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Terms and Conditions

@Rank Software Development
Davenstedter Straße 73
30453 Hannover
Germany

Email: info@at-rank.com
Website: https://at-rank.com

Last updated: October 2026

These Terms and Conditions (“Terms”) govern contracts between @Rank Software Development, Davenstedter Straße 73, 30453 Hannover, Germany (“@Rank”, “Provider”, “we”, “us” or “our”) and its customers (“Customer”, “you” or “your”).

They apply, as applicable, to purchases made through our online shop, digital products, software, plugins, subscriptions, licenses, custom development projects, website development, workflow automation, hosting, maintenance, consulting, marketing and other services offered by @Rank.

1. Scope and General Provisions

1.1 Scope

These Terms apply to all contracts entered into between @Rank and the Customer unless otherwise expressly agreed.

They apply in particular to:

  • software and digital products;
  • WordPress plugins and extensions;
  • software subscriptions and licenses;
  • custom software development;
  • custom plugin and theme development;
  • website and online-shop development;
  • workflow automation and integrations;
  • online tools;
  • web hosting;
  • website maintenance and support;
  • consulting;
  • search engine optimization;
  • online marketing;
  • advertising services;
  • content creation;
  • design services; and
  • other individually agreed development or digital services.

The exact scope of the respective service or product is determined by the product description, quotation, order confirmation, statement of work, specification, project agreement or other individual agreement.

1.2 Consumers and Business Customers

These Terms may apply to both consumers and business customers unless a provision expressly states otherwise.

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, partnership or other entity acting in the course of its commercial, self-employed or professional activity.

Mandatory statutory consumer rights remain unaffected by these Terms.

1.3 Individual Agreements

Individual contractual agreements between @Rank and the Customer take precedence over these Terms.

Where several contractual documents exist, they generally apply in the following order:

  1. individual written agreement or contract;
  2. accepted quotation or order confirmation;
  3. statement of work, specification or project description;
  4. product-specific or license-specific conditions;
  5. these Terms.

1.4 Customer Terms

Any general terms and conditions used by the Customer shall not become part of the contract unless @Rank has expressly agreed to them.

1.5 Subcontractors

@Rank may engage employees, freelancers, subcontractors and other service providers to perform contractual services.

Unless otherwise agreed, @Rank remains the Customer’s contractual partner.

Subcontractors will not knowingly be used where their involvement would conflict with legitimate interests of the Customer.

2. Conclusion of Contracts

2.1 Online Shop

Products and services displayed in the online shop at https://at-rank.com do not constitute a legally binding offer unless expressly stated otherwise. They constitute an invitation to the Customer to submit an order.

The Customer may select the desired products or services and complete the checkout process using the ordering system provided.

By submitting the order through the final checkout button, the Customer submits a binding offer to purchase the selected product or service.

A contract is concluded when @Rank accepts the Customer’s offer, for example by:

  • sending an order confirmation;
  • providing access to the purchased digital product;
  • providing a license key;
  • beginning performance of the ordered service; or
  • requesting or processing payment,

whichever occurs first where legally permissible.

2.2 Review of Order Information

Before submitting an online order, the Customer may review and correct the information entered during checkout using the available input and navigation functions.

2.3 Contract Documentation

After conclusion of the contract, relevant contractual information may be provided to the Customer electronically, including by email.

Where a customer account is available, order information may additionally be accessible through that account.

2.4 Individual Projects

For custom development or other individually commissioned services, a Customer’s enquiry does not normally constitute a binding contract.

Based on the Customer’s requirements, @Rank may prepare a quotation, proposal, statement of work or specification.

A contract is concluded once the Customer accepts that offer or otherwise confirms the project in text form, unless the quotation specifies another method of acceptance.

2.5 Contract Language

Unless otherwise agreed, the contract language is English.

3. Digital Products, Software and Licenses

3.1 Digital Products

Digital products may include, among other things:

  • WordPress plugins;
  • extensions;
  • software applications;
  • software downloads;
  • themes;
  • templates;
  • online tools;
  • license keys;
  • updates;
  • digital documentation; and
  • access to online services.

The functionality and technical requirements of each product are described on the applicable product page or in the individual agreement.

3.2 License Instead of Transfer of Ownership

Unless expressly stated otherwise, purchasing software does not transfer ownership of the software, source code, intellectual property or copyrights to the Customer.

The Customer receives a license to use the software in accordance with:

  • these Terms;
  • the applicable product description;
  • the purchased subscription or license plan; and
  • any additional product-specific license terms.

3.3 Scope of License

Unless otherwise stated, software licenses are:

  • non-exclusive;
  • non-transferable;
  • limited to the number of websites, installations, users or environments included in the purchased plan; and
  • limited to the applicable subscription or license period where a time-limited license has been purchased.

The Customer may not sell, sublicense, rent or otherwise commercially distribute the license itself unless expressly permitted by @Rank.

Mandatory rights granted by applicable law remain unaffected.

3.4 License Activation

Certain products may require activation through a license key or license server.

The Customer is responsible for keeping license credentials confidential and for ensuring that they are used only within the scope of the purchased license.

@Rank may limit, suspend or deactivate a license where there is reasonable evidence of unauthorized use, misuse, fraudulent activity or a material violation of the applicable license terms.

3.5 Updates

Where updates are included in a product or subscription, they will be provided in accordance with the applicable product description and license plan.

Nothing in these Terms limits mandatory statutory obligations concerning updates for digital products supplied to consumers.

3.6 Support

The availability, duration and scope of technical support depend on the purchased product, plan or individual agreement.

Support does not automatically include:

  • custom development;
  • modification of third-party software;
  • correction of problems caused by third-party products;
  • server administration;
  • website repair unrelated to the purchased software;
  • compatibility work caused by unsupported environments; or
  • additional functionality not included in the purchased product.

Such services may be offered separately.

4. Subscriptions and Recurring Services

4.1 Subscription Term

Where a product or service is offered as a subscription, the applicable:

  • billing period;
  • minimum term;
  • renewal period;
  • subscription price; and
  • cancellation conditions

will be displayed before the order is submitted or otherwise agreed with the Customer.

4.2 Renewal

Where automatic renewal applies, this will be disclosed to the Customer before conclusion of the contract.

Unless otherwise stated and subject to mandatory consumer law, a recurring subscription renews for the applicable renewal period until cancelled.

4.3 Cancellation

Subscriptions may be cancelled using the cancellation methods made available by @Rank or otherwise permitted by law.

Unless otherwise stated, ordinary cancellation takes effect at the end of the current paid subscription period.

The right of either party to terminate a contract for good cause remains unaffected.

4.4 Consequences of Subscription Expiry

Following expiry or cancellation of a subscription:

  • access to future updates may cease;
  • support may cease;
  • cloud-based functionality may cease where it depends on an active subscription;
  • license activations may be limited or deactivated where the applicable license is time-limited.

Whether previously installed software continues to function depends on the applicable product and license model.

Lifetime or perpetual licenses, where expressly purchased as such, are not converted into time-limited licenses solely because another subscription terminates.

5. Provision of Digital Products

5.1 Delivery

Digital products will normally be provided electronically, for example by:

  • download;
  • email;
  • customer account;
  • license key;
  • activation;
  • API access; or
  • another electronic method.

5.2 Customer Requirements

The Customer is responsible for ensuring that its hardware, software, hosting environment and other technical infrastructure meet the requirements stated for the relevant product.

5.3 Third-Party Compatibility

Unless expressly promised, @Rank does not guarantee permanent compatibility with every:

  • WordPress version;
  • theme;
  • plugin;
  • browser;
  • server configuration;
  • third-party API;
  • third-party service; or
  • external software product.

Where changes made by third parties require additional development or adaptation, such work may constitute a separately chargeable service unless the applicable product plan provides otherwise.

6. Consumer Right of Withdrawal

Consumers generally have a statutory right of withdrawal for distance contracts where the statutory requirements are met.

Details concerning the right of withdrawal, withdrawal period, consequences of withdrawal and the model withdrawal form are provided separately in the applicable Withdrawal Policy / Cancellation Instructions presented to the Consumer.

For digital content not supplied on a physical medium, the Consumer’s statutory right of withdrawal may expire after performance has begun where all statutory requirements for such expiry have been met, including any required express consent and acknowledgement.

For services, different statutory rules regarding commencement and completion of performance may apply.

Mandatory consumer rights remain unaffected.

7. Customer Accounts and Security

Where a customer account is provided, the Customer is responsible for:

  • providing accurate registration information;
  • protecting login credentials;
  • preventing unauthorized access;
  • maintaining the confidentiality of passwords and authentication methods; and
  • notifying @Rank without undue delay of suspected unauthorized access.

The Customer may not intentionally provide account access to unauthorized third parties.

Where security features such as multi-factor authentication are available, Customers are encouraged to use them.

8. Customer Cooperation Obligations

8.1 Required Information

The Customer must provide all information, data, access credentials, materials and instructions reasonably required to perform the agreed services completely, accurately and in a timely manner.

These may include:

  • texts;
  • images;
  • graphics;
  • logos;
  • videos;
  • fonts;
  • brand guidelines;
  • login credentials;
  • API credentials;
  • server access;
  • hosting access;
  • technical documentation;
  • project requirements; and
  • legal information required for website content.

8.2 Delays Caused by the Customer

@Rank is not responsible for delays caused by late, incomplete or incorrect cooperation by the Customer.

Project schedules and delivery dates may be adjusted accordingly.

Additional work caused by missing, incorrect or late Customer cooperation may be charged separately.

8.3 Rights to Customer Materials

The Customer is responsible for ensuring that all materials supplied to @Rank may lawfully be used for the project.

The Customer must ensure that supplied content does not unlawfully infringe:

  • copyrights;
  • trademarks;
  • personality rights;
  • data protection rights;
  • licensing restrictions; or
  • other third-party rights.

8.4 Legal Compliance of Customer Instructions

The Customer is responsible for ensuring that its business model, instructions and content comply with applicable law.

@Rank does not provide legal advice and is not obliged to conduct trademark searches, legal compliance audits or other legal assessments unless expressly agreed and legally permitted.

9. Use of Artificial Intelligence

9.1 AI-Assisted Work

@Rank may use artificial intelligence technologies and AI-assisted tools as part of its services, including for:

  • text;
  • code;
  • images;
  • research;
  • analysis;
  • concepts;
  • audio;
  • video; and
  • workflow automation.

Unless otherwise agreed, AI-assisted output used in Customer deliverables may be reviewed and, where appropriate, modified by a human.

9.2 Customer Restrictions

If the Customer does not wish AI technologies to be used for a particular project or particular part of a project, this must be communicated to @Rank in text form before the relevant work is performed.

9.3 Confidential Information

Where confidential or personal data is involved, the use of external AI services is subject to applicable data protection requirements and any contractual restrictions agreed with the Customer.

9.4 Intellectual Property

Where AI-generated material forms part of a deliverable, @Rank will take reasonable steps to ensure that the deliverable can be used for its intended contractual purpose.

Any rights that cannot legally arise or be transferred in relation to purely AI-generated material cannot be created by contract contrary to applicable law.

10. Custom Software, Website and Shop Development

10.1 Project Scope

Custom development projects may include:

  • software applications;
  • plugins;
  • themes;
  • websites;
  • online shops;
  • APIs;
  • integrations;
  • automations;
  • dashboards;
  • portals;
  • database applications; and
  • other individually developed digital solutions.

The agreed project scope is determined by the applicable quotation, statement of work, specification or individual agreement.

10.2 Agile Development

Unless a different project method is expressly agreed, development may be carried out using an agile or iterative workflow.

During the project, the Customer may request adjustments that remain within the originally agreed scope.

Material changes, new functions or additional requirements outside the agreed scope constitute change requests and may require:

  • additional development time;
  • a revised delivery schedule; and
  • additional remuneration.

Such changes should be agreed in text form.

10.3 Specification-Based Development

Where the parties expressly agree to work based on a requirements specification, functional specification or comparable project document, the agreed specification defines the binding scope of development.

Changes following approval of the specification require a separate agreement.

10.4 Technical Feasibility

@Rank will assess Customer requirements according to professional and technical considerations.

However, technical feasibility can depend on factors outside @Rank’s control, including:

  • third-party APIs;
  • hosting environments;
  • software platforms;
  • external service providers;
  • browser behavior;
  • operating systems; and
  • changes to third-party products.

10.5 Third-Party Components

Unless otherwise expressly agreed, the cost of third-party:

  • plugins;
  • software;
  • APIs;
  • licenses;
  • fonts;
  • stock content;
  • hosting;
  • payment services; and
  • external services

is not included in the project fee.

10.6 Source Code and Documentation

Unless expressly included in the contract, the Customer is not automatically entitled to receive:

  • internal development files;
  • development notes;
  • internal documentation;
  • design source files;
  • build systems;
  • internal tools;
  • reusable libraries; or
  • other materials not necessary for contractual use of the deliverable.

Any agreed delivery of source code does not automatically transfer ownership of underlying reusable components, frameworks, libraries or pre-existing intellectual property.

10.7 Browser Support

Unless otherwise agreed, websites developed by @Rank are optimized for current versions of commonly used browsers such as:

  • Chrome;
  • Safari;
  • Firefox; and
  • Edge,

generally including the current and previous major versions reasonably available during development.

Legacy-browser compatibility must be expressly agreed.

10.8 SEO

Search engine optimization is included only where expressly stated in the applicable agreement.

11. Acceptance of Project Deliverables

11.1 Acceptance

Where the contracted service constitutes work requiring acceptance under applicable law, @Rank will notify the Customer when the relevant work or project stage is ready for acceptance.

11.2 Review Period

Unless otherwise agreed, the Customer should review the deliverable within 14 days after the request for acceptance and either:

  • accept the deliverable; or
  • identify at least one specific defect preventing acceptance.

Insignificant defects do not justify refusal of acceptance where the law provides accordingly.

11.3 Deemed Acceptance

Where legally permitted, a work may be deemed accepted if the Customer does not refuse acceptance within a reasonable period specified by @Rank while identifying a defect.

Where the Customer is a Consumer, deemed acceptance applies only if all additional statutory information and notification requirements have been satisfied.

11.4 Use as Acceptance

Where appropriate to the nature of the deliverable, productive publication or unrestricted productive use by the Customer may constitute evidence of acceptance, subject to mandatory law.

12. Maintenance and Support Services

12.1 Separate Service

Maintenance, support or continued development following project completion is only included where expressly agreed.

Completion of a development project does not automatically create an ongoing maintenance obligation.

12.2 Maintenance Scope

Where maintenance is contracted, its scope is determined by the relevant maintenance plan or agreement.

Unless otherwise agreed, maintenance does not automatically include:

  • new features;
  • redesigns;
  • content creation;
  • third-party subscription costs;
  • legal updates;
  • privacy-policy updates;
  • changes caused by unsupported third-party software; or
  • repairs required because of unauthorized Customer modifications.

12.3 Customer Modifications

@Rank is not responsible for defects, incompatibilities or security issues caused by unauthorized modifications made by the Customer or third parties outside @Rank’s responsibility.

13. Web Hosting

13.1 Hosting Services

Where agreed, @Rank may provide or arrange hosting using infrastructure operated by third-party hosting providers.

The exact hosting scope, including storage, domains, email, certificates, backups and other services, is determined by the applicable hosting plan or individual agreement.

13.2 Availability

Unless a different service level has been expressly agreed, hosting infrastructure provided by @Rank is intended to achieve at least 99% annual availability.

Periods of unavailability caused by events beyond @Rank’s reasonable control are excluded, including:

  • force majeure;
  • upstream provider failures;
  • internet infrastructure failures;
  • third-party attacks;
  • emergency security measures; and
  • technical events outside @Rank’s sphere of control.

13.3 Backups

Unless a backup service is expressly included, the Customer remains responsible for maintaining appropriate backups of its data.

13.4 Prohibited Content

Customers may not use hosting provided through @Rank to knowingly store or distribute content that:

  • violates applicable criminal law;
  • infringes third-party intellectual property;
  • contains malware;
  • materially threatens system security;
  • constitutes unlawful extremist or terrorist content;
  • unlawfully incites hatred or violence;
  • contains unlawful pornographic content; or
  • otherwise violates mandatory law.

Where @Rank becomes aware of potentially unlawful or dangerous content, @Rank may take proportionate measures including temporary restriction, suspension or removal where legally justified.

Where appropriate, the Customer will be given an opportunity to respond before a final measure is taken unless immediate action is required by law or necessary to prevent material harm.

14. Content, Copywriting and Design Services

14.1 Scope

Where agreed, @Rank may provide services including:

  • website copy;
  • marketing text;
  • articles;
  • graphics;
  • illustrations;
  • advertising creatives;
  • interface designs;
  • branding; and
  • logos.

14.2 Revision Rounds

Unless otherwise agreed, individually commissioned design or copywriting services include up to two reasonable revision rounds within the originally agreed brief.

Additional revisions, new concepts or new requirements may be charged separately.

14.3 Approval

Where the Customer approves content or publishes it before formal approval, such approval or publication may constitute acceptance to the extent permitted by law.

14.4 Editable Source Files

Unless expressly included, delivery of a final design does not automatically include editable project or source files.

15. SEO, Advertising and Marketing Services

15.1 SEO

For search engine optimization services, @Rank will perform the measures agreed with the Customer and considered reasonably suitable to improve search visibility.

Unless expressly guaranteed in writing, @Rank does not guarantee:

  • a particular ranking;
  • a particular amount of traffic;
  • indexing by a search engine;
  • leads;
  • sales; or
  • revenue.

Search-engine algorithms and ranking systems are controlled by third parties.

15.2 Paid Advertising

Where @Rank manages paid advertising or SEA campaigns, services may include:

  • campaign configuration;
  • keyword recommendations;
  • ad creation;
  • targeting;
  • optimization; and
  • reporting.

Unless expressly included, advertising spend payable to platforms such as search engines or social networks is separate from @Rank’s fees.

15.3 Customer Approval

The Customer remains responsible for approval of:

  • advertising claims;
  • keywords;
  • offers;
  • pricing;
  • images;
  • videos;
  • legal disclosures; and
  • other campaign content.

@Rank does not undertake a legal trademark or advertising-law review unless expressly agreed and legally permissible.

16. Prices and Payment

16.1 Online Shop Prices

The applicable price is the price displayed during the ordering process at the time the order is placed.

Taxes, including VAT, will be displayed and calculated as required by applicable law and according to the information available during checkout.

16.2 Custom Projects

Prices for custom development and individually commissioned services are determined by the applicable quotation or contract.

Prices may be:

  • fixed-price;
  • milestone-based;
  • subscription-based;
  • retainer-based; or
  • calculated according to time and effort.

16.3 Additional Work

Services beyond the agreed scope may be invoiced separately.

16.4 Payment Due Date

Payments made through the online shop are due according to the payment conditions shown during checkout.

Unless otherwise agreed, individually issued invoices for services are due within 14 days of receipt.

16.5 Payment Providers

Available payment methods are displayed during checkout.

Payments may be processed by third-party payment service providers. Their own contractual and privacy terms may additionally apply to their services.

16.6 Default

Statutory rules concerning payment default apply.

17. Warranty and Defects

17.1 Statutory Rights

Statutory warranty rights apply unless they have been validly modified by an individual agreement or by these Terms where legally permissible.

Mandatory consumer warranty rights remain unaffected.

17.2 Digital Products

For Consumers, mandatory statutory provisions applicable to digital products, including requirements relating to conformity and updates, remain unaffected.

17.3 Defect Notification

Customers should provide sufficiently detailed information about an alleged defect to allow @Rank to reproduce and investigate the problem.

Where relevant, this should include:

  • affected product or feature;
  • steps to reproduce the problem;
  • screenshots;
  • logs;
  • system information; and
  • recent changes to the environment.

17.4 Excluded Causes

A defect is not attributable to @Rank where it results solely from circumstances outside @Rank’s responsibility, including:

  • unsupported modifications;
  • incompatible third-party software;
  • Customer configuration errors;
  • server restrictions;
  • malware introduced by third parties;
  • unauthorized intervention;
  • external API changes; or
  • failure to meet documented system requirements.

Mandatory statutory rights remain unaffected.

18. Intellectual Property and Usage Rights

18.1 Existing Intellectual Property

All intellectual property owned or developed by @Rank independently of a Customer project remains the property of @Rank.

This includes, in particular:

  • frameworks;
  • libraries;
  • reusable code;
  • generic components;
  • development methods;
  • internal tools;
  • templates;
  • systems;
  • algorithms;
  • know-how; and
  • product technology.

18.2 Customer-Specific Deliverables

Unless otherwise agreed, following full payment the Customer receives the usage rights reasonably required for the contractual purpose of an individually commissioned deliverable.

The precise scope of those rights may be specified in the applicable project agreement.

18.3 Transfer After Payment

Unless mandatory law requires otherwise, contractual usage rights are transferred only after full payment of the applicable remuneration.

18.4 Custom Software

The development of custom software does not automatically transfer @Rank’s rights in:

  • reusable components;
  • pre-existing code;
  • libraries;
  • development tools;
  • underlying frameworks; or
  • general technical know-how.

Customer-specific ownership or exclusive rights may be agreed separately.

18.5 Reuse and Resale

@Rank may reuse general know-how, methods and non-confidential reusable components developed during its work.

Customer-specific confidential information, branding, proprietary data or uniquely commissioned materials will not be commercially reused in violation of the Customer’s rights.

Where @Rank and the Customer wish to permit the resale or wider commercialization of a customer-initiated software product, this must be agreed separately, including the corresponding rights and commercial terms.

18.6 Logo Designs

Where @Rank is specifically commissioned to create an original final logo, the Customer will, unless otherwise agreed, receive the usage rights necessary for unrestricted use of the accepted final logo after full payment.

Unused concepts and rejected drafts remain with @Rank unless otherwise agreed.

19. References, Portfolio and Attribution

Unless otherwise agreed, the Customer permits @Rank to identify completed projects as references and display reasonable excerpts or representations of the work in:

  • @Rank’s website;
  • portfolio;
  • presentations;
  • proposals;
  • social media; and
  • other self-promotional materials.

Confidential information will not be disclosed for this purpose.

Unless otherwise agreed, @Rank may include an appropriate development or design credit and link on websites created by @Rank where this is customary and reasonable.

The parties may exclude or modify these rights in an individual agreement.

20. Confidentiality

@Rank will treat confidential information received in connection with Customer projects confidentially.

This obligation also applies to employees, contractors and other persons engaged by @Rank who require access to such information for the performance of the contract.

Confidentiality obligations survive termination of the contract for as long as the information remains confidential, subject to statutory disclosure obligations.

Information is not considered confidential where it:

  • is publicly available without breach of an obligation;
  • was already lawfully known to the receiving party;
  • is independently developed without use of confidential information; or
  • must be disclosed pursuant to law or a binding authority order.

21. Data Protection

@Rank processes personal data in accordance with applicable data protection law, including the General Data Protection Regulation (GDPR), where applicable.

Further information is provided in the @Rank Privacy Policy.

Where performance of a service requires processing personal data on behalf of the Customer and Article 28 GDPR applies, the parties will enter into an appropriate data processing agreement before such processing begins.

22. Third-Party Services

@Rank products and services may integrate with or rely on third-party products or services such as:

  • WordPress;
  • WooCommerce;
  • Elementor;
  • hosting providers;
  • payment providers;
  • APIs;
  • cloud platforms;
  • analytics providers;
  • automation platforms; and
  • other external services.

Those providers operate independently of @Rank.

@Rank is not responsible for interruptions, changes, discontinuation or other failures of a third-party service outside @Rank’s reasonable control.

Where a third-party change requires modification of an @Rank product or custom project, such adaptation may require additional development and may be charged separately unless the applicable agreement provides otherwise.

23. Liability

23.1 Unlimited Liability

@Rank is liable without limitation:

  • for intent and gross negligence;
  • for culpable injury to life, body or health;
  • under an expressly provided guarantee to the extent covered by that guarantee; and
  • where liability is mandatory by law.

23.2 Essential Contractual Obligations

In the case of negligent breach of an essential contractual obligation, liability is limited to the typical and reasonably foreseeable damage at the time the contract was concluded, unless unlimited liability applies under Section 23.1.

Essential contractual obligations are obligations whose performance is necessary for proper implementation of the contract and on whose performance the Customer may normally rely.

23.3 Other Liability

To the extent legally permissible, further liability for ordinary negligence is excluded.

The above limitations also apply to @Rank’s legal representatives, employees, agents and subcontractors.

23.4 Customer Indemnification

To the extent the Customer is responsible for a violation of applicable law, third-party rights or these Terms, the Customer shall indemnify @Rank against justified third-party claims resulting from that violation, including reasonable statutory legal-defense costs, to the extent permitted by law.

Mandatory consumer rights remain unaffected.

24. Force Majeure

Neither party is responsible for delay or failure to perform caused by circumstances beyond its reasonable control, including, where applicable:

  • natural disasters;
  • war;
  • terrorism;
  • civil unrest;
  • widespread internet outages;
  • government measures;
  • major cyberattacks;
  • upstream infrastructure failure;
  • labor disputes; or
  • similar events.

Affected obligations will be suspended for the duration of the event to the extent performance is prevented.

Mandatory rights of termination remain unaffected.

25. Contract Duration and Termination

25.1 Individual Projects

The term and ordinary termination rights for custom projects are determined by the applicable individual agreement and mandatory law.

25.2 Continuing Services

Hosting, maintenance, support, subscriptions and other continuing services have the term and cancellation conditions shown in the applicable product description, plan or agreement.

25.3 Termination for Good Cause

Either party may terminate a continuing contractual relationship for good cause where the legal requirements are satisfied.

25.4 Data and Materials After Termination

Following termination of an individual service agreement, materials received from the Customer will be returned, deleted or otherwise handled as agreed and as required by law.

Data that must be retained due to statutory retention obligations may be stored for the applicable statutory period.

26. Amendments to These Terms

@Rank may amend these Terms where there is an objectively justified reason, including:

  • changes in legislation;
  • changes in case law;
  • changes to products or services;
  • technical developments;
  • security requirements; or
  • material changes to business processes.

Changes do not retroactively alter completed individual contracts unless expressly agreed or legally permitted.

For ongoing contractual relationships, Customers will be informed of material amendments within an appropriate period before they take effect.

Where affirmative consent is required under applicable law, the amendment will not become effective for the affected Customer without that consent.

Mandatory consumer protection law remains unaffected.

27. Governing Law

The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For Consumers whose habitual residence is within another country of the European Union, this choice of law does not deprive them of mandatory consumer protection provisions applicable in their country of habitual residence.

28. Jurisdiction

Where the Customer is:

  • a merchant;
  • a legal entity under public law;
  • a special fund under public law; or
  • otherwise has no general place of jurisdiction in Germany,

the courts having jurisdiction at the registered place of business of @Rank shall have jurisdiction to the extent legally permissible.

Mandatory and exclusive statutory places of jurisdiction remain unaffected.

29. Consumer Dispute Resolution

Where legally required, Consumers will be provided with information concerning competent consumer dispute-resolution bodies.

@Rank is currently neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration/conciliation body, unless a legal obligation to participate applies in a particular case.

If an unresolved consumer dispute requires additional statutory information to be provided, @Rank will provide that information in accordance with applicable law.

30. Severability

If any individual provision of these Terms is or becomes invalid or unenforceable, the validity of the remaining provisions remains unaffected.

Mandatory statutory rules regarding the replacement or interpretation of invalid provisions apply.

31. Contact

Questions regarding these Terms may be directed to:

@Rank Software Development
Davenstedter Straße 73
30453 Hannover
Germany

Email:info@at-rank.com
Website:https://at-rank.com