§ 1 Scope, provider
(1) These Terms of Service apply to all contracts for the use of the online service “Now2Wallet” between
Odenwald IT Service UG (haftungsbeschränkt)
Schefflenzer Str. 3, 74743 Seckach, Germany
Managing Director: Christine Lehner
Mannheim Local Court, HRB 752480 · VAT ID DE400101287
Email: info@now2wallet.com
(the “Provider”, “we”) and the respective customer (“Customer”, “you”).
(2) The offering is aimed primarily at businesses within the meaning of § 14 of the German Civil Code (BGB). If a consumer (§ 13 BGB) concludes a contract, the additional provisions for consumers apply (in particular the right of withdrawal).
(3) Deviating terms of the Customer do not become part of the contract unless we expressly agree to them in writing.
§ 2 Subject matter and description of services
(1) Now2Wallet is a software-as-a-service that creates signed Apple Wallet and Google Wallet passes from the ticket data transmitted by the Customer’s shop (in particular WooCommerce/FooEvents) and provides them as “Add to Wallet” links.
(2) The scope of functions, the monthly pass quotas and the prices of the selected plan result from the service and pricing overview on now2wallet.com or in the customer account at the time of the order.
(3) The Provider supplies a WordPress plugin and optionally a ticket theme for download. The connection is established via an account-specific API key.
(4) The Provider continuously develops the service further. Changes that do not materially restrict the contractually owed scope of services (e.g. feature additions, technical adjustments to Apple/Google requirements) are permitted.
§ 3 Conclusion of contract
(1) The presentation of the plans does not constitute a binding offer but an invitation to submit an offer.
(2) By clicking the button “Order with obligation to pay” in the order process, the Customer submits a binding offer to conclude a subscription. Immediately before submitting the order, the essential characteristics of the plan, the total price and the term and cancellation conditions are displayed.
(3) The contract is concluded upon confirmation of the subscription by the Provider, at the latest upon activation of the plan after successful payment authorization via the payment service provider.
(4) The contract text (these terms and the order data) is stored by the Provider and made available to the Customer by email and in the customer account.
§ 4 Free trial
(1) The Provider may offer a free trial with a limited pass quota (currently 14 days / 100 passes). During the trial, issued passes carry the note “Powered by Now2Wallet”.
(2) The trial does not automatically convert into a paid subscription. A paid contract is only concluded through an express order pursuant to § 3.
§ 5 Prices and payment terms
(1) All prices stated on the website and in the plan overview are net prices plus statutory VAT. The total price (gross) is shown before the order is submitted.
(2) Billing is in advance for the selected billing period (monthly or yearly) via the payment service provider PayPal as a recurring payment (PayPal subscription). By placing the order, the Customer authorizes PayPal to collect the amounts due.
(3) For annual billing, the stated annual price applies (currently with a price advantage of two months compared to monthly billing).
(4) If a due payment fails, the Provider is entitled to suspend access temporarily after unsuccessful payment retries. Statutory default provisions remain unaffected.
(5) Invoices are issued electronically and provided in the customer account and by email.
§ 6 Term and cancellation
(1) The subscription runs for an indefinite period and can be cancelled by the Customer at any time, effective at the end of the respective paid billing period (month or year). Cancellation is possible at any time in the customer account.
(2) Upon cancellation, access remains active until the end of the period already paid for; there is no pro-rata refund of fees already paid unless required by law.
(3) The right to extraordinary termination for good cause remains unaffected for both parties.
§ 7 Availability and quotas
(1) The Provider endeavours to ensure high availability but does not owe uninterrupted availability. Maintenance, force majeure and disruptions at Apple, Google or the payment service provider beyond the Provider’s control are excluded.
(2) The monthly pass quota included in the plan is provided per billing month. Unused quota expires at the end of the month and is not carried over.
§ 8 Customer obligations
(1) The Customer keeps access data and API keys confidential and protects them from third-party access, and is responsible for all activities carried out via the account.
(2) The Customer ensures that it is entitled to process the ticket and participant data it transmits and complies with data protection requirements (see Privacy and DPA).
(3) The Customer does not use the service abusively.
§ 9 Rights of use
The Provider grants the Customer, for the term of the contract, a simple, non-transferable right to use the service, plugin and theme for its own business operations.
§ 10 Right of withdrawal for consumers
Consumers have a statutory right of withdrawal. Details are set out in the withdrawal policy. Businesses have no right of withdrawal.
§ 11 Warranty and liability
(1) The Provider is liable without limitation for intent and gross negligence and for injury to life, body or health.
(2) In the case of slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
(3) Liability under the German Product Liability Act remains unaffected.
§ 12 Data protection and processing
Information on the processing of personal data can be found in our Privacy Policy. Where the Provider processes personal data of ticket holders on behalf of the Customer, the Data Processing Agreement (DPA) under GDPR Art. 28 applies in addition.
§ 13 Changes to these terms
The Provider may amend these terms with effect for the future for good cause (e.g. legal changes, adaptation to new features). Changes are communicated in text form at least 30 days before they take effect. If the Customer does not object within 30 days, the changes are deemed accepted; this consequence will be pointed out separately. Otherwise both parties have a special right of termination.
§ 14 Final provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the consumer’s country of habitual residence remain unaffected.
(2) If the Customer is a merchant, place of jurisdiction is the Provider’s registered office.
(3) Should any provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected.