Translation of the Allgemeine Geschäftsbedingungen. The German version is legally binding.
These general terms and conditions apply to the use of CachePilot and of the beta account on getcachepilot.com. During the beta, use is free of charge; the beta terms apply in addition.
Section 1 Provider and scope
(1) Provider and contracting party is Patrick Schlesinger (CMS ADMINS), Parkstraße 19, 80339 München, Germany, phone +49-89-21550588-8, email support@cms-admins.de, VAT ID DE286406472 (“we”).
(2) These terms apply to all contracts on the use of CachePilot, the beta account and the related services that are concluded through the website getcachepilot.com.
(3) Our offer is aimed exclusively at business customers. Only a business can be a customer, that is a natural or legal person or a partnership with legal capacity acting in the exercise of its commercial or independent professional activity when concluding the contract (section 14 German Civil Code) (“customer”). When signing up, the customer confirms that they act as a business. Consumers (section 13 German Civil Code) may not sign up.
(4) Deviating terms of the customer do not apply, even if we do not expressly object to them. CachePilot Server and the ISPConfig extension are subject to a separate written contract; these terms apply there only insofar as the contract refers to them.
(5) The contract languages are German and English. The German version is decisive.
Section 2 Definitions
- CachePilot: the WordPress plugin CachePilot (object cache for Redis, page cache, minify and Autopilot), licensed under the GNU General Public License, version 2 or later (GPL).
- CachePilot Server: our software for running Redis instances for hosting providers.
- ISPConfig extension: the extension “CachePilot Server for ISPConfig”, with which customers of a hosting provider manage Redis instances in ISPConfig.
- Beta account: the customer’s account on getcachepilot.com, through which they download CachePilot, give feedback and receive the newsletter.
- Portal: the pages under getcachepilot.com/account/ with sign-up, login, download, feedback and settings.
- Services: providing the download, updates through our update server, the beta account and support according to section 7.
Section 3 Services and licenses
(1) The program code of CachePilot is licensed under the GPL. The rights under the GPL to the code the customer has received remain unaffected by these terms and do not end with the contract.
(2) The subject of the contract are the services: download, updates and support. During the beta we provide them free of charge. There is no claim to particular functions of CachePilot.
(3) CachePilot Server and the ISPConfig extension are not licensed under the GPL. They are licensed under a proprietary license of CMS ADMINS and are only provided on request under a separate contract. Without this contract the customer has no rights to this software.
(4) Trademarks and logos of CachePilot and CMS ADMINS are not licensed under the GPL. The customer may not use them in a way that makes their own offer appear to be ours.
Section 4 Beta account
(1) A beta account is required for the download. The information must be true and complete; the email address is verified with a confirmation link.
(2) The customer keeps their password secret. If there is a suspicion that third parties know it, they change it without delay.
(3) The customer can delete their beta account in the account at any time. The contract ends with it.
Section 5 Conclusion of the contract
(1) The presentation of CachePilot on getcachepilot.com is not a binding offer.
(2) By submitting the sign-up in the portal, the customer makes an offer to conclude a contract on the use of the services. The contract is concluded when we activate the beta account and confirm this by email. There is no claim to activation.
(3) We store the sign-up and the version of these terms and of the beta terms that the customer accepted. The current version is on this page. The customer can print or save this page.
Section 6 Term and end
(1) The contract runs for an indefinite period. The customer can end it at any time by deleting their beta account or by informing us in text form, for example by email to support@cms-admins.de.
(2) We can end the contract with two weeks’ notice in text form. The end of the beta is governed by the beta terms.
(3) The right of both parties to terminate for good cause remains unaffected. Good cause for us exists in particular if the customer violates section 8 despite a warning or gave false information when signing up, for example about being a business.
(4) After the contract ends, CachePilot keeps running on the customer’s sites. Download, updates and support end.
Section 7 Availability and support
(1) We operate the portal and the update server with due care on our own infrastructure in Germany. We do not promise a particular availability. An outage of the services does not affect the customer’s sites; CachePilot keeps running without a connection to our servers.
(2) Support is available by email to support@cms-admins.de and through the feedback in the beta account, without a promised response time.
(3) Support does not include setting up, programming or reviewing the customer’s sites or servers. We offer such services separately on the basis of a quote.
Section 8 Obligations of the customer
- The customer uses the services only lawfully and does not pass on access to the beta account to third parties.
- They do not attack the services, do not circumvent protective measures such as rate limits and do not query them automatically beyond the intended extent.
- They back up their sites and data themselves before installing or updating CachePilot, and test new versions on a test environment first where possible.
- They are responsible for the content, operation and data protection of their sites themselves.
Section 9 Rights in case of defects
(1) As long as we provide the services free of charge, we are liable for defects only if we fraudulently concealed them. Otherwise the statutory rights in case of defects apply.
(2) Claims for defects become time-barred one year after provision, except in cases of intent, fraud and the cases of section 10 (1).
Section 10 Liability
(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and insofar as we have given a guarantee.
(2) In case of slight negligence we are only liable for the breach of an essential 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 customer may regularly rely. Liability is then limited to the foreseeable damage typical for the contract.
(3) For the loss of data we are only liable up to the effort that would have been necessary for recovery if the customer had backed up data regularly.
(4) For the free code under the GPL we are only liable for intent, gross negligence and according to paragraph 1; otherwise the disclaimer of warranty of the GPL applies, insofar as the law permits it.
(5) These rules also apply to our employees, representatives and vicarious agents.
Section 11 Data protection
(1) How we process personal data is described in the privacy policy.
(2) CachePilot stores data of the customer’s sites on the customer’s own Redis server; we do not receive these data. If we process personal data on behalf of the customer, we conclude a data processing agreement according to Article 28 GDPR beforehand.
Section 12 Changes to these terms
(1) We can change these terms for future contracts at any time. For running contracts we announce changes in text form at least six weeks before they take effect.
(2) For running contracts, changed terms apply only if the customer agrees. If they do not agree, the contract continues under the previous terms; our right under section 6 (2) remains unaffected.
Section 13 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) The place of jurisdiction for all disputes arising from this contract is Munich if the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany.
(3) If individual provisions are invalid, the rest of the contract remains valid. The invalid provision is replaced by the statutory provision.