Terms & Conditions
§ 1 Scope
(1) These Terms and Conditions ("Terms") apply to all contracts concluded between Odenwald IT Service UG (haftungsbeschränkt), Schefflenzer Str. 3, 74743 Seckach ("Provider", "we") and the customer ("Customer", "you") regarding the use of the SaaS service "UpdateKing.de".
(2) Deviating, conflicting or supplementary general terms and conditions of the Customer shall not become part of the contract unless we expressly agree to their validity in writing.
(3) Customers may be both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB).
§ 2 Subject of the Contract
(1) UpdateKing is a Software-as-a-Service for monitoring and automated updating of Joomla websites and their extensions. The service includes, depending on the booked plan:
- Connecting and monitoring Joomla installations
- Automatic detection of available updates for Joomla core and extensions
- Automatic or manual triggering of updates
- E-mail reports on update status
- Provision of the UpdateKing Joomla Plugin
(2) The following plans are offered:
| Plan | Sites | Price (net / month) | Update reports |
|---|---|---|---|
| Starter | 1 | € 0.00 | – |
| Pro | up to 10 | € 5.00 | included |
| Agency | up to 30 | € 15.00 | included |
| Enterprise | unlimited | on request | included |
(3) The Starter plan is permanently free of charge and limited to one (1) connected Joomla site. An upgrade to a paid plan is possible at any time.
(4) Site limits are hard limits enforced by the system. If the limit is reached, additional sites can only be added after upgrading the plan or removing existing sites.
(5) The Provider reserves the right to adjust prices and plan scope for the future. Existing subscriptions remain unaffected until the end of the current billing period; price changes for the next period will be announced in good time (at least 30 days in advance) by e-mail.
§ 3 Conclusion of Contract
(1) The presentation of services on our website does not constitute a binding offer.
(2) The Customer submits a binding offer by completing the registration and, in the case of paid plans, by clicking the order button. The Provider accepts the offer by confirming the registration via e-mail or by activating the account.
(3) The contract is concluded in German or English. The contract text is stored by us and can be requested by the Customer at any time by e-mail.
§ 4 Prices and Payment
(1) The prices stated at the time of booking apply. Prices for entrepreneurs are exclusive of statutory VAT; prices for consumers include VAT.
(2) Payment is made via PayPal Subscriptions on a monthly or annual basis depending on the chosen plan. The subscription fee is debited automatically at the start of each billing period.
(3) Invoices are made available in the customer area as PDF documents.
(4) In the event of payment default, the Provider is entitled to suspend the service after prior notice.
§ 5 Term and Termination
(1) The contract is concluded for the chosen subscription period (monthly or annually) and is automatically renewed for the same period unless terminated.
(2) Termination is possible at any time effective at the end of the current billing period via the cancellation function in the customer area or in writing (e-mail is sufficient).
(3) The right to extraordinary termination for good cause remains unaffected.
(4) After termination, the Customer's data will be retained for 30 days and then permanently deleted, unless statutory retention obligations require longer storage (e.g. invoices: 10 years pursuant to § 147 AO).
§ 6 Customer Obligations
(1) The Customer is obliged to:
- Provide accurate information during registration
- Keep access data confidential and protect it from third-party access
- Keep API and Secret Keys secure
- Only connect Joomla installations to UpdateKing for which they are entitled to perform updates
- Make a backup of the website before automatic updates are activated
(2) The Customer is responsible for the legality of their connected websites and their content.
§ 7 Service Availability
(1) The Provider strives for an annual availability of 99.0 % of the dashboard service. Excluded are maintenance windows announced in advance and downtimes for which the Provider is not responsible (force majeure, third-party hosting failures).
(2) Brief interruptions for maintenance and updates do not constitute a defect.
§ 8 Liability
(1) The Provider shall be liable without limitation in cases of intent and gross negligence as well as for damages resulting from injury to life, body or health.
(2) In cases of slight negligence, the Provider shall only be liable for breach of essential contractual obligations (cardinal obligations); liability is limited to the foreseeable, contract-typical damage.
(3) The Provider is not liable for damage caused by faulty Joomla updates performed by third parties (extension developers, Joomla project).
(4) The above limitations of liability also apply to the Provider's vicarious agents.
§ 8a Backups and Data Security
(1) The Provider does not create backups of the Customer's Joomla sites. Data security is the sole responsibility of the Customer or their hosting provider.
(2) Before each Joomla core update triggered by the Provider, the Customer must actively confirm in the dashboard that a current, independent backup of the affected site exists and that they are aware of the risk of an update failure without a backup. Both confirmations are stored with timestamp, IP address and browser fingerprint in the audit log (GDPR Art. 7 para. 1 burden of proof).
(3) Recommendations for suitable backup methods (hosting backup, Akeeba Backup Core, manual export) can be found at /backup-anleitung.
(4) The Provider is not liable for data losses resulting from missing, incomplete or defective backups of the Customer, even if the Customer has falsely provided the aforementioned confirmations.
§ 9 Right of Withdrawal
Consumers (§ 13 BGB) have a statutory right of withdrawal. Details can be found in our separate Right of Withdrawal Notice.
§ 10 Data Protection
The Provider processes personal data in accordance with our Privacy Policy and applicable data protection law (GDPR, BDSG).
§ 11 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the consumer's habitual residence is not withdrawn.
(3) For merchants, legal entities under public law and special funds under public law, the place of jurisdiction is the registered office of the Provider.
(4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall not be affected.