Legal

WebPros Terms of Use

1. ACCEPTANCE OF TERMS
The services that WebPros International GmbH and its affiliated companies (”WebPros”) provide to you are subject to these Terms of Use (“Terms”). Please read the Terms carefully before you accept these Terms by: (a) placing an order through the Plesk online store and/or (b) use the plesk.com website (“Website”) in any other manner. If you do not agree to all of these terms, please do not use this Website or any services associated with it. By using this Website, You represent to WebPros that you are legally authorized to accept these Terms. If you are using or otherwise participating in WebPros / Plesk forums or as a Content Contributor, You represent to WebPros that you are at least 18 years of age. WebPros provides you access to different resources including online store, download area, the Content Contributor Program, communications forums (“Forums”), technical support and product information (collectively “Services”). These Terms will govern your use of any new features that may be added to the current Services or the Website, including the release of new Plesk / WebPros resources. In addition to the Terms and unless otherwise noted, the WebPros End User License Agreement (the “EULA”) governs purchases you make through the online store, unless there is a separate written purchase, license or partnership agreement in place with WebPros for that product, in which case that separate agreement will govern the relationship to WebPros together with these Terms and the WebPros EULA. If there is a conflict between: (a) these Terms, and (b) either the WebPros EULA or other applicable purchase, license or partnership agreement, the latter shall prevail.

2. YOUR OBLIGATIONS

a) In consideration of your use of the Services, you agree to be solely responsible for: (a) any of your passwords and their security, and (b) the provision of true, accurate, current, and complete information and Content in relation to the Services. WebPros is not liable for any unauthorized use of the Website or Services including Forums. You acknowledge and agree that certain Services may provide password-restricted access to customer information such as names and certain terms of your existing contracts to assist you in purchasing, maintaining and supporting your WebPros products. By using this Website and registering for the Services, you consent to WebPros’ display of such information via the Services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or WebPros has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, WebPros may suspend or terminate your account and refuse any and all current or future use of, or access to, the Services (or any portion thereof).

b) These Terms also serve as the basis for your access, visits and participation in the Forums, which are comprised of a collection of technical support platforms related to WebPros software products and, if applicable, the Content Contributor Program. WebPros reserves the right to modify, suspend or terminate the Forums, the Content Contributor Program and/or these Terms from time to time at its sole discretion and without notice. The Forums and Services are provided on an AS IS and AS AVAILABLE basis. WebPros will not be liable to you or any third-party for any claims or actions arising or resulting from your use, visit, or participation in the Forums and Services and for any modification, suspension, or termination of the Forums, or termination of your access to the Forums.

3. CONFIDENTIALITY OF PLESK INFORMATION

In order to gain access to the Services, you agree to these confidentiality provisions:

a) You acknowledge that you may obtain direct access via the Website and the Services to certain WebPros confidential information (“Information”). You must hold Information in strict confidence and may provide Information to employees in your organization only on a need-to-know basis. You may use the Information from the Website and the Services solely for the purpose of purchasing, maintaining and supporting your WebPros products and for your participation in the Services itself. Title to Information remains with WebPros and its suppliers. You agree, either as an individual or on behalf of your employer, to be bound by the provisions of this Section 3. Furthermore, if you are acting on behalf of your employer, your employer agrees to indemnify you for violations of this Section 3.

b) You do not acquire any rights in Information, except the limited right to use Information as described above.

c) Any breach of the Terms will result in irreparable harm to WebPros for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, WebPros will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if WebPros seeks such an injunction.

d) Your obligations regarding Information expire five (5) years after the date of disclosure. Upon termination of the Terms or WebPros’ written request, you must cease use of Information and return or destroy all Information.

e) The Terms impose no obligation upon you with respect to Information that you can establish by legally sufficient evidence, such as: (a) you possessed, or knew, prior to your receipt from WebPros, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Information and without the participation of individuals who have had access to Information, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to WebPros adequate to afford WebPros the opportunity to object to the disclosure.

4. YOUR CONDUCT

a) You understand that all information, data, text, messages, written posts and comments, software, scripts, graphics or other materials (“Content”), whether publicly made accessible or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not WebPros, are entirely responsible for all Content that you upload, post, make available or otherwise transmit via the Services. You represent that all Content provided by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations nationally and internationally. WebPros may, but shall not be obliged to control or keep up-to-date Content posted by you or third party contributors via the Services and, as such, does not guarantee the accuracy, integrity or quality of Content.

b) Subject to additional provisions of these terms relating to Inventions, ownership and Intellectual Property, by submitting Content to WebPros for inclusion on the website using the Services or otherwise, you hereby grant to WebPros a worldwide, unlimited, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such Content in connection with the Website, the Services and the WebPros business, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of the Services. You further hereby grant each user of the Services a non-exclusive, perpetual license to access any of your Content that is available to such user on the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content.

Subject to these Terms, WebPros grants to each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to use (i.e., to download and display locally) certain Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission by WebPros. The aforementioned shall not apply to Content provided or made available under a Creative Commons or any other open source license. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

c) Unless otherwise explicitly stated herein, any Content provided by you in connection with the Services (except for privately transmitted information or support information) shall be deemed to be provided on a non-proprietary and non-confidential basis. WebPros shall have no obligation of any kind with respect to such Content and shall be free to use or disseminate such Content on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Content that you submit, and you, not WebPros, have full responsibility for the Content, including their legality, reliability, appropriateness, originality and copyright including email messages, newsgroup postings, chat, and personal or business web pages. You acknowledge that all Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

d) Some Content will be marked or published in relation to the Services under a “Creative Commons” license, identified by their respective Creative Commons mark. WebPros hereby grants to each user of the respective Services a license to Creative Comments Content under the Creative Commons CC BY-NC-SA 4.0 US license. By using Creative Commons Content in relation to the Services, you agree to abide by the terms of the Creative Comments License. WebPros expressly disclaims any liability and cannot be held responsible for the Content you create or access when using the Services. Creative Comments Content may be freely shared or adapted by you, provided you let others share it or let it be adapted in the same way. Especially by participating in the Content Contributor Program, you agree to abide by the terms of the Creative Comments License, too.

e) You agree and acknowledge not to post or store on the Website or in association with the Services any Content that violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, pornography, defamatory, racist, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable. You also commit to refrain from posting or making available any personal identifiable information of any 3rd party. In the event you provide any such personal identifiable information concerning yourself, you hereby explicitly and expressly agree and acknowledge that such information may be stored, processed, displayed or transferred (nationally and internationally) by WebPros. Certain Content provided by WebPros or by our users may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

f) WebPros reserves the right to edit, block or remove Content that WebPros becomes aware of and determines to be inappropriate as set forth in section (d) above. WebPros may also remove Content that contains third-party commercial advertisements, is inaccurate or includes unauthorized disclosure or personal information. Violation of these restrictions (“Restrictions”) may also result in the termination or suspension of your access to the Services. These Restrictions apply to all content provided to or through the Website or the Services.

g) You agree not to use the Services in any way for spamming or to transmit chain letters, junk email or bulk communications. In the event of such spamming, WebPros is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). WebPros reserves the right to block, filter or delete unsolicited email. Furthermore, you agree not to transmit unsolicited or bulk communications to any WebPros account holder or to any plesk.com / webpros.com email address (regardless of whether you use the Services to transmit any such communication).

h) You agree not to use any Plesk or WebPros domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service; and you may not pretend to be someone else or spoof their identity when using the Services.

i) You agree not to use the Services for any unlawful activities not otherwise covered above. Additionally, you agree NOT to use the Services to:
• (1) impersonate any person or entity, including, but not limited to, a WebPros official, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• (2) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images (those not linked to plesk.com from another accessible page);
• (3) upload, post or otherwise transmit any Content that you do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• (4) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• (5) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• (6) post, publish, or distribute any radical, defamatory, obscene, infringing, pornographic or other unlawful material or information in the Forums;
• (7) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; or
• (8) collect or store personal data about other users.

j) WebPros may, at its exclusive option and discretion, associate the provision of content under the Content Contributor Program with a voluntary reward of WebPros’ choice. You understand and acknowledge that you do not have any claim to receive a reward for submitted content and any reward is granted by WebPros at its sole discretion, option and judgment. The types of available rewards are published on http://www.plesk.com/ from time to time and may, at any given time, be withdrawn by WebPros without substitution.

5. INVENTIONS, OWNERSHIP, RIGHTS AND LIABILITY

a) During your use of the Services you have the opportunity to actively participate by submitting Content and creating, providing, sharing and uploading information to the Forums such as comments, ideas or suggestions for new or improved software products, technologies, marketing/advertising campaigns or product names, data, articles, documents, discussion forum threads, blog entries, computer code, such as software sample code, source code, scripts, patches, bug fixes, binaries or executables, or other information (collectively “Inventions”). Inventions in the Forums are subject to the Terms of Use. WebPros assumes no responsibility or liability over the sharing of Inventions among users. Any content or Inventions shared with WebPros in the course of the Content Contributor Program shall however immediately transfer to and vest in WebPros upon submitting them to WebPros. If submitted under the Content Contributor Program, you agree and explicitly acknowledge that ownership of and any rights in and to the content or Inventions submitted will immediately transfer to WebPros and if required, you will assist WebPros upon request in registering and/or otherwise securing WebPros’ rights in the Content or Inventions under the Content Contributor Program.

b) Any Inventions provided by you in the Forums or in relation to the Services may be editable and freely used by WebPros and other users. Ways in which Inventions may be used include, but are not limited to, creating comments, articles, documents, FAQs, or knowledge bases. For example, users may incorporate discussion threads written by other users into new documents. Additionally, users may incorporate documents written by others to create a new list of FAQs or new entries in the Content Contributor Program. WebPros shall have the right to retain and use Inventions, in edited or unedited form, for any purpose in any way including but not limited to re-posting such Inventions to other areas of the Forums and Services, by using Inventions in current or future products or services, or even give or sell the Inventions to others. Therefore, do not upload Inventions to the Forums, the Services or especially the Content Contributor Program (in which case the inventions will be transferred into the ownership of WebPros) unless you agree to these Terms of Use. WebPros is under no obligation to post or use any Inventions provided by users and WebPros may in fact remove any Inventions at any time at its sole discretion for any reasons.

c) WebPros does not claim ownership of any Inventions that you or other users post, upload, submit or otherwise provide to the Forums. If, however, Content or Inventions are posted, uploaded, submitted or otherwise provided under the Content Contributor Program, WebPros claims ownership and will be considered the owner of the associated intellectual property rights in and to them upon their transmission to WebPros. In the event such transfer of ownership is not legally permitted or possible, by providing Inventions, you grant to WebPros a perpetual, worldwide, exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, distribute and commercialize such Inventions and derivative works with the right but no obligation to disclose or mention the owner or author of the intellectual property. Additionally, by providing Inventions, you grant to WebPros a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license to make, have made, use, offer to sell, export, and otherwise transfer or sublicense such Inventions as its own. You also grant WebPros and all users of the Forums the permission to use your Inventions in other areas of the Forums and Services and for other commercial or noncommercial uses. You further agree and commit not to publish, upload, share or use content provided by you under the Content Contributor Program in any other program, forum, discussion and/or on any other website without the prior written consent of WebPros.

d) In order to grant WebPros and other users the rights, permissions and licenses contained herein, you represent and warrant that you either own or have all the necessary intellectual property rights in the Inventions uploaded or shared with WebPros or other users and that your Inventions are non-infringing on the patent, copyright or other intellectual property rights of others. Do not post, upload, submit or otherwise provide Inventions that are protected by the intellectual property rights of others, unless you own or have the necessary rights or licenses to use such Inventions.

e) By uploading Inventions to the Forums or in relation to the Services, you warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware. All Inventions available for download and/or use are provided on an AS IS and AS AVAILABLE basis, without any warranty of any kind and you assume all risks associated with the Inventions that you download. WebPros expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. In no event will WebPros be liable for any direct or indirect damages for any claims arising out of your download and/or use of such Inventions.

f) All Inventions are deemed be provided on a non-confidential basis. WebPros is under no obligation to and does not control the Inventions created, provided or uploaded to the Forums or in relation to the Services. The nature of some Inventions may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. WebPros reserves the right to take down and remove Inventions that are flagged by users or deemed by WebPros as objectionable. However, WebPros is under no duty to take down or remove any Inventions.

6. INDEMNITY
You agree to indemnify and hold WebPros, and its subsidiaries, affiliates, officers, agents, directors or partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Services, including any use by your employees, your connection to the Services, your violation of the Terms, or your violation of any rights of another.

7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES
WebPros may make changes to the Terms or other matters by displaying notices or links to notices to you generally on the Services. It is your responsibility to periodically check the Terms for changes. WebPros reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. WebPros may make changes to the Plesk on-line store, including regarding products, services, programs, and prices, at any time without notice. WebPros, in its sole discretion, may terminate your password, your use of the Services or use of any other WebPros service, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if WebPros believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of your access to the Services under any provision of the Terms may be effected without prior notice, and WebPros may immediately de-activate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. WebPros will not be liable to you or any third-party for any termination, modification, or suspension of the Services.

8. ADVERTISEMENTS AND PROMOTIONS
WebPros may run advertisements and promotions from third parties on the Services. Any correspondence or business dealings with, or participation in promotions of, advertisers other than WebPros found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. WebPros is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-WebPros advertisers on the Services.

9. LINKS
The Services may provide, or third parties may provide, links to other Internet sites or resources. Because WebPros has no control over such sites and resources, you acknowledge and agree that WebPros is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. WebPros will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such site or resource. This Website may be linked to other websites which are not under the control of and are not maintained by WebPros. WebPros is not responsible for any third party content of those sites. WebPros is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by WebPros of those sites.

10. INTELLECTUAL PROPERTY RIGHTS

a) The Services and any software (including any downloads available at the Website or otherwise provided by WebPros) used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Any third party content contained in third-party advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by WebPros or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

b) WebPros is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact our copyright agent as described in our copyright policy.

c) All Content (except for the Content shared by other users in the Forums or in relation to the Services) provided on this Website is provided by or to WebPros by its respective manufacturers, authors, developers and vendors (the “Third Party Providers”) and is the copyrighted work of WebPros and/or the Third Party Providers. Except as stated in these Terms of Use, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of WebPros or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of WebPros. You also may not, without WebPros’ prior express written permission, “mirror” any Content contained on this Website on any other server.

d) Except for the license to the Content shared by other users in the Forums or in relation to the Services and Inventions per Section 4 and 5 above, nothing on this Website shall be construed as conferring any license under any of WebPros’ or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

e) All intellectual property rights in and to the Content and Inventions submitted to WebPros under the Content Contributor Program shall transfer to WebPros upon its receipt by WebPros. The contributor explicitly and irrevocably agrees to and acknowledges the assignment of all proprietary rights in and to such Content or Inventions to WebPros.

f) Permission is granted to display, copy, distribute and download WebPros’ Content on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Content, (2) the use of such Content is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, except as explicitly permitted by valid license covering such materials, and (3) no modifications of any of the Content are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed Content.

11. DISCLAIMER OF WARRANTIES

a) YOUR USE OF THE SERVICES AND ANY SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE, SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS”, “WITH ALL FAULTS,” AND IS FOR COMMERCIAL USE ONLY. WEBPROS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NONINFRINGEMENT. WEBPROS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE. WEBPROS MAY MAKE AVAILABLE ON THE WEBSITE CONTENT AVAILABLE FOR DOWNLOADING WHICH HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF THE WEBSITE. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL WEBPROS OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITE.

b) WEBPROS MAKES NO WARRANTY OR CONDITION THAT: (i) THE SOFTWARE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, CONTENT OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBPROS OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. WEBPROS’ EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.

12. LIMITATION OF LIABILITY

a) TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, WEBPROS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF WEBPROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE SOFTWARE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, SOFTWARE, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE WEBSITE.

b) YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST WEBPROS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.

c) YOU AGREE TO HOLD WEBPROS HARMLESS FROM, AND YOU COVENANT NOT TO SUE WEBPROS FOR, ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may only apply to you in accordance to the minimum liability requirements in your applicable jurisdiction.

13. GENERAL INFORMATION
a) These Terms constitute the entire agreement between you and WebPros and govern your use of the Services, superseding any prior agreements between you and WebPros (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use other WebPros services, third-party content or third-party software. You must not assign or otherwise transfer the Terms nor any right granted hereunder. Sections 3, 4, 5, 7, 10, 12 and 13 survive termination of the Terms.

b) The laws of Switzerland govern any action related to the Terms. No choice of law rules of any jurisdiction apply. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You and WebPros agree to submit to the personal and exclusive jurisdiction of the state courts located within Zürich / Switzerland.

c) WebPros controls and operates this Website from its headquarters in Switzerland and makes no representation that this Content is appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

d) You acknowledge and agree that Content may be subject to certain international Export Laws and Regulations. Diversion of such Content contrary to such Laws and Regulations is prohibited. You agree that none of the Content, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects. You agree to assume sole responsibility for obtaining licenses to export or re-export as may be required.

e) This Website could include inaccuracies or typographical errors. WebPros and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website. WebPros may amend these Terms at any time by posting the amended terms on this site.

f) The failure of WebPros to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

g) These Terms represent the entire understanding relating to the use of the Website and the Services and prevail over any prior or contemporaneous, conflicting, or additional, communications.

WebPros Privacy Policy

v.14 – Updated May 6^th, 2026

A. General Note

This Privacy Policy is aimed at worldwide users of WebPros websites and other online services (collectively the “Offerings”). To ensure a proper and secure handling of personal data handed over to us, WebPros has decided to make the principles of the EU General Data Protection Regulation (GDPR) applicable to all its global entities as a common standard in addition to local privacy laws in effect. E.g. for Europe, both, the provisions of the GDPR and the provisions of the Swiss Data Protection Act (DSG) and the UK General Data Protection Regulation (for WHMCS) apply, whereas in the USA, the applicable privacy regulations per state apply. If your locally applicable data protection law grants you a level of data protection that exceeds that of the GDPR, this stricter level will also apply in the relationship between you and WebPros. However, the level of data protection provided by the GDPR will never be undercut.

Insofar as the terms of the GDPR are used (e.g. “processing” or “personal data”), these are to be understood as having the same meaning in the sense of the Swiss DSG and/or your local data protection laws, insofar as this is objectively possible.

The aim of this Privacy Policy is to ensure the protection of your personal data in accordance with the fundamental requirements of the GDPR and the Swiss DSG.

B. Third Country Transfer 

Data processing also includes disclosure by transmission to third parties and, where applicable, to so-called third countries outside the European Union (“EU”) and the European Economic Area (“EEA”). Where we transfer data to countries outside the EU or the EEA, we have labelled this below. In the case of data transfer within our group of undertakings, there are generally adequacy decisions by the European Commission pursuant to Art. 45 para. 3 GDPR for the countries in which our group company is located, namely Switzerland, Japan and Canada. In the case of data transfer to our group company based in the USA, such company is certified under Data Privacy Framework standards, a data processing agreement is in place and  there are corresponding EU standard contractual clauses.

Supplementary in accordance with Swiss data protection law:

Subjects resident in Switzerland or as far as the DSG applies, we comply with the requirements of Art. 16 et seq. DSG. Personal data is only transferred abroad if the country in question has an adequate level of data protection (e.g. the EU Member States, Japan, Canada and the USA for certain areas in accordance with the Swiss-U.S. Data Privacy Framework) or appropriate safeguards are in place to protect the data, for example by concluding standard data protection clauses, contractual agreements or other suitable protective measures.

Unless an adequacy decision or appropriate safeguards are in place, data will only be transferred in exceptional cases, for example if it is necessary to fulfil a contract or if you have given your express consent.

Supplementary in accordance with data protection laws in the United States:

WebPros complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. WebPros has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. WebPros has further certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, these DPF Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, please visit https://www.dataprivacyframework.gov/ and to view our certification.

With respect to personal data received or transferred pursuant to the DPF program, WebPros US is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

Pursuant to the Data Privacy Framework (DPF) program, EU, UK, and Swiss you have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, WebPros will provide you with access to the personal information that is held about you. You may also correct, amend, or delete the personal information held about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Data Privacy Framework (DPF) program, should direct their query to [email protected]. If requested to remove data, we will respond within a reasonable timeframe, respecting the given legal boundaries.

Before sharing your data with third parties other than our agents, or before using it for a purpose other than the one which it was originally collected for or subsequently authorized, WebPros requires your individual and informed consent, which can be obtained via the consent management platform used by WebPros. To request to limit the use and disclosure of your personal information, please submit a written request to [email protected].

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Each such request is evaluated and assessed by the WebPros Legal Department prior to making a decision about any data release. WebPros will only provide requested data if it is legally obligated to do so.

Our accountability for personal data that we receive in the United States under the Data Privacy Framework (DPF) program and subsequently transfer to a third party is described in the Data Privacy Framework (DPF) program principles. Categories of third parties that could be involved in the transfer or processing of your data can be viewed in section 6 of this Privacy Policy. These might include online advertisers of our company and product services, website visitor analytics provider or sales target intelligence providers. Each third party which is entrusted with personal data is bound by a Data Processing Agreement in accordance with data protection laws in effect. In particular, we remain responsible and liable under the Data Privacy Framework (DPF) program Principles if third-party agents we engage to process personal data on our behalf do so in a manner inconsistent with the principles, unless we prove that we are not responsible for the event giving rise to the damage.

In compliance with the DPF principles, we commit to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the Data Privacy Framework (DPF) program. European Union, United Kingdom, and Swiss individuals with Data Privacy Framework (DPF) program inquiries or complaints should first contact us by email at [email protected] or via post at:

Webpros International, LLC
1100 W 23rd St
Suite 153
Houston TX, 77008
[email protected]

We have further committed to refer unresolved privacy complaints under the Data Privacy Framework (DPF) program Principles to an independent dispute resolution mechanism, Better Business Bureau (“BBB”) National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information and to file a complaint. This service is provided free of charge to you.

If your complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction

Supplementary in accordance with data protection laws in California / USA:

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. Pursuant to California Civil Code Section 1798.83, residents of the State of California have the right to request from companies conducting business in California certain information relating to third parties to which the company has disclosed certain categories of Personal Information during the preceding year for the third parties’ direct marketing purposes. Alternatively, the law provides that a company may comply, as WebPros does, by disclosing in its Privacy Policy that it provides consumers with a choice (opt-out or opt-in) regarding sharing Personal Information with third parties for those third parties’ direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, Webpros provides you choice prior to sharing your Personal Information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time cPanel offers that choice, cPanel does not share your information with that identified third party for its direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: privacy [at] cpanel.net or write to us at the following mailing address:

Webpros International, LLC
Attention: Privacy
1100 W 23rd St
Suite 153
Houston TX, 77008
[email protected]

Please put the statement “Your California Privacy Rights” in the subject field of your e-mail or include it in your letter if you choose to write to us at the designated mailing address. You must also include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labelled or sent properly, and do not have complete information.

C.  Joint Data Processing within the WebPros group

1. Joint Data Processing

As part of our business operations and the use of our website, we work closely within the WebPros group and jointly process certain personal data. The goal is to make our internal processes, IT systems, and administration efficient and secure. This may require us to share data within the WebPros group or process it in systems that we operate jointly.

The following entities belong to the WebPros group of companies:

WebPros International GmbH, Vordergasse 59, 8200 Schaffhausen / Switzerland

WebPros Germany GmbH, Hohenzollernring 72, 50672 Cologne / Germany

WebPros International L.L.C., 1100 W 23rd St,Houston, TX 77008 / USA

WebPros Spain S.L.U., Carrer d’Aragó, 182, Àtic, 08011 Barcelona / Spain

WebPros Bulgaria EOOD, ul. “San Stefano” 22, 1504 Sofia / Bulgaria

WebPros Japan K.K., G1 Bldg. 7F-1221, 1-3-3 Ginza, Chuo-ku, Tokyo 104-0061 / Japan

WebPros Netherlands B.V (i.L.)., Schiphol Boulevard 369, Tower F, 7^th floor, 1118BJ Schiphol / NL

WebPros (India) Pvt. Ltd., B 205, Bldg-42, B-Wing, Azad Nagar Sangam CHS, Andheri, Mumbai, Mumbai- 400053, Maharashtra / India

Canada WebPros International, Ltd., 1055 Dunsmuir Street, Suite 3000, Vancouver, BC  V7X 1K8 / Canada

XOVI GmbH, Hohenzollernring 72, 50672 Cologne / Germany

SocialBee Labs Srl., Poet Grigore Alexandrescu Str, No 51, 400560, Cluj-Napoca / Romania

Comet Licensing Ltd., 1/52 Acheron Drive, Upper Riccarton, Christchurch, 8041 / New Zealand

WHMCS Ltd., C/O TMF Group, 13th Floor, One Angel Court, London, EC2R 7HJ / United Kingdom

For data subjects from the EU, this joint data processing is based on our legitimate interest in accordance with Art. 6 para. 1 lit. f GDPR in a well-functioning corporate organization and IT infrastructure.

For persons from Switzerland, processing is also based on our overriding interest in accordance with Art. 31 para. 1 DSG in order to enable secure and efficient cooperation within the Webpros group.

To ensure data protection is maintained, we have established binding agreements within the WebPros group that specify which company assumes which tasks and responsibilities. If you have any questions or wish to exercise your rights, the WebPros company you first contacted is usually your point of contact.

2. Contact 

We have also internally assigned the fulfillment of data subject rights to WebPros International GmbH / Switzerland. You can contact the following point of contact at any time with inquiries or to exercise your data subject rights, and they will forward your request for processing, internally:
WebPros International GmbH

Vordergasse 59

8200 Schaffhausen / Switzerland

Email: [email protected].

3. Contact details of the data protection officer of WebPros International GmbH

Email: [email protected].

D. Data Processing 

The individual data affected by joint data processing, processing purposes, legal bases, recipients and, if applicable, transfers to third countries are listed below:

1. Contacting WebPros

When you contact us, we process the data you provide to us – for example, your name, your contact details (if provided), and your message – to handle your request. The processing is based on our contractual or pre-contractual obligations (Art. 6 para. 1 b) GDPR) or because we have a legitimate interest in responding to your inquiry (Art. 6 para. 1 f) GDPR). Under Swiss data protection law, we rely on our overriding interest in communicating with you and handling your request (Art. 31 para. 1 DSG).

2. Contact in case of Job Applications

If you send us your application, for example, by email or via a contact form, we will process the data you provide (such as name, email address, desired location) as well as your message and application documents solely for the purpose of processing your application.

For companies based in the EU, data processing is carried out on the basis of Art. 6 para. 1 b) GDPR, with § 26 BDSG (decision on an employment relationship) taking precedence in Germany. If further processing is required after the procedure is completed for legal prosecution, we base this on Art. 6 para. 1 f) GDPR (legitimate interests).

For applications in Switzerland, Art. 328b OR applies. According to this, data may be processed as far as it concerns suitability for the employment relationship or is necessary for the execution of the employment contract.

Your application data will be stored for the duration of the application process. After the procedure is completed, we will delete your data within 6 months, unless there are legal retention obligations, consent for longer storage (e.g., for an applicant pool), or further retention is required to protect legitimate interests (e.g., to defend against claims).

3. Contract fulfilment and data management in the context of service provision

For the establishment, execution, and processing of contracts, we process the necessary data (e.g., name, contact details, address, email address, phone number, access data) as well as all information required for fulfilling the contract.

The processing is carried out – where applicable – in accordance with Art. 6 para. 1 b) and c) GDPR and the corresponding provisions of the Swiss Data Protection Act (DSG) for contract fulfillment and compliance with legal obligations.

If necessary for contract processing, we transmit data to third parties, e.g., to supervisory authorities for correspondence or to enforce your rights. Additionally, data may be shared with our affiliated companies within the scope of order processing if they are involved in service provision.

4. Log files of Website Visits

We log your website visit. In doing so, we process:

• The name(s) of our accessed website(s)
• The date and time of access
• The amount of data transferred
• The browser type and version
• The operating system you use
• The referrer URL (the previously visited website)
• Your IP address
• The requesting provider.

The legal basis for data processing is our overriding legitimate interest in the continuous provision and security of our website in accordance with Art. 6 para. 1 f) GDPR. The log file is deleted after seven days unless it is needed to prove or clarify specific legal violations that have become known within the retention period.

5. Newsletter and Customer Information

To keep you regularly informed about our company and our offers, we offer several email newsletters. For this purpose, we process the data you provide during registration (email address and any voluntary information).

To prevent misuse, we use the double opt-in procedure: After registration, you confirm it through a confirmation email. The registration process is logged to prove its legality (time of registration and confirmation as well as IP address). The legal basis is your consent – for the EU according to Art. 6 para. 1 a) GDPR, for Switzerland according to Art. 31 para. 1 DSG. The logging and confirmation email are based on our legitimate interest in proving proper registration (Art. 6 para. 1 f) GDPR or Art. 31 para. 1 DSG).

The data is transmitted to HubSpot, Inc. (USA) as part of order processing. HubSpot is certified under the EU-U.S. and Swiss-U.S. Data Privacy Framework, ensuring an adequate level of data protection under both EU and Swiss law. Additionally, an EU standard contractual clause exists. European branch: HubSpot Ireland Ltd., 30 North Wall Quay, Dublin 1, Ireland.

Based on WebPros’ legitimate interest in accordance with Art.6 para. 1 f GDPR and the existing customer relationship with WebPros, customers may be provided with information relating to other WebPros products, which may be of interest to them. At any time, customers have the option to opt out of the receipt of such information by using the unsubscribe option in any communication received.

6. Use of Cookies

We use cookies on our website. These are small text files that are stored on your device (e.g., PC, smartphone, or tablet) and contain certain information. You can find out which cookies we use, who provides them, and for what purpose at any time in our consent management platform. You can open this banner via the icon at the bottom left of our websites. There, you can manage, revoke, or adjust your consent in accordance with § 25 para. 1 TDDDG (Germany) and Art. 6 para. 6 DSG (Switzerland).

6.1. Our Cookie Consent Management Platform 

To document your selection of cookies and similar technologies and to comply with our legal obligations, we use a consent management platform (Usercentrics). When you visit our website, we ask for your cookie preferences. Your decision is stored in a special cookie. The legal basis for this is Art. 6 para. 1 lit. c GDPR and Art. 7 para. 1 DSG (Switzerland), as we are legally required to prove and manage your consent.

For managing your consents, we use the consent management platform “Usercentrics”, provided by Usercentrics GmbH, Sendlinger Straße 7, 80331 Munich / Germany. The following data is processed and transmitted to Usercentrics:

• Your consent or rejection (including date, time, language, consent ID)
• Device data (such as browser information and anonymized IP address)

The processing of this data is also carried out to fulfill our legal obligations according to Art. 6 para. 1 lit. c GDPR and Art. 7 para. 1 DSG (Switzerland).

6.2. Cookie categories in use by WebPros (Essential, Functional, Analytics, Marketing)

6.3. Note on Google Services

We use various services from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”) on our website. This may also involve data transfers to Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

For data subjects in the EU, the transfer is based on the EU-U.S. Data Privacy Framework. Google is certified for this and is subject to the EU Commission’s adequacy decision for the USA.

For Switzerland, the transfer is based on the Swiss-U.S. Data Privacy Framework (Swiss DPF). Google is also certified for this, so Switzerland recognizes an adequate level of data protection for transfers to the USA.

If, in exceptional cases, there is no certification or adequate protection, we additionally ensure the protection of your data through standard contractual clauses (SCC) or other suitable measures.

Search Function and Google Analytics

When you use the search function on our websites, the terms you enter may be shared with Google Analytics. This helps us understand how visitors interact with our site and improve its functionality and content. The data shared is used solely for analytical purposes and can not include personally identifiable information. By using the search feature, you consent to this processing and sharing of data with Google Analytics. This practice is consistent with applicable privacy laws and does not constitute a violation of the California Invasion of Privacy Act (CIPA), as it is limited to operational analytics and does not involve unlawful interception of communications. Furthermore, you agree that the information you enter is not a “private communication” under CIPA.  For more details on how Google processes data, please review Google’s Privacy Policy.

6.4 This specific Offering uses the following cookies and other technologies

E. Use of Artificial Intelligence (AI) Features

Some of our websites, products and online services include AI-powered features such as chatbots, content assistants, and other tools based on large language models (“LLMs”) (collectively “AI Features”). This section describes how personal data is processed in connection with these AI Features.

1.     Data Collected and Purposes of Processing

When you use AI Features, we process the text inputs and prompts you submit, AI-generated outputs, and associated usage and technical data (e.g. session identifiers, timestamps). This data is used to provide the requested AI functionality, ensure security, prevent misuse, and improve our services. Please do not submit special categories of personal data (e.g. health, financial, or political information) through AI Features.

The legal basis for processing is Art. 6 para. 1 lit. b) GDPR (contract performance) where AI Features form part of a requested service, Art. 6 para. 1 lit. f) GDPR (legitimate interests) for service improvement and security, and Art. 6 para. 1 lit. a) GDPR (consent) where explicitly required. Under Swiss law, processing is based on Art. 31 para. 1 DSG.

2.     No Use of User Data for AI Model Training

We do not use any data submitted through AI Features — including inputs, prompts, conversation content, or AI-generated outputs — to train, fine-tune, retrain, or otherwise improve any large language model or AI system, whether operated by us or by any third-party provider. We contractually require all AI service providers to uphold this same prohibition.

3.     Third-Party AI Service Providers

AI Features may be powered by third-party LLM providers acting as data processors on our behalf. Your input data may be transmitted to such providers solely to deliver the requested service. We require all AI providers to: (i) process data only to the extent necessary to provide the service; (ii) implement appropriate technical and organizational security measures; (iii) refrain from using your data to train or improve any AI model; and (iv) comply with applicable data protection law, including the GDPR. AI sub-processors are included in the WebPros list of sub-processors, available here. Currently, AI Features are powered by OpenAI. WebPros reserves the right to change or add LLM providers at any time, provided the required safeguards, described in this documents are fulfilled. International transfers are governed by the mechanisms described in the “Third Country Transfer” section of this Policy.

4.     AI-Assisted Outputs and Automated Processing

AI Features on our websites are informational and assistive in nature. They do not produce legally binding automated decisions within the meaning of Art. 22 GDPR or Art. 21 DSG. Where any AI-driven process were to result in decisions with significant legal or similar effect, we would inform you separately and provide the applicable safeguards and rights. Your general rights regarding automated decision-making and profiling are set out in the “No Automated Decision-making or Profiling” section of this Policy.

5.     AI Chatbot Transparency, Labelling, and Access Controls

Where AI Features take the form of a chatbot or conversational assistant accessible on our websites or within our products, the following additional measures apply:

(a) Disclosure of AI nature: In accordance with Art. 50 para. 1 of Regulation (EU) 2024/1689 (“EU AI Act”) and applicable national transparency requirements, all chatbot interfaces are clearly and prominently labelled as AI-powered prior to or at the commencement of any interaction. Users will not be left under the impression that they are communicating with a human being.

(b) Consent for website-based chatbots: Where a chatbot deployed on our websites processes personal data through technologies that access or store information on the user’s terminal device (e.g. session cookies, local storage, or similar client-side technologies), such processing is subject to prior informed consent in accordance with the provisions of applicable national laws implementing Directive 2002/58/EC (ePrivacy Directive). Such consent is obtained through our consent management platform (Usercentrics) before the chatbot widget is activated. Where the chatbot is provided exclusively as part of a logged-in product environment and no terminal device storage beyond strictly necessary session management is involved, processing will not require prior consent, provided no additional tracking technologies are employed.

(c) No automated decisions or profiling: Chatbot interactions do not constitute automated decision-making within the meaning of Art. 22 GDPR and do not involve profiling. Chatbot outputs are informational and assistive only. Users are not subject to any decision based solely on automated processing that produces legal or similarly significant effects as a result of their chatbot interaction.

(d) EU AI Act classification: Chatbots of the type deployed by WebPros — i.e. general-purpose conversational assistants powered by LLMs, operating in an informational and support capacity without producing legal effects — are not classified as high-risk AI systems under Annex III of the EU AI Act. They may, however, qualify as general-purpose AI systems subject to the transparency obligations set out in Art. 50 EU AI Act. WebPros ensures compliance with these transparency obligations and monitors regulatory developments regarding the classification of LLM-based systems under the EU AI Act.

6.     AI-Based Identity Verification

Overview and Scope

In certain contexts — such as account registration, onboarding, or compliance with regulatory Know Your Customer (KYC) / Anti-Money Laundering (AML) or export sanctions requirements — WebPros may offer the option of identity verification using AI-based identity verification solutions (“Identity Verification Solutions”), such as iDenfy or comparable services. This section applies exclusively to those situations in which an Identity Verification Solution is actually used, and only where you have given explicit prior consent as described below. Where no such consent is given, Identity Verification Solutions will not be deployed.

Explicit Consent as Prerequisite

The use of any Identity Verification Solution is strictly conditional on your freely given, specific, informed, and unambiguous prior consent in accordance with Art. 6 para. 1 lit. a) and Art. 9 para. 2 lit. a) GDPR. Before commencing any verification process, you will be clearly informed of: (i) the identity of the Identity Verification Solution provider acting as a data processor; (ii) the categories of personal data to be collected and processed, including biometric data; (iii) the automated nature of the verification process and the possible legal or similarly significant effects of the result; (iv) the right to refuse consent without suffering any disadvantage from doing so, including the availability of alternative verification methods where technically and legally feasible; and (v) the right to withdraw consent at any time prior to completion of the verification process, with no prejudice to the lawfulness of processing already carried out. Consent is obtained through a dedicated, separate opt-in step and is documented in our consent management system. No pre-ticked boxes or bundled consent will be used.

Categories of Personal Data Processed

Depending on the verification method chosen and the regulatory requirements applicable to the specific use case, Identity Verification Solutions may process the following categories of personal data: (a) government-issued identity document data (e.g. name, date of birth, document number, nationality, expiry date); (b) facial biometric data, including a real-time or uploaded photograph or video and a derived biometric template used solely to compare the live image with the identity document (“liveness check”); (c) metadata associated with the submission (e.g. device type, IP address, timestamp, session identifier); and (d) the verification result (e.g. verified, rejected, or flagged for manual review). Biometric data constitutes a special category of personal data within the meaning of Art. 9 GDPR and is processed exclusively on the basis of explicit consent as described above. Facial biometric templates are not retained after the verification process is completed beyond the minimum period technically necessary to deliver the result, unless separate explicit consent for retention has been obtained or retention is required by applicable law.

Automated Decision-Making in the Context of Identity Verification

By way of exception to the general statement in the “No Automated Decision-making or Profiling” section of this Policy, and exclusively where you have given explicit prior consent as described above, Identity Verification Solutions involve automated processing that may produce a result — such as identity confirmed, identity not confirmed, or flagged for further review — which may have a legal or similarly significant effect on your access to the requested service. Such processing constitutes automated decision-making within the meaning of Art. 22 GDPR (EU) and Art. 21 DSG (Switzerland). You are entitled to the following safeguards: (i) the right to obtain human review of the automated result by a qualified WebPros employee, upon request made to [email protected]; (ii) the right to express your point of view and to contest the result; and (iii) the right not to be subject to a decision based solely on automated processing if explicit consent is withdrawn before a final result is communicated. WebPros will not use Identity Verification Solution outputs as the sole basis for a decision that produces significant legal effects without the option of human review unless you explicitly waive this right after being fully informed.

AI Act Compliance — Classification and Obligations

AI-based identity verification systems that perform biometric identification or verification of natural persons are classified as high-risk AI systems under Annex III of Regulation (EU) 2024/1689 (“EU AI Act”). Where WebPros deploys or uses an Identity Verification Solution that falls within this classification, WebPros, in its capacity as deployer within the meaning of Art. 3 no. 4 EU AI Act, ensures compliance with the following obligations applicable to deployers of high-risk AI systems: (a) Use in accordance with the provider’s instructions for use (Art. 26 para. 1 EU AI Act); (b) Assignment of appropriate human oversight to qualified personnel prior to putting the system into use (Art. 26 para. 2 EU AI Act); (c) Monitoring the operation of the system on the basis of the instructions for use (Art. 26 para. 5 EU AI Act); (d) Implementation of a fundamental rights impact assessment prior to deployment, where required under Art. 27 EU AI Act; (e) Logging and record-keeping obligations in accordance with Art. 26 para. 6 EU AI Act; (f) Transparency towards data subjects in accordance with Art. 50 EU AI Act, including disclosure that they are interacting with an AI system and that an automated result may affect their access to a service. WebPros will only deploy Identity Verification Solutions provided by vendors who fulfil the obligations of AI providers under the EU AI Act, including registration in the EU AI Act database where applicable, and who maintain an up-to-date technical documentation and conformity assessment in accordance with Arts. 11, 16, and 43 EU AI Act.

Third-Party Processor and International Transfers

Identity Verification Solution providers act as data processors on behalf of WebPros pursuant to a Data Processing Agreement in accordance with Art. 28 GDPR. Such agreements require the processor to: (i) process personal data only for the purpose of delivering the verification service; (ii) implement appropriate technical and organizational measures to protect personal data, in particular biometric data; (iii) refrain from using any personal data to train, improve, or develop AI models; (iv) delete or return all personal data upon completion of the verification process or termination of the engagement; and (v) comply with applicable data protection law, including the GDPR and the EU AI Act. Where the Identity Verification Solution provider is located outside the EU/EEA, transfers are governed by the mechanisms described in the “Third Country Transfer” section of this Policy, in particular standard contractual clauses pursuant to Art. 46 GDPR or, where available, an adequacy decision pursuant to Art. 45 GDPR. Currently, identity verification services may be provided by UAB iDenfy, registered in Lithuania (EU), which as an EU-based processor does not require a separate transfer mechanism. WebPros reserves the right to change or add Identity Verification Solution providers, provided the required safeguards described in this section are fulfilled. Any change will be reflected in the WebPros list of sub-processors, available at webpros.com/legal/.

Retention and Deletion

Biometric data and raw identity document images processed through Identity Verification Solutions are deleted or irreversibly anonymized upon completion of the verification process, unless: (a) applicable law (e.g. AML/KYC regulations) requires retention for a defined period, in which case only the minimum data necessary to fulfil the legal obligation will be retained; or (b) the data subject has given separate explicit consent to a longer retention period. The verification result (i.e. a binary or categorical outcome, without underlying biometric data) may be retained by WebPros for as long as necessary to document compliance with the applicable regulatory obligation or to defend against legal claims, in accordance with the general retention periods described in the “Duration of Data Processing” section of this Policy. Data subjects may request deletion of their verification data at any time by contacting [email protected], subject to any overriding legal retention obligations.

Your Rights in the Context of Identity Verification

In addition to your general data subject rights described in the “Your Rights as a Data Subject” section of this Policy, the following specific rights apply in connection with identity verification: (a) Right to withdraw consent at any time prior to completion of the verification, without detriment and without affecting the lawfulness of prior processing; (b) Right to request human review of any automated verification result, by contacting [email protected] within 30 days of receiving the result; (c) Right to access the personal data processed about you during the verification process, including the verification result and any flags generated; (d) Right to erasure of biometric data immediately upon completion of verification, subject to legal retention obligations; (e) Right to lodge a complaint with a supervisory authority, in particular the competent data protection authority in your country of residence. To exercise any of these rights or to raise concerns about the identity verification process, please contact [email protected] with the subject line “Identity Verification — Data Subject Request”.

7.     Data Retention and Your Rights

Interaction data from AI Features is retained only as long as necessary to provide the service or as required by law. Session-based inputs are generally not retained beyond the active session unless you have an account and session history is an explicit feature. Retention is otherwise governed by the “Duration of Data Processing” section of this Policy. Your rights of access, rectification, erasure, restriction, portability, and objection apply equally to data processed through AI Features and are described in the “Your Rights as a Data Subject” section of this Policy. To exercise your rights or raise any AI-related privacy concern, please contact [email protected].

F. Duration of Data Processing 

We store personal data only as long as it is necessary to achieve the respective purpose or until you revoke your consent.

If there are legal retention obligations – for example, under commercial, tax, or social security law in Switzerland or the EU – the retention of certain data may be required for up to 10 years or longer, regardless of the processing purpose.

To ensure that no data is stored longer than necessary, we conduct regular reviews and delete personal data as soon as the purpose of storage ceases to exist and there are no legal obligations or legitimate interests remaining.

G. Your rights as a Data Subject

1. Request for Information

Upon request, you can receive information about all personal data we have stored about you at any time, free of charge.

2. Rectification, Erasure, Restriction of Processing (Blocking), Objection

If you no longer agree with the storage of your personal data or if it has become incorrect, we will delete or block your data upon your instruction or make the necessary corrections (as far as this is possible under applicable law). The same applies if we should only process data in a restricted manner in the future. You have the right to object, particularly in cases where your data is required for the performance of a task carried out in the public interest or based on our legitimate interest, including profiling based on these grounds. You also have the right to object to data processing for direct marketing purposes.

3. Right to withdraw consent with effect for the future

You can withdraw your consent at any time with effect for the future. Your withdrawal will not affect the lawfulness of the processing up to the time of withdrawal.

4. Data Portability

If data processing is based on a contract, pre-contractual negotiations, consent, or automated procedures, you have the right to data portability. Upon request, we will provide your data in a common, structured, and machine-readable format, so that you can transfer the data to another controller if desired.

5. Restriction of Processing

Data for which we are unable to identify the data subject, for example, if it has been anonymized for analysis purposes, is not covered by the aforementioned rights. Information, deletion, blocking, correction, or transfer to another company may be possible for such data if you provide us with additional information that allows us to identify you.

6. No Automated Decision-making or Profiling 

Subject to the exception for Identity Verification Solutions set out hereinabove, Your data is not used by us for automated decisions which have legal consequences for you or significantly affect you in a similar way – as described in Art. 22 GDPR (EU) or Art. 21 DSG (Switzerland).

We also do not conduct so-called profiling. This means that we do not create automated evaluations of your data to analyze or predict personal characteristics such as interests, behavior, or preferences. Should we exceptionally use automated decisions or profiling, we will inform you transparently in advance and obtain your explicit consent where necessary.

7. For WebPros companies domiciled in Switzerland: Inspection of the data collection register

If the data processing is carried out by a WebPros company based in Switzerland, you have the right to inspect the register of data collections at any time. This contains information on which federal bodies and private persons process which kinds of personal data. With the help of the register you can find out who is processing your data and how, and on the basis of this information you can decide which data collection you wish to request information about.

8. Exercising your rights as a Data Subject and right to lodge a complaint

If you have any questions regarding the processing of your personal data, information, rectification, blocking, objection or deletion of data, or if you wish to transfer your data to another enterprise, please contact [email protected].

You also have the option of complaining to a supervisory authority about your rights as a data subject. In the case of a WebPros company based in Switzerland, you have the right to lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC).

This policy is subject to periodic revisions and may be amended by WebPros from time to time if necessary. Please come back periodically and check for updates.

Cookie Consent Adjustments

To modify/withdraw  your cookie consent please click here

Plesk Statement Regarding Cookies and Other Technologies

v.7 – Updated April 15^th, 2020

This Statement Regarding Cookies and Other Technologies (this “Statement”) describes the different types of cookies and other technologies that may be used in connection with the websites and apps (the “Site”) owned or controlled by WebPros International GmbH and its affiliated companies (“Plesk,” “we,” or “us”). This Statement also describes how you can manage cookies and other technologies.

If you have any questions, please contact us by email at [email protected] or by postal mail at WebPros International GmbH, Vordergasse 59, 8200 Schaffhausen, Switzerland.

Collection and use of other information

Cookies are small text files that are placed via browser on your computer or mobile device (“device”) when you visit a website.

Like many other websites, our Site may use cookies or other technologies (such as “pixel tags,” “web beacons,” “clear GIFs”, links in emails, JavaScript, device IDs assigned by Google or Apple, or similar technologies).

Plesk is using first and third-party cookies. First party cookies are cookies that belong to Plesk and that Plesk places on your device. Third-party cookies are cookies that another party places on your device through our Site. For more information on how these companies collect and use information on our behalf, please refer to their privacy policies.

First and third-party cookies allow us and third parties to obtain information about your visits to the Site, including to analyze your visiting patterns.

Cookies may be used on the Site in order to improve your experience. For example we will use cookies to:

• Measure how many people use the Site, and how they use it, so that we may keep it running quickly and efficiently;
• Ensure you obtain all requested information;
• Provide a safe and secure service for online transactions;
• Track your response to website content for analysis;
• Help us and others deliver communications and content to you that are relevant and responsive to your interests and location.
• Process trials, partner and support requests

Cookies in use by Plesk

Below we explain the different types of cookies that may be used on the Site.

Managing cookies

Plesk provides a customized cookie consent manager on its Site, which gives you the opportunity to choose which cookies you allow and which you don’t agree to be used. When entering the Site, a dedicated overlay lists all available cookies categories as well as detailed information about each cookie being generally used on the Site. Based on this information, you are asked to select the cookies / cookie categories, which you allow being used on the Site during your visits. You also have the option to change your chosen cookie settings afterwards by visiting the Plesk Opt-Out options website.

If you however wish to remove or block cookies from your device entirely, you can update your browser settings (consult your browser’s “help” menu to learn how) to remove or block Cookies. Plesk is not responsible for your browser settings. You can find good and simple instructions on how to manage Cookies on the different types of web browsers at www.allaboutcookies.org.

Please be aware that rejecting Cookies may affect your ability to perform certain transactions on the Site, and our ability to recognize your browser from one visit to the next.

You can also control tracking Cookies by installing browser extensions like Ghostery: https://www.ghostery.com/products/

Other Technologies

Other Technologies may be used for the same purposes as our Cookies, to allow us (or third parties on our behalf) to know when you visit the Site, and to understand how you interact with emails or advertisements. Through Other Technologies, information (e.g. your operating system, your browser version, the URL you came from and your encrypted IP) or aggregate information may be obtained and used to enhance your user experience and understand traffic patterns.

Plesk is using Lookalike audience mechanism for marketing purposes from various platforms including Google Ads, Facebook and Microsoft Advertising. The Lookalike audience idea is based on the fact that a platform analyzes a custom audience (e.g. created with information pulled from special pixel) and creates a new segment that is optimized and based on either similarity/greater reach. Lookalike audiences is used for non-personal advertising and is not a subject of privacy laws like the GDPR or any rules around direct marketing since it utilizes a “seed” audience approach.

The following gives you an overview of other technologies we use and the vendors behind such technologies:

Google Analytics

The Site uses Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google Analytics provides us with vital insights on how visitors find our Site, what they do when they are there, and other important information on the health of our Site and business. The services are provided on the basis of Google’s Privacy Policy, which can be found here: Link

If you do not wish to be tracked by Google Analytics on our behalf, you always have the option to  opt-out from being tracked with effect for the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser:  Link

Another option to opt-out from Google Analytics tracking is to click on following link: Google Analytics opt-out

Google / Microsoft Ads

Google Ads and Microsoft Ads are online advertising platforms used to show tailored advertisements, service offerings and product listings within the Google and Microsoft networks to web users, based on account and usage information. These platforms help us to show advertisements you might be interested in.  Based on which device you are using, there are different ways to opt-out of such tailored ads, either in your Google (Link) / Microsoft account or within the used device directly. Plesk also gives you the option to de-select the corresponding cookies via its cookie consent manager, displayed when entering the Site for the first time (see above).

Hubspot

Hubspot is a platform, developed and provided by HubSpot, Inc., 25 First Street, 2nd Floor, Cambridge, MA 02141 USA.  The services of HubSpot help us collect information about your use of the websites and enable us to improve the way they work. We further use Hubspot as our primary CRM and marketing communication tool to get in touch with our customers. All Hubspot services are provided under Hubspot’s Privacy Policy here: Link

Accordingly, an opt-out is only possible for certain communication features of Hubspot, using the following link: Link

AdButler

AdButler is a self-managed ad platform, provided by SparkLIT Networks Inc., 201 – 1001 Wharf Street, Victoria, BC, Canada. Plesk is using AdButler solution to inform visitors across all its sites about new product features/extensions/proposals in the form of banner advertisements. Except for your necessary IP Address which is processed to ensure proper ad serving services, AdButler is not using any personal information for its services. Immediately upon its collection, your IP address is encrypted by AdButler in order to preserve your privacy. You can find the AdButler Privacy Policy Here: Link

If you wish to prevent AdButler from storing information or cookies, you may opt out of AdButler services by the following link: Link

Facebook Tracking Pixels

A Facebook Pixel is an analytics tool provided by  Facebook Germany, Caffamacherreihe 7, 20355 Hamburg, that consists of code on our website. The pixel uses pseudonymised data stored in a cookie to track site visitors and show tailored advertisements to them on Facebook sites.

You may opt out from being targeted by this tool by either rejecting the corresponding cookie using the Plesk cookie consent manager when entering our Site, or via the following link: Link

For users in the EU, the following website gives you an individual overview of the currently active tracking technologies on your device, including the option to deactivate these technologies: Link

Opt-out options are also summarized in the dedicated opt-out section available at https://www.plesk.com/legal/.

Livechat

LiveChat is an online customer service software with online chat capabilities, developed and provided by LiveChat, Inc., 101 Arch Street, 8th Floor, Boston MA 02110, United States of America.  The services of Livechat help us establishing direct chat conversations with you from our websites. Livechat services on our websites are only enabled upon your specific request and are provided by Livechat under Livechat’s Privacy Policy here: Link. You may request a deletion of your data, stored by Livechat using the following link: Link

THIRD PARTY EXTENSION END USER LICENSE AGREEMENT

1. This is a Third Party Extension End User License Agreement (this “Agreement”) governing the provision and use of third-party extensions provisioned by WebPros International GmbH (formerly Plesk International GmbH), Vordergasse 59, 8200 Schaffhausen / Switzerland and its subsidiaries and affiliated companies of the WebPros group of companies (collectively referred to as “WebPros” herein) through its designated official distribution channel, namely the Plesk Extension Catalog.
2. The Parties. In this Agreement, WebPros International GmbH is referred to as “WebPros,” “we,” or “our” and the individual or entity set out in WebPros’ records as its customer as “you” or “your” or “user”. “Vendor” is the developer/provider of a third-party extension available though the Plesk Extension Catalog.
3. Prior to accessing, installing or/and using any extension made available through the Plesk Extension Catalog, the user must at least accept the applicable standard terms and conditions, specified in this Agreement. These terms govern the use of all third party extensions obtained via the Plesk Extension Catalog, unless the use of a specific extension is governed by a separate end user license agreement, issued directly by its vendor. In such cases, the vendor’s end user license agreement shall prevail and govern the use of that particular extension.
4. Acceptance. This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, installing, accessing, and using the third party extension, even if you have not expressly or formally accepted this Agreement.
5. Effective Date. The Effective Date of this Agreement is the date of your acceptance. To the extent you choose additional extensions from the Extension Catalog, the Effective Date of this Agreement relating to the additional extensions will be the date of your acceptance for these.
6. Independent Contractor. You agree and acknowledge that we are a reseller of the extensions and you are required to pay any fees associated with your use of the extensions to us. However, we are independent of the Vendor. The rights and obligations between you and WebPros are set out in this Agreement, whereas the rights and obligations between you and the Vendor are set out in the Vendor’s end user license agreement, if such agreement exists.
7. Fees. Where the extension is offered as a commercial product, your right to use the extension is conditioned upon your timely payment of the applicable license fee. All license fees shall be paid to WebPros, acting as the Vendor’s authorized reseller. WebPros reserves the right to terminate or suspend your access to an extension in the event the applicbale license fee remains unpaid or your account with Webpros is not in good standing. All license fees stated by WebPros in the Extension Catalog or elswhere are net fees, excluding any taxes, governmental charges or other mandatory fees applicable in your jurisdiction. It is in your responsibility to pay any applicable fees in addition to the license fee.
8. Support. Any support of extensions is provided by their Vendor. You agree and acknowledge that we have no responsibility for providing support and maintenance for extensions, except where WebPros is the extension vendor.
9. Termination. We may terminate this THIRD PARTY EXTENSIONS END-USER LICENSE AGREEMENT as set out in Plesk End-User License Agreement. We may also terminate your right to use the Products if you violate the terms of this agreement, or if the Vendor instructs us to terminate your use of the extension.
10. Change of this Agreement. WebPros reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement on https://www.plesk.com/. Disputes arising hereunder will be resolved in accordance with the terms of the Agreement in effect at the time the dispute arose. We encourage you to review the published Agreement from time to time to make yourself aware of changes. If there is a conflict between this Agreement and the most current version of this Agreement, posted at https://www.plesk.com/, the most current version will prevail. Your use of the extension after the amended Agreement becomes effective constitutes your acceptance of the amended Agreement.
11. Ownership. The extension, including without limitation all content, information, materials, software code, design, documentation, and any related intellectual property rights therein and thereto, is and shall remain the exclusive property of the Vendor and/or its licensors. The extension is protected by applicable copyright, trademark, patent, and other intellectual property and proprietary rights laws. No title or ownership rights in or to the extension are transferred to you by virtue of this Agreement or through any access or use of the extension.
12. Permitted and Restricted Use. Subject to your complete and ongoing payment of the applicable license fees, you are granted a limited, non-exclusive, non-transferable, revocable license to use the extension solely in accordance with the terms of this Agreement or, as the case may be, the Vendor’s own end user license agreement. Except as expressly permitted herein or on the basis of the applicable laws, you shall not, and shall not permit any third party to:
    (a) copy, reproduce, modify, adapt, translate, or create derivative works based on the extension or any portion thereof;
    (b) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code or underlying structure of the extension;
    (c) rent, lease, lend, sublicense, sell, distribute, or otherwise transfer or make available the extension or any of its components; or
    (d) use the extension in any unlawful manner or in any manner that infringes the intellectual property rights of the Vendor, its licensors, or any third party.
13. Responsibility for Use.You acknowledge and agree that you are solely responsible for your access to and use of the extension. You shall not use the extension in any unlawful, abusive, or otherwise improper manner, including, without limitation, to transmit any malicious code, infringe upon the rights of others, or disrupt or burden any network or service. The Vendor and its affiliates shall have no responsibility or liability whatsoever for any misuse of the extension by you or for any damages, losses, or claims arising therefrom.
14. Disclaimers of Warranty and Liability. WebPros provides no warranty, representation, or guarantee of any kind, express or implied, with respect to any third-party extensions. Any liability resulting from the use of a third party extension vests in the respective Vendor. If WebPros is the vendor of an extension, WebPros shall be liable without limitation (i) in cases of intent or gross negligence, (ii) for injury to life, limb, or health, (iii) in accordance with the provisions of the Product Liability Act, and (iv) to the extent of a guarantee assumed by WebPros. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), WebPros’ liability shall be limited to the amount of damage that is foreseeable and typical for the type of business. WebPros shall not be liable to any further extent. Unless otherwise agreed, claims for lost profits are excluded. The above limitation of liability also applies to the personal liability of WebPros’ employees, representatives, and organs.
15. Governing Law. This Agreement is governed by and construed in accordance with the laws of Switzerland. Agreed and exclusive place of jurisdiction are the courts located in Zürich / Switzerland.