Terms and Conditions

(1) These Terms and Conditions ("Terms") govern all contracts for the use of the services of

Aiko Berge, trading as webXtrend

Altsporbitz 3

01259 Dresden

Germany

Email: info@webxtrend.com

Phone: +49 351 20734087

VAT ID: DE813395042

("webXtrend", "we", "us"), provided through the website webxtrend.com, the interface at api.webxtrend.com and the customer area.

(2) These Terms apply to consumers and to business customers. A consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession (Sec. 13 German Civil Code, BGB). A business customer is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business or profession when entering into the contract (Sec. 14 BGB). Individual provisions of these Terms apply expressly to only one of these groups; this is indicated in each case.

(3) Deviating, conflicting or supplementary terms of the customer do not become part of the contract unless we have expressly agreed to them in text form. This applies even where we render the service without reservation while aware of such terms.

(4) The version of these Terms in force at the time the contract is concluded applies. We make it available to the customer for retrieval, saving and printing before the order is placed.

(1) webXtrend is an information service about domains and the Domain Name System. We evaluate publicly accessible sources, in particular the public DNS, publicly reachable web pages and the profiles those pages link to, and make the results available in processed form. Depending on the plan, this includes DNS records and their history, redirects, reverse-IP neighbours, linked social media accounts, information from the crawl of the start page and lists of newly registered domains.

(2) The specific scope follows from the description of the plan booked, as shown on our pricing page at the time of the order, in particular the daily query limit stated there. The pricing page and the product description in the order process form part of the contract.

(3) We currently offer:

— Free: free access with a strictly limited daily allowance;

— Basic and Premium: paid subscriptions with a higher daily allowance and API access;

— Domain List Export: a one-off paid data export (a snapshot of the domain inventory) delivered as a download, available on its own or in addition to a subscription.

(4) No particular result is owed. What we owe is access to the service and the provision of the data we hold, not a particular research outcome, the completeness of the data set or the substantive accuracy of information taken from public sources. The data reflects the state of the respective collection and may be outdated, incomplete or, where the source is faulty, incorrect. Sections 10 and 11 apply.

(5) The service is aimed at market research, competitive analysis, IT security and brand protection. We warrant fitness for any further particular purpose of the customer only where we have expressly confirmed this in text form.

(1) Search on our website is open without registration. A customer account is required for API access, downloads and the administration of a plan.

(2) The customer must provide truthful and complete information on registration and keep it up to date. A valid email address is required to conclude the contract; all communication relating to the contract takes place through it.

(3) Credentials and API tokens must be kept confidential and protected against access by third parties. The customer must notify us without undue delay if there are indications of misuse. Until such notice is received, queries made through the customer's account or token are attributed to the customer; this does not apply where the customer is not responsible for the misuse.

(4) There is no entitlement to the creation of an account.

(1) The presentation of plans on our website is not a binding offer but an invitation to place an order.

(2) The order process runs as follows: on the order page the customer selects a plan and, where applicable, the "Domain List Export" add-on, enters an email address and a password and confirms the required declarations. Before submitting, the selected plan, the total price and the billing arrangements are displayed again in summary; input can be corrected there using the usual keyboard and mouse functions and the browser's back function. On submitting, the customer is taken to the payment page of our payment service provider Stripe and places a binding order there using the payment button.

(3) The contract is concluded when we accept the order. Acceptance takes place by activating the booked plan or by making the download available, and at the latest upon our confirmation in text form. For a free account the contract is concluded when the account is created.

(4) We confirm the contract in text form by email. The confirmation contains the content of the contract, these Terms and, for consumers, the withdrawal instructions together with the model withdrawal form.

(5) We store the text of the contract. The customer can access the contract documents at any time through the customer account and the confirmation email. The languages available for concluding the contract are German and English.

(1) The prices shown on the pricing page at the time of the order apply. All prices are gross prices and include statutory VAT where it is chargeable. For customers in other EU member states who supply a valid VAT identification number, VAT is not shown under the reverse charge procedure; liability for the tax passes to the customer.

(2) Payment is processed by our payment service provider Stripe Payments Europe, Ltd. The payment methods shown during the order process are available. Payment details are entered directly with Stripe; we do not receive them.

(3) Subscription fees are due monthly in advance. The billing period starts on activation and renews with each renewal of the contract. The price for the Domain List Export is due immediately and in full.

(4) We issue invoices electronically and make them available in the customer account or send them by email. The customer agrees to electronic invoicing.

(5) If the customer is in default of payment, we may suspend access after prior notice and a reasonable grace period until payment is made. Our claim to the fee remains unaffected. Statutory default interest is reserved.

(6) We will announce price changes for ongoing subscriptions in text form at least six weeks before they take effect. The customer may in that case terminate the contract with effect from the date the change takes effect, up until that date; we will point this out in the announcement. If the customer does not terminate, the change is deemed accepted.

(1) Subscriptions run for an indefinite period and are billed monthly. They renew for a further month unless terminated beforehand.

(2) The customer may terminate at any time with effect from the end of the current billing period. Termination requires no reason and is possible in particular via the "Cancel contract here" button, via the contract administration in the customer area, or informally by email to info@webxtrend.com. After termination, access remains available until the end of the period paid for; fees already paid for the current period are not refunded pro rata.

(3) We may terminate the subscription giving one month's notice to the end of the billing period. A free account may be ended by either party at any time without notice.

(4) The right to terminate for cause remains unaffected. Cause exists for us in particular where the customer breaches Section 7 or 8 despite a warning, is in default with a not insignificant part of the fee for more than 30 days, or intentionally provided false information on registration.

(5) Any termination must be in text form at least. When termination takes effect, access ends and API tokens are deactivated. Customers should download any exports they need beforehand. Section 7(4) applies to a Domain List Export purchased separately.

(1) On full payment, the customer receives a simple, non-exclusive, non-transferable right, limited to the term of the contract, to use the data and interfaces provided within the scope of the plan booked for its own business purposes.

(2) The right of use covers the evaluation, further processing and use of the data in the customer's own analyses and products, as well as reproducing individual results to third parties provided webXtrend is credited as the source.

(3) Without our prior consent in text form, the following are not permitted:

— passing on, publishing, renting out or reselling the data in substantially unchanged form, in particular passing on substantial parts of the data set or of an export;

— building a service comparable to ours on the basis of data obtained from us;

— passing credentials or the API token to third parties, or using the access on behalf of third parties; use by the customer's employees and by service providers engaged by the customer is permitted where it takes place for the customer.

(4) For the Domain List Export the following applies: the customer receives a simple right of use in the delivered file, unlimited in time, in accordance with paragraphs 1 to 3. That right is unaffected by the end of a subscription. There is no entitlement to updates or to a renewed download after the availability period stated in the customer area has expired.

(5) All rights in the website, the software, the database and its structure remain with us. Our database is protected as a database work and as a database within the meaning of Secs. 4 and 87a et seq. of the German Copyright Act.

(1) The customer uses the service only within the applicable law. In particular, the customer must refrain from:

— circumventing technical restrictions, in particular query limits, for instance through parallel or automatically created accounts or by spreading queries across several tokens;

— measures that impair the availability of our systems beyond contractual use;

— using the data for unsolicited advertising, for sending spam or for other measures unlawful under German unfair competition law;

— using the data to the detriment of the persons concerned, in particular for harassment, stalking or profiling of natural persons.

(2) Data protection responsibility. Where the data obtained contains personal data, the customer is an independent controller within the meaning of Art. 4(7) GDPR for its further processing. The customer must assess on its own responsibility whether and on what legal basis it may process the data for its purposes, and must fulfil the obligations incumbent on it, in particular the information obligations under Art. 14 GDPR. This is not processing on our behalf within the meaning of Art. 28 GDPR.

(3) If the customer materially breaches paragraph 1 or Section 7, we may temporarily suspend access. Before suspending we will set a reasonable period for remedy, unless this is unreasonable given the seriousness of the breach or a threat to our systems. We will inform the customer of the suspension and its reason. Our claim to the fee remains in place for the duration of a suspension for which the customer is responsible.

(4) The customer indemnifies us against third-party claims arising from unlawful use of the service for which the customer is responsible, including the reasonable costs of legal defence. We will inform the customer of such claims without undue delay and give it the opportunity to comment.

(1) We endeavour to keep the service as available as possible but, absent a separate agreement, do not owe any particular availability rate. Periods of scheduled maintenance, which we announce where possible and schedule for low-traffic times, and disruptions outside our control (in particular failures of third-party inputs, of the public DNS or of the internet) do not count as downtime.

(2) We may develop the service further and change individual functions, provided the contractual purpose is preserved and the customer is not placed in a worse position.

(3) Any change to the scope of services to the customer's detriment beyond paragraph 2 requires a valid reason, such as a change in the law, the loss of a data source or a necessary adaptation to the state of the art. We announce such changes in text form at least six weeks in advance; Section 5(6) sentences 2 and 3 apply accordingly.

(4) Interface versions we discontinue remain usable for at least three months from the announcement, unless compelling security reasons preclude this.

(1) The law on leases applies accordingly to paid ongoing access; the provisions on the supply of digital products (Secs. 327 et seq. BGB) apply to the Domain List Export, supplemented by sales law in relation to business customers.

(2) The customer must report defects in text form without undue delay after discovering them and describe them in a way that allows them to be reproduced. We will remedy defects within a reasonable period.

(3) It is not a defect if information is inaccurate or incomplete because the underlying public source presents it that way, because it has changed in the meantime or because it was unreachable at the time of collection (Section 2(4)). An insignificant deviation is likewise not a defect.

(4) In relation to business customers, the limitation period for claims based on defects in the Domain List Export is one year from provision. This does not apply to claims for injury to life, body or health, in cases of intent or gross negligence, where a defect has been fraudulently concealed, or in the cases of Secs. 478 and 445b BGB. The statutory periods apply to consumers.

(1) We are liable without limitation for damage arising from injury to life, body or health, in cases of intent and gross negligence, where a defect has been fraudulently concealed, to the extent of any guarantee given, and under the German Product Liability Act.

(2) In cases of simple negligence we are liable only for breach of a material contractual obligation, that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In that case liability is limited to damage that was foreseeable and typical for this type of contract at the time it was concluded.

(3) Liability is otherwise excluded. Strict liability of the lessor for defects existing at the outset under Sec. 536a(1) alternative 1 BGB is excluded.

(4) Paragraphs 1 to 3 also apply to the personal liability of our vicarious agents.

(5) The customer is responsible for backing up data obtained from us on which it relies. We are liable for loss of data only in the amount of the effort that would have been required to restore it had the customer taken proper and regular backups.

(6) For free use of the Free plan we are liable only for intent and gross negligence and in the cases of paragraph 1.

Consumers have a statutory right of withdrawal. Details, and the conditions under which the right of withdrawal expires early, are set out in our withdrawal instructions, which together with the model withdrawal form form part of this contract. Business customers have no right of withdrawal.

How we process personal data is described in our Privacy Policy. Section 8(2) additionally governs the customer's responsibility when further processing data obtained from us.

(1) We may change these Terms with effect for the future where this is necessary for a valid reason (in particular a change in the law, a decision of a supreme court, a gap in the provisions or a change in our range of services) and the customer is not unreasonably disadvantaged. The essential content of the contract, in particular scope of services and price, cannot be changed in this way.

(2) We will notify the change in text form at least six weeks before it takes effect and will separately point out the change, the right to object, the period and the consequences of remaining silent. If the customer does not object before the change takes effect, the change is deemed accepted. If the customer objects, the contract ends when the change takes effect unless we continue it on the previous terms.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. The European Commission's online dispute resolution platform was discontinued on 20 July 2025.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection of mandatory provisions of the law of the state in which the consumer has their habitual residence.

(2) If the customer is a merchant, a legal person under public law or a special fund under public law, or has no general place of jurisdiction in Germany, Dresden is the exclusive place of jurisdiction for all disputes arising from this contract. We remain entitled to sue at the customer's general place of jurisdiction.

(3) The customer may assign claims against us only with our consent. A right of retention is available to the customer only for counterclaims arising from the same contractual relationship; set-off is permitted only with undisputed or legally established claims. Sentences 1 and 2 do not apply to consumers.

(4) Should any provision of these Terms be or become invalid, the validity of the remaining provisions is unaffected. The statutory provisions take the place of the invalid provision.

(5) The language of the contract is German. These Terms are also available in English translation; in the event of discrepancies the German version prevails.