Partner (directly or via a distribution chain);
f) for the Company Location Data to be used by customers of the Listing Partner.
3.2 If you erase or change the Company Location Data on the Online Services this has no influence over the right we were granted to use the Company Location Data as per this section 3 up until this point in time.
4 Your general obligations
4.1 You shall provide us with all the documents, information, and material required for Jimdo Business Listings in good time. You shall ensure that the Company Location Data and other documents and materials that you have provided us with are complete and correct. Furthermore section 7.5 of the T&Cs specifically also applies to Company Location Data. You shall enter the Company Location Data in the “Jimdo Business Listings” header in the administration area of the Jimdo Website. Jimdo is entitled to alter the format of the entries in accordance with section 3.2 of the T&Cs. You acknowledge that individual Listing Partners may not be able to support certain formats and/or publish certain information in full in the format transmitted for technical reasons.
4.2 You shall enter the Company Location Data in the “Jimdo Business Listings” header in the administration area of the Jimdo Website. Jimdo is entitled to alter the format of the entries in accordance with section 3.2 of the T&Cs. You acknowledge that individual Listing Partners may not be able to support certain formats and/or publish certain information in full in the format transmitted for technical reasons.
4.3 Support requests may only be directed to us via the usual support channels: https://support.jimdo.com/contact/.
5.1 Your obligation to indemnify us as per section 18 of the T&Cs also includes claims, losses, and costs which have been asserted/arise in conjunction with the following circumstances: Claims which are asserted against us or the Technical Service Provider by third parties arising from or in conjunction with the use of Company Location Data subject to the proviso that any of your rights of recourse against us remain unaffected.
5.2 If such a claim is asserted against you, Jimdo, the Technical Service Provider, and/or a Listing Partner, or if you are aware that the Company Location Data may infringe the intellectual property rights of third parties, you are obligated as soon as you become aware of this at your own expense to (i) obtain a license to the Company Location Data as per section 3.1 of these Supplementary Terms, or to (ii) erase, replace or alter the Company Location Data so that it no longer infringes any rights of third parties.
6 Erasure and blocking
6.1 Without prejudice to the right to erasure and blocking in section 20 of the T&Cs, we are entitled to erase and/or block your access to the Company Location Data, where and to the extent that, at our reasonable discretion, the Company Location Data does not fulfill the requirements of section 3.1 of these Supplementary Terms and/or sections 7.3, 7.4, 7.5, 7.6, 7.8 and 7.9 of the T&Cs. If we become aware of such an infringement we will inform you of this by email within three (3) working days.
6.2 You acknowledge and confirm that you agree that, as soon as (all or a part of) the Company Location Data has been used by a Listing Partner and/or their customers, we are not obligated to erase the Company Location Data from all services, systems, and devices of the Listing Partner or their customers or to ensure that the Listing Partner, their customers or other third parties do not change or use the Company Location Data.
6.3 You agree that you will need to contact the Listing Partner directly in order to have Company Location Data erased where it has been published with Listing Partners.
G. Additional Terms for Jimdo App Integration.
1.1 We offer Users Jimdo's own integration tool for various Third Party Services (apps) which can be made available from Jimdo via a third party service provider. The User can embed content into their website by inserting a URL from the website/service to be integrated (framing). We offer Jimdo App Integration as a part of a (Premium) Plan or as an individual additional Service and we reserve the right to offer this Addon free of charge or as a Service in return for payment.
1.2 The User can decide themselves in the dashboard whether apps should be integrated and, if so, which ones. In some circumstances this can involve the transmission of personal data to the respective third party service which Jimdo has no influence over and therefore cannot access this data.
1.3 If apps are integrated and website visitors have consented to the placement of cookies or similar technology on the User’s website, in some circumstances this can also involve the transmission of the personal data of your website visitors to the respective third party service. Data relating to the visitors to the website is processed by the integrated third party service on the basis of the website visitor’s explicit consent as per Art. 6 (1) (a) GDPR.
1.5 Please note that Jimdo assumes no liability or warranty for whether the Third Party Content embedded in your website is accurate and in compliance with the law. The same applies to the content and accuracy of linked sample texts. If you have any questions regarding this we recommend you contact a legal expert. This does not give rise to any right to the permanent provision of a third party service with respect to Jimdo.
H. Additional Conditions For Jimdo Bookings
If you have selected Jimdo Bookings as an add-on, the following Supplementary Conditions apply in addition to the T&Cs:
1.1 We provide users with a proprietary Jimdo Booking Tool (“Bookings”), for use on users' websites, enabling your visitors to book and cancel binding, paid appointments. Appointments cannot be paid via the Booking Tool. You can also use the Booking Tool to view and manage appointments your customers have booked. As the website operator, you are responsible for compliance with all legal regulations governing the use and organization of the Booking Tool and the services offered through it.
1.2 No contractual or performance relationship will arise between us and your website visitors or customers due to their use of the Booking Tool or your services, and we assume no responsibility of any kind for the provision of services to or by customers or for the provision of the services you offer via the Booking Tool or for any statements or other actions by you or your customers.
1.3 Your obligation to indemnify under section 18 of the T&Cs also includes claims, losses and costs that have been asserted or arise in conjunction with the following circumstances: Claims from customers or third parties that are asserted due to or in conjunction with the provision of the Booking Tool and/or the purchase or use of the services you offer through the Booking Tool, subject to the proviso that your potential right to recourse against us remains unaffected.
1.4 You acknowledge that the Booking Tool does not fulfill the requirements of the principles for properly maintaining and storing books, records, and documents in electronic form and for data access (GoBD) and that no invoices, receipts or other fiscal documentation may be produced using the Booking Tool. 1.5 You are solely responsible for storing data in accordance with the statutory requirements, in particular commercial and fiscal law.
1.6 Illegal services must not be offered. Our Terms and Conditions of Service and Community Standards apply.
1.7 We do not assume any liability for the compliance of the Booking Tool with legal regulations governing the provision of services.
I. Additional Terms for Jimdo Contact List
1.1 Jimdo Contact List allows you to add customer data to a contact list as well as use, manage and export your customer data easily.
1.2 In addition, you can optionally obtain your customers' consent through your Jimdo website to receive newsletters by you. For this purpose, your customers will be shown a checkbox in (for example) the contact form which they can tick if they would like to be contacted by you for advertising purposes. You can view the consent status for receiving newsletters in your contact list.
1.3 The Jimdo Contact List is available for Users with the Online Store packages “Business” and “VIP”.
1.4 No contractual or service relationship is established between us and your users or customers, and we assume no responsibility of any kind for the provision of services to or by your customers or for the provision of the Jimdo Contact List or the services you offer through the Jimdo Contact List or for any statements or other actions by you or your customers.
1.5 As the operator of the Website, you are responsible for compliance with legal requirements when using the Jimdo Contact List. The same applies to the statutory requirements regarding the storage of data (in particular in accordance with commercial and tax law).
1.6 Your obligation to indemnify pursuant to Section 18 of the Jimdo General Terms and Conditions of Service, also includes claims, damages and costs incurred in connection with claims by customers or third parties arising from or in connection with the use of the Jimdo Contact List (including the administration and usage of newsletter consents).