General terms and conditions for using ZeroFlaw.
§ 1 Scope
- These terms apply to all contracts for the use of the online service ZeroFlaw between [set legal.name in config.php] ("we") and you as a customer ("you").
- A consumer is any natural person who concludes the contract for purposes that are predominantly outside their trade or self-employed profession (§ 13 BGB). A business is anyone acting in the exercise of their trade or self-employed profession when concluding the contract (§ 14 BGB).
- Deviating terms of the customer only apply if we expressly agree to them.
- The contract language is German. Translations are for information only.
§ 2 Services
- ZeroFlaw is an online service (software as a service) for the automated checking of source code and websites for security vulnerabilities, misconfigurations and data protection issues. The features and quotas included follow from the description of the chosen plan at the time the contract is concluded.
- The results are generated automatically with analysis tools. Automated checks cannot detect every vulnerability and may produce false alarms. We owe the careful performance of the checks according to the state of the art, not a specific result and not that the checked systems are free of flaws. ZeroFlaw does not replace a manual penetration test. Notes relating to data protection or law (e.g. the GDPR check) are not legal advice.
- We continuously develop ZeroFlaw. We may change or replace features as long as the agreed scope of services is essentially maintained and the change is reasonable for you.
- We provide the free plan voluntarily. It comes with no entitlement to a particular availability or to support; we may change its scope with reasonable notice.
§ 3 Account and conclusion of contract
- You need an account to use ZeroFlaw. By clicking "Create account" (or signing in through a provider) you apply for the contract for the free plan; it is concluded when your account is activated.
- You choose a paid plan in the dashboard under "Plan" with the desired billing period. You are forwarded to the payment page of our payment service provider Stripe, where you can check and correct all details, and you complete the order with the button for the paid order. The contract is concluded upon successful payment and activation of the plan. You receive the confirmation by e-mail and in the dashboard.
- We store the contract text. You can view and save these terms on this page at any time; your order details are available in your account and in the confirmation e-mail.
- You must be of legal age, have full legal capacity and provide truthful information.
- Keep your access data secret. We strongly recommend two-factor sign-in. If you notice misuse of your account, please inform us immediately.
§ 4 Permitted use
- You may only use ZeroFlaw to check source code, websites and systems that belong to you or that you are expressly authorized to check. Live scans are only possible for domains whose control you have proven.
- In particular, the following is prohibited:
- checking third-party systems without the permission of the authorized party,
- circumventing the domain verification, limits or other protective measures,
- attacks on ZeroFlaw, its infrastructure or other customers,
- use for preparing or committing criminal offenses, in particular under §§ 202a et seq. and 303a et seq. StGB,
- uploading content you are not allowed to process,
- passing on your access to third parties outside the team feature.
- Thorough scans send active test requests to the target system and can create load there. Choose the time and scan profile appropriately and back up important data beforehand; we recommend checking a test environment first.
- If you violate these rules, we may stop running scans, temporarily block your account and, in the case of serious violations, terminate the contract without notice. For culpable violations you indemnify us against third-party claims, including reasonable costs of legal defense.
§ 5 Prices and payment
- The prices stated on our website and in the dashboard at the time of the order apply. All prices are final prices including statutory VAT.
- The fee is due in advance for the chosen billing period (monthly or yearly).
- Payment is made through Stripe with the payment methods offered there (e.g. credit card or SEPA direct debit). On every renewal the fee is collected automatically with the stored payment method. You manage your payment method and invoices in the dashboard under "Plan" → "Manage billing".
- An upgrade to a higher plan takes effect immediately; the difference is charged pro rata for the current period. When switching to a cheaper plan or period, we offset the unused portion against future payments.
- If a payment fails, we retry the collection within a few days. If payment is still not made, your account is downgraded to the free plan. Your data is kept.
- We announce price changes for running subscriptions in text form at least six weeks before they take effect. They only apply if you agree. If you do not agree, both parties may cancel the subscription as of the planned change.
§ 6 Term and cancellation
- The free plan runs indefinitely. You end it at any time by deleting your account.
- A paid subscription runs for the chosen billing period (one month or one year) and renews automatically for the same period unless it is cancelled beforehand.
- You can cancel at any time without notice as of the end of the current billing period: in the dashboard under "Plan" → "Manage billing", via the "Cancel contracts here" button or in text form to [set legal.email in config.php]. All features remain available until the end of the paid period; afterwards you use the free plan.
- For consumers the following also applies: after the first term of a yearly subscription you can cancel at any time with one month's notice. We refund amounts already paid for the time after the end of the contract pro rata.
- The right of both parties to extraordinary termination for good cause remains unaffected. Good cause for us exists in particular in the case of a serious violation of § 4.
- If you delete your account, a running subscription ends immediately and all data is deleted. In this case a refund for the remaining period is only made where required by law. Therefore cancel first if you still want to use the paid period.
§ 7 Availability
- For paid plans we aim for an availability of 99 % on a monthly average. Excluded are announced maintenance work and disruptions beyond our control (e.g. failures of the data center or the internet).
- Scans are processed in a queue. A particular processing time is not owed.
- Our status page shows the current state of all services.
§ 8 Your data
- All rights to your content (source code, domains, notes) remain with you. You only grant us the rights we need to provide the service, in particular to store and analyze it.
- Uploaded source code is deleted after the scan. We store results until you delete them or your account. You can export reports at any time.
- How we process personal data is explained in our privacy policy. Where we process personal data on behalf of businesses, our data processing agreement is deemed agreed.
- You are responsible for backing up your own systems.
§ 9 Liability
- We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and within the scope of any guarantee we have given.
- In the case of slight negligence we are only liable for the breach of material contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In this case liability is limited to the damage that was foreseeable and typical for the contract at the time it was concluded.
- For free use (free plan) we are only liable for intent and gross negligence, except in the cases of paragraph 1.
- Otherwise liability is excluded. In particular, we are not liable for a vulnerability not being detected by the automated checks, provided we performed the checks properly in accordance with § 2.
- These rules also apply to the personal liability of our employees and agents.
§ 10 Changes to these terms
We may change these terms if the legal situation or our service changes. We announce changes in text form at least six weeks before they take effect. Material changes only take effect with your consent. If you do not agree, the previous terms continue to apply; we may then terminate the contract as of the end of the current billing period.
§ 11 Right of withdrawal
Consumers have a statutory right of withdrawal. The details are set out in our withdrawal policy.
§ 12 Final provisions
- The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the state in which they have their habitual residence.
- If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is our registered office ([set legal.city in config.php]).
- Should any provision of these terms be invalid, the rest of the contract remains valid; the statutory provisions take the place of the invalid provision.
- We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.