SCNX Sites – Additional Terms

As of: 18.10.2026

info

This English version is a translation for information only. The German version is legally binding (§ 24(3)).

§ 1 Scope and precedence

(1) These Additional Terms for SCNX Sites ("Sites Terms") apply to all website, publishing and related functions that ScootKit UG (haftungsbeschränkt), Munich ("ScootKit", "we"), offers under the name "SCNX Sites" or as part of it, now or in the future ("Sites").

(2) The SCNX Terms of Service ("ToS", scootk.it/scnx-tos) and the Data Processing Agreement ("DPA", scootk.it/scnx-dpa) also apply, each in its current version. Sites is a function of the Platform within the meaning of the ToS. Terms defined in the ToS have the same meaning here.

(3) Order of precedence:

1. the DPA, for processing of personal data on the Customer's behalf;
2. these Sites Terms, for Sites;
3. the ToS.

Individual agreements made in text form take precedence over all of these.

(4) The Customer accepts these Sites Terms when it first creates a Site, or when it uses Sites in any other way. Anyone who does not accept them may not use Sites. The rest of the Platform is not affected.

(5) Any terms of the Customer, of its Site Team, or of third parties that the Customer wants to apply do not apply, even if ScootKit does not object to them.

§ 2 Definitions

• Site: any website, page, publication or other web presence created or managed with Sites, including all its pages, posts, settings, forms, files and versions.
• Site Content: all content the Customer or anyone acting for it (§ 5) adds to a Site or causes to be added, regardless of how it was created or transmitted. This includes text, images, media, links, embeds, code, form questions, metadata and configuration.
• Site Team: everyone who has access to a Site through the Customer's server or account. This includes owners, co-owners and members with website permissions.
• Authorised Agent: any software, service or person that accesses Sites on the Customer's behalf. This includes AI assistants, MCP clients and servers, API keys, bots, automations and integrations.
• Visitor: any person or automated system that opens a Site.
• Platform Address: an address on a domain operated by ScootKit, for example a subdomain or path.
• Custom Domain: a domain or subdomain the Customer connects to a Site that is not operated by ScootKit.
• Documentation: the current descriptions of Sites in the dashboard, at docs.scnx.xyz, in the plan overview, and in the sub-processor list.

§ 3 Services, functions and further development

(1) Sites lets the Customer create, design, publish and manage Sites, and ScootKit hosts and delivers them. The functions available to the Customer, their scope and their limits (for example the number of Sites, pages, domains, storage, form answers or team members) are set out in the Documentation and depend on the Customer's plan.

(2) Sites is a constantly evolving service. ScootKit may add, change, replace or remove functions, block types, templates, themes, interfaces, integrations and third-party providers, provided this is reasonable for the Customer in view of ScootKit's interests. It is reasonable in particular where a change:

1. is required by law, a court or an authority;
2. serves security, stability or the prevention of abuse;
3. follows a change by a third-party provider, such as Discord, a video platform or a bot protection provider;
4. technically develops Sites without materially limiting the main functions the Customer pays for;
5. concerns functions that are provided free of charge, or that are marked as beta, preview or experimental.

(3) ScootKit will tell the Customer about changes that materially affect published Sites in good time, normally at least 4 weeks in advance. If a change materially limits a paid function, the Customer may terminate the affected paid service with effect from the date of the change. ToS § 34 remains unaffected.

(4) Functions marked as beta, preview or experimental may be unstable, change at short notice or be discontinued. ToS § 15 applies to them. Taking a function out of beta does not change these Sites Terms.

(5) Unless agreed otherwise, the Customer has no right to:

• particular designs, templates or functions being kept;
• particular search engine rankings;
• compatibility with particular browsers or devices beyond their current versions;
• the continued availability of third-party services.

(6) ScootKit does not provide legal, tax or other professional advice. Notes, checklists, warnings, templates and sample texts (for example for legal notices or privacy policies) are for guidance only. They do not confirm that a Site is lawful and do not replace the Customer's own review.

(7) Free plans. Sites may be offered free of charge, in whole or in part. For free plans, ScootKit may at any time, without notice and at its reasonable discretion, do the following:

• limit, change or discontinue functions;
• limit resources, such as storage, bandwidth, pages or form answers;
• limit availability, support or the number of Sites;
• make functions available only on paid plans in future.

There is no right to keep particular functions of a free plan. ScootKit will tell the Customer in good time before discontinuing a free plan entirely, so that the Customer can export its Site Content. Paragraph (3) does not apply to free plans.

§ 4 Customer as operator; legal obligations

(1) The Customer is the operator, publisher and person responsible for its Sites and all Site Content. Where the law uses such terms, this includes being the service provider (Diensteanbieter), the person responsible for content, and the controller. ScootKit only provides the technical infrastructure. For Site Content, ScootKit acts as a hosting service within the meaning of Art. 6 DSA. ScootKit does not adopt Site Content as its own, even where ScootKit hosts, moderates, displays, caches, formats or technically adapts it.

(2) The Customer must operate its Sites in compliance with all applicable laws and is solely responsible for doing so. This applies in particular to:

1. legal notices and imprints (for example § 5 DDG, § 18 MStV, or comparable law in other countries);
2. data protection and privacy, including privacy policies, legal bases, information duties, consent for cookies and similar technologies, and data subject rights;
3. copyright, trademark, design, name, personality and competition law;
4. consumer protection, distance selling, pricing and e-commerce law, where the Customer offers goods, services, memberships, donations or paid content;
5. youth protection, gambling and advertising law, and rules on sweepstakes and giveaways;
6. labelling of advertising, sponsored content and affiliate links;
7. accessibility obligations, where they apply to the Customer;
8. tax obligations that arise from its Site.

(3) Sites may provide fields, pages or templates for legal information. Where they exist, ScootKit displays the information the Customer enters. ScootKit does not check whether it exists, is complete, correct or up to date. The Customer must not give ScootKit's details as its own, or create the impression that ScootKit operates its Site.

(4) If the Customer uses a Site commercially, ToS § 16 applies accordingly. The Customer must make sure that its plan permits commercial use.

(5) ScootKit may forward notices that a Site lacks legally required information to the Customer and ask it to fix the issue. ScootKit is not obliged to restrict a Site because of missing legal information. It may do so, in particular, if an authority or court orders it, if the Customer does not respond to repeated notices, or if the missing information conceals the identity of a commercial operator.

§ 5 Site Team, access and Authorised Agents

(1) The Customer decides who in its Site Team has access to its Sites and with which rights. Every action taken by a member of the Site Team counts as an action of the Customer. ToS § 9 (Trusted Admins and team members) applies accordingly.

(2) Where ScootKit offers it, the Customer can let Authorised Agents access Sites, for example through an API, an MCP server, access tokens, integrations or AI assistants. Examples include third-party AI assistants such as chatbots or coding agents.

(3) Every action an Authorised Agent takes with the Customer's access counts as an action of the Customer, whether or not the Customer reviewed, intended or approved it in the individual case. This applies in particular to creating, changing, publishing, unpublishing or deleting Site Content, changing settings, connecting domains, and accessing form answers.

(4) The Customer is responsible for:

1. choosing, configuring and supervising its Authorised Agents carefully;
2. granting them only the permissions they need;
3. keeping access tokens and credentials secret, and revoking them immediately if they may have been compromised;
4. reviewing content created or changed by Authorised Agents before or promptly after it is published;
5. making sure that its use of third-party AI services is lawful, in particular where those services receive Site Content or form answers. The provider of such an AI service is not a sub-processor of ScootKit.

(5) ScootKit may limit the number, frequency and scope of requests from Authorised Agents, and may block individual agents, tokens or integrations, for security, stability or abuse prevention. Where possible, ScootKit will tell the Customer first.

(6) Automated access to Sites without an interface provided by ScootKit is prohibited (ToS § 6(2)). This includes scraping the dashboard and automating the editor through the browser.

(7) ScootKit is not liable for damage caused by Authorised Agents acting on the Customer's behalf. This includes incorrect, unwanted or deleted content and data disclosed to third parties. ToS § 31(2) and (5) remain unaffected.

§ 6 Content rules

(1) Sites are publicly accessible on the internet. The Content and Conduct Guidelines in ToS § 8 and the advertising rules in ToS § 21 also apply to Site Content. The exception for content in channels marked NSFW (ToS § 8) does not apply to Sites.

(2) In addition, Sites must not contain, link to or be used for any of the following:

1. Phishing: asking for, collecting or transmitting passwords, login or authentication codes, tokens, session data, recovery phrases or private keys, or payment card data, outside a payment function provided by ScootKit;
2. Impersonation: pretending to be another person, company, brand, authority, Discord, SCNX or ScootKit, or creating the false impression of an affiliation, endorsement or official status;
3. Fraud: scams, fake giveaways, "free Nitro" or similar offers, pyramid or investment schemes, unlicensed financial services, or misleading claims meant to obtain money, accounts or data;
4. Harmful software: malware, cryptominers, exploits or other harmful code, or links to it, and attempts to get around security measures of ScootKit, browsers or third parties;
5. Sexual content: pornographic or sexually explicit content, and content harmful to minors within the meaning of the JMStV;
6. Illegal offers: offering, advertising or arranging illegal goods or services, or goods and services that require a license the Customer does not have, including gambling, weapons, drugs, counterfeit goods, and stolen or leaked accounts or data;
7. Infringing content: content that infringes third-party rights, in particular copyright, trademarks or personality rights;
8. Other people's data: publishing personal data of third parties without a legal basis, including doxxing and publishing private messages;
9. Extremism and violence: extremist, terrorist or violent content within the meaning of ToS § 8, including glorifying or inciting violence or self-harm;
10. Search manipulation: spam, keyword stuffing, cloaking, doorway pages, link farms, or Sites created mainly to manipulate search engines or for affiliate spam;
11. Proxies and file hosting: using Sites mainly as a redirect service, URL shortener, proxy, file host or content delivery network, or to host content unrelated to the Customer's community;
12. Getting around restrictions: recreating content or Sites that ScootKit has removed or restricted, or getting around limits of the plan.

(3) ScootKit may describe these rules in more detail in the Documentation, for example with examples, special rules for sensitive topics, or transparency requirements. ToS § 8(3) applies to Sites on sensitive topics.

(4) The Customer must make sure that its Site Team and its Authorised Agents follow these rules.

§ 7 Custom code, scripts and integrations

(1) This § 7 applies where ScootKit allows the Customer to add its own HTML, CSS, JavaScript, tracking or tag codes, widgets, iframes or other code to a Site ("Custom Code"). ScootKit decides whether to offer Custom Code, on which plans, and to what extent. It may make it subject to verification, review or approval.

(2) The Customer is solely responsible for Custom Code, in particular for:

• its security and correct functioning;
• its legality and compliance with data protection law;
• the third-party services it loads.

If Custom Code sets cookies, reads information from the device, loads third-party content or transfers Visitor data, the Customer must obtain any consent required (for example under § 25 TDDDG) and inform Visitors. The third parties involved are not sub-processors of ScootKit.

(3) In addition to § 6, Custom Code must not:

1. be used to change, hide or cover the platform elements under § 15;
2. collect data under § 6(2) no. 1, or record Visitors' inputs or behaviour without a legal basis;
3. attack or impair ScootKit's systems, other Sites or Visitors' devices, or put an unreasonable load on them;
4. undermine or circumvent security measures, sandboxes, content security policies or other restrictions set by ScootKit;
5. contain hidden, obfuscated or remotely reloaded functions that are not visible in the Site's code;
6. mine cryptocurrency, display unwanted pop-ups or redirect Visitors without their action.

(4) ScootKit may deliver Custom Code in an isolated environment, for example on a separate domain, in a sandbox or with a restrictive content security policy. It may automatically check, change, restrict or remove Custom Code, or disable it for a Site, if it poses a risk to security, stability, Visitors or the Platform's reputation. Where possible, ScootKit will tell the Customer first.

(5) ScootKit provides no support for Custom Code and is not liable for its functioning, or for damage caused by it. The Customer indemnifies ScootKit against third-party claims arising from its Custom Code (§ 21).

§ 8 Blog, posts and editorial content

(1) Where Sites offers a blog, news, posts, events or similar functions ("Posts"), Posts are Site Content. The Customer is the author and publisher of its Posts and is responsible for them.

(2) If the Customer publishes journalistic or editorial content, it must comply with the applicable rules, in particular:

• naming a person responsible for the content (§ 18(2) MStV);
• the duty of journalistic care (§ 19 MStV);
• clearly separating advertising from editorial content;
• correcting false statements and publishing replies where required by law.

(3) Where Sites lets Visitors comment on, react to or otherwise contribute to Posts ("Visitor Contributions"):

1. the Customer is responsible for moderating them and must remove unlawful Visitor Contributions without undue delay once it becomes aware of them;
2. Visitor Contributions are Site Content, and § 6 applies to them;
3. ScootKit may also moderate or remove Visitor Contributions itself;
4. the Customer must give Visitors any terms of use and information that the law requires.

(4) Where Sites distributes Posts automatically, for example through feeds, newsletters, notifications or Discord messages, the Customer is responsible for the content and for any consent it needs, in particular for e-mail newsletters (§ 7 UWG).

(5) Content that Sites takes over from the Customer's Discord server, such as server details, events, team members or rules, is Site Content. The Customer is responsible for having the right to publish it, in particular for names and profile pictures of team members.

§ 9 Forms, interactive functions and Visitor data

(1) Where Sites offers forms, sign-ups, surveys, polls, Visitor Contributions or other functions through which Visitors enter data ("Interactive Functions"), the Customer is the controller for the personal data processed through them, and ScootKit is the processor. The DPA applies.

(2) The Customer is responsible for:

• having a legal basis for every data field;
• informing Visitors properly;
• obtaining consent where required;
• choosing retention periods that suit the purpose;
• answering data subject requests.

Interactive Functions must not be used to collect the following, unless ScootKit expressly offers a function for this purpose:

• special categories of personal data (Art. 9 and 10 GDPR);
• ID documents;
• the data listed in § 6(2) no. 1;
• data of children under 16 without the consent required.

(3) Where the Customer forwards data from Interactive Functions to other destinations, such as Discord, webhooks, e-mail, Authorised Agents or exports, the Customer alone is responsible for these copies. ScootKit's deletion and retention settings do not apply to them.

(4) To protect against abuse, ScootKit may use protective measures for Interactive Functions, such as bot checks, rate limits and spam filters, including services of third-party providers. Where necessary, the Customer may not deactivate them. The providers are listed in the sub-processor list.

(5) ScootKit processes some Visitor data as its own controller, as described in the SCNX privacy policy, in particular for:

• the security and stability of the Platform;
• abuse prevention;
• handling reports;
• complying with its legal obligations.

§ 10 Statistics

(1) Where ScootKit provides statistics or analytics for Sites, they are as described in the Documentation. Statistics are approximate and may be incomplete. ScootKit does not guarantee that they are accurate or complete, or that they will be kept for any particular period.

(2) Statistics are designed to need no consent from Visitors. If the Customer adds its own analytics or tracking tools, § 7(2) applies.

§ 11 Third-party content and services

(1) Sites can show or use content and services from third parties, such as video and streaming platforms, Discord, map, payment or social media services ("Third-Party Services"). The selection depends on the Documentation and may change (§ 3(2)).

(2) Third-Party Services are provided by the respective third party under its own terms. ScootKit is not liable for their availability, content, security or data processing, nor for changes the third party makes to them. ToS § 13 applies accordingly.

(3) Where embedding a Third-Party Service requires Visitors' consent, the Customer is responsible for obtaining it. This applies unless ScootKit provides a consent or click-to-load mechanism for that service and the Customer uses it.

(4) The Customer must comply with the terms of the Third-Party Services it uses through Sites, and in particular with the Discord Terms of Service and Community Guidelines (ToS § 8(1)).

(5) If a Third-Party Service is discontinued, changes its interfaces, or makes integration unreasonable for ScootKit, ScootKit may stop supporting it without this being a defect.

§ 12 Platform Addresses

(1) ScootKit can provide Platform Addresses for Sites. Platform Addresses and the domains they are based on remain ScootKit's property. The Customer receives a revocable, non-transferable right to use a Platform Address for as long as the Site exists. The Customer may not sell, rent, transfer or otherwise make Platform Addresses available to others.

(2) A Platform Address must not:

• infringe third-party rights, in particular trademark, company or name rights;
• be confusingly similar to Discord, SCNX, ScootKit or other well-known services or brands;
• be offensive or misleading;
• suggest an official or authorised status.

ScootKit may reserve or block names, refuse them, or allow them only with proof of authorisation.

(3) ScootKit may withdraw, change or reassign a Platform Address if:

1. it breaches paragraph (2);
2. a third party credibly asserts rights to it;
3. the Site has been unpublished or inactive for more than 12 months;
4. the Site is deleted or the contract ends;
5. this is necessary for technical reasons, for example a change of domain.

In cases 2, 3 and 5, ScootKit will tell the Customer in good time beforehand, normally 14 days in advance, and offer an alternative where possible. ScootKit may block released Platform Addresses for a period or assign them to others.

§ 13 Custom Domains

(1) Where the plan allows, the Customer can connect Custom Domains to a Site. The Customer may only connect domains it owns or is authorised to use. The Customer is responsible for:

• registering, renewing and administering the domain;
• the domain's DNS settings;
• the registrar's terms;
• all claims relating to the domain name.

(2) Connecting a domain requires the verification and DNS settings described in the Documentation. ScootKit may check them regularly. ScootKit may release domains that have not been verified, or whose settings are no longer correct, and disconnect them without notice.

(3) ScootKit may obtain and renew TLS certificates for Custom Domains automatically on the Customer's behalf. The Customer authorises ScootKit to do so. ScootKit is not liable for interruptions caused by DNS settings, registrars, certificate authorities or other third parties.

(4) Content under a Custom Domain is Site Content, and these Sites Terms apply to it in full. In particular, § 15 (platform elements) and §§ 16 and 17 (moderation and measures) also apply under Custom Domains. A restriction of a Site applies to all its addresses and domains.

(5) ScootKit may refuse or disconnect Custom Domains if they:

• infringe third-party rights;
• are misleading within the meaning of § 6(2) no. 2;
• have been used for abuse;
• appear on recognised blocklists.

§ 14 Domain services

(1) This § 14 applies where ScootKit offers to register, renew, transfer or manage domains, or similar services ("Domain Services"). ScootKit does not register domains itself. It arranges them through accredited registrars or resellers ("Registrar"). The Registrar is named in the order process.

(2) A Domain Services contract is concluded between the Customer and the Registrar, or between the Customer and ScootKit acting on the Registrar's behalf, as stated in the order process. In addition to these Sites Terms, the following apply:

• the terms of the Registrar;
• the rules of the registry responsible for the domain extension (for example DENIC for .de);
• for generic domain extensions, the rules of ICANN, including the dispute resolution procedures (UDRP).

(3) The Customer is registered as the domain holder, unless something else is expressly agreed. The Customer must:

• provide accurate, complete and up-to-date holder and contact data;
• keep this data up to date;
• answer verification requests within the deadlines set.

The Customer agrees to this data being passed to the Registrar and the registry, and, to the extent required, published or disclosed to authorised parties, for example under Art. 28 of the NIS 2 Directive.

(4) ScootKit has no influence on whether a requested domain is actually allocated. The Customer must check before ordering that the domain does not infringe third-party rights.

(5) Domains renew automatically for the term shown, unless cancelled in good time. If a renewal fee is not paid, ScootKit or the Registrar may let the domain lapse, put it on hold or delete it. ScootKit is not liable for the resulting loss of a domain. Prices are stated in the order process.

(6) The Customer may transfer its domains to another provider, subject to the Registrar's rules and payment of all outstanding fees. ScootKit will provide the authorisation code within 5 working days of the request.

(7) ScootKit or the Registrar may restrict, block or delete domains if:

• the registry, a court or an authority orders it;
• the holder data is incorrect;
• the domain is used for abuse, for example phishing or malware;
• the domain obviously infringes third-party rights.

(8) For consumers, the right of withdrawal for paid Domain Services may expire early once the domain has been registered, if the consumer has expressly agreed to this, as far as the law allows (§ 356(4) BGB). Details are given in the order process.

§ 15 Platform elements and branding

(1) ScootKit may display platform elements on every page of every Site, on every plan and under every address and domain. This includes in particular a "Report this page" link to a page operated by ScootKit with:

• the reporting form;
• ScootKit's points of contact under Art. 11 and 12 DSA;
• ScootKit's legal notice and privacy policy.

The Customer must not remove, hide, cover, change or make these elements hard to find, or try to do so, whether by design, Custom Code or any other means.

(2) Depending on the plan, Sites may also show SCNX branding, such as a logo or a note that the Site runs on SCNX. Which plans allow the branding to be hidden is set out in the plan overview. Hiding the branding never removes the elements under paragraph (1).

(3) ScootKit decides where platform elements are placed, how they look and what they say. It will keep them unobtrusive.

(4) ScootKit may add technical markers to Sites, for example a generator meta tag, security headers, or notices required by law or by the DSA.

§ 16 Moderation and reports

(1) Content moderation. To protect Visitors, third parties and the Platform, ScootKit may check Site Content, both automatically (including with automated tools and AI-supported classification) and manually. Checks can take place:

• when content is saved, published or changed;
• regularly afterwards;
• in response to a report.

ScootKit may refuse to save or publish content flagged by these checks. Where possible, ScootKit tells the Customer the reason, and the Customer can ask for a human review. The functioning of the checks is described in the Documentation, in accordance with Art. 14 DSA.

(2) No duty to monitor. ScootKit is not obliged to monitor Site Content generally or to actively look for unlawful activity (Art. 8 DSA). Checks are a safety measure only. They do not confirm that Site Content is lawful, and the Customer remains responsible for it (§ 4).

(3) Reports. Anyone can report Sites through "Report this page", by e-mail to abuse@scnx.xyz, or by the other channels in ToS § 23(3). Reports are handled in accordance with ToS § 23. ScootKit may sort reports into categories, prioritise them, and answer them with standard responses. The Customer's details are passed to reporters only where ScootKit is legally obliged to do so.

(4) Duty to cooperate. The Customer must answer ScootKit's questions about reported Site Content promptly, normally within 7 days, and in urgent cases within 24 hours. If the Customer does not answer in time, ScootKit may decide based on the information it has.

§ 17 Measures

(1) ScootKit may take measures if:

• there are specific indications that Site Content or a Site breaches these Sites Terms, the ToS or the law;
• an authority or court orders it;
• a Site endangers the security, stability or reputation of the Platform. This includes in particular addresses or domains appearing on blocklists, or abuse complaints from hosting providers, registrars or browser vendors.

(2) Possible measures, in particular:

1. removing, blocking or restricting the visibility of individual Site Content;
2. unpublishing individual pages or the whole Site;
3. adding warning notices or interstitial pages;
4. disconnecting Custom Domains, or withdrawing or blocking Platform Addresses;
5. restricting or disabling functions, such as Custom Code, Interactive Functions, Authorised Agents or publishing;
6. blocking access for individual members of the Site Team;
7. measures under ToS §§ 28 and 29, up to terminating the contract.

(3) ScootKit chooses a measure that is proportionate in the individual case, taking the Customer's legitimate interests into account. As a rule, ScootKit tells the Customer before taking a measure and gives it a chance to fix the issue. ScootKit may act immediately and without notice in the following cases:

• phishing, malware or fraud;
• content that endangers people or children;
• orders from authorities;
• serious or repeated breaches;
• imminent harm to the Platform.

(4) ScootKit tells the Site Team about measures with a statement of reasons (Art. 17 DSA), unless this is prohibited by law or would put an investigation at risk. The Customer can ask for reconsideration under ToS § 23(6).

(5) ScootKit may keep content affected by a measure, and related data, for as long as needed to preserve evidence, defend against claims, or comply with legal obligations. This includes in particular reporting to the authorities under Art. 18 DSA.

(6) A measure under this § 17 does not release the Customer from its payment obligations, unless the measure was unjustified.

§ 18 Security, fair use, availability and backups

(1) Fair use. Sites is designed for the web presence of communities. Resources such as storage, bandwidth, requests and computing time are provided within the limits set out in the Documentation, or otherwise to the usual extent for comparable Sites. If a Site regularly and significantly exceeds these, for example because of unusually high traffic, automated requests or use outside the intended purpose, ScootKit may:

• limit the Site's resources;
• temporarily restrict access to it;
• offer the Customer a suitable plan.

Where possible, ScootKit will tell the Customer first.

(2) Protective measures. ScootKit may use measures that protect Sites against attacks and abuse, such as caching, content delivery networks, firewalls, DDoS protection, rate limits, bot checks and security headers. These may occasionally affect individual Visitors.

(3) Availability. ScootKit aims for high availability but owes no particular availability unless the plan expressly guarantees it. Free plans and beta functions have no guaranteed availability. Maintenance is carried out, where possible, at times of low use. Interruptions caused by third parties or by force majeure do not count as defects.

(4) Backups. ScootKit backs up Sites for its own operational purposes. This does not create a right for the Customer to have particular versions restored. Where Sites offers version histories or restoration, they are as described in the Documentation. The Customer is responsible for keeping its own copies of important content, such as texts, images and form exports.

(5) Security incidents. The Customer must tell ScootKit without undue delay if it becomes aware of unauthorised access to its Sites, or of security vulnerabilities. ScootKit may temporarily take affected Sites offline to protect Visitors.

(6) Responsible disclosure. Security researchers may report vulnerabilities to ScootKit. Testing other Customers' Sites, or tests that impair availability, are not permitted.

§ 19 AI functions

(1) Where ScootKit offers AI-supported functions in Sites ("AI Functions"), the rules on AI functions in the ToS also apply. Examples include generating or rewriting text, images or layouts, translations, suggestions and automatic summaries. In particular, the Customer is the deployer and ScootKit is the provider within the meaning of the AI Act (ToS § 22(2)).

(2) Results of AI Functions can be wrong, incomplete, unsuitable, or infringe third-party rights. The Customer must review results before publishing them. Once the Customer publishes them, they are Site Content for which the Customer is responsible (§ 4).

(3) Where the law requires it, the Customer must label AI-generated or AI-manipulated content. This applies in particular to deepfakes, and to texts published to inform the public on matters of public interest (Art. 50(4) AI Act).

(4) The Customer must not use AI Functions to create content that breaches § 6, or to get around ScootKit's moderation.

(5) ScootKit does not use Site Content or form answers to train AI models, unless the Customer has expressly agreed (ToS § 11(7)). Where AI Functions use third-party AI providers, they are listed in the sub-processor list.

(6) Usage limits for AI Functions are as described in the Documentation or the plan overview.

§ 20 Licences, feedback, references

(1) Licence for operating Sites. In addition to ToS § 24, the Customer grants ScootKit a non-exclusive, worldwide, royalty-free right, for the term of the contract, to use Site Content to the extent necessary to provide, secure, moderate and improve Sites technically. This includes storing, reproducing, technically adapting (for example converting formats or resizing images), caching, distributing through content delivery networks, and making the content publicly available to anyone on the internet. ScootKit may sublicense these rights to sub-processors and service providers only for these purposes.

(2) Customer's warranty. The Customer warrants that it holds all rights needed for Site Content and for granting this license, including the rights of the persons shown. This applies in particular to images, logos, fonts, music, videos and texts.

(3) End of the license. The license ends when the Site Content or the Site is deleted. Exceptions:

• technically necessary copies in backups, until they are overwritten in the normal cycle;
• content ScootKit must keep under § 17(5) or by law;
• caches and archives of third parties, such as search engines and web archives, which are beyond ScootKit's control.

(4) Templates and ScootKit content. Templates, themes, icons, images and other content that ScootKit provides remain ScootKit's or its licensors' property. The Customer may use them only within Sites, and only for as long as it uses Sites. They must not be extracted or used outside Sites.

(5) Feedback. ScootKit may use suggestions and feedback about Sites without restriction and without payment.

(6) References. ScootKit may name or show a Site as a reference or example, for example in a showcase, only with the Customer's consent. The Customer can withdraw its consent at any time. ToS § 24 remains unaffected.

§ 21 Indemnification

(1) The Customer indemnifies ScootKit against all third-party claims, including claims by authorities, that arise from Site Content, from the Customer's use of Sites, or from the Customer's breach of these Sites Terms. This applies in particular to:

• infringements of copyright, trademark, personality or competition law;
• breaches of data protection law in the Customer's area of responsibility;
• missing or incorrect legal information;
• actions of its Site Team and its Authorised Agents (§ 5);
• Custom Code (§ 7) and Domain Services (§ 14).

(2) The indemnification includes the reasonable costs of legal defence, including court and lawyer's fees at the statutory rate.

(3) ToS § 32 applies to the procedure. Consumers have to indemnify ScootKit only for intentional or grossly negligent breaches (ToS § 32(3)).

§ 22 Liability

(1) ScootKit's liability is governed by ToS § 31, including the further limitation for beta functions (ToS § 15(3)).

(2) Within the limits of ToS § 31, ScootKit is not liable in particular for:

1. Site Content, and the legality of the Customer's Sites;
2. damage caused by the actions of the Site Team, Authorised Agents or Custom Code;
3. damage caused by Third-Party Services, registrars, registries, certificate authorities or DNS providers;
4. loss of Platform Addresses or domains under §§ 12 to 14, as long as ScootKit acted in line with these Sites Terms;
5. search engine rankings, reach, or loss of Visitors;
6. damage caused by justified measures under § 17.

(3) For free plans, ScootKit is liable only for intent and gross negligence. This does not apply to injury to life, body or health, or where liability is mandatory by law.

(4) The limitations in this § 22 do not apply where ToS § 31(2) or (5) prescribe unlimited liability.

§ 23 Term, termination, export and deletion

(1) The Customer can unpublish or delete individual Sites at any time. Using Sites does not require a separate contract term. Paid Sites functions follow the term of the plan booked. Sites ends automatically when the contract for the Platform ends (ToS § 29).

(2) ScootKit may stop offering Sites as a whole, or individual plans, by giving at least 3 months' notice in text form. Fees already paid for periods after the end are refunded proportionately. Domain Services already booked continue in accordance with § 14 until the end of their term, or are transferred to the Customer.

(3) Before a Site is deleted, the Customer can export Site Content and form answers, to the extent the Documentation provides. There is no right to a particular export format. After a Site is deleted, its Platform Addresses are released, and Custom Domains are disconnected.

(4) When a Site is deleted or the contract ends, Site Content and form answers are deleted or anonymised in accordance with the DPA and ToS § 29(2), subject to § 17(5) and § 20(3). ScootKit may delete Sites that have been inactive for a long time in accordance with ToS § 29(4).

(5) The following survive the end of the contract: § 17(5), §§ 20(3), 21 and 22, and any provisions that by their nature are meant to continue.

§ 24 Changes and final provisions

(1) ScootKit may change these Sites Terms in accordance with ToS § 34. Changes to the Documentation, the plan overview and the sub-processor list are not changes to these Sites Terms. Where the sub-processor list changes, the DPA applies.

(2) If individual provisions of these Sites Terms are or become invalid, the remaining provisions stay valid. In place of the invalid provision, the statutory rules apply (§ 306 BGB).

(3) Otherwise, ToS § 35 applies (governing law, place of jurisdiction, consumer arbitration, language). The German version of these Sites Terms is binding. Translations are for information only.

(4) These Sites Terms take effect on the date they are published, shown as "As of" at the top of this document.