These Terms of Use apply to all legal relationships between Gutknecht Moore GmbH, Haldenweg 10, 78056 Villingen-Schwenningen (hereinafter: "Gutknecht Moore") vis-à-vis the users of its monitoring platform "WAFDog" offered as Software-as-a-Service (SaaS) at https://www.wafdog.com/ (hereinafter referred to as "WAFDog"). Anyone who concludes a contract with Gutknecht Moore for the use of WAFDog is considered a user. Gutknecht Moore addresses its offer exclusively to companies and not to consumers.
Any deviating terms of the user shall not apply unless Gutknecht Moore has expressly confirmed this in writing. Individual agreements always have priority.
The contract language is German and English. The authoritative text shall be the text written in the German language.
The business relations between Gutknecht Moore and the user are subject to the laws of the Federal Republic of Germany.
The place of jurisdiction shall be Villingen-Schwenningen (Germany) if the user is a merchant or a legal person under public law or special assets under public law. Gutknecht Moore is also entitled to sue the user at his seat.
Gutknecht Moore reserves the right to change these General Terms of Use at any time and without giving reasons. The changed conditions will be sent to the users by email at least two weeks before they come into effect. If a user does not object to the validity of the new conditions within 4 weeks after receipt of the email, the amended conditions are deemed to be accepted. Gutknecht Moore will separately point out the significance of this period to the users in the email containing the changed conditions.
With WAFDog, Gutknecht Moore provides users with a platform for independent monitoring and checking of websites for their functionality and security. For this purpose, Gutknecht Moore offers the users various service packages on the WAFDog website for carrying out the monitoring and checking of the websites. Gutknecht Moore guarantees the availability of WAFDog on workdays in Germany during the service time from 7.00 am to 8.00 pm. In its area of responsibility, Gutknecht Moore guarantees an availability during the service time of 99.2% on a monthly average. Availability means the technical possibility of the user to access and use WAF-Dog via telecommunication line. Outside the service time, the software is also made available to the user (24/7), but without any guarantee of availability; however, Gutknecht Moore will endeavour to provide availability.
Gutknecht Moore may restrict access to its services, if the security of the network operation, the maintenance of the network integrity, especially the avoidance of serious disturbances of the network, of WAFDog or stored data, require this. The same applies to the temporary loss of service due to necessary interruptions of operation (maintenance work). In these cases, there is no claim for continuation of the services, nor any claims for reduction or compensation. Gutknecht Moore will inform the user of planned maintenance work in due time in advance by e-mail, unless the prior announcement is not possible or not reasonable in individual cases.
Gutknecht Moore makes every effort to adapt its services to current technical developments and current market trends. Gutknecht Moore therefore reserves the right to make changes to the agreed services, as far as such changes do not affect the main services and are reasonable for the users considering their interests.
To use WAFDog, the user must select the preferred service package and register on the WAFDog website. The registration is done by opening a user account. The user will be asked to enter an e-mail address and to choose a password.
After initial registration, the user receives an e-mail with a confirmation link. Only after confirmation (double opt-in) the user access will be activated. A registration which a user does not confirm within one week by clicking on the activation link can be deleted by Gutknecht Moore.
With the confirmation of the registration a contract for the use of WAFDog is concluded between Gutknecht Moore and the user (hereinafter: "contract of use"). Gutknecht Moore confirms the conclusion of the contract of use to the user by email.
As far as Gutknecht Moore submits a written offer to the user and as far as nothing else has been agreed upon, Gutknecht Moore is bound to the offer for the period of 2 weeks after submission. In individual cases a longer binding period can be agreed upon.
There shall be no claim to the conclusion of a contract of use.
To ensure that the user is the authorized user of the website submitted for verification, Gutknecht Moore sends the user a PIN into the log data of the website. This PIN must be entered by the user via his user access before the first use of WAFDog.
The user can choose from several service packages with different services and prices. Besides the paid access to WAFDog, the customer can alternatively use a free demo version of WAFDog with limited functions.
The prices of the respective service packages can be found on the website or are agreed upon individually with the user. All prices shall be subject to the legally applicable value added tax.
Gutknecht Moore is entitled to determine that the use of the platform by the user is dependent on the payment of the respective fees due.
Unless otherwise agreed, the monthly fees for the selected service package are paid in advance by payment via PayPal, on account or by bank transfer.
If a user is in default of payment, Gutknecht Moore is entitled to default interest of 9 percentage points above the basic interest rate. According to sec. 288 para. 5 BGB (German Civil Code) the user is obliged to reimburse Gutknecht Moore for reminder charges in the fixed amount of EUR 40.00; these will be credited against any costs of legal action. The right to assert further damages caused by delay shall be reserved.
Gutknecht Moore always issues an invoice to the user, which is sent to the user in text form (by email).
The use of WAFDog is unlimited in time and begins with the conclusion of the contract.
Unless otherwise agreed, the contract of use can be terminated by both parties with one month's notice to the end of the month in writing, by fax or by e-mail. Each termination must be made in text form.
In the event of termination, any fees paid in advance will be refunded on a pro rata basis.
The right to extraordinary termination remains unaffected. Gutknecht Moore is entitled to terminate the contractual relationship extraordinarily if the user is in default with an amount of at least two monthly payments.
After termination of the contract of use Gutknecht Moore will delete or anonymize the information and data of the user.
With the conclusion of the contract of use the user receives the non-exclusive, temporally limited to the duration of the contract of use, non-transferable and non-sublicensable right to use WAFDog to the extent granted in the contract of use.
The user is liable for the actions of the users he/she has created as for his/her own actions.
The user assures to be authorized to use WAFDog on the specified website.
Every user is obliged to inform Gutknecht Moore immediately if there are any indications that the user’s access to WAFDog has been abused.
The user is obliged, unless the user is not at fault, to release Gutknecht Moore from liability at the user’s expense, to indemnify, hold harmless and defend Gutknecht Moore against all claims, actions or proceedings of third parties against Gutknecht Moore or its legal representatives or vicarious agents, as well as against all related obligations, damages, settlements, penalties, fines, costs or expenses (including reasonable attorney's fees and other negotiation costs) incurred by Gutknecht Moore or its legal representatives or agents as a result of or in connection with any violation by the user of these Terms of Use or any applicable laws or regulations in connection with the use of the website. In such a case Gutknecht Moore will inform the user in writing about such demands, complaints, or lawsuits. The user must participate as far as possible in the defence against all claims.
The user is only entitled to the right of set-off if the user’s counterclaims have been accepted by Gutknecht Moore or have been legally established.
The user is only entitled to exercise a right of retention insofar as a counterclaim is based on the same contractual relationship.
Users may not use any mechanisms, software, or other scripts in connection with the use of WAFDog, which could disturb the functioning of WAFDog.
Users shall not take any action that may result in an unreasonable or excessive load on the infrastructure.
Gutknecht Moore warrants the function of WAFDOG within the specifications stated in the contract. As far as Gutknecht Moore provides the user with online storage space, liability for initial defects is excluded regardless of fault. Otherwise, the warranty is given by remedying the defects.
If a disturbance of the services of Gutknecht Moore, which is considerable, lasts longer than one week and if an actual downtime period of more than one working day is reached, the user is entitled to reduce the monthly fees accordingly from the time of the occurrence until the disappearance of the disturbance. A considerable hindrance exists if
In case of a failure of WAFDog due to a disturbance outside the area of responsibility of Gutknecht Moore, the reduction is excluded. The same applies to the loss of services due to necessary interruptions of operation (maintenance work).
It is the responsibility of the user to immediately notify Gutknecht Moore of any malfunctions which may have their cause in the area of responsibility of Gutknecht Moore and to support Gutknecht Moore in determining the causes and in eliminating them to a reasonable extent, as well as to take all reasonable measures to prevent and reduce damage.
Apart from the warranty, Gutknecht Moore is liable without limitation if the cause of damage is based on intent or gross negligence. Gutknecht Moore is also liable for the slightly negligent violation of essential obligations (obligations whose violation endangers the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the user regularly relies), but only for the foreseeable damage typical for the contract. Gutknecht Moore is not liable for the slightly negligent violation of other obligations than those mentioned above. A liability for the compensation of indirect damages, in particular for loss of profit, only exists in case of intent or gross negligence of legal representatives, executives, or other vicarious agents of Gutknecht Moore.
The limitations of liability in the preceding paragraph do not apply in the event of injury to life, physical injury, or damage to health, for a defect after the assumption of a guarantee and for fraudulently concealed defects.
If the liability of Gutknecht Moore is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
Gutknecht Moore collects and processes personal data in accordance with its privacy policy and the applicable legal regulations.
Last Amendment: August 2020
