Terms of Service

Please read these terms carefully before using our services

CRITICAL: Read This First

BY USING HOMEPAGEASSIST, YOU ACCEPT FULL RESPONSIBILITY FOR:

  • GDPR/DSGVO compliance and all data protection requirements
  • Accessibility law compliance (ADA, WCAG, Section 508, etc.)
  • All legal and regulatory compliance in your jurisdiction
  • Verification of software security and functionality
  • Any and all damages or consequences from using our service

HomepageAssist assumes NO LIABILITY for your use of our platform.

1. Scope of Services

HomepageAssist provides software solutions for creating interactive video experiences. We offer web-based tools and IT services as described on our website.

License Grant: We grant you a non-exclusive, non-transferable, revocable license to use our software solely for your internal business purposes. All intellectual property rights remain with HomepageAssist.

Prohibited Uses: You may not redistribute, resell, sublicense, reverse engineer, or use our services for illegal purposes.

License Violations: Unauthorized distribution or commercial exploitation of our software will result in immediate termination and may incur penalties of up to €10,000 per violation.

2. Customer Responsibilities

Complete Responsibility:

You bear THE COMPLETE AND SOLE RESPONSIBILITY for:

  • Deployment and use of our software
  • Verifying software functionality, security, and reliability
  • GDPR/DSGVO compliance for all data processing
  • Accessibility compliance (WCAG, ADA, Section 508, etc.)
  • All legal and regulatory compliance in your jurisdiction
  • Backup and security of your data
  • Content created with or distributed through our platform

Legal Compliance Verification:

Before deploying any solution using HomepageAssist, you MUST independently verify compliance with all applicable laws, including data protection laws (GDPR, CCPA, etc.), accessibility requirements, consumer protection laws, and industry-specific regulations.

3. Limitation of Liability

No Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOMEPAGEASSIST ASSUMES NO LIABILITY FOR:

  • Direct, indirect, incidental, or consequential damages
  • Data loss, corruption, or unauthorized access
  • Business interruption or loss of profits
  • Security incidents, breaches, or vulnerabilities
  • GDPR/DSGVO violations or data protection issues
  • Accessibility law violations
  • Any legal non-compliance arising from your use
  • Third-party claims or actions
  • Software errors, bugs, or malfunctions

Negligence: Our liability for simple negligence is limited to foreseeable, typical contractual damages.

Indemnification: You agree to indemnify and hold harmless HomepageAssist from any third-party claims, damages, or costs arising from your use of our services.

4. Data Protection

Your Responsibility:

YOU ALONE are responsible as the data controller for GDPR/DSGVO compliance. This includes:

  • Obtaining proper consent for data collection
  • Implementing appropriate technical and organizational measures
  • Maintaining records of processing activities
  • Responding to data subject requests
  • Reporting data breaches to authorities
  • Conducting Data Protection Impact Assessments where required

No Liability for Customer Actions: HomepageAssist assumes NO LIABILITY for GDPR/DSGVO violations caused by your use of our platform, except in cases of gross negligence by HomepageAssist.

5. Payment Terms

Advance Payment: All services require payment in advance unless otherwise agreed in writing.

Pricing: Current pricing is available on our website and may be changed at any time with 30 days notice to existing customers.

Taxes: All prices are exclusive of applicable taxes, which are your responsibility.

6. Contract Formation and Duration

Formation: Contracts are formed through written or electronic confirmation from HomepageAssist, delivery or activation of services, or your acceptance of these terms through use of our platform.

Non-Binding Offers: All offers, quotes, and proposals from HomepageAssist are non-binding unless explicitly stated otherwise.

Duration: Contracts run for the agreed term (typically monthly or annually) and automatically renew unless terminated with three months notice to the end of a contract period.

Termination: Either party may terminate with three months written notice to the end of a quarter. HomepageAssist may terminate immediately for cause, including non-payment or breach of these terms.

7. Support and Maintenance

Support Services: Support and maintenance services are not included in the base license and require a separate agreement.

Rates: When support services are purchased, standard rates range from €150-350 per hour depending on the type and urgency of support required.

Modifications: Any modifications, customizations, or integrations you make to our software void any warranty and support obligations from HomepageAssist.

8. Warranties and Disclaimers

As-Is Service: Our services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.

Disclaimer: WE DISCLAIM ALL WARRANTIES INCLUDING:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Uninterrupted or error-free operation
  • Security or freedom from viruses
  • Accuracy or reliability of results

9. Intellectual Property

Ownership: HomepageAssist retains all intellectual property rights in our software, services, and documentation.

Your Content: You retain ownership of content you create using our platform. However, you grant us a license to host, process, and display your content as necessary to provide our services.

Feedback: Any feedback, suggestions, or ideas you provide to us become our property and may be used without compensation or attribution.

10. General Provisions

Governing Law: These terms are governed by the laws of the jurisdiction in which HomepageAssist operates, excluding conflict of law provisions.

Severability: If any provision of these terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.

Entire Agreement: These terms, together with our Privacy Policy and any other agreements you enter with us, constitute the entire agreement between you and HomepageAssist.

Changes to Terms: We may modify these terms at any time by posting updated terms on our website. Continued use after changes constitutes acceptance.

Final Reminder

By using HomepageAssist, you acknowledge that:

  1. You have read and understood these terms
  2. You accept full responsibility for legal compliance (GDPR, accessibility, etc.)
  3. You will independently verify all security and functionality requirements
  4. You assume all risks associated with using our platform
  5. HomepageAssist is not liable for damages arising from your use

Effective Date: January 2025

Last Updated: December 2024