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Terms and Conditions

Last updated: September 29, 2026 · Deutsche Fassung

Convenience translation, the German version prevails. This English text is provided for your convenience. Only the German version (Allgemeine Geschäftsbedingungen) is legally binding. In case of any discrepancy, the German version applies.

§ 1 Scope

(1) These General Terms and Conditions ("Terms") apply to all contracts between Vestamedia UG (haftungsbeschränkt) ("Vestamedia", "we") and our customers ("Customer", "you") regarding the use of the Vestamedia service.

(2) Vestamedia is aimed exclusively at businesses within the meaning of section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Contracts with consumers are excluded.

§ 2 Subject matter of the contract

(1) Vestamedia provides a software-as-a-service solution for local businesses. The Customer controls the service by messages via WhatsApp or SMS; there is no separate administration program to operate. The Customer uses the account area on vestamedia.app for the contract, payment, invoices and data export.

(2) There are two plans:

(3) The exact scope of services results from the description of the chosen plan on vestamedia.app at the time the contract is concluded.

(4) Texts and design are created with the help of artificial intelligence. Posts and changes to the website are published without prior individual approval as soon as the Customer requests them or has set up automatic publishing. The Customer can have content changed or removed at any time by message.

(5) Optionally, Vestamedia registers and manages a domain in the Customer's name (domain service). The Customer is the owner of the domain. After the contract ends, the Customer can move it to another provider; Vestamedia assists with this.

§ 3 Conclusion of contract & free trial

(1) The Customer registers online. By submitting the registration form, the Customer makes a binding offer. Vestamedia accepts this offer by activating the account.

(2) Every new customer receives a free trial of 7 calendar days.

(3) The trial ends automatically after 7 days. If the Customer does not cancel before it expires, the chosen plan starts at the regular conditions.

(4) A credit card or another valid means of payment is required to start the trial, but it is not charged during the trial.

§ 4 Fees & payment

(1) The prices at the time the contract is concluded apply. Currently, each net plus statutory VAT (Umsatzsteuer):

(2) Payment is made in advance by credit card, SEPA direct debit or other methods offered by our payment service provider Stripe.

(3) If a charge fails, Vestamedia informs the Customer and tries the charge again. The consequences of an outstanding payment are governed by § 6.

§ 5 Fair use

(1) The posting allowance is "unlimited" in the sense of fair use. The usual scope of use is up to 60 posts per month per customer account.

(2) In the event of significant overuse, Vestamedia reserves the right to agree on an individual solution with the Customer. There is no automatic block.

§ 6 Late payment

(1) The decisive date is the day of the first failed charge of an invoice. Vestamedia notifies the Customer on that day and before each of the following steps via the channel through which the Customer uses the service.

(2) If the payment is outstanding for longer than 3 days, Vestamedia suspends the creation and publication of posts and the execution of requests. The website and booking continue to run during this time.

(3) If the payment is outstanding for longer than 14 days, Vestamedia is entitled to terminate the contract without notice. The termination takes effect at the end of the 14th day without any further declaration being required; Vestamedia announces it at least once, stating the date.

(4) If the payment is received before the contract ends, the service continues immediately and in full.

(5) For customers who have not yet paid an invoice after the trial, periods of 2 and 5 days apply instead of the periods in paragraphs 2 and 3.

(6) The claim to the fee for the current billing period remains unaffected by the suspension.

§ 7 Term, cancellation and consequences of the end of the contract

(1) Monthly plans run monthly and can be cancelled at the end of the current billing period.

(2) Yearly plans run for 12 months. They can be cancelled with 30 days' notice to the end of the term and otherwise renew for another 12 months.

(3) Cancellation can be declared online in the account area or by email to kuendigung@vestamedia.app. Cancellation by chat message (WhatsApp, SMS) is not possible because the sender cannot be reliably identified there.

(4) The right to terminate without notice for good cause remains unaffected.

(5) When the contract ends, for whatever reason, publications and the acceptance of new bookings end. Bookings that have already been confirmed remain valid between the Customer and their guests.

(6) In the Complete plan, after the contract ends the website shows an overview with the name, address, phone number and opening hours of the business. 14 days after the contract ends, the website is switched off and the data of the Customer's guests (bookings, waitlist, contact requests, consents) is deleted. If the contract ends without the Customer ever having paid an invoice, the website is switched off immediately.

(7) Vestamedia deletes all other data of the Customer (photos, texts, conversation history, settings) 30 days after the contract ends, for customers without a paid invoice 14 days after the contract ends. Vestamedia announces the deletion no later than 7 days before it happens. Statutory retention obligations, in particular for invoices, remain unaffected.

(8) Until the deletion, the Customer can sign in to the account area, export their data and resume the contract with the existing state. After the deletion, restoration is not possible.

§ 8 Customer obligations

(1) The Customer is responsible for all content that they hand over to Vestamedia for publication (photos, texts, videos) and for the accuracy of their information, in particular regarding prices, opening hours, allergens and additives.

(2) The Customer warrants that they hold all necessary rights to this content, in particular copyrights and personality rights.

(3) The Customer will not submit any unlawful content (e.g. insults, copyright infringements, unauthorized advertising).

(4) The Customer is the provider of their website and their social media channels. The Customer provides the information for the legal notice (Impressum) and privacy policy and reviews the texts Vestamedia generates from it before approving them.

(5) The Customer is obliged to keep access data confidential and to inform Vestamedia if their mobile number changes or third parties have access to it.

§ 9 Liability

(1) Vestamedia is liable without limitation for intent and gross negligence and for damages resulting from injury to life, body or health.

(2) For simple negligence, Vestamedia is liable only for breach of essential contractual obligations, limited to the damage typical for the contract and foreseeable.

(3) Any further liability, in particular for lost profit or indirect damage, is excluded.

(4) Vestamedia is not liable for outages of third-party platforms (Meta, TikTok, Google, WhatsApp, mobile networks) or for fluctuations in how many people the platforms' algorithms show posts to.

§ 10 Service level

(1) Vestamedia strives for an availability of 99.5% on an annual average, excluding scheduled maintenance windows.

(2) Scheduled maintenance is announced at least 48 hours in advance and takes place outside core business hours where possible.

§ 11 Data protection

(1) Details on the processing of personal data are set out in the privacy policy.

(2) Vestamedia processes data of the Customer's guests (bookings, waitlist, contact requests) on behalf of the Customer. The controller within the meaning of the GDPR is the Customer. The parties conclude a data processing agreement pursuant to Art. 28 GDPR for this purpose.

§ 12 Changes to these Terms

(1) Vestamedia is entitled to change these Terms with at least 30 days' notice.

(2) If the Customer does not object to the change within 30 days of notification, the new version is deemed accepted. The Customer will be specifically informed of this in the notification.

§ 13 Final provisions

(1) The law of the Federal Republic of Germany applies to all legal relationships.

(2) The exclusive place of jurisdiction is Düsseldorf, provided the Customer is a merchant, a legal entity under public law or a special fund under public law.

(3) Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.

Note: These Terms are a draft and have not yet been reviewed by a lawyer. Before going live they need legal review, in particular: exclusion of consumers, limitations of liability, jurisdiction clause, automatic termination in case of late payment (§ 6 (3)), renewal of yearly plans and deletion periods (§ 7).