General Terms and Conditions

§ 1 Provider and scope

BuI Hinsche GmbH
Managing directors: Matthias Hinsche, Yvonne Hinsche
Neumarkt 7
06712 Zeitz
Germany
Phone: +49 3441 9799060
Email: info@webdonkey.io
Registry court: Amtsgericht Stendal · Commercial register: HRB 8435
VAT identification number: DE262988067

(1) These General Terms and Conditions (“Terms”) apply to all contracts concluded via our online shop at shop.webdonkey.io between BuI Hinsche GmbH (“we”, “us”) and the customer, as well as to the supply and use of our applications WebDonkey, WebDonkey Editor and WebDonkey Pages (each an “app”, together the “apps”). Our website webdonkey.io presents the products and links to the shop for ordering, customer account, cancellation and withdrawal; no contracts are concluded via it. These Terms and the other legal texts are published with the same wording in the shop and on webdonkey.io.

(2) We do not accept any conflicting or deviating terms of the customer unless we have expressly agreed to their validity in text form. This also applies where we render performance without reservation in the knowledge of conflicting terms.

(3) A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession (§ 13 German Civil Code). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of their trade, business or profession (§ 14 German Civil Code).

(4) During registration you choose a personal account or a company account. Company accounts are reserved for entrepreneurs; whoever creates one or orders through one confirms that they are acting in the exercise of their trade, business or profession. The account type determines the prices shown and the products you can order (§ 2(3), § 5(3)). Whether consumer rights apply to you is determined by law. You cannot change the account type yourself afterwards; please contact us if it needs changing.

§ 2 Subject matter of the contract

(1) Our apps run on the customer's Mac:

WebDonkey sets up and manages local web development environments.
WebDonkey Editor is a code editor that runs on its own or together with WebDonkey.
WebDonkey Pages builds websites in a conversation with an AI, checks them and publishes them to a server of the customer or as a ZIP file.

The apps need no servers of ours to function, and we store none of the customer's project data. The apps talk to our server only for licence verification, for updates and for the other cases described in the privacy policy.

(2) The apps can be used free of charge permanently in a Free scope, with the range of functions stated in the service description. This includes in particular:

in WebDonkey, website monitoring for one project with three targets;
in WebDonkey Pages, one active website with the full feature set. In the Free scope, publishing is by ZIP export only. The exported website carries the note “Built with WebDonkey Pages” in its footer with a link to webdonkey.io; the note is part of the Free scope and stays in place when the website is published. Publishing directly to a server of the customer requires a Pages plan.

(3) We offer the following as paid subscriptions:

WebDonkey Premium: unlocks the Premium functions of WebDonkey and WebDonkey Editor stated in the service description. The SEO package, the maintenance package and the plans of WebDonkey Pages are not included.
SEO package: unlocks the SEO functions of WebDonkey (such as SEO audits, accessibility check, page inspector, reports and history). The SEO package is an add-on. It can only be used while it is assigned to a running WebDonkey Premium licence (§ 6a).
Maintenance package in the tiers 10, 30 and 100 active websites: unlocks functions in WebDonkey with which the customer looks after websites on servers (such as staging, local test copies, pushes to live, backups, updates, vulnerability matching, checks and reports). The maintenance package is an add-on. It can only be ordered with a company account and only be used while it is assigned to a running WebDonkey Premium licence (§ 6a); WebDonkey Premium is not included. We do not provide maintenance or support services for the customer's websites; all functions run in the app on the customer's machine and at the customer's instigation.
Maintenance add-on: raises the quota of the maintenance package by 10 active websites. It can only be ordered with a company account and only be used while it is assigned to a licence carrying a running maintenance package (§ 6a). For more than 150 websites we make an individual offer on request.
WebDonkey Pages in the plans Personal (3 active websites, personal accounts only) and Business (3 active websites), Studio (10 active websites) and Agency (30 active websites), each for company accounts only. No Pages plan includes WebDonkey Premium.
Pages add-on: raises the quota by 5 active websites. It can only be ordered with a company account and only be used while it is assigned to a running Pages Business, Studio or Agency plan (§ 6a). For more than 50 websites we make an individual offer on request.

(4) The apps are not open-source software, including in the Free scope; the source code is not published. Open-source components contained in the apps are governed by their own licences (§ 6(6)).

(5) The scope of performance owed is determined by the service description in the version valid at the time of the order (shop.webdonkey.io/service-description). We send it to you as a PDF with the order confirmation and the confirmation of payment. The product and feature pages on webdonkey.io and in the shop and the documentation in the apps explain the functions. We develop the apps continuously; updates are included at no additional cost for the term of the subscription.

(6) The apps require a Mac running a supported version of macOS and an internet connection for installation, updates and licence verification. The service description states the system requirements. To install further software components (e.g. PHP, databases, web servers) the apps access the sources of the respective manufacturers, who alone are responsible for their content and availability.

(7) To build websites, WebDonkey Pages needs AI access provided by the customer: their own API key with Anthropic or their own installation of Claude Code. The terms and prices of the respective provider apply to that access; the customer bears its costs. We owe neither the availability of the AI service nor any particular result of the AI.

(8) The maintenance package queries public third-party data sources from the customer's machine (such as WordPress.org, Packagist, the npm registry, OSV.dev, Shopware and Mage-OS). If the customer enters their own key, the Wordfence vulnerability feed is added; the customer obtains this key from the provider themselves and on the provider's terms. The providers of this data are responsible for its content, completeness and availability; we do not owe them. The matching shows vulnerabilities known in these sources. It is not a security audit of the website.

§ 3 Conclusion of contract

(1) The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order.

(2) By submitting your order using the “Order with obligation to pay” button you make a binding offer. We confirm receipt of your order by email without undue delay. This acknowledgement does not yet constitute acceptance. The contract is concluded when we expressly declare acceptance or provide you with the licence key.

(3) Before submitting your order you can review your entries on the order summary page and correct them using your browser's editing functions. We store the contract text and send it to you in text form: with the order confirmation, and again with the confirmation of payment with which we provide your licence key, you receive the order details and the subscription terms in the email, together with these Terms, the service description and the withdrawal policy with the model withdrawal form as PDF files. You can also see your orders in your customer account.

(4) The contract languages are German and English. If you order in another language version of the shop, the English version of these Terms applies.

(5) A customer account is required for purchase, because licence keys, devices and subscriptions are managed there. The details provided on registration must be complete and accurate. Access credentials must be kept confidential and must not be passed on to third parties.

(6) We only sell to customers whose address is in one of the countries listed on the “Payment and shipping” page. We do not sell to other countries or to the territories outside the VAT area of the European Union named there; the basket points this out.

§ 4 Prices, currency, VAT and payment

(1) The prices stated in the shop at the time of the order apply. The price shown in the order summary is binding. For running subscriptions:

Price reduction: If we reduce the price of a product, we may also reduce the price of running subscriptions for that product. We will tell you the new price and the date from which it applies by email in advance; it applies from the first charge after that date.
Price increase: We only raise the price of a running subscription with your express agreement; silence does not count as agreement. We announce an increase by email in text form at least six weeks before the date from which it is to apply (effective date). The subject line expressly states that the price is increasing; the email names the subscriptions concerned, the previous and the new price, the effective date, how you can agree and what happens without your agreement. Your agreement covers all subscriptions named in the email. If you agree by the end of the term running on the effective date, the new price applies from the first charge after it. If you do not agree, the subscription ends automatically at the end of that term, without you having to cancel it; until then the previous price applies, and after that we charge nothing more for the subscription. You can agree until 10 p.m. (German time) on the last day of that term. After your agreement, a running percentage discount (paragraph 6) applies to the new price.
Your right to cancel any subscription under § 5 remains unaffected. When a discount under paragraph 6 ends and the regular price agreed at the time of the order applies again, this is not a price increase within the meaning of this paragraph.

(2) Customers with a billing address in the European Union pay in euros, all other customers in US dollars. What counts is the country of the billing address, not the language selected in the shop. Payment is made in the currency of the order.

(3) For customers with a billing address in the European Union, the prices shown are final prices including VAT unless paragraph 4 applies. They contain the VAT of the country in which the customer is established; the final price is the same in all member states. Company accounts have a final price of their own; the statement made during the order process prevails.

(4) Entrepreneurs established in a member state of the European Union other than Germany who provide a valid VAT identification number receive the service at the net price stated during the order process, without VAT; the recipient is liable for the tax (reverse charge). We check the VAT identification number with the EU's VAT Information Exchange System (VIES), and again before every renewal. Until it is confirmed, the final price including the VAT of the customer's country applies.

(5) For customers with a billing address outside the European Union, the service is not subject to German VAT; we do not charge VAT and the price shown is the final price. There are no shipping costs.

(6) Discounts:

Bundle discount: if you order WebDonkey Pages Personal or Business together with WebDonkey Premium, or if a WebDonkey Premium subscription is already running in your customer account, the price of the Pages subscription is reduced for its first term (first month or first year) by a fixed amount (bundle discount). The basket and the order summary state this amount in a line of its own before the order is placed; if you pay the net price without VAT (paragraph 4), the net share of this amount applies. From the first renewal, the regular price applies.
Sales, creator codes, vouchers and bonuses apply to a fixed number of charges stated in the respective offer; where no number is stated, the discount applies to the first payment only. After that, the regular price applies again automatically. Where a discount applies to more than one charge, we confirm by email how many.
You can use a creator code or a creator's link for only one order per customer account, whichever the creator; the basket takes any further creator code out again with a notice.
Before the regular price is charged again for the first time, we inform you by email.
Percentage discounts are not added together; one percentage discount applies per order, namely the one shown in the basket.
You accept a bonus in your customer account and choose there the subscription it is credited to.
For company accounts, bonuses and vouchers belong to the company account, even where they are granted for a report by a team member.

(7) Payment is made using the payment methods offered during the order process; details are on the “Payment and shipping” page. We use the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands, whose terms apply in addition. For recurring payments you grant the payment service provider the necessary authorisation; the fee falls due and is collected at the beginning of each term.

(8) We provide invoices electronically. If the customer defaults on payment, we are entitled to charge default interest at the statutory rate. Where costs are charged to us as a result of a chargeback (such as a card chargeback) for which the customer is responsible, the customer shall reimburse those costs in the amount actually incurred.

(9) If a charge fails, we inform you by email. We do not retry it automatically. You can make the payment later through the link in that email or in your customer account, also with a different payment method. Without payment, the licence whose renewal the charge was meant to pay for ends three days after the renewal date, and the app concerned switches to the Free scope (§ 7). Once you make the payment, the licence is valid again until the end of the period paid for. The subscription itself continues until it is cancelled.

(10) If your bank or card provider charges a payment back, or if we refund a payment in full, for example after a withdrawal, the licences paid for with it end immediately and the subscription they belong to is ended; for the first payment of an order this applies to all subscriptions started with it. If we refund only some licences of a payment, only those end, and the subscription continues for the others. If we refund under § 5(7) or (7a) the fee for the time after the end of the contract, the licence remains usable until the end of the contract. For every refund you receive an invoice correction (credit note or cancellation invoice) by email; it is also shown in your customer account with the order. A chargeback by your bank or card provider is not a refund by us; it does not change the invoice.

§ 5 Term, renewal and cancellation

(1) Each item of an order is a subscription of its own with its own term, billing and cancellation. Several licences of the same item (seats) run in one subscription; its amount depends on the number of running seats.

(2) Monthly subscriptions are available to all customers. They renew for one month at a time unless cancelled.

(3) We offer annual subscriptions to entrepreneurs with a company account only. The shop shows them to all visitors with the note “business customers only (B2B)”; they can only be ordered with a company account. An annual subscription runs for one year and renews for a further year at a time unless it is cancelled by the end of the current term. There is no notice period. Paragraph 7a applies to annual subscriptions that exceptionally exist with a consumer.

(4) We remind you by email three days before each charge of a monthly subscription, and 14 days and 3 days before the renewal of an annual subscription, each time with the amount and date of the charge.

(5) You can cancel any subscription at any time with effect from the end of the current term. The cancellation must reach us by the last day of the term (German time) at the latest; if it arrives later, the subscription ends at the end of the term then running. Every subscription, every licence, every add-on and every seat of a subscription can be cancelled individually.

(6) You can cancel in your customer account, without logging in using the “Cancel contracts here” button at the foot of every page of the shop and of webdonkey.io, or informally in text form to info@webdonkey.io. If a cancellation via “Cancel contracts here” refers to several running contracts and you do not select one of them, it applies to all contracts matching your details, each at the time you stated there: at the earliest possible date or on the date you requested. We confirm by email that we received the cancellation and the date on which the contract ends.

(7) On cancellation we do not refund fees already paid for the current term pro rata; the licence remains usable until the end of the term paid for. Statutory refund claims, in particular after a withdrawal (§ 8), remain unaffected. If we nevertheless charge after a contract has ended, for example because a cancellation was processed late, we refund that charge in full.

(7a) This paragraph applies to consumers only. Where an annual subscription exceptionally exists with a consumer, it renews after the first year, notwithstanding paragraph 3, for an indefinite period; billing remains annual in advance. The consumer can then cancel it at any time with one month's notice. The subscription ends one month after receipt of the cancellation, at the latest with the end of the period paid for; we refund the fee already paid for the time after the end of the contract to the day. This applies to every consumer, whatever the state of their habitual residence; mandatory consumer protection provisions of that state remain unaffected (§ 15(1)). This paragraph does not apply to entrepreneurs, including those established abroad: their subscriptions renew under paragraphs 2 and 3 and, after a cancellation, end with the end of the term paid for; there is no pro rata refund (paragraph 7).

(8) Each add-on has a carrier: for the SEO package and the maintenance package it is the WebDonkey Premium licence they are assigned to, for the maintenance add-on the maintenance package whose licence it is assigned to, for the Pages add-on the Pages plan it is assigned to. If the carrier ends, the following applies to the add-on:

After cancellation or another regular end of the carrier (for example under § 13(1)): If the add-on's subscription runs longer than the carrier, the add-on does not end with it. After the carrier has ended, it becomes a licence of its own with a new licence key that is not assigned to any licence; we send you the new key by email, and the add-on's previous key no longer works. The licence unlocks nothing until you assign it in your customer account to a matching running licence (§ 6a(3)); its subscription continues with unchanged term and billing until you cancel it (paragraph 5) or it ends under § 13(1).
After withdrawal, full refund, chargeback or termination for good cause: If the carrier ends because you have withdrawn from the contract for it, because we have refunded the payment for it in full, because your bank or card provider has charged a payment back or because we have terminated the contract for it for good cause (paragraph 10), the add-on ends at the same time as its carrier; nothing more is charged for the add-on after that. We do not refund fees already paid for the time after the carrier has ended; statutory claims remain unaffected. By way of exception: if you as a consumer have withdrawn from the contract for the carrier, you are no longer bound by the contract for an add-on connected with it either (§ 360 of the German Civil Code); we then refund its payments as after a withdrawal, even if you bought the add-on in a different order. In the “Withdraw from contract” form, such an add-on from a different order is preselected to be withdrawn as well. If you wish to keep it, untick it there, or tell us so expressly when you withdraw in another way; without that choice it ends as well. If you keep it, it becomes a licence of its own with a new licence key as under the first bullet, its subscription continues with its term and billing until you cancel it, and we do not refund its payments. An add-on you bought in the same order as the carrier is part of that order and is withdrawn with it.

If the WebDonkey Premium licence ends, this applies to every add-on on it, including the maintenance add-ons on the maintenance package of that licence. An add-on that is not assigned to any licence continues until you cancel it or it ends under § 13(1).

(9) Cancelling a licence does not cover licences coupled to it (§ 6a(2)); paragraph 8 remains unaffected.

(10) The right to terminate for good cause remains unaffected for both parties. Good cause exists for us in particular in the event of a material breach of the terms of use under § 6.

(11) When a subscription ends, the entitlement to use the functions it unlocked ends; the app concerned switches to the Free scope (§ 7).

(12) You can reactivate an expired WebDonkey Premium subscription in your customer account. In doing so you conclude a new subscription in the order process; the new licence receives the same licence key as before, and coupled licences and the registered device move over to it. Reactivation is not possible while a payment for the old subscription is still outstanding.

§ 6 Licence, scope of use and device management

(1) Upon payment in full, the customer receives for the term of the respective subscription a simple, non-exclusive, non-transferable right to use the app concerned within the agreed scope. Rights in the software remain with us or the respective rights holders.

(2) One licence key entitles the holder to use it on one device at a time (one active seat). If the customer uses several apps with the same key on the same Mac, together they take one seat. The seat is not permanently tied to a device: it is released when the app is quit and can be taken by another device. If no device reports in for a longer period, the next device to make a request takes the seat automatically. Devices can also be signed out in the customer account at any time. The customer may therefore install the apps on several of their own devices but, per licence, use the licence's functions on only one device at a time. Simultaneous use by several people requires one licence per person; this also applies to the WebDonkey Pages plans.

(3) To verify entitlement, the apps contact our licence server at regular intervals. The data transmitted is described in the privacy policy. If no internet connection is available, the functions of the licence remain usable until the end of the billing period confirmed at the last successful check plus three days; within that period a connection error does not cause them to be switched off. After that the app switches to the Free scope until it reaches the licence server again; if the subscription has been renewed in the meantime, the functions are then available again automatically.

(4) The customer must not make the licence key accessible to third parties or publish it, circumvent or manipulate the apps' technical protection measures, use the apps beyond the agreed scope, or rent them out, sublicense them or otherwise make them available to third parties for a fee. Mandatory statutory powers, in particular under §§ 69d, 69e of the German Copyright Act, and the rights under paragraph 6 remain unaffected. Sharing a licence with a team member under § 6a(5) is permitted.

(5) Where there is reason to suspect misuse of a licence key, for instance simultaneous use by several devices in a manner suggesting that the key has been passed on, we are entitled to downgrade the sessions concerned temporarily to the Free scope until the matter has been clarified. We will inform the customer accordingly.

(6) The apps contain third-party components subject to their own licence terms, in particular open-source licences. Those terms take precedence for the component in question. Where such a licence grants the customer further rights, in particular to modify the component, to replace it with a modified version and to reverse-engineer the app for debugging such modifications (for example the GNU Lesser General Public License), those rights take precedence over the restrictions in paragraph 4. We provide an overview of the components and their licences in the apps, with a reference to the source code of the components whose licence requires it. Third-party software installed by the apps at the customer's request is not the subject of this contract.

§ 6a Coupling licences, add-ons, quota and company accounts

(1) In the customer account, the customer can couple a Pages licence to one of their WebDonkey licences and assign add-ons to a licence. Coupled licences and assigned add-ons use the licence key and the seat of the licence they are coupled to; the own key of a coupled Pages licence remains valid. We assign an SEO package, a maintenance package or a maintenance add-on automatically where it is clear which licence it belongs to (for example when ordered together or when there is exactly one matching licence); we never couple Pages licences automatically, and the customer assigns a Pages add-on to a Pages plan themselves in the customer account. The customer can change coupling and assignment up to three times per licence within 30 days.

(2) Each coupled licence remains a contract of its own with its own term. If the WebDonkey licence ends, the licences coupled to it remain coupled and the shared key keeps working for them; it then no longer unlocks WebDonkey Premium. § 5(8) applies to add-ons.

(3) An add-on only unlocks anything while it is assigned to a running licence it requires: the SEO package and the maintenance package to a WebDonkey Premium licence, the maintenance add-on to a licence carrying a running maintenance package, the Pages add-on to a Pages Business, Studio or Agency plan. At most one SEO package and at most one maintenance package can be assigned and at most one Pages licence coupled per licence, any number of add-ons. An add-on that is not assigned is charged nonetheless; the customer assigns it in the customer account or cancels it.

(4) In WebDonkey Pages, all active websites including drafts count against the licence's quota; archived websites do not count. Archiving frees the place; the website is kept as a ZIP and can be reactivated as soon as a place is free. Assigned add-ons raise the quota. Subpages of a website are not limited.

(4a) For the maintenance package, all active maintained websites count against the quota. A website is one live target; its staging and its local copies do not count separately. The quota is the number of websites of the tier plus 10 websites per running, assigned maintenance add-on. Archiving frees the place; reports and history of the archived website remain readable.

(5) A company account can invite team members by email and share each of its licences (each seat) with a team member who has accepted the invitation. The team member can see the key of that licence and use it in the apps. The company account remains the contracting party; it manages subscriptions, licences, keys and devices. When a share ends (for example by withdrawal, by the member leaving or being removed, or by deletion of their customer account), the licence receives a new key and the device is signed out. Seats, bonuses and vouchers belong to the company account. Each seat can be cancelled individually with effect from the end of the term paid for; from the following charge the amount of the subscription is reduced accordingly, there is no pro rata refund.

§ 7 Switching to the Free scope

(1) When a subscription ends, or where the licence is not active, the app concerned switches to the Free scope. The customer's data is not deleted as a result of the switch: projects, websites, entries and configurations already created remain stored in the app and can still be viewed and deleted by the customer.

(2) From the switch onwards, however, only the Free scope can be used. In WebDonkey and WebDonkey Editor, anything beyond it is restricted, in particular:

Features included only in Premium (such as remote connections, notes, backups or the embedded views) are locked. Settings available only with Premium, such as a Premium theme, are reset to a value within the Free scope.
Where the number of existing entries exceeds a limit of the Free scope (for example monitoring targets, scheduled tasks, subscriptions or saved toolbox entries), the oldest entries up to that limit remain usable. The others are locked: they stay visible but are no longer run, checked or otherwise used, and can only be edited to a limited extent.
Where more sites with HTTPS or more services are active at the same time than the Free scope allows, the customer selects which remain active. HTTPS is switched off for the other sites and the other services are stopped; certificates and configurations are retained.

(3) When the SEO package ends or is not assigned to a running WebDonkey Premium licence, the SEO functions are locked; the monitoring of the Free scope under § 2(2) remains.

(3a) When the maintenance package ends, is not assigned to a running WebDonkey Premium licence or its quota drops, the oldest active websites remain usable up to the new quota (without a maintenance package: none); the others are locked. Locked are in particular creating staging, pushes to live, updates via WebDonkey and the checks. For safety reasons the following always remain possible: viewing maintained websites, viewing and restoring backups, undoing pushes, deleting staging and archiving websites. Fetching locally remains usable within the Free or Premium scope. Nothing is deleted as a result of the end. Backups and working files that WebDonkey created on the customer's servers remain there until the customer deletes them.

(4) When a Pages subscription ends or the quota drops, for example through a smaller plan or the end or release of an add-on, the oldest active websites remain usable up to the new quota (in the Free scope: one). The others are locked; they remain stored, can be exported as a ZIP at any time and are not deleted. Publishing directly to a server is not available in the Free scope.

(5) New items beyond the Free scope cannot be created or started. When the licence becomes active again, locked features and entries become available again without any further action.

§ 8 Right of withdrawal and its early expiry

(1) Consumers have a statutory right of withdrawal in accordance with the withdrawal policy, which forms part of these Terms and is linked at the foot of every page.

(2) Important note: The right of withdrawal expires when we have begun performing the contract after you have expressly consented to us beginning performance before the end of the withdrawal period, you have confirmed your awareness that by giving that consent you lose your right of withdrawal once performance begins, and we have provided you with a confirmation under § 312f of the German Civil Code (§ 356(6) no. 2 of the German Civil Code). We obtain this consent separately during the order process, store it together with its time and wording, and confirm it to you in the order confirmation. This applies to all our subscriptions.

(3) Entrepreneurs have no right of withdrawal.

(4) The right of withdrawal must be distinguished from cancellation under § 5: cancellation ends the subscription for the future, whereas withdrawal is directed at unwinding the conclusion of the contract.

§ 9 Availability, defects, updates and changes

(1) We provide the apps and the licence service with due care. No particular level of availability of the licence and download service is owed; maintenance work and disruptions do not result in the loss of a licence's functions within the period set out in the offline rule in § 6(3).

(2) Statutory provisions apply to defects, in particular §§ 327 et seq. of the German Civil Code for contracts with consumers on digital products. During the term of the contract we provide the updates required to maintain conformity with the contract and inform customers about them. If the customer fails to install updates provided within a reasonable period, we are not liable for defects caused solely by the lack of the update, provided we informed them about its availability and the consequences of not installing it and the failure to install or the incorrect installation is not due to deficient installation instructions (§ 327f(2) of the German Civil Code).

(3) In relation to entrepreneurs, the limitation period for claims based on defects is one year from provision; this does not apply to claims based on intent or gross negligence or to the cases of unlimited liability set out in § 10. Statutory periods apply in relation to consumers.

(4) According to the state of the art, software cannot be produced entirely free of errors. The apps access configurations, services and files on the customer's machine. It is incumbent on the customer to make suitable backups before significant changes; WebDonkey Premium includes a backup function for this purpose. WebDonkey's local development environment is intended for development and testing, not for running publicly accessible websites from the customer's machine.

(4a) The remote functions of WebDonkey Premium and the maintenance package are intended to work on servers the customer specifies, expressly also in production environments (live websites). There the apps act only on the customer's instructions, including according to a schedule the customer sets up. Where the maintenance package changes files, extensions or the database of a live website, the following applies:

The app shows beforehand what it will change and carries out exactly that only after the customer's confirmation. For systems with the status “preview” (not yet fully tested) it requires an additional confirmation.
Before every write it creates a backup of the database and files affected on the same server. If the backup fails, it writes nothing. When restoring a backup, the customer can deselect the backup of the state before; the app then creates none.
Pushed content can be undone per push as long as the fields concerned have not been changed on live since. Otherwise restoring from the backup remains; anything created on live since the backup (such as new orders) is lost in that case.

These backups are on the same server as the website and do not replace a backup in another location. The customer provides for such a backup (for example through their hosting provider).

(5) Beyond the updates required to maintain conformity with the contract, we may change the apps and their functions where there is a valid reason, such as adaptation to a new technical environment (e.g. new macOS versions) or to changed third-party services, reasons of security, changed legal requirements or the further development of the range of functions. The customer incurs no additional costs as a result, and we inform them clearly and comprehensibly about the change. Where a change impairs a consumer's use more than insignificantly, we inform them in good time beforehand on a durable medium about the characteristics and timing of the change and about their right to terminate the contract free of charge within 30 days (§ 327r(2) to (4) of the German Civil Code).

§ 10 Liability

(1) We are liable without limitation for damage arising from injury to life, body or health based on a breach of duty by us, our legal representatives or vicarious agents, as well as for damage based on intent or gross negligence, in the event of fraudulent concealment of a defect, within the scope of a guarantee given, and under the German Product Liability Act.

(2) In the event of a slightly negligent breach of a material contractual obligation, that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely, our liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.

(3) Liability is otherwise excluded. The above limitations also apply in favour of our legal representatives and vicarious agents.

(4) We are liable for the loss of data in accordance with the above provisions only to the extent that the loss would also have occurred had the customer carried out proper and regular data backups.

(5) We are not responsible for the content, availability and lawfulness of third-party software and services obtained or integrated by the customer through the apps (including the AI access under § 2(7) and the data sources under § 2(8)), nor for the projects and websites created by the customer or their legal compliance.

(6) For functions that work on the customer's servers (remote functions, maintenance package), the following also applies:

We owe that the app carries out these functions as described in the service description and § 9(4a), for the maintenance package in particular the backup under § 9(4a) no. 2, the preview, carrying out only the confirmed plan and undoing. This is one of our material contractual obligations within the meaning of paragraph 2. If the app carries out such a function incorrectly, we are liable under paragraphs 1 to 4.
The customer decides on which servers to use the apps, which changes to push and when. The customer is responsible for selecting and for the content of these changes, as well as for the authorisation (§ 11(4)) and for their services to their own clients. The customer alone concludes contracts on looking after their websites; we are not party to them, have no access to these servers and provide no maintenance or support services. We do not owe any particular result for the customer's websites (such as freedom from errors, security or availability).
Proper within the meaning of paragraph 4 means here a regular data backup that is not kept solely on the same server. Contributory fault of the customer is to be taken into account under § 254 German Civil Code; it may exist in particular if the customer confirms a preview without checking it, overrides a conflict with “Force the source value” or ignores a warning (such as the “preview” status of a system not yet fully tested).

§ 11 Customer obligations

(1) The customer is responsible for complying with the provisions applicable to their use, in particular for ensuring that content created or operated with the apps does not infringe third-party rights and does not contravene statutory prohibitions. We are under no obligation to review this.

(2) The customer must protect their access credentials and licence keys against third-party access and inform us without undue delay if there are indications of misuse.

(3) The customer reviews and publishes websites created with WebDonkey Pages under their own responsibility. Pages generates templates for a legal notice and a privacy policy from the customer's details. They cover the standard case described in the app, are not legal advice and do not replace a review of the individual case. The customer is responsible for the accuracy and completeness of the details and for the lawfulness of the published website.

(4) The customer may only use and change servers and websites they access with the apps with the authorisation of their owner. The customer provides the access credentials themselves. Before pushing changes to live, the customer checks the preview and, where possible, the changes in staging or in a local copy first. The customer sets up flow tests so that they do not infringe the rights of third parties or the terms of use of the tested website or its service providers.

(5) Where the customer processes personal data of their clients with the apps (for example when fetching locally, in staging or in backups), the customer is responsible for this under data protection law, usually as their client's processor. In particular, the customer ensures a legal basis or instruction, a contract under Art. 28 GDPR and appropriate security on their machine (Art. 32 GDPR). We do not receive or process this data.

(6) If the customer starts an AI agent in an app (such as Claude Code) in a mode in which the agent runs commands and file changes without asking first (such as with the switch “Skip permission prompts” in Mission Control of WebDonkey Editor), the customer is responsible for everything the agent does in that mode. Our liability under § 10 for errors of the app itself remains unaffected.

§ 12 User contributions and community

Where the customer submits content, for instance self-created colour presets in the theme gallery (from WebDonkey, WebDonkey Editor or WebDonkey Pages), problem reports or posts on our community server, they grant us the simple right, unlimited in time and territory, to store, reproduce and make that content publicly accessible within the scope of the respective offering. There is no entitlement to publication; we reserve the right to review submitted content before release and to remove content that is unlawful or breaches these Terms. The customer warrants that they hold the necessary rights in the content they submit.

§ 13 Changes to these Terms

(1) If we amend these Terms, we announce the amendments by email in text form at least six weeks before they take effect. The subject line of the email expressly states that the Terms are being amended; the email sets out the amendments, the date they take effect, how you can agree to them and what happens without your agreement. You can agree via the link in the email or in your customer account. The amendments apply to your existing contracts (subscriptions, § 5(1)) only if you expressly agree to them; silence does not count as agreement. If you have not agreed by the end of the term of a contract that is running when the amendments take effect, that contract ends automatically at the end of that term, without you having to cancel it; until then the previous version continues to apply to it, and after that we charge nothing more for it. You can agree until 10 p.m. (German time) on the last day of that term. If you agree before then, the amendments apply to the contract from your agreement, but not before they take effect, and the contract continues. Your agreement covers all your contracts and any earlier announced amendments contained in the new version.

(1a) If you conclude a new contract after our announcement and before the amendments take effect, the ordering process points out the new version and the date it takes effect. By placing your order you agree to it; from the date it takes effect it applies to that contract and, where the notice says so, also to your running contracts (last sentence of paragraph 1).

(2) Changes to the apps are governed by § 9(5). A new version of the service description that only describes changes to the apps is not an amendment of these Terms.

§ 14 Dispute resolution

Our email address is info@webdonkey.io. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

§ 15 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, mandatory consumer protection provisions of the state in which they are habitually resident remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Zeitz. We are also entitled to bring proceedings at the customer's general place of jurisdiction.

(3) Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

Version 2026-10-23 · Last updated: 23 October 2026