Skip to main content
The Accessibility Improvement Act (BFSG) is in force - Is your website already fit?Check your website now

Terms of Use

  1. Parties, scope of application, definitions

    1. These Terms of Use apply to the use of the software “siteboard” (hereinafter also referred to as “Software”) of the provider bynary GmbH, Weißenburgstraße 22, 93055 Regensburg, Germany, phone: +49 941 462 971 31, info@siteboard.io,https://bynary.io (hereinafter also referred to as “we” or “bynary”) and govern the contractual relationship between bynary and the customer.
    2. A customer is any natural or legal person who uses the software free of charge or for a fee (hereinafter referred to as “customer”).
    3. These Terms of Use apply exclusively. The customer’s contractual terms and conditions shall not apply.
    4. Counter-confirmations by the Customer with reference to its own terms and conditions are expressly rejected.
    5. The prerequisite for the use of the software is the conclusion of an agreement on the use of the software between the parties. An agreement on the use of the software is concluded when the customer applies to bynary for access to the software, bynary sends the customer an offer to conclude a contract of use by sending the access data for the software and these terms of use by email and the customer accepts this offer by using the access data as a user of the software for the first time.

  2. Description of the scope of services / changes to the services / changes to the terms of use

    1. Statements and explanations by bynary in advertising materials and on websites are to be understood as a description of the quality and not as a guarantee or assurance of a property.
    2. The subject of the contract between the customer and bynary is the provision of access to theSoftware-as-a-Service (SaaS) solution“siteboard” through access via the Internet (https://app.siteboard.io).
    3. The software is operated by bynary as a web-based SaaS solution or cloud solution. The customer is enabled to use the software stored and running on the servers of bynary or a service provider commissioned by bynary via an Internet connection during the term of this contract for their own purposes and to process their data with its help.
    4. The software enables the customer to check their own websites for problems using the tools integrated in the software. This includes, among other things, checking the speed at which the website is called up, security problems, testing for accessibility and SEO.
    5. Bynary provides various tools for this purpose, the scope of which can be found in the functional description valid at the time the contract is concluded.
    6. The software automatically checks the website entered by the customer for problems and gives the customer specific recommendations for action to improve the website in the event of problems with the tools.
    7. The contractual obligations of bynary result primarily from the respective functional description of the software or offers sent and orders signed between bynary and the customer.
    8. Bynary provides the services according to the current state of the art.
    9. The software shall remain on bynary’s server at all times. The provision of a source code for the software is not part of the contract.
    10. Bynary provides the use of the software at the router exit of the data center (“transfer point”).
    11. The Software is accessed via the public Internet using a standard web browser without inappropriate or unusual browser settings and without special access software.
    12. Bynary shall provide the services free of harmful software. Furthermore, Bynary warrants that the services are free of functions that jeopardize the integrity, confidentiality and availability of the Customer’s data or other data or software provided by the Customer and that run counter to the Customer’s confidentiality or security interests, e.g. through functions for undesired access.e.g. through functions for the undesired sending/extraction of data, functions for the undesired modification/manipulation of data or the flow logic or functions for the undesired introduction of data or undesired functional enhancements.
    13. In order to improve the functionality of the software or to adapt the services to the state of the art, bynary may adapt chargeable services after the start of the contract without the customer’s consent. However, such a change may not result in the originally agreed functionalities no longer being available to the customer or originally agreed requirements only being fulfilled to a significantly limited extent.
    14. The contractual software does not check the content and files of the customer’s website with regard to third-party rights such as copyright, trademark law or competition law.
    15. The subject matter of the contract does not include checking the admissibility of texts or files on the customer’s website with regard to competition and trademark law.
    16. Use of the software to check websites or tools in the high-risk area is excluded.

  3. Prices, due date, payment

    1. If no free use of the software is expressly promised by bynary, the payment period and amount of the remuneration as well as the payment method are based on the order form.
    2. Invoices from bynary are due for payment immediately upon receipt by the customer without deduction.
    3. All prices quoted include the applicable statutory value added tax
    4. Monthly remunerations are to be paid in advance. The due date is the first day of monthly use.
    5. Payments are made by bank transfer order or direct debit.
    6. If the customer is in arrears with due payments, bynary is entitled to refuse to fulfill due services to the customer and to block the account for the software.

  4. Duration of contract, termination

    1. The contract begins with the confirmation of registration by the customer, but at the latest with the first login to the software.
    2. If no fixed term is agreed when the contract is concluded, the minimum contract term is twelve months. This also applies for plans that are billed monthly.
    3. The contract can be terminated by either party with one week’s notice to the end of the contract without giving reasons.
    4. If no notice of termination is given, the contract is automatically extended by a further month in each case, unless otherwise agreed when the contract is concluded.
    5. The right to terminate for good cause remains unaffected.
    6. Good cause shall be deemed to exist if there are facts on the basis of which the terminating party can no longer reasonably be expected to continue the contract, taking into account all the circumstances of the individual case and weighing up the interests of the contracting parties.
    7. Any termination must be in text form.

  5. Maintenance of the software, updates, upgrades - service changes

    1. Bynary undertakes to correct any errors that may occur in the Software.
    2. Bynary shall be entitled to install updates, i.e. improved versions of the Software and upgrades of the Software, and make them available to the Customer at any time.

  6. Support

    1. The customer shall immediately notify bynary of any errors that occur and support bynary in investigating and rectifying errors within reasonable limits. This includes, in particular, submitting error reports, system printouts and other data suitable for analyzing the error in text form upon request.
    2. If display problems occur in web browsers that are older than 12 months, rectification is not part of the support service.

  7. Availability - Compensation

    1. No availability is guaranteed during the free beta phase. The beta phase is used to test the software and customers can test the software free of charge.
    2. The following applies to paid access to the software:
      1. This does not apply to times when the corresponding servers cannot be reached due to technical or other problems that are beyond bynary’s control (force majeure, fault of third parties, Internet failure, power outages, etc.).
      2. With the consent of the customer, bynary may also interrupt the provision of services outside the periods specified in this agreement in order to carry out maintenance work for a period specified in advance. These periods shall not be taken into account when calculating the availability rate.
      3. The customer shall only refuse consent if there is a legitimate interest in doing so.
      4. The availability is determined from an observation period of one quarter. It is calculated according to the following formula: The maximum availability is the number of hours for the respective month minus 2 hours for planned maintenance work (Planned Maintenance). Planned maintenance times are required to maintain trouble-free service operation and to further develop the software.
      5. The night hours from midnight to 6 a.m. are excluded from the availability commitment. At this time, necessary processes for data backup and system checks are running, i.e. there may be temporary disruptions during this time.
      6. A downtime of up to 1% during the remaining operating time is in accordance with the contract.
      7. The downtime is measured from the time of notification of non-availability by the customer (during business hours) until the restoration of service availability by bynary.
      8. The following disruptions for which bynary is not responsible do not count as downtime and are not included in the calculation of downtime. These are downtimes due to
        • Disruptions and bottlenecks in Internet traffic,
        • force majeure,
        • misuse of the service (e.g. DDoS attacks) or other disruptions caused by components for which bynary is not responsible (e.g. password misuse).
      9. If the average availability is below 99%, bynary will compensate the customer. The compensation takes the form of a reduced tariff for the billing period of a month immediately following the reporting period in which the minimum availability is not met.
      10. The compensation is calculated as follows:
        • If availability is 96 to 99 percent, the tariff is reduced to 90 percent.
        • If availability is between 93 and 96 percent, the tariff is reduced to 70 percent.
        • With an availability of 90 to 93 percent, the tariff is reduced to 50 percent.
        • If availability is below 90 percent, no charge is due.

  8. Response times

    1. In the event of software problems, the response time is within one working day (if reported during business hours) or the following working day (if reported outside business hours) after notification.
    2. Working days are all days between Monday and Friday with the exception of public holidays.
    3. If the customer has reported a fault, it may be necessary to contact the customer by telephone to clarify the circumstances and carry out a diagnosis and fault clearance. The customer will therefore be reachable by telephone and e-mail from the time the fault is reported.

  9. Obligations of the customer, liability of the customer, instructions to the customer

    1. The customer is solely responsible for the use of the software, the proper processing of its data and the results achieved and their implementation.
    2. The customer may not overload the software, e.g. by running too many scans, attempting to hack the software or circumvent algorithms, or attempting reverse engineering.
    3. The customer is prohibited from creating multiple accounts or deliberately using VPN in order to be able to carry out further scans via the software beyond the contractual use.
    4. The customer is liable for the content uploaded to the software, such as data, photos, texts, etc., themselves
    5. The customer himself is responsible for data analyzed by him via the software.
    6. The customer undertakes to use bynary’s services exclusively for the contractually agreed purposes. Access to the bynary software is exclusively via the agreed channels.
    7. The customer may not circumvent, remove, disable or otherwise render inoperable security measures set up by bynary.
    8. The customer must comply with appropriate technical and organizational security standards and ensure that no viruses, Trojans or other malicious code enter bynary’s systems / software from its systems.
    9. The customer is responsible for monitoring the proper use of the contractual services by his employees and in particular the employees also stored in his profile as other authorized users. For its part, it is obliged to oblige its authorized users to comply with the provisions of these GTC.
    10. The customer is liable for the use of his access to the services of bynary under the passwords chosen by him or via his infrastructure, unless he proves to bynary that the use is not attributable to him.
    11. The customer may only use the software in accordance with the contractual agreements and the statutory provisions. Content that the customer creates with the service, as well as other data that the customer creates, stores or provides with the help of the service (together “customer data”), may not violate applicable law, morality or the rights of third parties.
    12. The customer shall indemnify bynary against all third-party claims resulting from a breach of the aforementioned obligations. The indemnification also includes the costs of a necessary legal defense.
    13. If the customer violates the above obligations, bynary is entitled to block access to the software without notice and/or to terminate this contractual relationship without notice.
    14. The customer is informed and is aware that the position of his website in the search engines can change at any time.
    15. The customer is expressly advised that the software may not be able to check and determine all requirements of the Barrierefreiheitsstärkungsgesetz, the DDG, the DL-InfoV or the EU-DSGVO and/or other laws / regulations. The software is merely a tool to detect technical problems. The customer is therefore encouraged to have his website checked again by a lawyer for legal correctness and completeness after the defects detected by the software have been rectified.

  10. Storage of scans - deletion of accounts and data

    1. For free accounts, only the last 10 scans per page of the customer are saved.
    2. The customer acknowledges that bynary reserves the right to deregister free accounts that are inactive for a longer period of time (at least 12 months) and to delete the account data.
    3. At the latest one week after termination of the contract, bynary deletes all data that the customer has analyzed via the software completely and irretrievably in accordance with data protection regulations.

  11. Rights of use - reproduction rights - rights of third parties

    1. Bynary grants the customer a non-exclusive right of use to the software provided, limited in time to the term of the contractual relationship.
    2. The customer is not permitted to grant rights of use to third parties. In particular, subletting the software (in whole or in part) is not permitted.
    3. The customer may only use the content, texts, reports and evaluations provided by bynary for the design of its contractual Internet presence. The customer is not permitted to grant third parties any further rights of use to the work results of the software.
    4. Scan results / reports of the software may not be sold to third parties or used commercially when using the software via a free account.
    5. Bynary is entitled to prevent machine access to the Software, e.g. by bots/spiders, and to block affected access.
    6. If the software contains third-party components or open source components, these components are subject to separate license terms. The license terms of the respective third-party provider and applicable provisions of a general public license (GPL) also apply to the right of use granted to the customer. The fact that the software may contain third-party components or that individual components may be subject to a GPL does not constitute an infringement of third-party property rights.
    7. If claims are asserted against the customer for infringement of property rights, the customer must notify bynary immediately, in particular by sending copies of all documents and records without delay.
    8. If the customer violates the information and coordination obligations incumbent upon him and if bynary is therefore unable to cooperate fully or at all in the defense against such claims, bynary’s liability shall be limited to the claims to which bynary is entitled even in the event of negligence.which would have been recognized in favor of the third party whose property rights have been infringed even if the customer had fulfilled the information and coordination obligations in accordance with the contract.
    9. In the event of an infringement of third-party property rights, bynary shall, at its discretion, but at its own expense, obtain the consent of the infringed third party to the service to the customer and/or to effect the use by the customer, modify the service in such a way that the infringement is eliminated or perform again in such a way that third-party property rights are no longer infringed.
    10. If third-party property rights are infringed by individual components of bynary’s software, bynary may instead provide the customer with a new version of the software that no longer infringes the property rights of the third party, provided that this version corresponds to the essential agreements made with the customer in the order confirmation or in the offer with regard to functionalities and scope of services. The customer must accept the new version as soon as this is possible and reasonable for him, taking into account his data processing procedures without culpable delay.

  12. Data protection - Secrecy / Confidentiality - Place of performance

    1. Bynary shall comply with the statutory provisions on data protection.
    2. If necessary, the parties shall conclude a separate contract for order processing if personal data of the customer is processed via the software. The customer shall notify bynary of this immediately.
    3. The parties are obliged to treat all confidential information, business and trade secrets obtained within the framework of the contractual relationship confidentially, in particular not to pass them on to unauthorized third parties or to use them for purposes other than contractual purposes. However, the aforementioned duty of confidentiality shall not restrict either party from using persons working for it who have had access to confidential information in other projects.
    4. Confidential information is information which a reasonable third party would consider worthy of protection or which is marked as confidential. Confidential information may only be used or exploited for the purpose of fulfilling the obligations arising from the contract. The obligation of confidentiality shall not apply to information which is already lawfully known to the parties or which becomes known outside the contract without breach of a confidentiality obligation.
    5. The parties undertake to obligate their employees and collaborators as well as other parties involved accordingly.
    6. The processing of customer data by bynary takes place exclusively within the EU and the EEA

  13. Subcontractors

    1. Bynary is permitted to use subcontractors. This applies in particular to the service provider through which the software is hosted in the data center.
    2. If a subcontractor is used, bynary shall be liable for this subcontractor as for its own vicarious agents.

  14. Warranty - defects

    1. For customers who are consumers within the meaning of § 13 BGB, the statutory liability for defects applies.
    2. For customers who are entrepreneurs within the meaning of § 14 BGB, the following applies:
      1. Bynary shall provide the Customer with the agreed service during the term of the contract in accordance with the contract. For the period in which the usability of the software is reduced due to a defect or poor performance, the Customer shall only pay an appropriately reduced remuneration for the service.
      2. The customer’s other statutory claims due to defects or poor performance shall remain unaffected.
      3. The period for asserting claims for defects is one year.
      4. The above limitation and shortening of time limits shall not apply to claims for damages due to intent and gross negligence, injury to life, body or health, fraudulent intent, insofar as the Product Liability Act applies and in the case of warranty promises.

  15. Liability

    1. Bynary shall be liable without limitation for intent and gross negligence or fraudulent intent as well as to the extent of a guarantee promised to the Customer and in the event of liability under mandatory statutory provisions, such as the Product Liability Act.
    2. In the case of damages resulting from injury to life, body or health of a person, bynary is also liable without limitation for slight negligence.
    3. In addition, bynary is only liable for slight negligence in the event of a breach of a material contractual obligation, i.e. a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely (cardinal obligation).
    4. Except in cases of intent and gross negligence, bynary’s liability is limited to the sum of the contractual fees that the customer has paid to bynary for the period of one year prior to the occurrence of the damaging event within the framework of the specific contractual relationship.
    5. Bynary is only liable for data loss - except in the case of willful or fraudulent acts - if the customer has carried out data backups at regular intervals and only to the extent that the data can be reproduced with reasonable effort.
    6. Liability for data loss shall be limited to the typical restoration costs that would have been incurred if the customer had regularly made backup copies in accordance with the risks involved.
    7. Claims for compensation for indirect damages, incidental and consequential damages, loss of profit are excluded.
    8. Bynary shall not be liable for agreements and/or contractual penalties that the Customer has entered into with third parties.
    9. Bynary shall not be liable for the implementation of the measures / improvements proposed by the software / reports.
    10. Bynary shall not be liable for the legal admissibility of the Customer’s website. However, bynary endeavors to obtain and comply with the legal regulations / laws / web standards for the reports created via the software.
    11. A good score does not mean that the website category checked by the software is completely free of problems and/or legally compliant. Some issues / legal requirements can only be tested / checked manually, e.g. the use of plain language for accessibility.
    12. Bynary does not guarantee that a website checked by the software or a website after implementation of the reports of the software complies with all requirements of the Accessibility Reinforcement Act, the DDG, the DL-InfoV or the EU-DSGVO and/or other laws / regulations. The software is merely a tool for detecting technical problems.
    13. If the customer carries out search engine optimization based on the measures suggested by the software, bynary expressly points out that bynary cannot guarantee any rankings in the search engines and that the inclusion of the customer’s respective websites is not within the sphere of influence of bynary.
    14. Unless otherwise stipulated above, bynary’s liability is excluded.
    15. Insofar as bynary’s liability is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives or vicarious agents.
    16. The above limitation and shortening of time limits do not apply to claims for damages due to intent and gross negligence, injury to life, body or health, fraudulent intent, insofar as the Product Liability Act applies, and in the case of warranty promises.

  16. Reference, press release

    1. Bynary is free to inform the public about a general cooperation with the customer and the commissioned project in press releases or reference lists for customers who are entrepreneurs, e.g. to name the customer as a reference customer on the websites of bynary or on its social media pages, possibly with a logo, unless the customer expressly objects to this in text form.

  17. Storage of the contractual provisions

    1. The contractual terms and conditions are stored by bynary and can be accessed by customers in their customer account after logging in.

  18. Reference to the EU dispute resolution platform and information according to VSBG

    1. The European Commission provides a platform for online dispute resolution (ODR platform). This gives consumers the opportunity to resolve disputes in connection with their online order out of court. The ODR platform can be accessed via the following link: https://ec.europa.eu/consumers/odr.
    2. bynary is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

  19. Applicable law, place of jurisdiction, contract language, adaptation of the terms of use

    1. The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the event that the customer is a consumer, this shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be Regensburg. Bynary shall also be entitled to sue the Customer at its general place of jurisdiction.
    2. The contractual language is German.
    3. Bynary may amend these Terms of Use at the end of the current term. Registered customers will be notified of changes to the Terms of Use by e-mail.
    4. If the customer objects to the change or if the customer does not accept the new terms of use, the original terms of use shall continue to apply until the end of the contract - bynary already points out that in this case the contractual relationship will be terminated at the next possible date in order to ensure a uniform legal system with the customers.