Terms and Conditions

General terms and conditions for the use of set-up. This is an English translation of our German terms (AGB). In case of doubt, the German version prevails.

1. Scope and provider

(1) These general terms and conditions (terms) apply to all contracts for the use of the set-up software between Joshevski & Wendel GbR (the “provider”) and its customers.

(2) The offer is aimed exclusively at businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Consumers within the meaning of § 13 BGB are excluded. By registering, the customer confirms that they are acting in the course of their commercial or independent professional activity.

(3) Deviating, conflicting or supplementary terms of the customer do not become part of the contract, even if the provider does not expressly object to them.

2. Services

(1) set-up is software as a service for capturing and assessing enquiries and events on the customer's websites, for sending conversions server-side to advertising platforms such as Google Ads and Meta, for optimising advertising accounts, and for AI-assisted features. The scope of features follows from the description of the booked plan at the time of booking.

(2) The plans differ in particular in the number of workspaces and the monthly quota of AI credits. The provider may develop the software further and change features, provided the agreed core of the service is preserved and the change is reasonable for the customer.

(3) Connections to third-party services (for example Google Ads, Google Merchant Center, Meta) are additionally subject to their terms. The provider has no influence on changes to or outages of these services and their interfaces.

3. Conclusion of contract and trial

(1) The contract is concluded when the customer selects a plan, completes the booking and accepts these terms. Payments are processed by the payment service provider Stripe.

(2) New customers receive a free 14-day trial. Unless the customer cancels before the trial ends, the contract automatically continues as the selected paid plan and the first payment becomes due. The provider reminds the customer by email before the trial ends.

4. Prices and payment

(1) The prices shown at the time of booking apply. All prices are net plus statutory VAT. For customers with a valid VAT identification number in another EU member state, the reverse-charge procedure applies.

(2) Fees are payable in advance, monthly or yearly depending on the selected interval, and are collected from the stored payment method. The provider issues invoices electronically.

(3) Amounts already paid for a billing period that has started are not refunded, including on cancellation or a switch to a smaller plan during that period. Mandatory statutory claims remain unaffected.

(4) The provider may adjust prices with effect from the next billing period. It announces a price increase at least six weeks in advance in text form. In this case the customer may terminate the contract as of the date the increase takes effect.

5. Term, plan changes and cancellation

(1) The contract runs for one month or one year, depending on the selected interval, and renews for the same period unless cancelled.

(2) The customer may cancel at any time, effective at the end of the current billing period, without giving reasons. Cancellation is possible in the customer portal under “Billing” or in text form to support@set-up.io. Full access continues until the end of the period.

(3) The customer changes plans in the customer portal. When a change takes effect and how it is prorated follow the information shown there before the change. If the number of existing workspaces exceeds the new plan, the customer cannot create further workspaces until they are below the limit.

(4) Both parties' right to terminate for good cause remains unaffected.

6. Availability and maintenance

(1) The provider operates set-up with due care but does not owe any particular availability unless expressly agreed otherwise.

(2) The provider carries out maintenance at low-usage times where possible. Temporary restrictions due to maintenance, disruptions at third parties (for example hosting, advertising platforms) or force majeure do not give rise to claims unless the provider is responsible for them.

7. Customer obligations

(1) The customer keeps their access credentials secret and informs the provider without delay if misuse is suspected. The customer is responsible for all actions taken through their accounts.

(2) The customer is responsible for the websites on which they embed set-up. In particular, the customer ensures that visitors are adequately informed and that any required consent has been obtained, for example through a consent management platform (consent banner), and that they may lawfully process the captured data and pass it on to advertising platforms.

(3) If the customer connects advertising accounts to set-up and approves changes, for example negative keywords, bid or campaign changes, the decision on these changes and their economic consequences lies with the customer.

(4) The customer does not use set-up for unlawful purposes and does not transmit content that infringes the rights of third parties.

8. AI features and AI credits

(1) Some features use artificial intelligence models. Their results, for example assessments, texts, campaign drafts or recommendations, may be incomplete or wrong. The customer reviews them before use. The provider does not guarantee any particular outcome, such as revenue or advertising results.

(2) AI features consume AI credits. The monthly quota included in the plan expires at the end of each month. Additionally purchased credits do not expire while the contract is in force. There is no entitlement to a payout or refund of credits.

9. Late payment and suspension

(1) If a payment fails, the payment service provider retries the charge and the provider informs the customer by email.

(2) If payment is ultimately not made or the contract ends, the provider may suspend access. While suspended, the portal is read-only, billing remains accessible, and set-up accepts no new tracking data and sends no conversions. Once outstanding amounts are paid, the provider lifts the suspension without delay.

10. Data protection and processing on behalf

(1) Insofar as the provider processes personal data on behalf of the customer when set-up is used, in particular data of visitors to the customer's websites, it acts as a processor under Art. 28 GDPR. The data processing agreement (DPA) in its current version forms part of this contract and is deemed concluded upon acceptance of these terms. The provider makes the DPA available on request.

(2) The processing of the customer's own personal data is governed by the privacy policy.

11. Liability

(1) The provider is 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 guarantee given.

(2) In the event of a slightly negligent breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely, liability is limited to the foreseeable damage typical for the contract, at most to the fees the customer paid in the twelve months before the event causing the damage. Otherwise, liability for slight negligence is excluded.

(3) Strict liability for defects existing at the time the contract is concluded (§ 536a(1) BGB) is excluded.

(4) These limitations of liability also apply in favour of the provider's employees and agents.

12. Data at the end of the contract

Until the contract ends, the customer can view their data in set-up and export their leads. After the contract ends, the provider deletes the data processed on behalf in accordance with the DPA, unless statutory retention obligations prevent this.

13. Changes to these terms

The provider may change these terms with effect for the future where this is necessary for objective reasons, for example due to changes in the law or new features, and the customer is not unreasonably disadvantaged. It announces changes in text form at least six weeks before they take effect. If the customer does not object before they take effect, the changes are deemed accepted. The provider points out the right to object and this consequence in the announcement. In the event of an objection, both parties may terminate the contract as of the date the change takes effect.

14. Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for all disputes arising from this contract is the provider's registered office, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

(3) If any provision of these terms is invalid, the validity of the remaining provisions remains unaffected.

As of October 2026