Terms

Section 1: Provider, Customers, and Scope of Application

(1) Provider of the software-as-a-service platform "Viewnamic" (viewnamic.com) is:

Dreher, Weiß GbR
Start-up Campus OWL, Office SC 2 207, Ausblick 1, 33100 Paderborn, Germany
Represented by the partners: Felix Dreher & Daniel Weiß
VAT ID (USt-IdNr.): DE303700917
Phone: +49 176 45905774
Email: info@viewnamic.com
(hereinafter referred to as "Viewnamic" or "Provider").

(2) Business Customers and Consumers: Viewnamic offers its services to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law ("Business Customers"). The plans "Single" and "High Five" and the free trial are also offered to consumers within the meaning of Section 13 BGB whose habitual residence is in a member state of the European Union ("Consumers"). All other plans, individual quotes and service agreements, and the creative and implementation services under Section 2(3) are offered exclusively to Business Customers. Business Customers and Consumers are together referred to as "Customers".

(3) Statement at Registration: At registration, the Customer states whether they use Viewnamic for their business or privately. A Customer who chooses business use warrants that they are acting in the exercise of their commercial, corporate, trade, or independent professional capacity. A Consumer who later uses the account for business purposes can switch it to business use in the subscription portal; contracts concluded before remain unaffected.

(4) Scope: These Terms of Service ("Terms") govern all contracts regarding the provision of the web-based software, interactive document hosting, viewer presentation solutions, and associated services provided by Viewnamic. Where a provision applies only to Business Customers or only to Consumers, it says so.

(5) Priority of Individual Agreements: In accordance with Section 305b BGB, individually agreed terms (such as individual service agreements, customized quotes, or individual project specifications) take precedence over these general Terms.

(6) Conflicting Terms: Any general terms and conditions of a Business Customer that conflict with, deviate from, or supplement these Terms shall not become part of the contract, even if Viewnamic does not expressly object to them, unless Viewnamic explicitly agrees to their application in text form.

(7) Consumer Protection: The mandatory statutory provisions for the protection of Consumers remain unaffected by these Terms.

Section 2: Subject Matter, Service Scope, and Formation of Contract

(1) Subject Matter: Viewnamic operates a proprietary web-based digital publishing platform enabling Customers to upload PDF files, overlay interactive multimedia elements within a web viewer without altering the underlying PDF file, and distribute these publications via unique project URLs or embeds.

(2) Scope of Services: The agreed scope of services, including features, usage limits, document allowances, and support, is determined by the plan description made available to the Customer at the time of contract conclusion or by the individual quote or service agreement. For Consumers, the order page and the contract confirmation (subsection (5)) also state the essential characteristics of the plan.

(3) Creative & Implementation Services (Business Customers only): Where Viewnamic provides customized document design, media integration, or onboarding services (agency/project services), the specific deliverables, timeline, and customer responsibilities shall be governed by an individual quote or statement of work. The legal classification of these services depends on the agreed scope and nature of the contractual obligations. Where a specific result is owed, the applicable statutory provisions governing contracts for work (Werkvertragsrecht) shall apply.

(4) Formation of Contract:

• Online subscriptions of Business Customers: A binding contract for a paid subscription is concluded when the Customer completes the digital checkout process and Viewnamic confirms the booking via email or by activating the paid plan features.
• Customized enterprise orders: A binding contract is concluded upon mutual signature of an individual service agreement or upon the Customer's written or text confirmation of an individual formal quote issued by Viewnamic.
• Orders of Consumers: The presentation of the plans on the website is not a binding offer. After registration, the Consumer chooses the plan Single or High Five and reaches the order page, which shows the plan, its total price including VAT, the term, the continuation and termination of the contract, the right of withdrawal, and the Provider. On the order page, the Consumer states their country of residence and accepts these Terms. Until the order is placed, the Consumer can correct their entries on the order page or return to the plan selection. By clicking the button "Order with obligation to pay" (in German: "Zahlungspflichtig bestellen"), the Consumer submits a binding offer to conclude the contract and is forwarded to the payment provider Stripe to choose a payment method and to make the payment. Viewnamic accepts the offer by activating the plan once the payment has been made; the contract is concluded at that moment. If the payment is not completed, no contract is concluded.

(5) Contract Confirmation and Contract Text (Consumers): Viewnamic confirms the contract to the Consumer without undue delay by email, with a PDF document containing the content of the contract, these Terms, the withdrawal instructions, and the model withdrawal form (durable medium). Viewnamic stores the contract text (the order data and the version of these Terms accepted with the order); it is not accessible in the account, but Viewnamic sends it again upon request. The current Terms are available at viewnamic.com/terms.

(6) Contract Languages: The contract can be concluded in German or English. These Terms are available in both languages with the same content.

Section 3: User Accounts and Access Security

(1) Registration: Use of the platform requires the creation of a user account. The Customer must provide accurate, complete, and current information during registration and maintain such information up to date throughout the contract duration.

(2) Credential Security: The Customer is obligated to protect their account credentials against unauthorized disclosure and unauthorized access by third parties. The Customer is responsible for all actions taken under their account, provided such actions are attributable to the Customer's fault or negligence.

(3) Notification: The Customer must notify Viewnamic immediately in text form upon becoming aware of any suspected unauthorized access or security incident affecting their account.

Section 4: Free Trial Period (30 Days)

(1) Viewnamic may offer an initial free evaluation period of thirty (30) calendar days upon initial registration. No payment information or credit card data is required to start the free trial.

(2) The free trial ends automatically after thirty (30) days and does not automatically transition into a paid subscription.

(3) Status After Trial Expiration: Following the expiration of the 30-day trial period without a paid plan, access to the account is paused: published documents and interactive viewer links are no longer available to readers. The Customer can still sign in to their account dashboard to choose a paid plan, download their original uploaded files and delete content. If the Customer does not choose a paid plan, Viewnamic permanently deletes the account with all trial assets and configurations thirty (30) days after the pause in accordance with Section 8(3).

Section 5: Prices, Billing, and Payment Terms

(1) Agreed Pricing: The fees for subscriptions and additional services are determined by the prices agreed upon at the time of contract conclusion (as specified in the selected tariff or individual quote). Unless an individual quote states otherwise, all prices are final prices in Euros (EUR) and include the statutory value-added tax (VAT); the order page (for Consumers) and the invoice state the VAT amount. Where no German VAT is charged on a sale (for example under the reverse-charge procedure for Business Customers in other EU member states), the price shown is the net price and no VAT is added.

(2) Payment Methods: Self-service subscriptions are paid via the payment provider Stripe with the payment methods Stripe offers in its checkout (such as credit card or SEPA direct debit). For customized enterprise contracts, payment by bank transfer upon invoice may be agreed.

(3) Advance Billing: Subscription fees are invoiced and collected in advance at the beginning of each billing interval (monthly or annually; for Consumers annually, Section 6(3) and (4)).

(4) Payment Period for Invoices: Unless otherwise agreed in an individual quote, invoices paid by bank transfer are due and payable strictly net without deduction within thirty (30) days from the invoice date.

(5) Suspension for Default in Payment: If the Customer falls into arrears with payment of a substantial amount, Viewnamic is entitled to temporarily suspend access to the platform and deactivate public viewer links. Viewnamic shall give the Customer prior notice in text form and grant a reasonable grace period of at least seven (7) business days to settle the outstanding amount before executing a suspension, unless an immediate suspension is justified to avert imminent significant harm. For payments processed by the payment provider (Section 5(2)), the payment provider's notifications about the failed payment constitute this notice; for invoices paid by bank transfer, Viewnamic's payment reminder. A suspension pauses access to the account within the meaning of Section 8(2); if the outstanding amount is not settled, the account is deleted thirty (30) days after the pause in accordance with Section 8(3).

Section 6: Contract Duration, Renewal, and Termination

(1) Monthly Subscriptions (Business Customers): Monthly plans have an initial term of one (1) month and renew automatically for successive one-month terms unless terminated by either party prior to the end of the current billing month.

(2) Annual Subscriptions (Business Customers): Annual plans have an initial fixed term of twelve (12) months. The subscription renews automatically for successive twelve-month periods unless terminated by either party with a notice period of thirty (30) days prior to the expiration of the current twelve-month term.

(3) Initial Term for Consumers: Contracts of Consumers for the plans Single and High Five have an initial term of twelve (12) months from the conclusion of the contract; the fee for this term is paid in advance. During the initial term, the Consumer can terminate the contract at any time with effect from the end of the initial term.

(4) Continuation for Consumers: Unless the contract has been terminated with effect from the end of the initial term, it continues for an indefinite period. The fee is charged in advance for twelve (12) months at a time (billing year). The Consumer can terminate the continued contract at any time with a notice period of one (1) month; the contract then ends one month after Viewnamic has received the termination, at the latest at the end of the current billing year. Viewnamic refunds the part of the fee paid in advance that falls on the time after the end of the contract, pro rata to the remaining time of the billing year, to the means of payment used. Viewnamic can terminate the contract of a Consumer with a notice period of one (1) month to the end of the initial term or of a billing year.

(5) Form of Termination: A termination can be declared with the button "Cancel contracts here" (in German: "Verträge hier kündigen") at the bottom of every page of the website, or in text form (e.g., via email to info@viewnamic.com). Viewnamic confirms a termination declared with the button immediately by email, with its content and the date and time of its receipt.

(6) Extraordinary Termination: The right of both parties to terminate the contract without notice for good cause (außerordentliche Kündigung aus wichtigem Grund) pursuant to Section 314 BGB remains unaffected.

Section 7: Right of Withdrawal for Consumers

(1) Right of Withdrawal: Consumers have a statutory right of withdrawal. Its conditions, period, and exercise are set out in the withdrawal instructions (viewnamic.com/withdrawal; German version at viewnamic.com/de/widerrufsbelehrung), which Viewnamic also sends with the contract confirmation together with the model withdrawal form.

(2) Withdrawal Function: Consumers can declare their withdrawal on the website with the button "Withdraw contract" (in German: "Vertrag widerrufen") at the bottom of every page. Viewnamic confirms the receipt of the withdrawal immediately by email, with its content and the date and time of its receipt.

(3) Refund: In the event of a withdrawal, Viewnamic refunds all payments received for the contract, even if the Consumer has already used the plan during the withdrawal period; the Consumer owes no compensation for the use. The paid plan ends with the withdrawal; Section 8 applies to the account and its content.

Section 8: End of a Plan, Read-Only Period, Pause, and Data Deletion

(1) 14-Day Read-Only Period: When a paid subscription or a plan paid by bank transfer ends (in particular upon effective termination or withdrawal), the Customer's existing publications and interactive viewer links remain publicly available for a read-only period of fourteen (14) calendar days. During this period, uploads and changes are no longer possible; the Customer can download and delete content and renew the plan or choose another plan.

(2) Pause: After the read-only period, upon expiration of a free trial without a paid plan (Section 4(3)), upon a suspension for default in payment (Section 5(5)), and if the first payment for a paid plan selected at registration is not made, access to the account is paused: published documents and interactive viewer links are no longer available to readers. During the pause, Viewnamic maintains the Customer's uploaded documents, media assets, and configurations in a deactivated state. The Customer can still sign in, renew their plan or choose another plan (retaining all project configurations), download their original uploaded files (PDF documents and media) and delete content.

(3) Permanent Deletion: Thirty (30) calendar days after the pause, Viewnamic permanently deletes the account with all Customer files, uploaded media, publications, statistics, and associated configuration data, as well as the user accounts (logins) of the account owner and of team members who belong to no other Viewnamic account. Viewnamic informs the account owner by email fourteen (14) and three (3) days before the deletion and confirms the deletion by email; if this notice could not be sent, the deletion is postponed by fourteen (14) days. If the Customer renews their plan, chooses a new paid plan or settles the outstanding amount before the deletion date, the account is not deleted. At the Customer's request, the parties may agree on a later deletion date in text form.

(4) Deletion upon Request: The account owner can delete the account in the subscription portal of the account dashboard once no paid subscription is running (a terminated subscription runs until the end of the contract, Section 6) and no plan managed by Viewnamic (e.g., paid by bank transfer) is active. In addition, Viewnamic deletes the account upon the account owner's request in text form (e.g., via email to info@viewnamic.com). The deletion takes effect immediately and cannot be undone. If a paid subscription is still running when Viewnamic deletes the account upon such a request, the subscription ends with the deletion; fees already paid are not refunded. A refund owed to a Consumer for a termination or withdrawal declared before (Sections 6(4) and 7(3)) remains unaffected.

(5) Retained Data and Backups: Excepted from the deletion are only the records that Viewnamic must keep under mandatory statutory tax and commercial retention duties – invoices and credit notes for eight (8) years and payment and order records for ten (10) years after the end of the respective calendar year, after which they are deleted – and the web address of the Customer's public overview page, which remains reserved without any content so that it cannot be used by others. Data in the automated backups of the hosting provider is overwritten in the ordinary course of the backup cycle (backups are kept for about fourteen (14) days, a single database backup for up to about three (3) weeks). Details are set out in the Privacy Policy and, for personal data processed on behalf of the Customer, in Section 9 of the Data Processing Addendum (Section 12).

Section 9: Customer Content, Rights of Use, and Indemnification

(1) Ownership: The Customer retains all intellectual property rights, copyrights, and ownership in all materials, PDFs, images, and videos uploaded to the platform ("Customer Content").

(2) License Grant to Viewnamic: The Customer grants Viewnamic a non-exclusive, worldwide, royalty-free license to store, reproduce, format, convert, stream, and transmit Customer Content solely to the extent necessary to provide the platform services, host the viewer, and fulfill the post-contractual read-only period, pause, and retention duties under Section 8.

(3) Customer Warranty: The Customer warrants that they hold all necessary rights, licenses, and authorizations to upload and publicly display the Customer Content, and that such content does not violate applicable statutory provisions or infringe upon third-party rights (particularly copyrights, trademarks, personal rights, or data protection regulations).

(4) Indemnification (Freistellung): The Customer shall indemnify and hold harmless Viewnamic, its statutory representatives, and employees from and against any third-party claims asserted against Viewnamic resulting from a culpable (schuldhaft) breach of the Customer's obligations or warranties under this Section 9. The indemnification encompasses all reasonable and necessary costs of legal defense.

(5) Indemnification Procedure: If a third-party claim is asserted against Viewnamic, Viewnamic shall:

• promptly inform the Customer in text form,
• coordinate the legal defense and any settlement negotiations with the Customer, and
• not acknowledge third-party claims or enter into settlements without the prior written or text consent of the Customer, which consent shall not be unreasonably withheld.

Section 10: Intellectual Property Rights in Viewnamic

(1) All intellectual property rights, source code, user interfaces, branding, viewer technologies, and know-how associated with the Viewnamic platform remain the sole and exclusive property of Viewnamic or its licensors.

(2) Viewnamic grants the Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the software and viewer in accordance with these Terms for the duration of the active subscription and, to the extent provided in Section 8, during the read-only period and the pause after its end.

Section 11: Availability, Service Maintenance, and Rights in Case of Defects

(1) Best-Effort Availability: Viewnamic provides its software and hosting services with commercially reasonable care and diligence on a best-effort basis. While Viewnamic strives for continuous platform availability, uninterrupted 100% availability is technically impossible and cannot be guaranteed.

(2) Scheduled Maintenance: Viewnamic reserves the right to perform necessary maintenance, security upgrades, and platform improvements. Where foreseeable, maintenance windows shall be scheduled during off-peak hours (e.g., weekends or nighttime).

(3) Disruptions: Viewnamic shall not be responsible for service disruptions to the extent that neither Viewnamic nor persons whose fault is attributable to Viewnamic under applicable law are responsible for them. Liability for damages shall be governed exclusively by Section 13.

(4) Consumers: For Consumers, the statutory rights in the event of defects of digital products (Sections 327 et seq. BGB) apply without restriction, including Viewnamic's obligation to provide the updates necessary to keep the plan in conformity with the contract (Section 327f BGB); subsections (1) to (3) do not restrict these rights. Claims for damages are governed by Section 13.

Section 12: Data Protection and Data Processing Agreement (DPA)

(1) Viewnamic complies with all applicable requirements of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

(2) Data Processing Agreement (DPA / AVV): To the extent that Viewnamic processes personal data on behalf of the Customer as a data processor pursuant to Art. 28 GDPR (e.g., when Customer documents, media uploads, or viewer interactions contain personal data), the parties enter into a Data Processing Agreement. The parties hereby agree that Viewnamic's standardized Data Processing Addendum (DPA), accessible and downloadable at www.viewnamic.com/dpa, forms an integral and legally binding part of this contract upon account registration or conclusion of a subscription, unless the parties have executed a customized, individually signed Data Processing Agreement that expressly supersedes it.

Section 13: Limitation of Liability

(1) Unlimited Statutory Liability: Viewnamic is liable without limitation under statutory law for:

• damages resulting from intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit),
• culpable injury to life, body, or health,
• claims arising under the German Product Liability Act (Produkthaftungsgesetz), and
• guarantees expressly assumed by Viewnamic.

(2) Cardinal Contractual Duties: In cases of slight negligence (einfache Fahrlässigkeit), Viewnamic is only liable for the breach of an essential contractual duty (cardinal duty / Kardinalpflicht). An essential contractual duty is an obligation whose fulfillment is essential to the proper execution of the contract and on whose compliance the Customer regularly relies and may rely.

(3) Foreseeable Contractual Damages: In the event of a slightly negligent breach of a cardinal duty pursuant to subsection (2), Viewnamic's liability is strictly limited to the typical and foreseeable damages at the time of contract conclusion.

(4) Exclusion of Indirect and Consequential Damages: In all other cases of slight negligence, liability for indirect damages, consequential damages, loss of business, lost profits, or unachieved savings is strictly excluded.

(5) Scope of Exclusions: The limitations and exclusions in subsections (2) to (4) do not apply to liability under subsection (1) or any other liability that cannot be limited or excluded by law.

(6) Scope of Beneficiaries: The foregoing limitations of liability shall apply equally to the benefit of the partners, employees, legal representatives, and vicarious agents of Viewnamic.

Section 14: Confidentiality

(1) Both parties agree to treat all business secrets, technical knowledge, and commercial information of the other party obtained in connection with the contract as strictly confidential and not to disclose such information to third parties, except where required by mandatory law or court order.

(2) Permitted Disclosure: Disclosure is also permitted to employees, contractors, hosting providers, and professional advisers to the extent necessary for contract performance or professional advice, provided they are subject to appropriate contractual or statutory confidentiality obligations. Applicable data protection requirements remain unaffected.

Section 15: Amendments to these Terms

Amendments to these Terms for existing contracts require the express agreement of both parties. Until such agreement is reached, the previously agreed version shall continue to apply. Viewnamic may use revised Terms for new contracts, provided they are duly incorporated into those contracts.

Section 16: Governing Law, Place of Jurisdiction, and Dispute Resolution

(1) Governing Law: These Terms and all legal relationships between Viewnamic and the Customer shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For Consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.

(2) Place of Jurisdiction: If the Customer is a merchant (Kaufmann within the meaning of the German Commercial Code - HGB), a legal entity under public law, or a special fund under public law, or a Business Customer without a general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising directly or indirectly out of or in connection with the contract shall be the registered office of Viewnamic (Paderborn, Germany). For Consumers, the statutory places of jurisdiction apply.

(3) Consumer Dispute Resolution: Viewnamic is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

(4) Severability Clause: The consequences of any invalid or unenforceable provision shall be governed by applicable statutory law, in particular Section 306 BGB.