§ 1 Scope, contracting parties
(1) These General Terms and Conditions (T&C) apply to all contracts between fewofy | Nolte Nußbaum Digital GbR, Panoramastr. 82, 73207 Plochingen, Germany (hereinafter "fewofy") and its clients (hereinafter "Client") regarding the services offered by fewofy.
(2) Our services are intended exclusively for entrepreneurs within the meaning of § 14 BGB. Consumers within the meaning of § 13 BGB are not contracting parties.
(3) Deviating terms of the Client only apply if fewofy expressly agrees in writing.
§ 2 Conclusion of contract
(1) Service descriptions on the website, in pitches or in quotations are non-binding and do not constitute a binding offer.
(2) A contract is concluded by our written or email order confirmation, or by actual provision of services.
(3) The order or order confirmation defines the scope of services in a binding manner.
§ 3 Scope of services
(1) The exact scope of services is determined by the individual order confirmation. fewofy offers in particular:
- Websites — setup of Smoobu websites, Wix Studio templates and custom websites (Next.js).
- Voice agents — setup, knowledge base and operation of AI phone assistants.
- AI image editing — automated optimisation of property photos.
- AI copywriting — creation and maintenance of property descriptions, website copy and guest emails.
(2) fewofy may engage subcontractors (e.g. partner agency Einblick Digital for Wix Studio setups). No notice to the Client is required.
(3) Insignificant changes to the agreed service that are reasonable for the Client remain reserved — e.g. technical adjustments, platform updates, security fixes.
§ 4 Client cooperation duties
(1) The Client provides fewofy with all information, content and access required for execution in good time — in particular: texts, images, logos, brand guidelines, domain access, Smoobu/Wix account permissions.
(2) The Client warrants that it holds the rights necessary for the content provided (in particular copyrights, personality rights). It indemnifies fewofy against third-party claims arising from unlawfully provided content.
(3) Delays caused by missing cooperation are not at fewofy's expense. Agreed deadlines shift accordingly.
§ 5 Fees and payment terms
(1) The fees are stipulated in the order confirmation. All prices are net of statutory VAT.
(2) Setup fees are invoiced upon order placement and are due before work begins (a 50 % advance payment is possible, the remainder upon acceptance).
(3) Monthly fees are due in advance on the 1st of each month and paid by SEPA direct debit or bank transfer.
(4) In case of default, we charge default interest at the statutory rate plus a reminder fee of 5.00 € per reminder.
(5) Third-party costs (e.g. Wix plan, Smoobu subscription, domain registration, telephony platform, AI API usage) are not included in our flat fees unless expressly agreed otherwise.
§ 6 Delivery and provisioning periods
(1) Agreed deadlines are non-binding unless expressly designated as binding. We aim, however, for go-live within the communicated timeframe.
(2) Force majeure (strikes, platform outages, official orders) entitles fewofy to postpone by a reasonable period.
§ 7 Usage and exploitation rights
(1) Upon full payment of the agreed fee, fewofy grants the Client a simple, time-unlimited and territorially unrestricted right to use the individual work results created on assignment — limited to the agreed purpose.
(2) fewofy retains all rights to reusable tools, code building blocks, templates and methods. These may continue to be used in other projects.
(3) For Wix templates, the Client receives a non-transferable right of use for exactly one project (according to the booked tier). Sublicensing or resale of the template is excluded.
(4) fewofy may name the service provided for its own reference and marketing purposes (website, portfolio, social media, pitches), unless the Client expressly objects.
§ 8 Acceptance and defects
(1) Work results shall be reviewed by the Client without delay upon provision. Acceptance is deemed granted at the latest 14 days after provision unless the Client expressly raises defects in writing or uses the result productively.
(2) In the event of defects, the Client is entitled to remedy. If two reasonable attempts at remedy fail, the Client may reduce the fee or rescind the contract.
(3) The warranty period is 12 months from acceptance. It does not restart when work results are modified during a remedy.
§ 9 Liability
(1) fewofy is liable without limitation for intent and gross negligence as well as for damage from injury to life, body or health.
(2) For damage caused by slight negligence, fewofy is only liable in the case of breach of essential contractual obligations (so-called cardinal duties). Liability is then limited in amount to the typical, foreseeable damage.
(3) Further liability — in particular for lost profits, missed bookings, indirect or consequential damage — is excluded to the extent permitted by law.
(4) fewofy is liable for data loss only to the extent that damage would also have occurred had the Client performed proper, regular and complete data backups.
(5) These liability limitations also apply to subcontractors, vicarious agents and legal representatives of fewofy.
§ 10 Confidentiality
(1) Both contracting parties treat all confidential information becoming known to them in the course of cooperation as confidential and use it only for the purpose of contract performance.
(2) The confidentiality obligation continues for three years after termination of the contract.
§ 11 Data protection and processing
(1) Insofar as fewofy processes personal data on behalf of the Client (in particular for voice agent and booking data), the parties enter into a Data Processing Agreement (DPA) per Art. 28 GDPR before processing begins.
(2) The Client remains controller for the data of its guests. fewofy acts as data processor only.
(3) Otherwise we refer to our privacy policy.
§ 12 Term, termination
(1) Setup orders end with acceptance of the deliverable. Earlier termination is only possible for cause; services already provided shall be remunerated pro rata.
(2) Monthly fees (e.g. website maintenance, voice agent operation) run indefinitely and may be terminated with a notice period of 30 days to the end of a month — unless a deviating minimum term is agreed in the order confirmation.
(3) The right to extraordinary termination for cause remains unaffected for both parties.
(4) Terminations require text form (email is sufficient).
§ 13 Final provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with contracts to which these T&C apply is Plochingen — provided the Client is a merchant, legal entity under public law or special fund under public law.
(3) Should a provision of these T&C be or become wholly or partially invalid, the validity of the remaining provisions is not affected. The invalid provision shall be deemed replaced by an effective provision that comes closest to the economic purpose of the invalid provision.
These T&C have been prepared with care; they do not replace individual legal review. Last updated: May 2026.