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§ 1: Validity, Scope
The services provided by Hurra™ are directed exclusively at businesses. These services are governed solely by the following Terms and Conditions in the version valid at the time of ordering. The Terms and Conditions also apply to future transactions with the customer.
Changes to the conditions in continuing obligations will be communicated to the customer in writing, each with identification of the amended provisions, and shall be deemed agreed if the customer continues the continuing obligation without objecting within a reasonable period.
§ 2: Conclusion of the Contract
The offers of Hurra™ are non-binding.
If Hurra™ submits an “offer” to the customer using a form, this constitutes a binding offer—even without signature—to conclude a service contract, unless another type of contract is expressly stated. The customer declares acceptance by returning the signed form. In all other cases, the customer’s written or telephone order constitutes a binding offer to conclude a service contract for the ordered services. A contract is concluded when Hurra™ sends the customer an order confirmation in written or text form after reviewing the customer’s information, or when Hurra™ executes the order by creating and publishing the ordered content online. Hurra™ may accept telephone offers by telephone.
To simplify additional and amended orders, Hurra™ may also send the customer a form for a standard order. This allows the customer to communicate desired changes to Hurra™ by email during the current month. The communication must be sent to the customer’s personal contact at Hurra™ by email, with a CC to receivables@hurra.com. The change becomes valid once the customer has received confirmation from Hurra™ in written or text form. Otherwise, the originally concluded agreement remains in force.
Telephone additional orders require confirmation by Hurra™ in written or text form or by telephone declaration.
§ 3: Tool Integration
The customer integrates the tool provided by Hurra™ in accordance with the usage instructions of Hurra™.
§ 4: Support Services
For the use of Ads Defender, individual support from Hurra™ may be required (“Support Services”). These support services are compensated by a monthly flat fee of EUR 99.00. Certain services are included in the support flat fee, while others are charged separately. The following outlines which support services are included in the flat fee and which are not.
1. The following are included in the support flat fee:
Self-service and automated support: Use of automated support systems (e.g., chat bots or knowledge databases), with the possibility that the system forwards the support case to a human support agent if needed.
Support for tasks that cannot be performed independently: Support for activities the customer cannot carry out independently through the tool interface, such as setting up manual tracking templates, switching tracking methods, or exporting already measured data in a broader context.
Follow-up meetings: Regular follow-up meetings for support, whose frequency is defined in the contract. Unless otherwise agreed, the customer is entitled to one follow-up meeting per quarter. This is to be booked via the follow-up link provided to the customer during onboarding.
Check-up call and support during onboarding: Hurra™ offers the customer, in addition to comprehensive onboarding documentation, a personal check-up call to verify whether the individual setup contains errors or is incomplete. If there are still unresolved issues after this check-up call, Hurra™ offers an additional check-up call to verify correction of the open items. Hurra™ also offers another demo/introduction to the tool before the activation of the protection features (which mark the completion of onboarding), if additional persons or third-party providers are involved in the onboarding or if new questions arise.
General questions regarding the tool or the customer’s own data: Answering general questions (personally by email or chat system, or automatically via chat system and FAQ) about using the tool, provided these remain within a reasonable scope.
2. The following are not included in the support flat fee:
Follow-up meetings beyond the contractual frequency: Follow-up meetings exceeding the contractual frequency are billed at an hourly rate of EUR 120. A maximum of one follow-up meeting per month may be scheduled.
Check-up calls beyond the regulated number: If additional check-up calls are required after the second check-up call because the customer has not resolved the open issues, further check-up calls are billed at a flat rate of EUR 50 per call.
3. The following support services are generally not provided:
Personal support beyond a reasonable scope: This includes personal meetings beyond a reasonable frequency (e.g., weekly calls), support outside reasonable or legal boundaries, support in communication with advertising partners (e.g., Google, Microsoft, Meta), performing actions the customer can execute independently in the interface (e.g., activating or deactivating protection methods, generating tracking tags, connecting ad accounts).
Legal advice or legal assessment
Legal support in cases arising from insights provided by the tool
Communication with third parties beyond the defined services
§ 5: Price Adjustments
For continuing obligations lasting longer than 6 weeks, we are entitled to increase the prices payable under the contract if:
- the provision of deliveries/services under this contract becomes subject to increased and/or additional official taxes, charges, or other levies;
- energy, heating, and fuel costs increase significantly;
- refinancing rates or other refinancing costs increase, provided the customer has been informed that service performance depends on refinancing;
- wage costs or statutory ancillary wage costs increase significantly;
- technical infrastructure must be modified due to legal requirements, resulting in unforeseeable costs at the time of contract conclusion; or
- other relevant costs for price calculation increase due to unforeseeable circumstances not caused or influenced by us.
The adjustment must be reasonable and only to the extent necessary to offset the change, considering any savings, and must not be caused by our own fault. The adjustment must be announced in writing at least 4 weeks in advance, including the reason. Upon request, we will provide a comprehensible explanation of the adjustment amount.
§ 6: Payment Terms
Invoices from Hurra™ are due immediately and without deduction.
For bank transfers, timeliness is determined by availability to Hurra™.
Hurra™ is entitled to offset payments against the oldest due invoice, even if the customer has issued a conflicting allocation instruction.
If no ad accounts are connected as a basis for calculation at the noted billing start, or if no data flows into Ads Defender, the contractually agreed minimum fee will be charged.
In the event of contract termination or interruption, Hurra™ will specify a date from which the ad accounts may be disconnected from Ads Defender to enable final calculation of the tool fee. If ad accounts are disconnected prematurely, the minimum fee until the end of the contract term will be based on the average budget of the connected ad accounts during the last three months prior to disconnection.
§ 7: Termination / Notice Periods
Termination periods are governed exclusively by the terms set out in the contract.
The agreement may be terminated without notice for good cause. Important reasons for Hurra™ include:
- the customer's default of payment, in whole or in part, for more than 30 days;
- the customer violates the terms of usage rights;
- the customer files for insolvency, preliminary insolvency measures are ordered, insolvency proceedings are opened, or their opening is rejected due to insufficient assets.
§ 8: Rights of Set-Off and Retention, Assignment, Partial Performance
The customer may only set off uncontested or legally established claims. Rights of retention may only be exercised on the basis of uncontested or legally established claims from the same legal relationship.
Assignment of claims against Hurra™ is excluded unless § 354a HGB applies.
Partial deliveries and partial performance, including corresponding billing, are permissible if reasonable for the customer.
§ 9: Confidentiality
Both parties are obliged to keep confidential all business and trade secrets of the other party and all non-public information obtained during contract execution.
§ 10: Warranty Claims
If the performance by Hurra™ is defective, Hurra™ is entitled to remedy the defect. Multiple attempts at rectification are permissible. If rectification fails or is refused, the customer may assert statutory claims.
The customer alone is responsible for content on their website and for content and designs provided by the customer. Unlawful content may not be made accessible by the customer. The same applies to content that results in access restrictions, especially under youth protection laws.
Services by Hurra™ do not include—unless expressly agreed—any legal review or legal advice (e.g., trademark, copyright, data protection, or competition law), nor fulfillment of the customer's statutory information obligations (e.g., legal notice, privacy policy, consumer information for distance contracts, link duties, user content duties, media law requirements).
If Hurra™ provides the customer with legal documents or information (e.g., privacy notices or legal assessments), this does not constitute legal advice. If the customer requires an individual review or confirmation of documents, Hurra™ recommends seeking legal counsel. Hurra™ may require customer approval for measures whose legality is in doubt and may suspend implementation until such approval is provided.
§ 11: Limitation of Liability: Claims for Damages
Limitation of liability in principle
The customer is entitled to claims for damages or reimbursement of futile expenses only for:
- damages arising from injury to life, limb, or health caused by at least negligent breach of duty,
- other damages caused by at least grossly negligent breach of duty or at least negligent breach of essential contractual obligations (cardinal obligations),
- damages falling within the scope of a guarantee issued by Hurra™ (§ 276(1) BGB) or a quality or durability guarantee (§ 443 BGB).
Limitation of liability in amount
Hurra™’s liability for simple negligence or gross negligence by vicarious agents who are neither legal representatives nor senior employees is limited to the typical damage foreseeable at contract conclusion; for futile expenses, liability is limited to the level of the performance interest.
Liability arising from pre-contractual obligations and business contacts
The above provisions also apply to claims arising from obligations created during contractual negotiations, initiation of a contract, or similar business contacts. If a contract is concluded, the customer waives all claims exceeding the liability outlined here.
Tort claims
This section also applies to tort claims by the customer.
Claims from assigned rights
All claims from assigned rights are excluded.
Third-party beneficiary liability limitation
Where liability is excluded or limited, this also applies to personal liability of Hurra™, its employees, representatives, and vicarious agents.
§ 12: Limitation Period
The limitation period for warranty claims not excluded by these conditions is governed by the following:
The statutory limitation period applies to damage claims due to defects and tort claims. All other customer claims due to defects—especially for supplementary performance, reimbursement for self-remedy expenses, rescission, reduction, and futile expenses—expire within one year.
Claims for issuance of statements, disclosure of underlying transactions with media companies and advertising measures, and claims for reimbursement or repayment of customer services are excluded if not asserted within one year after the end of the respective billing month. This takes into account the complexity and volume of business transactions, the interest in early clarification of disputes, and the difficulties of investigation and evidence after extended periods.
Suspension of limitation due to negotiations occurs only if Hurra™ has agreed to negotiations in writing. The suspension ends three months after the last written statement by Hurra™.
§ 13: Applicable Law, Jurisdiction
The law of the Federal Republic of Germany applies. For all disputes arising from the contract, the court with jurisdiction over the registered office of Hurra™ has exclusive jurisdiction in dealings with merchants.
§ 14: Severability Clause
Should any provision in these Terms and Conditions or any provision within other agreements be invalid, the validity of all other provisions remains unaffected. The parties are obligated to replace the invalid provisions with valid ones that most closely reflect the intended meaning.
Version 1.3 last updated November 1st 2024
