Translation Notice: This English version is a courtesy translation of the German “Allgemeine Geschäftsbedingungen.”
Only the German version is legally binding. In case of any inconsistencies between the German and English versions, the German version shall take precedence.

Terms and Conditions owntag.eu

As of: January 3, 2025, Version 2.0

Contracting Parties, Scope

These General Terms and Conditions (GTC) govern the contractual relationships between

owntag GmbH
Offakamp 9e
22529 Hamburg
Germany

(hereinafter referred to as “owntag”) and its customers.

Wherever the term “customers” is used below, this refers exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code). owntag’s offer is directed exclusively at such entrepreneurs and owntag will not enter into any business relationship with private individuals.

owntag’s offer is directed exclusively at customers with their place of business within the European Union.

Any terms and conditions of the customer that deviate from these GTC in whole or in part shall not become part of the contract unless owntag has given its consent in text form. owntag’s General Terms and Conditions shall also apply exclusively if owntag provides services without reservation in the knowledge of conflicting terms and conditions of the customer.

Subject matter of the contract

General information

The services are described in detail on the owntag website in terms of type and scope, unless contracts are concluded through individual communication. The respective service description at the time of placing the order is decisive for the customer. In the event of contradictions, this service description takes precedence over the contractual content described below.

Definitions

User: The end user whose data (“user data”) is processed by the customer using the software operated by owntag on behalf of the customer.

Customer: The contractual partner of owntag who has commissioned owntag to provide the booked service.

Setup: An installation of the Google Tag Manager Server Side Container provided by owntag from the SGTM Docker Image published by Google Inc. and used by the customer.

Operation of the Google Tag Manager Server Side Container

owntag operates the “Google Tag Manager Server Side Container” software for its customers. This is a so-called tag management system that is used to manage, organize, and control the collection of digital data, with a particular focus on digital analysis such as web analytics or marketing technology.
In the following, “Google Tag Manager Server Side Container” is referred to as “[the] SGTM”.

The SGTM is software provided by Google Inc. free of charge and publicly available that is not developed or modified by owntag. owntag has no special business relationship with Google Inc. and expressly does not act as a provider of the software, but merely as a technical service provider for operation on behalf of the customer.
owntag’s customer has no claim to a specific functionality or even to the correct functionality of the service, provided that the actual observed function is derived from the original SGTM software.

owntag provides server resources on behalf of the customer, uses them to operate an instance of the SGTM, and then makes them available to its customers.
The customer then uses the SGTM to receive data via the HTTP protocol, process it on their own responsibility with the help of the SGTM, and forward it to the final data recipient.

The customer receives the non-exclusive right, limited to the term of the contract, to use the software functionalities associated with the use of the web servers in accordance with these GTC.
The customer does not receive any rights beyond this.

The customer acknowledges that the SGTM may be subject to license terms and conditions of Google Inc., which the customer must observe (see, for example, https://www.google.com/analytics/terms/tag-manager/). owntag’s reference to such license terms and conditions does not release the customer from the obligation to inform themselves about these license terms and conditions.
owntag accepts no liability for damages resulting from the violation of such third-party license terms.

The responsibility for the data processing that takes place in the SGTM lies exclusively with the customer. Even though owntag provides the server infrastructure, it regularly has no direct technical access to this processing.

Logging

owntag operates a service for organizing and forwarding data, not for storing data. Even though data storage can be controlled via SGTM, this storage does not take place at owntag.

Exception: owntag will temporarily store incoming data in order to observe, identify, and correct errors in operation (“logging”). Logging, both for owntag and for the customer, takes place for a maximum period of 30 days. Neither the customer nor other parties have a claim to logging; it is purely a courtesy service that is not part of the contract.

Logging for the customer

In addition to logging for owntag’s internal purposes, owntag can log incoming requests for its customers as an additional service in order to subsequently make the log entries available to the customer. The customer can use these logs to check, for example, that their implementations in SGTM are functioning correctly.

Guarantees by owntag

owntag guarantees:

1. owntag’s offer is aimed exclusively at customers with their place of business within the European Union. This also means that owntag will not accept customers from the USA or other countries without an adequate level of data protection.

2. The server resources that owntag uses to operate the SGTM instances ordered by the customer within the scope of the contract will either be provided by owntag itself or sourced exclusively from companies based in the European Union.

3. The server hardware

• with which user data from owntag is received
  • forwarded to the customer’s SGTM instance
• on which the customer’s SGTM instance is operated
• on which owntag’s internal logging data, which may contain user data, is stored

is physically located in the European Union and is operated by a company that has its headquarters in the European Union.

4. owntag will not use the incoming data for any purpose other than the contractually agreed operation of the SGTM at any time.

Note:

Blanket promises that data collection with owntag is fundamentally “data protection compliant” or automatically “GDPR compatible” would be irresponsible, as owntag can only ever be expected to represent one part of modern digital data collection.
However, data collection that is fully compliant with data protection laws requires compliant processes throughout 100% of the process chain, over which owntag has no influence and which vary from company to company.

owntag cannot and will not make such blanket promises at any time.

Customer responsibility

All user data that customers send to an SGTM operated by owntag remains the responsibility of the customer at all times.

Support

The subject of user support for the customer (“support”) is all consulting and support services in German, with the exception of planning work and monitoring services. The customer has no claim to support. Any support provided is purely a gesture of goodwill and does not justify any claim to further support.

The customer programs, maintains, and operates the analysis and marketing technology implementations in their setups on the server resources provided by owntag in accordance with the contract under their sole responsibility.

Conclusion of the contract

The contract for the server services offered via the owntag website is concluded electronically when the customer orders the services offered there from owntag in a system provided by owntag on the website and owntag accepts the customer’s order and provides the setup.

The customer is bound to their order (binding offer) for services in accordance with Section 3.1 for a period of five days.

owntag expressly reserves the right at any time not to accept an order for any reason in individual cases.

Furthermore, offers from owntag, including offers on the website, are always subject to change.

Customer’s duties and obligations

The customer is obliged to provide the data required for their order completely and truthfully. If the customer violates the obligation to provide truthful information, owntag is entitled to terminate the contractual relationship with immediate effect.

The customer shall immediately correct or update any changes to the information provided by the customer. The customer is obliged to keep the email address provided to owntag in the order form up to date and to regularly check their email inbox for messages from owntag.

Users shall keep their user names and passwords or comparable mechanisms such as single sign-on accesses, e.g. via Google, which secure access to the owntag administration interface, protected from unauthorized access by third parties. Passwords must be changed at regular intervals for security reasons. In digital media, the customer may only store user names and passwords in encrypted form.

If a password is entered incorrectly several times, this may lead to the blocking of the usage options for which the password applies in order to protect the customer.

The customer is obliged not to exceed the limited inclusive services in terms of quantity, unless an excess is expressly agreed in the contract. If such a possible exceeding has been agreed, the billing of the traffic volume beyond the inclusive service is based on the contractual agreement.

The customer must ensure that they use the software access provided to them in such a way that the infrastructure or data of other owntag customers, server stability, server performance, or server availability are not impaired contrary to the contractually stipulated use.

Information from owntag to the customer concerning the conclusion of the contract, the execution of the contract, in particular invoicing and dunning, including the termination of the contract (cancellation), is generally provided in text form (i.e., by email). Only in exceptional cases or in cases of legal obligation does owntag create texts in written form and send them to the customer’s address provided to it.

Responsibility of the customer

The customer is responsible under general law for all content that the customer keeps available or stores on the web server provided by owntag (information, i.e., data, graphics, images, music, videos, or other information that is accessible or distributed via the technologies provided by owntag). The same applies to acts of use on the web servers initiated by the customer.

If the customer’s use of owntag constitutes a telemedia service, the customer must continue to comply with the information obligations imposed by law on providers of electronic information and communication services and telecommunications services. The customer must comply with the requirements of data protection laws insofar as they themselves process or have processed personal data.

Prohibited

The customer may not use owntag’s services to enable unsolicited emails to third parties for advertising purposes (mail spamming) or to send messages for advertising purposes (news spamming), to send threatening or harassing messages to third parties, or to enable unauthorized retrieval of information or unauthorized intrusion into data networks.

The customer is not permitted to sublet services unless they are a reseller authorized by owntag.

The customer is obliged to set up their systems, scripts, programs, and other files and data on owntag’s servers in such a way that neither the security, integrity, nor availability of the networks, servers, and software used by owntag to provide its services is impaired.
owntag is entitled to block or regulate access by the customer or third parties if its networks, servers, and software operate or react in a manner that deviates from normal operating behavior and thereby compromises the security, integrity, or availability of owntag’s systems.
The customer is not entitled to use owntag’s services for illegal activities.

Any other prohibited types of use or usage activities will be announced on the owntag website if necessary.

During the temporary blocking within the meaning of the preceding paragraphs, owntag retains its claim to the agreed remuneration.

Availability

The customer can expect an average accessibility of 99.0% per year for the servers and data paths provided by owntag.
This does not include times when the servers are unavailable due to technical or other problems beyond owntag’s control (force majeure, third-party fault, etc.).

owntag may restrict access to the services if this is necessary to ensure the security of network operation, maintain network integrity, and, in particular, prevent serious disruptions to the network, software, or stored data.

Terms of payment

owntag’s services are billed monthly at the end of each month.
Only months used on a pro rata basis are billed on a daily basis.

The customer can pay by automatic direct debit via SEPA direct debit or by credit card via the payment service provider Stripe.
Other payment methods are not provided for, unless expressly agreed otherwise.

The customer will receive an invoice or calculation of the agreed and due remuneration in electronic form as a PDF document. It will be sent to the email address of the user responsible for billing stored with owntag after each calendar month has expired. The customer is not entitled to a digitally signed invoice (§ 14 (3) UStG).

If the customer is in default with their payment obligations, owntag is entitled to restrict the customer’s access to the resources provided by owntag. owntag will inform the customer of this consequence of their default in a reminder, which will be sent by email to the email address last provided by the customer. If the reminder cannot be delivered by email, owntag is entitled to immediately block access on a temporary basis. In the event of default by the customer, the customer’s payment obligation continues despite blocked access.

Changes to prices will be communicated to the customer in text form at least six weeks before they are scheduled to take effect. In the event of a price increase, the customer has the right to terminate the contract in text form without observing a notice period at the time the price adjustment takes effect. owntag will specifically point this out to the customer in the notification of change. Otherwise, § 315 BGB remains unaffected.

Blocking

owntag will only make use of the technical possibility of blocking the customer’s access to the services provided in necessary exceptional cases and will always take the customer’s legitimate interests into account. If owntag blocks access, owntag is entitled to block all contractual services and benefits. The choice of blocking measure is at the discretion of owntag.

A justified blocking by owntag does not release the customer from their obligation to pay the agreed fees.

If owntag receives warnings, reminders, or admonitions from third parties containing credible allegations of legal violations, owntag shall be entitled, without further legal review, to temporarily block third-party access to the information complained of, from which the infringement originates, unless the customer immediately proves to owntag that no infringement has occurred or owntag is indemnified by the customer – if necessary, by providing security – against the consequences of claims by third parties. owntag is not obliged to provide legal advice to the customer.

owntag shall satisfy its notification obligations for the preparation or defense and implementation of the block by sending the relevant notifications by email to the email address provided by the customer. It is the customer’s responsibility to ensure that the email address they have provided is accessible.

owntag may make the lifting of the block conditional upon the customer demonstrably remedying the unlawful situation and submitting a cease-and-desist declaration to owntag, subject to a contractual penalty, in order to exclude the risk of repetition, as well as providing security for the payment of any contractual penalty that may arise in the future as a result. The amount of the security corresponds to the amount of costs expected to be incurred by owntag in the event of a claim by a third party. The amount of the contractual penalty is based on the significance of the violation.

If owntag is held liable by third parties or government agencies for conduct that entitles owntag to block access, the customer undertakes to indemnify the provider against all claims and to bear the costs incurred as a result of the claim or the removal of the illegal situation. This includes, in particular, the provider’s necessary legal defense costs.

Obligations upon termination of the contract

On the date of termination of the contract, the customer is obliged to delete any implementations and configurations made by them.

The customer is responsible for ensuring that their data is exported in good time and subsequently stored appropriately on their own storage media.

Offsetting by the customer, right of retention

The customer may only offset owntag’s claims if these claims are undisputed or have been legally established. The customer is only entitled to assert a right of retention on the basis of counterclaims resulting from the contractual relationship with owntag.

Liability

Any liability on the part of owntag—regardless of the legal basis—shall be limited exclusively to the following provisions.

Unlimited liability: owntag shall be liable for intent and gross negligence. owntag shall be liable for slight negligence in accordance with the Product Liability Act based on the Telecommunications Act and for damages resulting from injury to life, limb, or health of persons.

Limitation of liability: In cases of slight negligence, owntag shall otherwise only be liable for the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation). This limitation of liability also applies in favor of owntag’s vicarious agents.

Owntag’s no-fault liability for damages for defects existing at the time of conclusion of the contract (§ 536a BGB) is excluded.

Contract term, termination, termination of the contract

Unless otherwise agreed, the contract is concluded for an indefinite period.

Unless expressly agreed otherwise, the contract can be terminated by both owntag and the customer on a monthly basis at the end of the following month.

Ordinary termination of the contract by the customer can only be effected via the owntag administration interface – online – to which owntag must grant the customer access at any time.

Online termination in accordance with the previous provision shall result in the immediate deletion of all customer data stored by owntag on the storage space provided for the customer.

Extraordinary termination

The parties reserve the right to terminate the contract for hosting or domain services extraordinarily. For extraordinary termination, at least text form (e.g., by email) is agreed. Extraordinary termination for good cause shall be deemed to exist in particular if

the customer is more than one month in arrears with a due payment, or

the customer culpably violates a contractual obligation despite a warning, or

the customer does not remedy a breach of contract or law within a reasonable period of time, in particular if the customer makes illegal information available for retrieval or use via their setup, even though they have been made aware of this circumstance by third parties or by owntag.

A warning is not required if the breach of obligation makes it unreasonable for owntag to continue the contract, in particular because owntag would also be liable to third parties as a result of this breach of obligation.

If the entire contract is not terminated, but only one or more, but not all, setups are terminated, the rest of the contract shall remain in force.

Data protection

owntag shall inform the customer separately about the collection, processing, and use of personal data, in particular via the privacy policy and the data processing agreement.

Applicable law, place of jurisdiction, invalidity

The law of the Federal Republic of Germany shall apply exclusively to contracts concluded by owntag on the basis of these General Terms and Conditions and to any claims arising therefrom, regardless of their nature. In the event of contracts being concluded with consumers who are not based in Germany, the mandatory consumer protection provisions of the consumer law in their respective home country, which applies to their place of residence, shall remain unaffected by sentence 1.

The place of jurisdiction for all claims arising from disputes between the contracting parties, in particular regarding the conclusion, execution, or termination of the contract, is the registered office of owntag, provided that the customer is a registered trader, a legal entity under public law, or a special fund under public law.

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

Mandatory information

Insofar as owntag uses telemedia for the purpose of concluding contracts (contracts in electronic commerce), owntag is obliged to provide information. This applies to both consumer customers and consumer and business customers.

Identity of the company

The customer’s contractual partner is:

owntag GmbH
Offakamp 9e
22529 Hamburg
Germany

Further information

The electronic ordering process on the website provides all customers with appropriate, effective, and accessible technical means to help them identify and correct input errors before submitting their order.

Price information

The prices displayed on the website are net prices, excluding value added tax. Value added tax is shown separately on the invoice.