Last updated: [DD Mon YYYY]
1. Scope
These Terms of Service ("Terms") govern the use of the Software-as-a-Service platform "Campaign Collaboration OS" (the "Platform") by commercial customers ("Customer"). The Platform is operated by the company named in the Imprint (the "Provider").
These Terms apply exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, and public-law special funds. There is no use of the Platform by consumers (§ 13 BGB).
2. Service description
The Platform provides a collaborative environment for affiliate-marketing campaigns. It includes in particular:
- Management of campaigns, publisher assignments, and briefings
- Upload and management of creative assets
- Capture and analysis of reporting data
- An audit trail of every mutation
- Communication between Customer and publishers
The feature scope may be adjusted in the course of contractual development. Material changes will be announced with reasonable advance notice.
3. Contract formation and use
The contract is formed by Provider's confirmation of Customer's registration. Open self-registration is currently not available; access is granted by invitation only.
4. Pricing and payment
Fees follow Provider's individual offer (placeholder — pricing model to be set before the first paying customer; see Stage 4 of the roadmap). All prices are net, exclusive of any applicable VAT.
5. Customer obligations
Customer shall:
- keep access credentials confidential and report any abuse immediately to
[security@newworkation.com]; - not upload any unlawful or rights-infringing content (trademark, copyright, personality rights);
- comply with applicable marketing and advertising regulations (in particular UWG, TMG, MStV);
- ensure the lawful basis for any processing of third-party personal data carried out via the Platform.
6. Data protection and processing
To the extent Provider processes personal data on behalf of Customer, the separately concluded Data Processing Agreement (DPA / AVV) under Art. 28 GDPR applies. A standard template is available [here or upon request].
Beyond that, the Privacy Policy applies.
7. Availability
Provider targets 99 % availability of the Platform on annual average, without giving this as an express guarantee. Maintenance windows will, where reasonable, be announced in advance. A contractually committed SLA is granted by individual agreement (placeholder — SLA tiers are defined in Stage 4).
8. Liability
Provider's liability is unlimited for intent and gross negligence as well as for injury to life, body, or health.
For simple negligence, Provider is liable only for the breach of essential contractual obligations (cardinal obligations). In that case liability is limited to the typical, foreseeable damage. Liability beyond this — in particular for lost profits, indirect damages, or data loss not caused by Provider — is excluded to the extent permitted by applicable law.
Liability under the German Product Liability Act remains unaffected.
9. Data export and termination
At Customer's request, Provider will make Customer's data available in a common, machine-readable format. The export is offered for 30 days after termination of the contract; thereafter the data is deleted unless a statutory retention requirement applies.
10. Final provisions
- Governing law: The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.
- Jurisdiction: Exclusive jurisdiction for all disputes arising out of or in connection with this contract lies with the courts at [Provider's registered seat].
- Severability: If any provision of these Terms is or becomes invalid, the validity of the remaining provisions is not affected.
- Form: Amendments and supplements to this contract require text form.