Terms & Conditions

Last change: 15.01.2024

Contractual partner and scope

These General Terms and Conditions (GTC) apply to the use of the Anogate website and its services (at www.anogate.io), which are provided by Mind63 GmbH, Römerstr. 76/1, 74078 Heilbronn (hereinafter: Anogate).

“Customers” within the meaning of these General Terms and Conditions are exclusively entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). The Anogate offer is aimed exclusively at such entrepreneurs. Anogate does not enter into business relationships with private individuals.

All services provided by Anogate are provided exclusively on the basis of these General Terms and Conditions. Anogate does not recognize any deviating conditions.

Subject of the contract

General

Anogate's specific services are presented in detail on the company website, unless contracts arise through individual communication. For customers, the relevant service description at the time of placing their order is crucial. In the event of any discrepancies, this Service Description takes precedence over the contract details listed below.

Explanations of terms

User: The person whose data (“User Data”) is processed using the software operated by Anogate on behalf of the Customer.

Customer: The party that has entered into a contract with Anogate and engages Anogate for the technical operation of its services.

Operation of a data protection proxy

Anogate provides its customers with a data protection proxy. This is a service that the customer can use on his site to avoid external services being accessed directly by the user's browser and thus the user's personal data being transmitted to the external services. The data protection proxy takes over the communication between the user browser and the external service by first forwarding the data to an Anogate web server. This monitors the data flow in both directions. Data protection-relevant information is removed, anonymized or pseudonymized in such a way that the external service can under no circumstances use the data to identify the user.

The Anogate data protection proxy is based on the software “Google Tag Manager” (hereinafter “GTM”) from Google Inc., which is provided free of charge and publicly (as a client-solution and as a server side container). The term refers to a so-called tag management system, which is used to manage, organize and control the collection of digital data. The focus is on digital analysis, such as web analysis or marketing technologies. The GTM was not developed by Anogate - Anogate also has no special business relationship with Google Inc. and expressly does not act as a provider of the software, but only as a technical service provider for operations on behalf of the customer. Anogate's customer has no claim to a specific or even error-free functioning of the service, as long as the functionality actually observed has its origins in the original software of the GTM.

On behalf of the customer, Anogate takes over the data protection-compliant implementation of the GTM and the tags used therein (e.g. Google Analytics 4 - hereinafter "GA4"). For this they will be

The customer is granted the non-exclusive right, limited to the term of the contract, to use the software functions associated with the use of the web server in accordance with these General Terms and Conditions and the license conditions of the software providers. The customer is not granted any further rights.

The customer is solely responsible for data processing in the GTM.

Logging

Anogate operates a service for organizing and forwarding data, not for storing it. Although it is possible to control data storage via the GTM, this storage does not take place with Anogate.

Exception: Anogate will temporarily store incoming data in order to monitor, identify and correct operational errors (hereinafter “logging”). This logging, both for Anogate and for the customer, takes place for a maximum period of 30 days. Neither the customer nor other parties have a right to logging; it is a voluntary service that is not part of the contract.

Guarantees by Anogate

All servers on which user data is received or processed by Anogate are physically located in the European Union and are operated by a company that also has its headquarters in the European Union.

Anogate will at no time use the incoming data for purposes other than the contractually agreed service.

Customer responsibility

All user data that customers send to a data protection proxy operated by Anogate always remains the responsibility of the customer. The customer is also responsible for compliance with data protection regulations. Correct data collection in accordance with data protection law requires compliant processes along the entire process chain, over which Anogate has no influence and which are designed differently in each company.

Conclusion of the contract

The contract for the data protection proxy offered on the Anogate website is concluded in electronic commerce as follows: The customer orders the services offered on the website from Anogate via a system provided there by Anogate, and Anogate carries out this order an order confirmation. The contract is concluded when the customer receives the order confirmation. However, the term of the contract only begins when the customer's access (account) is activated. An order confirmation sent to the customer immediately after receipt of the order alone does not lead to the conclusion of the contract.

Anogate expressly reserves the right not to accept an order for any reason in individual cases.

Otherwise, offers from Anogate, including those on the website, are always non-binding.

Duties and obligations of the customer

The customer is obliged to provide all data required for his order completely and truthfully. In the event of a breach of the obligation to provide truthful information, Anogate is entitled to terminate the contractual relationship immediately.

Changes to the data provided by the customer must be corrected or updated immediately. The customer is also obliged to keep the email address provided to Anogate in the order form up to date and to regularly check his emails, especially those from Anogate.

Users must protect their user names and passwords or comparable mechanisms that secure access to Anogate from unauthorized access by third parties. For security reasons, it is necessary to change passwords at regular intervals. In digital media, the customer may only store user names and passwords in encrypted form. If a password is entered incorrectly several times, this can lead to the usage options for which the password is valid being blocked in order to protect the customer.

The customer is obliged not to exceed the limited quantity of included services, unless an excess is expressly agreed in the contract. If an agreed possible exceedance is made, the billing of the additional traffic volume beyond the included service is based on the contractual agreement. If no excess has been agreed, the service offered by Anogate will be interrupted until the next payment.

The customer must ensure that he uses the software access provided to him by Anogate in such a way that the infrastructure or data of other Anogate customers, the server stability, server performance or server availability are not impaired, contrary to the contractually intended use.

Notifications from Anogate to the customer relating to the conclusion of the contract, the execution of the contract, in particular the invoicing and the dunning process, as well as the termination of the contract (cancellation), are usually made in text form (i.e. by email). Only in exceptional cases or when there are legal obligations does Anogate create documents and send them to the address provided by the customer.

Customer responsibility

The customer is responsible for all content that the customer provides or keeps accessible via the web servers provided by Anogate (e.g. data, graphics, images, pieces of music, videos or other information that is accessible or distributed via the technologies provided by Anogate). responsible for general laws.

If the customer himself constitutes a telemedia service by using Anogate, he must also fulfill the legal information obligations imposed on providers of electronic information and communication services as well as telecommunications services. He must comply with the requirements of data protection laws insofar as he processes or has processed personal data.

Forbidden things

Anogate's services may not be used by the customer to enable third parties to send unsolicited emails for advertising purposes (mail spamming) or to send messages for advertising purposes (news spamming), to send threatening or harassing messages to enable unauthorized retrieval of information or to penetrate data networks without authorization.

The customer is not permitted to sublet Anogate's services unless he is a reseller authorized by Anogate.

The customer is obliged to configure its systems, scripts, programs and other files and data on Anogate's servers in such a way that the security, integrity and availability of the networks, servers and software that Anogate uses to provide its services are not impaired becomes. Anogate is entitled to block or restrict the access of the customer or third parties if the security, integrity or availability of Anogate's systems is impaired by behavior that deviates from regular operating procedures. The customer may not use Anogate's services for illegal activities.

Further prohibited types of use or actions may be announced on the Anogate website if necessary.

During a temporary suspension in accordance with the above paragraphs, Anogate retains the right to the agreed remuneration.

Availability

The customer can expect an average accessibility of the servers and data paths provided by Anogate of 99.5% per year. This does not apply to times when the servers are unavailable due to technical or other problems that are beyond Anogate's control (such as force majeure, fault of third parties, etc.).

Anogate may restrict access to the services if this is necessary for the security of network operations, maintaining network integrity, in particular to avoid serious disruptions to the network, the software or stored data.

Payment terms

To access Anogate's services, the customer must make a purchase or pay a fee. Customer agrees to provide current, complete and accurate purchase and account information for all purchases made through the Site. He also agrees to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that Anogate can complete transactions and contact him as needed. Depending on the customer's place of delivery, the sales tax we deem necessary may be added to the purchase price.

The customer agrees to pay all costs and fees at the price then applicable to the purchase and authorizes Anogate to invoice his chosen payment provider for these amounts upon purchase. If the purchase is subject to recurring charges, the Customer agrees that Anogate de Payment Method will charge the Customer on a recurring basis without requiring the Customer's prior consent for each recurring charge until they notify Anogate of the cancellation.

Anogate reserves the right to correct any errors or errors in pricing, even if payment has already been requested or received. Anogate also reserves the right to refuse orders placed through the Website.

If a monthly term has been chosen, the Anogate subscription will continue from month to month unless the customer cancels or Anogate cancels it. Customer must cancel the subscription each month before renewal to avoid being billed for the next month's subscription fees. Monthly renewals occur on the anniversary of the initial purchase date. Anogate bills the monthly fee via the payment method specified by the customer during registration or in their account settings. The subscription fees are fully collected upon payment.

With a monthly subscription, the license to use Anogate is extended monthly and is valid for a whole month (e.g. March 6, 2023 to April 6, 2023).

If the customer has chosen an annual term, the Anogate subscription will continue year to year unless the customer cancels or Anogate cancels it. Customer must cancel the subscription each year before renewal to avoid being billed for the next year's subscription fees. Annual renewals occur on the anniversary (month and day) of the initial purchase date. Anogate bills the annual membership fee using the payment method specified by the customer during registration or in their account settings. The subscription fees are fully collected upon payment.

With an annual subscription, the license is renewed annually and is valid for the year for which the customer paid (e.g. March 6, 2023 to March 6, 2024).

Cancellation

All purchases are non-refundable. Subscriptions can be canceled at any time in the Anogate account under the account settings or directly with Paddle or the relevant contractual partner. Termination will be effective at the end of the current paid term.

Banning

Anogate will only use the technical option to block the customer's access to the services provided in necessary exceptional cases and will always take the customer's legitimate interests into account. If Anogate carries out a blocking, the company is entitled to block all contractual services and services if necessary. The decision on the type of blocking measure is at the discretion of Anogate.

A justified blocking by Anogate does not release the customer from his obligation to pay the agreed fees.

If Anogate receives warnings, reminders or admonitions from third parties who credibly claim legal violations, Anogate is entitled to temporarily block access to the disputed information that is the cause of the violation without further legal review. This applies unless the customer immediately proves to Anogate that there is no violation of the law or releases Anogate from the consequences of claims by third parties - if necessary by providing security. Anogate is not obliged to provide legal advice to the customer.

Anogate fulfills its notification obligations regarding the preparation, defense and implementation of the blocking by sending the relevant notifications by email to the email address provided by the customer. It is the customer's responsibility to ensure that the email address provided is accessible.

Anogate can make the lifting of a block dependent on the customer having verifiably eliminated the illegal situation and, in order to avoid the risk of repetition, submitting a cease-and-desist declaration to Anogate with a contractual penalty and providing security for the payment of a possible future contractual penalty. The amount of this security corresponds to Anogate's expected costs in the event of claims by third parties. The amount of the contractual penalty promise depends on the severity of the violation.

If claims are made against Anogate by third parties or governmental bodies due to behavior that entitles Anogate to block, the customer undertakes to indemnify Anogate from all claims and to assume the costs incurred by making use of or eliminating the illegal situation. This includes in particular Anogate's necessary legal defense costs.

Obligations to terminate the contract

On the day of termination of the contractual relationship, the customer is obliged to remove and delete all implementations and configurations made by him from his website.

Offsetting by the customer, right of retention

The customer can only offset claims from Anogate if his claims are undisputed or legally established. The customer may only assert a right of retention with regard to counterclaims that arise from the contractual relationship with Anogate.

Liability

Anogate's liability is regulated exclusively in accordance with the following provisions:

Unlimited liability: Anogate is liable for intent and gross negligence. In the event of slight negligence, Anogate is liable in accordance with the Product Liability Act, the Telecommunications Act and in the event of damage resulting from injury to life, body or health of persons.

Limitation of liability: In the case of slight negligence, Anogate is only liable for the violation of an essential contractual obligation (cardinal obligation), the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely. This limitation of liability also applies to Anogate’s vicarious agents.

Anogate's liability, regardless of fault, for defects existing at the time the contract was concluded (according to Section 536a of the German Civil Code) is excluded.

Contract term, termination, termination of the contract

Unless otherwise agreed, the contract is concluded for an indefinite period. The notice periods depend on the term of the subscription booked - monthly or annually. The notice period is one day to the end of the respective payment period.

Ordinary termination of the contract by the customer can only be made via Anogate's online administration interface, to which Anogate must grant the customer access at any time.

Extraordinary termination

The parties reserve the right to extraordinary termination of the contract. For extraordinary termination, at least the text form (e.g. by email) is agreed. An extraordinary termination for good cause occurs in particular in the following cases:

1. If the customer is in arrears with a due payment for more than one month.

2. If the customer culpably violates a contractual obligation despite a warning.

3. If the customer does not remedy a breach of contract or law within a reasonable period of time, in particular if he provides illegal information for access or use via his setup, even though he has been informed of this fact by third parties or by Anogate.

A warning is unnecessary if it is a breach of duty that makes it unreasonable for Anogate to continue the contract, especially if Anogate would also be liable to third parties due to this breach of duty.

If the entire contract is not terminated, but only one or more, but not all, setups are terminated, the rest of the contract remains in effect.

Data protection

Anogate informs the customer separately about the collection, processing and use of personal data, in particular through the data protection declaration and the contract for data processing.

Applicable law, place of jurisdiction, invalidity

The law of the Federal Republic of Germany applies exclusively to Anogate's contracts concluded on the basis of these General Terms and Conditions and all resulting claims, regardless of their nature. For contracts with consumers who are not based in Germany, the mandatory consumer protection provisions of the law of the consumer's home country that apply to their place of residence remain unaffected by this principle.

The place of jurisdiction for all claims arising from the contractual relationships between the contracting parties, in particular regarding the conclusion, execution or termination of the contract, is - if the customer is a registered merchant, a legal entity under public law or a special fund under public law - the registered office of Anogate.

If individual provisions of these General Terms and Conditions are or become ineffective in whole or in part, the validity of the remaining provisions remains unaffected.

Mandatory information

If Anogate uses telemedia for the purpose of concluding a contract (contract in electronic commerce), Anogate is obliged to provide certain information. This applies to customers who are consumers and to customers who are both consumers and entrepreneurs.

Identity of the company

The customer's contractual partner is:

Mind63 GmbH
Römerstr. 76/1
74078 Heilbronn
Germany

VAT: DE320875706

Price information

The prices displayed on the Anogate website are net prices, i.e. they do not include VAT. Customers who have their place of residence or headquarters in another EU country or in a third country can have the total price valid for their country displayed separately. Due to different tax rates in different countries, these total prices may vary upwards or downwards. There are no further delivery and shipping costs as well as additional taxes or costs that are not paid via Anogate.