1. Scope and provider
(1) These Terms & Conditions ("Terms") apply to all contracts for the use of the iMaxWeb platform (imaxweb.de) between you and IngeniousWare GmbH, Brauerstraße 3a, 76137 Karlsruhe, Germany, represented by its managing director Dr.-Ing. Idel Montalvo Arango, registered in the commercial register of the Local Court (Amtsgericht) of Mannheim under HRB 719806, VAT ID DE 295429246 ("we", "us").
Contact: phone +49 (0)721 9158 5212, email imontalvo@ingeniousware.net
(2) iMaxWeb is primarily intended for businesses (entrepreneurs within the meaning of Section 14 of the German Civil Code, BGB). Consumers within the meaning of Section 13 BGB may also use iMaxWeb. Provisions that apply only to businesses or only to consumers are marked accordingly.
(3) Any deviating, conflicting or supplementary terms of yours only become part of the contract if we expressly agree to them in text form. Individual agreements take precedence over these Terms.
(4) The contract language is German. Only the German version of these Terms is legally binding; translations are provided for your information only.
2. Registration, conclusion of contract and account
(1) To use iMaxWeb, you create an account. When you complete the registration, a contract for the use of the free level is concluded between you and us. You must have full legal capacity. If you act on behalf of a business, you confirm that you are authorised to represent it.
(2) You order paid levels, add-ons, AI unit packs and assistance services in the app or via our pricing page. Before submitting your order you see an overview of the service, the price and the billing period and can correct your details. By clicking the order button you make a binding offer. The contract is concluded when we confirm the order, or at the latest when the ordered service is activated.
(3) You manage your content and settings in a workspace. You are responsible to us for actions taken through your account or workspace to the extent you are accountable for them.
(4) The information you provide when registering and ordering must be true and complete. Please keep it up to date.
(5) You can access, save and print these Terms on this page at any time.
3. iMaxWeb services
(1) iMaxWeb is an online platform for businesses. Depending on the level and add-ons you choose, it includes in particular:
– AI-assisted creation, editing, hosting and publication of websites under your own domain or an imaxweb.de address
– multilingual content and a business profile
– an inbox for customer enquiries and contact forms
– campaign links and QR codes
– connections to Google Business Profile, Google Search Console and Google Analytics, and an acquisition dashboard
– online courses with registrations, lessons and videos, and events
– memberships and subscription plans that you sell to your own customers via Stripe Connect
– menus and reservations for restaurants
– features for real estate and metering
– AI features billed by consumption in AI units
– optional paid assistance services, e.g. setup or design by our team
(2) The features, quotas and limits included in your level are those shown on the pricing page or in the app at the time of your order.
(3) We continuously develop iMaxWeb. We may change, add or replace features as long as this is reasonable for you and does not impair the agreed essential services of your paid level. We may also restrict or discontinue features of the free level with reasonable notice.
(4) If you use your own domain, you are responsible for its registration, renewal and the required DNS settings, unless we have expressly agreed to provide this as a service.
4. Levels, prices and payment
(1) iMaxWeb offers a free level as well as paid levels and add-ons. The prices, contents and limits shown on the pricing page or in the app at the time of your order apply.
(2) For businesses, all prices are net prices plus the applicable statutory VAT. For consumers, total prices including VAT are shown.
(3) Subscriptions are billed monthly or yearly in advance, as you choose. Payment is processed by our payment service provider Stripe using the payment methods offered there. You can find your invoices in the app; you agree to receive invoices electronically.
(4) AI unit packs and assistance services are billed at the prices shown when ordering or in the respective offer.
(5) An upgrade to a higher level takes effect when ordered and is billed as shown at that time. A downgrade to a lower level takes effect at the end of the current billing period.
(6) If a payment fails or you are in default of payment, we may ask you to pay and, after prior notice, suspend paid features until payment is received. Your data is retained. Further statutory rights remain unaffected.
(7) You may only set off claims that are undisputed or have been finally established by a court.
5. 30-day money-back guarantee
(1) You can cancel a paid subscription within 30 days of its first payment without giving reasons and will then receive a full refund of the subscription payments made.
(2) The guarantee can be used once per workspace or customer.
(3) The following are not refunded: AI unit packs already used, assistance services already performed and platform fees on sales already made.
(4) After you use the guarantee, your workspace returns to the free level. Your data is kept; content that exceeds the limits of the free level can then only be viewed, not edited.
(5) The guarantee is a voluntary benefit in addition to your statutory rights, in particular any right of withdrawal as a consumer. It does not limit these rights.
6. Term, cancellation and change of level
(1) The contract for the free level runs for an indefinite period. You can cancel it at any time.
(2) Paid subscriptions renew automatically for the chosen billing period (one month or one year) unless you cancel beforehand.
(3) You can cancel a subscription at any time, effective at the end of the current billing period, directly in the app. You can continue to use the services until then; afterwards your workspace returns to the free level and its limits apply. Amounts already paid for the current period are not refunded pro rata, subject to the money-back guarantee and mandatory statutory rights.
(4) In addition, for consumers: after the initial term has expired, you can cancel a tacitly renewed subscription at any time with one month's notice.
(5) We may terminate the contract with 30 days' notice. If you have already paid for a period after our termination takes effect, we will refund the pro rata amount.
(6) The right of both parties to terminate for cause remains unaffected. Cause exists for us in particular if, despite a warning, you materially breach these Terms, publish unlawful content or are significantly in default of payment.
(7) You can give notice of cancellation in the app or in text form (e.g. by email).
(8) Please back up your content in good time before the contract ends. After the contract ends, we delete your data in accordance with our privacy policy and any data processing agreement, unless statutory retention obligations prevent this.
7. Withdrawal information for consumers
This section applies only if you are a consumer.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.
To exercise the right of withdrawal, you must inform us (IngeniousWare GmbH, Brauerstraße 3a, 76137 Karlsruhe, Germany, phone +49 (0)721 9158 5212, email imontalvo@ingeniousware.net) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
End of withdrawal information
Note: Under the statutory provisions (Section 356 (4) and (5) BGB), the right of withdrawal may expire early if, with your express consent and your acknowledgement that you thereby lose your right of withdrawal, we have fully performed the service or begun supplying digital content before the withdrawal period expires.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
– To IngeniousWare GmbH, Brauerstraße 3a, 76137 Karlsruhe, Germany, email: imontalvo@ingeniousware.net
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
– Date
(*) Delete as appropriate.
8. Your obligations and acceptable use
(1) You are responsible for all content you create, upload, publish or send via iMaxWeb, including content generated with the help of AI.
(2) In particular, you undertake
– to publish only content that complies with applicable law and does not infringe third-party rights (e.g. copyright, trademark, personality or data protection rights);
– to provide and keep up to date your own legal notice (Impressum) and privacy policy for your website. We provide templates for this; they do not replace legal advice, and you are responsible for their accuracy and completeness;
– to upload only content (e.g. texts, images, videos, logos) for which you hold the necessary rights;
– not to use iMaxWeb for spam, unsolicited advertising, phishing, malware, fraud or other abuse, and not to do anything that impairs the platform, its security or other users;
– to keep your login credentials secret, protect them against access by third parties and inform us without delay if you suspect misuse;
– to comply with the terms and policies of connected services such as Google, Meta and Stripe;
– to fulfil your obligations towards your own customers in connection with sales, courses, events, reservations and contact forms (e.g. information obligations, withdrawal information, consent for advertising).
(3) If you breach these obligations or there are concrete indications of unlawful content, we may temporarily block or take offline the content concerned and, in serious cases, suspend your account in whole or in part. In doing so, we take your legitimate interests into account, choose the least severe suitable measure and inform you where permitted.
(4) You indemnify us against third-party claims based on a breach of your obligations under this section for which you are responsible, including reasonable costs of legal defence.
9. Rights of use
(1) The rights to your content remain with you. For the term of the contract, you grant us a simple (non-exclusive), royalty-free right to store, reproduce, technically adapt and make your content publicly available to the extent necessary to provide our services (e.g. hosting and publishing your website).
(2) iMaxWeb, the underlying software and the templates, designs and other content we provide are protected by copyright. For the term of the contract, you receive a simple (non-exclusive), non-transferable right to use them within the scope of your level for your website and your business.
(3) Unless expressly permitted by law, you may not copy, modify, decompile or make available to third parties the iMaxWeb software.
10. AI features and AI units
(1) iMaxWeb uses artificial intelligence, e.g. to create and edit website content and for translations. AI-generated results may be incorrect, incomplete, outdated or unsuitable for your purpose. We give no guarantee as to their accuracy, completeness or legal permissibility.
(2) Check AI-generated content carefully before publishing it and adapt it where necessary. By publishing it, you adopt the content as your own.
(3) Only enter content and data into AI features that you are entitled to use.
(4) AI features are billed by consumption in AI units. How many AI units are included in your level, how many AI units a feature consumes and the terms on which you can buy additional AI unit packs are shown in the app or on the pricing page at the time of your order. Once your AI units are used up, the use of AI features may be restricted until AI units are available again.
11. Sales to your customers (Stripe Connect)
(1) With iMaxWeb you can sell memberships and subscription plans to your own customers. Payments are processed via Stripe Connect. For this you need your own Stripe account and must accept Stripe's terms.
(2) Contracts with your customers are concluded exclusively between you and your customers. We are neither a party to these contracts nor the seller. You are responsible towards your customers for your offer, prices, performance, invoicing, taxes, consumer rights, refunds and chargebacks.
(3) We receive a platform fee for sales made via iMaxWeb. Its amount is shown to you in the app at the relevant time. Stripe's fees are governed by Stripe's terms.
(4) We have no influence on payment processing, payouts or account reviews by Stripe.
12. Connected third-party services
(1) iMaxWeb lets you connect third-party services, e.g. Google Business Profile, Google Search Console, Google Analytics, Meta or Stripe. These services are provided by the respective providers under their own terms and privacy policies; the contract for them is between you and the respective provider.
(2) You decide whether to connect a service and can revoke the connection at any time. By connecting it, you allow us to access the service within the scope you have authorised, to the extent necessary for the respective feature.
(3) We have no influence on the availability, functionality and interfaces of these services. If a provider changes its service, the corresponding feature in iMaxWeb may be restricted or discontinued.
13. Assistance services
(1) You can optionally commission paid assistance services, e.g. the setup or design of your website by our team. Scope and price are set out in the respective offer; billing is as stated there.
(2) Assistance services are services; we only owe a specific result if this has been expressly agreed. So that we can perform the services, you provide us with the necessary information, content and approvals in good time.
(3) You also check content that we create or enter for you before it is published. You remain responsible for the accuracy and legal permissibility of your website's content.
14. Availability and maintenance
(1) We strive for high availability of iMaxWeb and the websites published with it. We only owe a specific availability if this has been expressly agreed.
(2) iMaxWeb may be temporarily restricted or unavailable due to maintenance, security updates and further development. Where possible, we schedule planned maintenance at times of low usage and announce it in advance.
(3) We are not responsible for disruptions caused by circumstances beyond our control, e.g. disruptions of the internet, of domain or DNS providers or of third-party services, or force majeure.
15. Data protection and data processing
(1) You can find out how we process your personal data in our privacy policy.
(2) Where you process personal data of your customers, prospects or other persons via iMaxWeb (e.g. contact enquiries, course registrations, reservations or memberships), you are the controller within the meaning of the GDPR and we process this data as a processor on your instructions. For this purpose we conclude a data processing agreement with you pursuant to Art. 28 GDPR, which you can obtain on request or in the app.
(3) You are responsible for ensuring that the processing of this data is lawful, in particular that you inform the data subjects and obtain any required consent.
16. Liability
(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any quality guarantee we have expressly given.
(2) In the event of a slightly negligent breach of duty, we are only liable if we breach an essential contractual obligation. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In this case our liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.
(3) Otherwise our liability is excluded. Strict liability for defects that already existed when the contract was concluded is excluded.
(4) The above limitations also apply in favour of our legal representatives, employees and vicarious agents.
(5) Mandatory statutory liability provisions, in particular under the GDPR, remain unaffected.
17. Changes to these Terms
(1) We may amend these Terms with effect for the future if there is an objective reason, e.g. a change in the law or case law, new or changed features or closing gaps in the provisions. We do not use this procedure to change the essential main obligations, in particular the prices of running subscriptions.
(2) We will inform you of changes by email or in the app at least six weeks before they are scheduled to take effect.
(3) You can object to the changes until they take effect or, until then, cancel the contract free of charge with effect from the date they take effect. If you do not object and continue to use iMaxWeb after they take effect, the changes are deemed accepted. We will point out this consequence and your right to object and cancel separately in the notice.
(4) If you object, the contract continues on the previous terms; our right to ordinary termination under section 6 remains unaffected.
18. Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer habitually resident in another country, you retain the protection of the mandatory provisions of that country.
(2) If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Karlsruhe. We are also entitled to sue you at your general place of jurisdiction.
(3) Online dispute resolution: the European Commission's former online dispute resolution platform (ODR platform) was discontinued on 20 July 2025. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(4) Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the statutory provisions.