Welcoma

Terms and Conditions

General Terms and Conditions.

Last updated: 14 September 2026

These Terms and Conditions (“Terms”) govern access to and use of the Welcoma website, customer accounts, dashboard, WordPress plugin, accessibility widget, accessibility scanning and reporting tools, accessibility statement tools, AI-assisted functionality, paid licences, subscriptions, add-ons, credits and related products and services provided by webAufstieg GmbH.

By creating a Welcoma account, purchasing a Welcoma product or service, accepting these Terms during registration or checkout, or otherwise using a Welcoma service where these Terms are presented, you agree to be bound by these Terms.

Product-specific information displayed on the applicable pricing page, checkout page or order confirmation forms part of the agreement.

Mandatory statutory rights, particularly those applicable to consumers, remain unaffected.

1. Provider and Contact Details

Welcoma is operated by:

webAufstieg GmbH
Anton-Huber-Straße 20
73430 Aalen
Germany

Managing Director: Alexander Flach
Commercial Register: Ulm Local Court, HRB 732541
VAT ID: DE294961679

Email: info@welcoma.app
Phone: +49 7361 6339046

In these Terms, “Welcoma”, “we”, “us” and “our” refer to webAufstieg GmbH.

2. Scope and Eligible Customers

These Terms apply to customers who:

  • use a free Welcoma service;
  • create a Welcoma account;
  • purchase a paid Welcoma subscription;
  • purchase a Lifetime or other one-time licence;
  • purchase credits or add-ons; or
  • otherwise use a Welcoma product or service subject to these Terms.

Welcoma may be used by both consumers and business customers.

A “Consumer” is a natural person who enters into a legal transaction predominantly for
purposes that cannot be attributed to their commercial or independent professional activity.

A “Business Customer” is a natural or legal person or a partnership with legal capacity acting
in the course of its commercial or independent professional activity.

Where mandatory consumer-protection law applies, the relevant statutory rights take
precedence over conflicting provisions of these Terms.

If Welcoma and a customer enter into a separate written agreement, order form or individual
contract, that agreement takes precedence over these Terms to the extent of any conflict.

3. Contract Formation

The presentation of Welcoma products, plans, licences and prices on our website does not by itself constitute a binding contractual offer unless expressly stated otherwise.

During the checkout process, you will be shown the relevant product, plan, price, billing period and other material contractual information before submitting your order.

By completing the order through the designated purchase button, you submit a binding order for the selected product or service.

Where applicable consumer law requires specific wording for the final order button or other checkout requirements, Welcoma will implement the legally required process.

A contract is concluded when Welcoma accepts the order, for example by:

  • sending an order or purchase confirmation;
  • activating the purchased licence or subscription;
  • providing access to the purchased service; or
  • otherwise expressly accepting the order.

The electronic order confirmation does not limit any statutory consumer rights.

4. Welcoma Services

Welcoma provides software and digital services intended to help website owners improve usability and accessibility.

Depending on the selected plan, licence or add-on, Welcoma may include:

  • a website accessibility widget;
  • accessibility profiles;
  • text and display adjustments;
  • colour and contrast controls;
  • reading and navigation aids;
  • keyboard-navigation functions;
  • multilingual functionality;
  • accessibility statement tools;
  • accessibility scanning;
  • accessibility reports;
  • accessibility recommendations;
  • plain-language or simplified-language functionality;
  • AI-assisted functionality;
  • account and licence management;
  • API or domain connection functionality;
  • WordPress integrations;
  • usage-based features; and
  • related technical support.

The exact functionality included in a plan is determined by the product description, pricing page or checkout information applicable at the time of purchase.

The number of websites, domains, users, credits or other usage limits included in a plan will also be displayed with the relevant offer.

5. Beta, Preview and Future Features

Welcoma may announce or make available functionality identified as:

  • beta;
  • preview;
  • experimental;
  • early access;
  • in development; or
  • “coming soon”.

Unless expressly included as a contractual commitment in a paid order, future or unreleased features are not part of the binding scope of a purchased plan.

Beta or experimental functionality may:

  • change;
  • contain errors;
  • have limited availability;
  • be temporarily suspended; or
  • be discontinued.

Customers should not purchase a Welcoma plan solely in reliance on an unreleased feature unless that feature has expressly been included in the contractual offer.

6. Accessibility Support – No Guarantee of Legal Compliance

Welcoma is designed to support website accessibility.

Welcoma does not represent or guarantee that installing or using the accessibility widget, scanner, accessibility statement generator, AI functionality or any other Welcoma feature will, by itself, make a website fully accessible or legally compliant.

In particular, Welcoma does not guarantee conformity or compliance with:

  • WCAG 2.1;
  • WCAG 2.2;
  • EN 301 549;
  • the European Accessibility Act (EAA);
  • the German Barrierefreiheitsstärkungsgesetz (BFSG);
  • the Americans with Disabilities Act (ADA);
  • Section 508;
  • UK accessibility requirements; or
  • any other accessibility law, regulation, technical standard or guideline.

Website accessibility depends on many factors outside Welcoma’s control, including:

  • website source code;
  • themes and templates;
  • third-party plugins;
  • external applications;
  • website content;
  • PDFs and documents;
  • video and audio;
  • alternative text;
  • forms;
  • navigation structure;
  • design decisions;
  • content updates; and
  • changes made after a scan or assessment.

Customers remain responsible for evaluating the accessibility requirements applicable to their website or organisation.

Welcoma is an accessibility-support technology and does not provide a legal certification of compliance.

7. Accessibility Scans and Reports

Welcoma may provide automated website scanning, monitoring or reporting functionality.

Automated accessibility testing has inherent technical limitations.

A Welcoma scan may therefore:

  • identify certain accessibility issues;
  • fail to detect certain accessibility issues;
  • produce false positives;
  • require human verification; or
  • provide recommendations that require technical interpretation.

A scan result, accessibility score or report should not be interpreted as a legal certification that a website complies or does not comply with a particular law or accessibility standard.

Manual testing, assistive-technology testing, user testing and professional accessibility assessment may still be necessary.

Customers are responsible for deciding whether and how scan recommendations are implemented.

8. Accessibility Statements and Legal Information

Welcoma may provide functionality that assists customers in creating accessibility statements or similar website information.

Any automatically generated or template-based statement is provided as an assistance tool and draft.

The customer remains responsible for:

  • checking the accuracy of the statement;
  • ensuring that the information reflects the customer’s actual website;
  • updating the statement when circumstances change;
  • determining which legal requirements apply; and
  • obtaining professional or legal advice where appropriate.

Welcoma does not provide legal advice and does not guarantee that a generated accessibility statement satisfies every legal requirement applicable to a particular customer or jurisdiction.

9. AI-Generated and AI-Assisted Functionality

Some Welcoma features may use artificial intelligence or automated systems.

These may include:

  • plain-language generation;
  • text simplification;
  • translations;
  • accessibility recommendations;
  • remediation suggestions;
  • summaries;
  • content suggestions;
  • accessibility analysis; and
  • other AI-assisted outputs.

Welcoma may use third-party artificial-intelligence providers, including OpenAI and Google Gemini, to provide certain functionality.

AI-generated output can contain:

  • errors;
  • inaccurate information;
  • omissions;
  • inappropriate wording;
  • unexpected results; or
  • technically or legally unsuitable recommendations.

Customers must review AI-generated output before publishing, implementing or relying upon it.

Welcoma does not guarantee the accuracy, completeness or suitability of AI-generated output.

Customers should not use Welcoma AI functionality as a substitute for professional legal, accessibility, security or other specialist advice.

Information regarding the processing of personal data in connection with AI functionality is provided in our Privacy Policy

10. Registration and Customer Accounts

Certain Welcoma functionality requires a customer account.

When registering, you must provide accurate and current information.

You are responsible for maintaining the accuracy of your account information.

You are also responsible for keeping confidential:

  • passwords;
  • login credentials;
  • API keys;
  • licence keys;
  • authentication information; and
  • other security credentials associated with your account.

You must take reasonable measures to prevent unauthorised access to your account.

You must notify Welcoma without undue delay at info@welcoma.app if you become aware of:

  • unauthorised access;
  • compromised credentials;
  • misuse of an API or licence key; or
  • another security incident affecting your Welcoma account.

Unless your selected plan expressly permits additional users, customer accounts may not be shared with unauthorised persons.

11. Customer Websites and Authorisation

You may connect Welcoma only to websites and domains that:

  • you own;
  • you operate;
  • you administer; or
  • you are otherwise authorised to manage.

You may use website-scanning or testing functionality only on websites for which you have sufficient permission.

You must not use Welcoma to conduct unauthorised security testing, accessibility scanning, crawling or other automated activity against third-party systems.

Where you act on behalf of a customer or client, you are responsible for obtaining all permissions required to connect, scan or otherwise process that customer’s website.

12. Free Plan

Welcoma may offer a free plan containing a limited selection of features.

Unless expressly stated otherwise:

  • ● no payment information is required for the Free plan;
  • ● the Free plan does not automatically convert into a paid plan; and
  • ● use of the Free plan does not create an entitlement to paid functionality.

Welcoma may reasonably modify the scope of a free service, introduce usage limitations, add or remove free features, or discontinue free functionality.

Where reasonably practicable, we will provide advance notice of material changes to an established Free-plan feature.

Mandatory legal rights remain unaffected.

13. Paid Plans and Licence Scope

Welcoma may offer paid plans including Pro, Business, Agency and other plans introduced from time to time. Each paid plan may specify limitations such as:

  • number of websites;
  • number of domains;
  • account users;
  • included functionality;
  • credits;
  • AI usage;
  • scanning usage;
  • support level; or
  • other usage allowances.

A paid licence grants you a limited, non-exclusive and non-transferable right to use the applicable Welcoma service during the relevant licence period and within the limits of your purchased plan.

You do not acquire ownership of Welcoma’s proprietary platform or hosted services.

You may not intentionally circumvent technical or contractual usage restrictions.

14. Agency and Client Use

Where an Agency plan or another plan expressly permits use on customer or client websites, you may install or manage Welcoma for those clients within the website or domain limits included in your plan.

You remain responsible for ensuring that:

  • you have permission to manage the relevant client websites;
  • client installations comply with these Terms;
  • API and account credentials are handled securely; and
  • you do not exceed the applicable plan limits.

An Agency plan does not permit resale, white-labelling, sublicensing or redistribution of Welcoma as an independent product unless the applicable plan or a separate written agreement expressly permits it.

15. WordPress Plugin and Open-Source Components

Certain Welcoma software components may be distributed under the GNU General Public License (GPL) or another applicable open-source licence.

Where an open-source licence applies to a particular software component, that licence governs the rights granted in relation to that component.

These Terms continue to govern, where applicable:

  • Welcoma customer accounts;
  • paid subscriptions;
  • hosted services;
  • cloud functionality;
  • APIs;
  • licence validation;
  • proprietary content;
  • trademarks;
  • dashboards;
  • paid features;
  • support services; and
  • other services not governed by the applicable open-source licence.

Nothing in these Terms is intended to restrict rights granted under an applicable open-source licence.

16. Prices, VAT and Taxes

The prices applicable to Welcoma products and services are displayed on the relevant pricing page or during checkout.

The total amount payable will be displayed before an order is submitted.

Where legally permitted and clearly indicated, prices for Business Customers may be displayed exclusive of VAT.

For Consumers, pricing information will be provided in accordance with applicable consumer price-information requirements.

Customers are responsible for providing accurate billing and tax information.

Any legally applicable VAT or other tax will be handled in accordance with applicable tax law.

17. Payments

Online payments are currently processed using Stripe.

By purchasing a paid Welcoma product, you authorise the applicable payment provider to process the amount displayed during checkout.

Payment is due at the time stated during checkout or on the relevant invoice.

If a payment:

  • fails;
  • is reversed;
  • is disputed without valid grounds; or
  • becomes overdue,

Welcoma may take reasonable measures to collect amounts lawfully due and may suspend paid functionality where legally permitted.

Where appropriate, we will provide reasonable notice before suspension for non-payment.

Mandatory statutory rights remain unaffected.

18. Annual Subscriptions

Certain Welcoma plans are offered for an initial annual subscription period.

The subscription conditions, including the initial term, renewal arrangements and price, will be displayed during checkout.


Business Customers

For Business Customers, an annual subscription may renew for a further subscription period where this is stated in the applicable offer or checkout information and the subscription has not been cancelled in accordance with the applicable cancellation terms.

Consumers

For Consumers, renewal and cancellation arrangements are subject to mandatory consumer law.

Where German law and § 309 No. 9 BGB apply, an automatic extension after the initial contractual term will not bind the Consumer to another fixed annual term contrary to mandatory law.

Instead, where the contract is automatically extended, it will continue for an indefinite period where required by law and may be terminated by the Consumer with no more than the legally permitted notice period.

Where § 312k BGB or another applicable law requires an online cancellation function, Welcoma will provide the required electronic cancellation functionality.

Detailed cancellation provisions are available in our Cancellation & Withdrawal Policy.

19. Cancellation

Customers may cancel recurring Welcoma subscriptions in accordance with the cancellation rules applicable to the relevant contract.

Cancellation generally prevents future renewal.

Unless otherwise stated or required by law, cancellation does not normally:

  • terminate paid access immediately;
  • reverse the current paid subscription period; or
  • create a right to a proportional refund for an already paid period.

Paid functionality will generally remain available until the applicable contractual termination date.

Subscription cancellation and Welcoma account deletion are separate processes.

Further information is available in our Cancellation & Withdrawal Policy.

20. Lifetime and One-Time Licences

Welcoma may offer one-time licences, including products marketed as “Lifetime” licences.

The exact scope of a Lifetime licence, including:

  • website limits;
  • included functionality;
  • updates;
  • account access; and
  • any included services,

is determined by the offer presented at the time of purchase.

Unless expressly stated otherwise, “Lifetime” refers to the commercial lifetime of the relevant Welcoma product or service while that product is actively offered, operated or technically maintained by webAufstieg GmbH.

It does not mean the lifetime of the individual purchaser and does not create an unconditional obligation for webAufstieg GmbH to operate a particular product indefinitely.

A Lifetime licence does not automatically include:

  • newly introduced products;
  • separately priced services;
  • new paid modules;
  • additional credits;
  • third-party service charges; or
  • functionality expressly sold separately.

Mandatory statutory rights remain unaffected.

21. Add-ons, Credits and Usage-Based Services

Welcoma may offer add-ons and usage-based features, including plain-language functionality or other credit-based services.

The relevant offer will specify, where applicable:

  • ● number of included credits;
  • ● how usage is measured;
  • ● website or page limits;
  • ● expiry or validity period;
  • ● renewal conditions;
  • ● rollover arrangements; and
  • ● price.

Unless expressly permitted, purchased credits:

  • are linked to the purchasing account;
  • may not be resold;
  • may not be transferred to an unrelated account; and
  • have no cash value.

Where usage is calculated according to content length, pages, requests or another metric, the applicable calculation method will be stated in the relevant pricing or product information.

22. Statutory Right of Withdrawal

Consumers may have a statutory right of withdrawal in relation to distance contracts.

Detailed information regarding:

  • the applicable withdrawal period;
  • how to exercise the right;
  • the effects of withdrawal;
  • digital services beginning during the withdrawal period;
  • electronically supplied digital content; and
  • the model withdrawal form

is provided in Welcoma’s Cancellation & Withdrawal Policy.

Where required by law, Welcoma will also provide an electronic withdrawal function.

Nothing in these Terms restricts mandatory statutory withdrawal rights.

23. Customer Content

Customers may provide or make available website text, URLs, configuration information, accessibility data, instructions or otherv content in connection with Welcoma services (“Customer Content”).

Ownership of Customer Content remains with the customer or the relevant rights holder.

The customer grants Welcoma a limited, non-exclusive right to access, process, reproduce, transmit and technically modify Customer Content only to the extent reasonably necessary to:

  • provide the requested Welcoma service;
  • perform accessibility scans;
  • generate reports;
  • provide AI or translation functionality;
  • process customer instructions;|
  • provide technical support;
  • secure and maintain the service; or
  • comply with legal obligations.

This right exists only for the purposes necessary to provide and operate the applicable service.

Customers must ensure that they have all rights, permissions and lawful bases required for the Customer Content they submit or make available to Welcoma.

24. Acceptable Use

Customers must use Welcoma lawfully and responsibly.

You must not:

  • use Welcoma for unlawful, fraudulent, deceptive or abusive activity;
  • interfere with the operation or security of Welcoma;
  • attempt to gain unauthorised access to systems or accounts;
  • distribute malware or malicious code;
  • circumvent licence or usage restrictions;
  • intentionally exceed technical limits through artificial or abusive activity;
  • use another person’s credentials without permission;
  • attempt to extract source code from proprietary hosted functionality except wherepermitted by law or an applicable open-source licence;
  • conduct unauthorised scanning of third-party websites;
  • infringe intellectual-property rights;
  • upload or process unlawful content;
  • use Welcoma in violation of applicable privacy or data-protection law; or
  • use Welcoma in a way that creates an unreasonable security or infrastructure risk.

Welcoma may apply reasonable technical measures to protect the service against misuse.

25. Updates and Technical Requirements

Welcoma may provide:

  • security updates;
  • bug fixes;
  • compatibility updates;
  • functionality improvements;
  • browser compatibility changes;
  • WordPress compatibility updates; and
  • other software updates.

Customers are responsible for maintaining a reasonably supported technical environment.

This may include maintaining current or supported versions of:

  • WordPress;
  • web browsers;
  • themes;
  • plugins;
  • PHP;
  • server software; and
  • other relevant technologies.

Failure to install necessary updates or use supported technology may affect Welcoma functionality.

Mandatory obligations relating to updates for consumer digital products remain unaffected.

26. Support

Welcoma may provide technical support depending on the selected plan.

Support may include assistance relating to:

  • account access;
  • installation;
  • configuration;
  • licence activation;
  • billing;
  • technical errors; and
  • use of Welcoma functionality.

Support does not automatically include:

  • custom website development;
  • manual WCAG audits;|
  • legal advice;
  • complete accessibility remediation;
  • third-party software troubleshooting; or
  • custom programming,

unless expressly included in the purchased plan or separately agreed.

Customers must provide information reasonably necessary for Welcoma to investigate a support request.

27. Service Availability and Maintenance

Welcoma aims to provide reliable services but does not guarantee uninterrupted or error-free availability unless a separate Service Level Agreement expressly provides otherwise.

Temporary interruptions may occur because of:

  • scheduled maintenance;
  • emergency maintenance;
  • security updates;
  • infrastructure incidents;
  • hosting issues;
  • internet outages;
  • third-party service failures;
  • CMS or browser changes;
  • API failures;
  • force majeure; or|
  • other circumstances outside our reasonable control.

Where reasonably possible, Welcoma will seek to minimise material disruption and provide notice of planned maintenance affecting paid services.

28. Third-Party Services and Integrations

Certain Welcoma functionality depends on third-party providers.

These may include services relating to:

  • hosting;
  • payment processing;
  • artificial intelligence;
  • translation;
  • email infrastructure;
  • APIs; and
  • other technical services.

Third-party services may be subject to independent availability, technical limitations and terms.

Welcoma may replace a third-party provider or integration where reasonably necessary for:

  • security;
  • service continuity;
  • technical improvement;
  • legal compliance;|
  • commercial availability; or
  • functionality.

Where a change materially affects a paid service, applicable contractual and statutory customer rights will be respected.

29. Intellectual Property and Welcoma Branding

Except for Customer Content, open-source components and third-party materials, Welcoma and its licensors retain all intellectual-property rights in and to:

  • the Welcoma name;
  • Welcoma trademarks and logos;
  • website design;
  • proprietary software;
  • dashboards;
  • hosted services;
  • documentation;
  • graphics;
  • proprietary databases;
  • reports and templates created by Welcoma; and
  • other original Welcoma content.

No intellectual-property rights are transferred to customers except for the limited usage rights expressly granted under these Terms or an applicable open-source licence.

You may not use Welcoma trademarks or branding in a manner that falsely suggests endorsement, partnership or affiliation without permission.

30. Data Protection

Welcoma processes personal data in accordance with the Welcoma Privacy Policy.

Where webAufstieg GmbH processes personal data on behalf of a customer as an Auftragsverarbeiter / processor within the meaning of Article 28 GDPR, an appropriate Data Processing Agreement may apply where required.

Customers remain responsible for:

  • their own website privacy compliance;
  • providing required privacy information to their website visitors;
  • identifying an appropriate legal basis for their own processing activities;
  • obtaining consent where legally required; and
  • using Welcoma in accordance with applicable privacy and electronic-communications law.

The use of Welcoma does not replace a customer’s own data-protection obligations.

31. Suspension of Services

Welcoma may temporarily suspend or restrict access to a service where reasonably necessary because of:

  • overdue payment;
  • a material violation of these Terms;
  • suspected fraud or abuse;
  • an immediate security risk;
  • unauthorised use;
  • unlawful activity;
  • infringement of third-party rights;
  • excessive technical misuse; or
  • a binding legal or regulatory requirement.

Where reasonably possible and appropriate, Welcoma will notify the customer and provide an opportunity to remedy the issue before suspending a paid service.

Immediate suspension may be necessary where delay could cause:

  • security damage;
  • harm to other customers;
  • unlawful activity;
  • infrastructure disruption; or
  • significant legal risk.

Access may be restored once the reason for suspension has been resolved.

32. Termination by Welcoma

Welcoma may terminate a customer relationship for material cause where the customer seriously breaches these Terms or applicable law.

Where the breach can reasonably be remedied, Welcoma will generally provide an appropriate opportunity to remedy the breach before terminating the affected paid service.

Immediate termination may be appropriate in serious circumstances, including:

  • deliberate fraud;
  • malicious attacks;
  • serious security abuse;
  • repeated material violations;
  • unlawful use; or
  • conduct creating a substantial risk to Welcoma or third parties.

If Welcoma permanently terminates a prepaid paid service during its paid term for reasons not caused by the customer and without providing the contracted service, Welcoma will address any unused prepaid amount in accordance with the contract and applicable law.

Welcoma may also discontinue a product or elect not to continue a contractual relationship where legally permitted, subject to applicable notice periods and mandatory customer rights.

33. Effects of Termination

When a paid licence or subscription ends:

  • the customer’s right to use paid functionality ends at the applicable termination date;
  • connected websites may revert to available free functionality where technically supported;
  • licence validation or hosted paid functionality may stop;
  • outstanding payment obligations remain due; and
  • provisions intended by their nature to survive termination remain effective.

Termination does not automatically require deletion of information that Welcoma must retain because of statutory obligations.

Account deletion and personal-data retention are governed by the Privacy Policy.

34. Consumer Rights, Digital Products and Defects

Consumers retain all mandatory statutory rights concerning digital products and digital services.

These may include rights relating to:

  • contractual conformity;
  • provision of digital services;
  • necessary updates;
  • defects;
  • remedies;
  • price reduction;
  • termination; and
  • reimbursement.

Nothing in these Terms excludes or limits consumer rights that cannot legally be excluded or restricted.

For Business Customers, applicable statutory warranty rights remain in effect unless they are validly modified through a separate contractual arrangement.

Descriptions of features or functionality do not constitute a guarantee in the legal sense unless expressly identified as such.

35. Liability

webAufstieg GmbH is liable without limitation:

  • for intentional conduct;
  • for gross negligence;
  • for injury to life, body or health;
  • where liability is mandatory under applicable product-liability law;
  • where defects have been fraudulently concealed; and
  • where an express guarantee has been assumed.

In cases of simple negligence, webAufstieg GmbH is liable where an essential contractual obligation has been breached.

Essential contractual obligations are those whose fulfilment is necessary for the proper performance of the agreement and on whose fulfilment the customer may reasonably rely.

In such cases, liability is limited to the foreseeable damage typical for this type of agreement.

To the extent legally permissible, liability for simple negligence is otherwise excluded.

Nothing in these Terms limits mandatory statutory liability or mandatory consumer rights.

In particular, Welcoma does not assume responsibility for:

  • guaranteeing a customer’s legal accessibility compliance;
  • preventing accessibility complaints or legal claims;
  • legal interpretations made by a customer;
  • accessibility certifications not expressly provided by Welcoma;
  • customer modifications to a website;
  • third-party website content;
  • failures caused by unsupported or outdated customer technology; or
  • decisions made solely in reliance on automated scans, AI output or generated recommendations.

36. Business Customer Responsibility for Third-Party Claims

This section applies only to Business Customers.

To the extent a third-party claim results from a Business Customer’s culpable:

  • unlawful Customer Content;
  • infringement of third-party rights;
  • unauthorised scanning or processing of a third-party website; or
  • intentional or negligent unlawful use of Welcoma,

the Business Customer is responsible for the resulting claim in accordance with applicable law.

Welcoma will inform the Business Customer of relevant claims where appropriate and provide reasonable cooperation in the defence of the claim.

This provision does not apply to the extent that Welcoma caused or is responsible for the relevant infringement.

37. Force Majeure

Neither party is responsible for a failure or delay in performance to the extent caused by circumstances beyond its reasonable control, subject to mandatory law.

Such circumstances may include:

  • natural disasters;
  • war;
  • civil unrest;
  • government measures;
  • widespread internet outages;
  • major infrastructure failures;
  • cyberattacks despite reasonable protective measures;
  • labour disputes;
  • epidemics or pandemics; or
  • comparable extraordinary events.

This provision does not excuse payment obligations for services already properly provided.

38. Changes to Welcoma Services

Welcoma may reasonably modify its services for purposes including:

  • security;
  • technical development;
  • compatibility;
  • bug fixes;
  • accessibility improvements;
  • legal compliance;
  • prevention of abuse; or
  • improvement of functionality.

Welcoma will not materially remove core paid functionality during a prepaid contractual period without legitimate reason and appropriate consideration of the customer’s contractual and statutory rights.

If a material change substantially reduces a paid service, customers will receive any remedy required under the applicable contract or mandatory law.

39. Changes to These Terms

Welcoma may amend these Terms for future contracts at any time.

For existing continuing contractual relationships, material changes will be communicated in advance where required.

Changes to an existing Consumer contract will be made only where a valid contractual or legal basis permits the change.

Where applicable law requires customer consent, the change will not become effective without the required consent.

Where a material change gives a customer a statutory right to terminate, that right will remain unaffected.

Changes do not apply retroactively unless legally permitted and validly agreed.

40. Electronic Communications

Communications relating to Welcoma may be provided electronically, including through:

  • email;
  • the Welcoma dashboard;
  • account notifications; or
  • notices on welcoma.app.

Customers are responsible for maintaining a valid email address associated with their account.

This provision does not replace any legally required form of notice.

41. Consumer Dispute Resolution

webAufstieg GmbH is neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board, unless participation is required by mandatory law.

Mandatory consumer rights to pursue claims before competent courts remain unaffected.

42. Governing Law

The law of the Federal Republic of Germany applies to these Terms and contractual relationships with Welcoma, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), to the extent legally permissible.

For Consumers, this choice of law does not deprive the Consumer of mandatory protection provided by the law of the country in which the Consumer has their habitual residence where such protection is applicable.

43. Jurisdiction

Where the customer is:

  • a merchant;
  • a legal entity under public law; or
  • a special fund under public law,

the courts having jurisdiction at the registered office of webAufstieg GmbH shall have jurisdiction to the extent legally permissible.

Mandatory statutory jurisdiction rules for Consumers remain unaffected.

44. Severability

If an individual provision of these Terms is or becomes invalid or unenforceable, the validity of the remaining provisions is not affected.

The applicable statutory provision will apply in place of the invalid or unenforceable provision.

This does not affect mandatory consumer-protection provisions.

45. Order of Precedence

The customer’s specific order information, including:

  • selected plan;
  • price;
  • billing period;
  • website or domain limit;
  • included credits; and
  • expressly purchased add-ons,

forms part of the contractual agreement.

In the event of a conflict, the following order generally applies:

1. an individually negotiated written agreement;
2. the specific order or checkout terms;
3. product-specific terms, where applicable; and
4. these general Terms and Conditions.

Mandatory law always takes precedence.

46. Contact

If you have questions regarding these Terms, your Welcoma account, licence, subscription or use of the service, please contact:

webAufstieg GmbH
Anton-Huber-Straße 20
73430 Aalen
Germany

Email: info@welcoma.app
Phone: +49 7361 6339046