1.1. The following terms and conditions (hereinafter referred to as “Agreement”) govern the use of the "Google Tag Manager Tagging Server Hosting" service (hereinafter referred to as “Service”) of Sooro GmbH, Am Damm 4, 01917 Kamenz, Germany (hereinafter also referred to as “Sooro”, "we", "us", "our").
1.2. The Agreement is between Sooro and you or the entity you represent (hereinafter also referred to as “you” or “your”).
1.3. The Agreement is an extension of our "General Terms and Conditions". In the event of any discrepancy between the two, this Agreement shall prevail.
2.1. The Service provides the necessary infrastructure to run the Google Tag Manager server-side. Depending on the plan selected, one or more virtual tagging servers (hereinafter referred to as “Servers”) are provided here.
2.2. We take over the provision of the Servers and ensure that they are running and accessible. We guarantee an average availability of 99% per year.
2.3. Google provides the software for server-side Google Tag Managers (hereinafter referred to as “Software”), which we run on the Servers. The settings you make in our application are applied accordingly in the configuration of the Software.
3.1. You are responsible for all settings made in our application, we only apply them when deploying the Servers and Software.
3.2. You take care of the DNS configuration of your domain to ensure the accessibility of your Servers. This also applies if the IP address of your Servers changes for any reason. Where possible, we will notify you 60 days before such change takes effect.
3.3. You are responsible for all the configuration in Google Tag Manager to be able to use the Servers for server-side tagging.
3.4. You are responsible for the integration on your website and/or app. Additionally, you are responsible for any further configurations in Google Tag Manager.
3.5. You agree to use the Servers only for tracking purposes.
3.6. You are responsible for all data processing. This affects the data you send to the Servers, its processing and its forwarding to your own services or those of third parties. This includes, in particular, the legal basis for these operations.
4.1. We may suspend your right to use our Service upon notice to you if we determine any of the following:
4.2. You are still responsible for paying any fees and charges that you incur during the suspension period.
5.1. This Agreement will become effective when you click the "Create GTM Tagging Server" button presented with this Agreement.
5.2. You represent to us that you are legally able to enter into contracts (for example, that you are not a minor). If you are entering into this Agreement on behalf of a legal entity, such as the company for which you work, you represent to us that you have the legal capacity to bind that legal entity.
5.3. The term of this Agreement shall commence on the effective date and shall remain in effect until terminated, in accordance with the information in this Section 5.
5.4. You may terminate this Agreement for any reason by using the “Delete GTM Tagging Server” feature of the Service instance in our application. If you have an active subscription to a plan, you must first terminate it.
5.5. Both parties are entitled to terminate the contract extraordinarily in case of a material breach of this Agreement, and the material breach remains uncured for a period of 30 days from receipt of notice by the other party.
5.6. We may also terminate this Agreement, with immediate effect and upon notice, if your Service is suspended, or we have the right to do so for any reason mentioned under Section 4.
5.7. You will continue to be responsible for payment of all applicable fees and charges until the termination date.
6.1. The price for the Service used by you results from the completed online contract offer. Depending on the contract offer selected, it is a monthly or annual net price in Euro or US-Dollar, plus the applicable statutory sales tax, if applicable.
6.2. Switching to another contract offer is possible either immediately (in the case of an upgrade) or at the end of the current billing cycle (in the case of a downgrade).
6.3. All offers are based on the monthly tracking-related requests that the servers receive (hereinafter referred to as “Usage Cycle”). Each offer has a certain number of requests that are included. All our plans include an inclusive volume per month for tracking-related requests. If you have exceeded these two Usage Cycles in a row, we have the right to adjust your plan to current usage. The resulting price difference compared to the original contract offer can be charged by us for the remaining billing period.
6.4. Unused included volume of tracking-related requests expires at the end of the Usage Cycle. The Usage Cycle is independent of the calendar month and results from the billing cycle.
6.5. All offers include an automatic renewal of one or 12 months (depending on the billing interval) provided the plan has not been cancelled. Upgrades and downgrades are taken into account accordingly.
6.6. To end an accepted offer by the end of the current billing cycle, you have to use the corresponding function which is available in our application.
6.7. If we offer a free trial, you can try it the Service to its full extent for free during the trial period. The free version can only be used once for a domain and/or a specific Google Tag Manager Container ID.
6.8. At the end of the free trial, you have the option to switch to a plan that guarantees the continued operation of the Servers. If you decide against or do nothing, your Servers will be stopped.
7.1. Excluded from the availability mentioned in Section 2.2 are times when the Servers are unavailable due to events beyond our control. For example, force majeure, technical problems beyond our control, actions of third parties who are not commissioned by us, restricted or missing functionality of the internet, etc.
7.2. As stated in Section 2.3, we source the software for the Servers directly from Google. We are not liable for any errors resulting from the provision of the software or the software itself. This expressly applies to the resulting effects on the availability of the Servers.
8.1. We shall be entitled to use subcontractors in whole or in part for the Service. Any deviating provisions from a separate data processing agreement shall remain unaffected.
8.2. Should one or more provisions of this Agreement be ineffective, the remainder of the terms shall remain effective. The invalid provision shall be replaced by the relevant statutory provision.