Version: 31.03.2026
1.1 Kleon Technologies GmbH, Seitzstraße 13 / Rückgebäude, 80538 München hello@artist-websites.de (“Operator”) offers the software ‘Artist Websites’ for use as software-as-a-service (as more specifically described in Sec. 3, the “Software”).
1.2 The Software is offered for use on the website app.artist-websites.de (altogether, the “Platform”).
1.3 “Customer” is the natural person that is using the Software under these Terms of Use.
1.4 Customer and Operator are each referred to as “Party” and, collectively, as “Parties”.
1.5 The use of the Software is subject to these Terms of Use.
1.6 If special conditions for individual uses of the Software deviate from these Terms of Use, this will be indicated at the appropriate location on the Platform. In this case, the respective special terms of use shall apply in addition.
1.7 Terms and conditions of the Customer deviating or conflicting with these Terms and Conditions are not accepted by the Operator, unless the Operator has expressly agreed to them. The Operator hereby rejects any counter-confirmations by a Customer with reference to its terms and conditions. Individual agreements between the Parties do always prevail.
1.8 The contracting language is English. Any text components in other languages are for informational purposes only.
1.9 The Operator does not store the agreement text after the Agreement has been concluded. The Customer has access to the current version of the Terms of Use on the Platform. The respective version of the Terms of Use at the time of conclusion of the User Agreement is provided to the Customer by email or download.
1.10 The Software is provided in English.
2.1 The use of the Software requires the conclusion of an agreement (“Agreement”) between the Operator and the Customer.
2.2 The offers that the Operator presents to use the Software do not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
2.3 The Customer selects under the tab ‘billing’ the Software (in the indicated version, if applicable) that the Customer wishes to purchase against payment.
2.4 Then, information required for the relevant payment method must be entered.
2.5 By clicking on ‘subscribe with obligation to pay’, the Customer submits a binding offer to purchase or book the Software as displayed in the booking overview and based on the pricing model shown there.
2.6 Before submitting a binding offer, the Customer can correct all entries on an ongoing basis using the usual keyboard and mouse functions.
2.7 Immediately after submitting the offer, the Customer receives a booking confirmation, which, however, does not yet constitute an acceptance of the contractual offer.
2.8 The Agreement between the Customer and the Operator is established as soon as the Operator provides the purchased Software to the Customer or accepts the Customer’s offer in a separate way (e.g. via email or other digital means).
2.9 Through a password-protected login area, the Customer can carry out certain activities online by themselves, such as updating their website’s content, structure as well as managing domain settings.
3.1 The Software is a web based application that lets users create and manage their own artist websites.
3.2 The Operator operates and maintains the Software on its servers or the servers of a designated service provider. The servers are operated in Germany.
3.3 For the term of the Agreement, the Operator provides the Customer the Software for use in the agreed scope as software-as-a-service, as described below. The scope of services with respect to the Software purchased by the Customer is set out in the description on our website under ‘Pricing’ as well as the agreed service levels in Sec. 5, rights of use in Sec. 6 and support services in Sec. 8 (altogether, the “Service”).
3.4 The Customer may use the Software only for their own purposes. The websites created with the Software may be used commercially by the Customer. However, the Customer may not use the Software to create websites on behalf of third parties or offer website creation as a service to others.
3.5 If the Operator stores any Customer data, the Operator will take state-of-the-art measures to protect such data. However, the Operator shall not be subject to any custodial or safekeeping obligations with regard to the Customer data.
3.6 The Operator shall only owe to the Customer the provision of the functions and features of the Software as described in the service description above, as well as the modification of the Software to reflect the current state of technology. Unless expressly agreed otherwise in writing, the Operator does not owe any further services. In particular, the Operator is not obliged to provide installation, setup, consulting, customization or training services, or to create and provide individual programming or additional programs. However, the Operator may provide the Customer further services (e.g. additional features) upon separate agreement for a separate fee (if applicable).
3.7 The Operator will continuously extend the Software and the Service in the form of patches, updates and upgrades and make improvements provided that they (i) serve technical developments or (ii) appear necessary to prevent misuse. In addition, the Operator is entitled to change the Software and the Service if (i) applicable law requires such changes, (ii) the changes are beneficial to the Customer and (iii) the changes are of a purely technical or procedural nature and have no material impact on the Customer. All other changes are subject to Sec. 17.
3.8 The Customer may increase the agreed scope of use of the Software (e.g. additional features, add-ons, APIs for third-party software), either via the Platform or by sending an e-mail to the Operator.
3.9 The services, technical requirements and, if it is a chargeable offer, prices for the selected additional services will be shown to the Customer via the Platform or communicated by email before the relevant contract is concluded. Adding additional services does not lead to a renewal of the Agreement. For the additionally booked services, the Customer will have a separate cancellation right pursuant to these Terms of Use.
3.10 For the respective remaining term of the current contract period, the difference between the increased fee, if any, and the fee already paid will be charged. For all following contract periods, billing will be carried out in connection with the agreed advance payment.
3.11 The subscription includes the registration and management of one (1) custom domain name for the Customer’s website at no additional charge, subject to domain availability.
3.12 The included domain registration is limited to the following top-level domains (TLDs): .com, .net, .org, .eu, .de, .at, .ch, .fr, .it, .es, .nl, .be, .pt, .pl, .cz, .dk, .se, .no, .fi, .ie, .lu, .hu, .ro, .bg, .hr, .sk, .si, .lt, .lv, .ee, .co.uk. Registration of domains with other TLDs may be available for an additional fee.
3.13 Additional domain registrations beyond the one included domain are available for a separate fee.
3.14 Domain registrations are subject to the policies of the respective domain registry. The Operator acts as an intermediary and does not guarantee the availability or continued registration of any domain name.
4.1 The Operator will provide the Customer access data and instructions that the Customer needs to use the Software and the Service.
4.2 The Customer shall protect their access data against access by third parties and keep it safe in accordance with the state of the art.
4.3 Access data may not be passed on to third parties.
5.1 The Operator makes the Software available for use at the router exit of the data center where the server with the Software is located (“Delivery Point”). The Customer is responsible for the internet connection between the Customer and the Delivery Point as well as the required hardware and software (e.g. computer, network connection).
5.2 The Software is provided subject to technical and operational capabilities. No specific availability or response time is guaranteed.
5.3 The Operator will use best efforts to remedy disruptions or interruptions of the Software provision within a reasonable period of time after the Customer has reported them.
5.4 Maintenance work may lead to temporary restrictions. The Operator will, to the extent possible, carry out such work outside normal business hours and will inform the Customer in advance if significant impairment of use is to be expected.
5.5 Periods of non-availability due to circumstances beyond the Operator’s control (e.g. force majeure, actions of third parties) are excluded from the Operator’s responsibility.
5.6 The Customer is required to report disruptions without undue delay via email. The Operator will respond to such reports in an appropriate manner.
6.1 This Section applies exclusively to the granting of rights of use to the Software by the Operator to the Customer; Sec. 7 applies to the granting of rights of use to third parties.
6.2 Subject to payment of the agreed remuneration, the Operator grants the Customer the non-exclusive and non-transferable right to use the Software for the duration of the Agreement to the agreed extent and in accordance with applicable laws. Unless expressly agreed otherwise, the aforementioned rights of use shall only apply to the country in which the Customer is resident.
6.3 The Software may only be used by the Customer for its own purposes. In particular, the Customer may not use the Software to:
6.4 The Operator reserves the right to delete infringing content as well as content with viruses or other harmful components and/or to terminate the Service hereunder.
6.5 The Customer may only copy the Software insofar as this is covered by the intended use of the Software in accordance with the applicable service description. Necessary copying includes loading the Software into the working memory on the Operator’s server, but not the, even temporary, installation or storage of the Software on data carriers (such as hard disks or similar) of hardware used by the Customer.
6.6 After termination of the Agreement, the rights of use end automatically without the need for a declaration by the Operator.
7.1 The Software may contain open source software components. The use of these components is subject exclusively to the corresponding terms of use of the open source software components that are transmitted and/or referenced as part of the open source software components. In the event of contradictions or conflicting provisions between the license terms of the open source software and the provisions of the Agreement, the license terms of the open source software shall prevail.
7.2 If the Operator provides APIs or add-ons for third-party software, this third-party software is not covered by the granting of rights in accordance with Sec. 6. The Customer is responsible for obtaining the corresponding rights of use.
8.1 The Operator has set up a support service for the Customer’s inquiries regarding the Services. Requests can be made via the support channels indicated on the Operator’s website. The requests are processed in the chronological order of their receipt.
9.1 The Customer shall ensure to only use the Software and the Service to the contractually agreed extent. The Operator must be informed immediately of any unauthorized access. The Operator is entitled to block the account, the access to the login area, to the Software and/or to other services in case of misuse.
9.2 The Customer is solely responsible for the content and data processed within the Software. The Customer is obliged to not use the Software in a way which violates applicable law, official orders, third-party rights or agreements with third parties.
9.3 The Customer must check any data for viruses or other harmful components before storing or using it in the Software and shall use state of the art measures for this purpose (e.g. antivirus programs).
9.4 The Customer shall indemnify the Operator against all claims, disputes, losses, damages, expenses, costs (including court costs and legal fees) and liabilities (“Losses”) arising out of or in connection with (i) the Customer’s use of the Software in breach of the Agreement, (ii) any breach by the Customer of any obligation or prohibition set out in Sec. 6.3 or in this Section, or (iii) a claim based on content of the Customer that has been distributed via the Software and has caused damage to a third party.
9.5 The Customer is solely responsible for ensuring that their website complies with all applicable legal requirements, including but not limited to maintaining a legally compliant imprint (Impressum) where required by law, providing a compliant privacy policy, and meeting any other disclosure obligations under applicable national or EU law. The Operator provides a default privacy policy template as a convenience; however, this template is provided without warranty of legal sufficiency and does not constitute legal advice. The Customer is solely responsible for reviewing, customizing, and ensuring that the privacy policy displayed on their website meets all applicable legal requirements.
9.6 The Customer is solely responsible for ensuring that all content used on their website — including but not limited to images, photographs, fonts, audio files, videos, and text — is properly licensed or otherwise authorized for use. The Customer warrants that they hold all necessary rights, licenses, or permissions for any content uploaded to or displayed on their website.
9.7 The indemnification obligation under Sec. 9.4 shall extend to any Losses arising from the Customer’s failure to comply with the obligations set out in Sec. 9.5 and 9.6.
10.1 The content stored by the Customer on the storage space provided for them may be protected by copyrights. The Customer hereby grants the Operator the right to make such contents accessible to the Customer via the internet and, in particular, to reproduce and transmit such contents for this purpose and to be able to reproduce such contents for the purpose of data backups.
10.2 If and to the extent that, with respect to the Customer’s contents, a database, databases, a database work or database works are created on the Operator’s server(s) during the term of the Agreement, in particular through the compilation of application data or through activities by the Customer permitted under the Agreement, the Customer shall be entitled to all rights thereto. The Customer shall remain the owner of such databases or database works even after the end of the Agreement.
10.3 If data loses its personal reference through pseudonymization, the Operator may continue using and storing the application data, insofar as this is legally permissible under applicable data protection laws.
10.4 The Customer grants the Operator a non-exclusive, royalty-free right to use, display, and reproduce the Customer’s published website — including its design, layout, and content — for the Operator’s own marketing and promotional purposes (e.g., on the Operator’s website, social media channels, and marketing materials). This right is granted for the duration of the Agreement and shall survive termination for materials already published. The Customer may revoke this right at any time by sending an e-mail to hello@artist-websites.de; the Operator shall cease such use within a reasonable period after receipt of the revocation.
11.1 The Customer shall pay a fee to the Operator for the use of the Software and the Service. The prices and the respective terms of payment shown at the time of the order under billing shall apply.
11.2 The Operator reserves the right to increase the fees for future contract periods. In this case, the Operator will communicate the increase to the Customer in writing at the latest eight (8) weeks before the fee increase comes into effect. In the event that the Customer does not accept the price increase, and provided the price increase is higher than 5%, the Customer is entitled to terminate the Agreement with 14 days’ notice at the end of the current contractual period.
11.3 All fees are stated in and are payable in Euros plus applicable VAT.
11.4 Invoices not paid within such period shall accrue interest at the applicable statutory rate. In addition, services may be restricted in the event of default. In the event of a delay in payment of more than 60 days, the Operator is entitled to terminate the entire contractual relationship without notice.
11.5 All payments due shall be made via our electronic payment processor.
11.6 The Customer is not entitled to offset claims against the Operator, unless the claims have been legally established by a binding court decision or have been recognized in writing by the Operator.
12.1 Agreements on the use of the Software and the Service have a fixed term of one (1) year. The Agreement shall be automatically extended for one (1) year thereafter unless it is terminated by one Party before the relevant Expiration Date.
12.2 The right to terminate without notice for good cause remains unaffected. Good cause shall be deemed to exist, in particular, if the other Party materially breaches their contractual obligations, if insolvency proceedings are opened against such Party’s assets, or if such Party becomes insolvent or illiquid. Good cause shall also exist if the other Party uses data in a manner that violates the contractually agreed provisions.
12.3 Any termination must be in text form.
12.4 In the event of termination of the Agreement, all rights of use to the Software granted to the Customer shall lapse immediately, and the Customer shall cease to use the Software.
13.1 The Software provided by the Operator essentially corresponds to the stated service description. In the case of updates, upgrades or new version releases, warranty claims are limited to the new features of the respective update, upgrade or, respectively, new version release compared to the previous version.
13.2 In principle, the statutory warranty provisions for rental agreements apply. However, the application of Sec. 536a (2) German Civil Code (Bürgerliches Gesetzbuch, BGB) (right of the user to rectify defects themselves) and strict liability in accordance with Sec. 536a (1) German Civil Code (Bürgerliches Gesetzbuch, BGB) for defects that already existed when the Agreement was concluded are excluded.
13.3 In all other respects, the provisions of service contract law (Sec. 611 et seqq. German Civil Code (Bürgerliches Gesetzbuch, BGB)) shall apply.
13.4 The Operator does not guarantee that the Customer’s expectations associated with the use of the Service will be realized.
13.5 The Operator does not assume any additional guarantee for the Software without express confirmation.
13.6 Any claims for damages are subject to the limitations set out in Sec. 14 (Liability).
14.1 The Operator is liable to the Customer without limitation in the event of intent, gross negligence and culpable injury to life, body or health. The Operator is also liable without limitation for claims under the Product Liability Act (Produkthaftungsgesetz, ProdHaftG), for guarantees given in writing and for claims due to the absence of warranted characteristics.
14.2 Notwithstanding the preceding paragraph, the Operator shall be liable to the Customer in the event of minor negligent breaches only with respect to material contractual obligations, but, in any case, limited to the damage typically foreseeable at the time of conclusion of the Agreement. Material contractual obligations are obligations (i) the fulfillment of which is a prerequisite for the proper performance of the Agreement or the breach of which jeopardizes the purpose of the Agreement, and (ii) the compliance of which the Customer may regularly rely on. Strict liability pursuant to Section 536a (1) German Civil Code (Bürgerliches Gesetzbuch, BGB) for defects that already existed when the Agreement was concluded is excluded.
14.3 The Operator is entitled to raise the objection of contributory negligence on the Customer’s part (e.g. due to a breach of the Customer’s obligations in accordance with Sec. 9).
14.4 The Operator is only liable for the loss of data up to the amount that would have been incurred if the data had been properly and regularly backed up in order to restore it.
14.5 The Operator assumes no liability for damages that arise if the Customer passes on passwords or user IDs to unauthorized persons or if these otherwise reach unauthorized persons without the Operator having any influence on this.
14.6 The Operator shall not be liable for any legal consequences arising from the Customer’s failure to maintain a legally compliant imprint (Impressum), privacy policy, or other mandatory legal disclosures on their website. The provision of templates or tools for creating such disclosures does not constitute legal advice and does not relieve the Customer of their own legal obligations.
14.7 The Operator shall not be liable for any claims, damages, or legal consequences arising from the Customer’s use of unlicensed or improperly licensed content, including but not limited to images, fonts, audio files, or other media. The Customer bears sole responsibility for securing appropriate rights and licenses for all content used on their website.
14.8 This Section shall also apply in favor of the Operator’s employees, representatives and bodies.
15.1 If the data and information provided by the Customer contains personal data, the Operator will process it exclusively in accordance with its data privacy policy.
15.2 If the Operator stores any data of the Customer, the Customer remains the owner of the data stored on the Operator’s servers and the data will not be passed on to third parties.
15.3 Up to three (3) months after termination of the Agreement, the Customer shall be entitled to have its data exported in a customary format. Thereafter, the data may only be exported in individual cases (if the data is still available) and for a separate fee.
16.1 The Parties undertake to maintain confidentiality about all Confidential Information that they obtain in connection with the Agreement and its performance, and not to disclose or pass on such information to third parties (“Confidentiality Obligation”).
16.2 “Confidential Information” are all business, technological, scientific, patent and other internal information of the Parties relating to any business strategies, ideas, intellectual property rights, development, know-how and production of the Parties that has already been disclosed or will be disclosed under the Agreement.
16.3 The Confidentiality Obligation shall not apply to information:
17.1 For good cause, in particular in the event of changes in statutory law, supreme court rulings, the Software, the Service, or market conditions, the Operator may notify the Customer of an amendment to these Terms of Use, indicating the main changes. The amended Terms of Use are deemed agreed by the Customer if they have not objected to the amendment within one month after receipt of the notification, and the Operator has specifically pointed out this consequence for the Customer in the notification. Changes to the scope of services agreed with the Customer require their express consent, irrespective of the above provisions.
17.2 If the Customer objects to an amendment of the Terms of Use within the aforementioned period, the Operator is entitled to terminate the Agreement with a notice period of three (3) months to the end of the month.
17.3 In addition, in the event of an increase in fees, Sec. 11.2 shall apply.
18.1 Notifications from the Customer shall be sent by e-mail to hello@artist-websites.de. Important changes to customer data or other circumstances affecting the contractual relationship shall be communicated by the Customer to the Operator immediately at the above e-mail address.
19.1 Unless you have effectively waived your cancellation right, you have a statutory right of cancellation as follows if you are resident in Germany:
19.2.1 You have the right to cancel the User Agreement within fourteen days without giving any reason.
19.2.2 The cancellation period is 14 days from the day the User Agreement is concluded.
19.2.3 To exercise your right of cancellation, you must inform us (Kleon Technologies GmbH, Seitzstraße 13 / Rückgebäude, 80538 München, hello@artist-websites.de) of your decision to cancel this Agreement by means of an explicit declaration (e.g. a letter sent by post or e-mail). You may use the attached template cancellation form, but this is not obligatory.
19.2.4 To meet the cancellation deadline, it is sufficient for you to dispatch the declaration of exercising your cancellation right before the expiry of the cancellation period.
19.3.1 If you cancel the User Agreement, we shall reimburse to you all payments received from you, including any delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than fourteen (14) days from the day on which you informed us about your decision to cancel the User Agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
19.3.2 If you have requested that the service should begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of your cancellation right with regard to this User Agreement compared to the total scope of the services provided for in the User Agreement.
19.4.1 If you wish to cancel the User Agreement, please fill out this form and send it back to us.
To Kleon Technologies GmbH, Seitzstraße 13 / Rückgebäude, hello@artist-websites.de
I/we (*) hereby cancel the agreement concluded by me/us (*) for the purchase of the following goods/the provision of the following services (*):
_______________________________________________________________________________
ordered on / received on (*): ____________________
Name of the consumer(s): ________________________________________
Address of the consumer(s): ______________________________________________________________
_______________________________ Signature of the consumer(s) (only if sent on paper)
__________ Date
(*) delete as applicable.
20.1 The Operator hereby draws the Customer’s attention to the online dispute resolution (OS) page of the European Commission, with the following link: https://ec.europa.eu/consumers/odr/. The Operator is neither willing nor obliged to participate in the online dispute resolution procedure.
20.2 The Operator is not obliged and not willing to participate in a dispute resolution procedure under the Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz, VSBG).
20.3 German law shall apply. Any conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall not apply.
20.4 The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use or the Agreement shall be Munich, Germany, to the extent applicable mandatory law does not provide otherwise. The place of performance is the registered office of the Operator.
20.5 Should a provision of these Terms of Use be or become invalid, contain an invalid deadline provision or a gap, the legal validity of the remaining provisions shall remain unaffected. Insofar as the invalidity does not result from a violation of Sec. 305 et seqq. German Civil Code (Bürgerliches Gesetzbuch, BGB), the invalid provision shall be replaced by a valid provision that comes as close as possible to the economic intentions of the Parties. The same applies in the event of a gap. In the event of an invalid term, the legally permissible term shall apply.