1. Basic Provisions

1.1. The following General Terms and Conditions of Use (hereinafter also referred to as "GTC") apply to the use of the software PPC Rocket, operated under the domain https://www.ppcrocket.com (hereinafter referred to as "ppcrocket.com"), by PPC Rocket GmbH (hereinafter referred to as "Provider") by registered users (hereinafter referred to as "User").

1.2. Deviating, additional or conflicting terms and conditions of the users will not be accepted by the provider and will not become part of the contract. This does not apply if the provider has expressly agreed to the inclusion of the user's terms and conditions.

2. Entrepreneurial Character

2.1. A consumer in terms of the following regulations is any natural person who concludes a legal transaction for purposes that predominantly can neither be attributed to their commercial nor their independent professional activity, according to § 12 BGB (German Civil Code). An entrepreneur according to § 13 BGB is any natural or legal person or a legal partnership, acting in the course of a legal transaction in the exercise of their independent professional or commercial activity.

2.2. The provider's service is exclusively aimed at entrepreneurs within the meaning of § 13 BGB, who order and use the services in the context of their independent professional or commercial activity.

2.3. The provider reserves the right to demand proof of the user's entrepreneurial character before accepting the user's contractual offer.

2.4. The provider reserves the right to regularly check the user's entrepreneurial character even after the conclusion of the contract.

3. Subject of the Contract

3.1. The provider makes available on the website ppcrocket.com a software (hereinafter also referred to as "Software"), which automatically, but according to the user's specifications, analyses and as far as possible optimises the user's advertising campaigns created by the services offered by Google Inc. via Google Ads.

3.2. For this purpose, PPC Rocket analyses various data stored in the user's Google Ads account in order to evaluate and enhance the effectiveness of the user's planned advertising campaigns based on algorithmic procedures.

3.3. The analyses carried out by PPC Rocket refer, among other things, to the URLs and websites (hereinafter referred to as "Website") specified by the user.

3.4. For information on prices, essential features, and details of the services offered, please refer to the provider's offer and/or the additional information on ppcrocket.com.

4. Conclusion of the Use Agreement, Setting up a User Account

4.1. The use of PPC Rocket requires the creation of a user account.

4.2. Registration or creation of a user account is only possible with the conclusion of a usage agreement.

4.3. Upon conclusion of a contract, the user has the opportunity to use PPC Rocket free of charge during a test phase. The duration of this test phase can be found on the website. After the test phase has ended, the access is automatically deleted and reset to the free usage option.

4.4. The offer of the provider to establish a usage contract is exclusively aimed at entrepreneurs and is binding.

4.5. By clicking on the "Register now for free" button, a user can register and create a user account. For this, the user must enter his contact details such as first name, last name, and email address, and set a password after calling up the registration page. For review and control, the data already provided is displayed to the user. Additional data, such as the address data, must be entered for the payment process. Before submitting his contract declaration, the user has the possibility at any time to correct, delete his entries, or cancel the registration by closing the website or selecting the "back" function of the browser. By sending his data by confirming the "Register now for free" button, the user accepts the provider's contract offer to conclude the usage contract.

4.6. If the paid use is to be commissioned, a registered user can at any time, at the stated fees, commission the conclusion of a corresponding contract. For this, the registered user must enter additional data for the payment process after calling up the booking page. Before submitting his contract declaration, the user has the possibility at any time to correct, delete his entries, or cancel the booking by closing the website or selecting the "back" function of the browser. By sending his data by confirming the "book for a fee" button, the user accepts the provider's contract offer to conclude the paid usage contract.

4.7. The payment system Stripe is used. The user is redirected to the website of the payment system Stripe or other providers (Paypal etc.). If a redirect to the respective instant payment system takes place, the appropriate selection or entry of data must be made there.

4.8. Of course, there is also the possibility to contact the provider directly, by telephone, email or in another way, to request an individual offer. In this case, the contract is concluded after receiving the offer by explicit acceptance of the same. Unless and insofar as no deviating regulations are made within the offer, the regulations of these General Terms and Conditions of Use apply.

5. Provision of PPC Rocket and Storage Space for User Data

5.1. The provider makes PPC Rocket available for use in the current version in accordance with the following regulations.

5.2. The provider ensures that PPC Rocket always complies with the proven state of the art.

5.3. If and insofar as the provision of a new version or an update involves a change in functionalities of PPC Rocket, the supported workflows of the user and/or restrictions in the usability of data previously generated, the provider will notify the user of this at least two weeks before such a change becomes effective in text form (e.g. email). If the user does not object to the change in text form within a period of one week from receipt of the change notification, the change will become part of the contract. The provider will alert the user to the aforementioned deadline and the legal consequences of its expiry in the event of non-exercise of the right of objection with each announcement of changes. If the user objects to a announced change or if a significant functionality of PPC Rocket is eliminated by the change, the user has a right of termination according to clause 17.

5.4. The transfer point for PPC Rocket and the user data is the router exit of the data center used by the provider.

6. Requirements for Use

6.1. The use of the software requires an active Google account as well as a Google Ads account.

6.2. For the use of PPC Rocket, the Google Ads account and an ID token are required. Alternatively, a Google Ads user account of the provider can be added to the user's Ads account as a user with read or full access.

6.3. The use of PPC Rocket requires both a basic accessibility of the website operated by the user and a sufficient number of goods and/or services on this website. Without a sufficient number of goods and/or services on the website, the application of the algorithm-based evaluation is not possible, which means the provider is released from the obligation to perform until the necessary number of goods and/or services is reached.

6.4. For the use of PPC Rocket, a current version of Microsoft Google Chrome, Microsoft Edge, Mozilla Firefox, Apple Safari or Opera is required on the user side. To use all features of PPC Rocket, JavaScript must be enabled in the browser. Furthermore, access to the software requires at least a broadband connection.

6.5. For the use of PPC Rocket, the use of an analysis program (also referred to as "crawler") created by the provider is necessary. The user must ensure that the access of the crawler to the user's website is not technically excluded.

7. Duties and Responsibilities of the User

7.1. The user will fulfill all duties and obligations required for the processing of the contract. He will in particular:

7.2. Keep the usage and access permissions assigned to him or the users confidential, protect them from third-party access, and not pass them on to unauthorized users. These data must be protected by suitable and usual measures. The user will immediately notify the provider if there is suspicion that the access data and/or passwords may have become known to unauthorized persons;

7.3. Not retrieve or have retrieved unauthorized information or data, nor interfere or have interfered with programs operated by the provider, or invade or promote such invasion into the provider's data networks;

7.4. Obtain the necessary consent of the person concerned according to clause 12, insofar as he collects, processes or uses personal data when using PPC Rocket and no statutory permission applies;

7.5. If user data/raw data is transmitted with the help of PPC Rocket, the user is obliged to regularly secure this data in accordance with the significance of the data and create own backup copies to enable the reconstruction of the same in case of loss of data and information.

7.6. At the request of the provider, the user is obliged to inform the provider of the frequency at which the crawler used by the provider may access the user's website.

7.7. The user is obliged to inform the provider in advance of structural changes to the website to be analyzed by the software. The notification must be made at least 13 days before the site is converted.

7.8. The user is obliged to monitor PPC Rocket to a reasonable extent. This includes the monitoring of PPC Rocket and in particular the effects on the website, the Google Ads account and also the resulting financial burdens of the user. The user commits to monitor the provider's application at least once a working day, with Saturday being considered a working day.

8. Changes to Google Ads and Google Policies

8.1. The provider uses PPC Rocket to access preliminary services in the context of Google Ads. The services, technical capabilities and/or requirements offered by Google Ads are subject to regular changes. Therefore, the provider is free in individual cases and in particular with regard to individual modules of PPC Rocket to release itself from the obligation to perform. In case of non-performance due to changes in Google Ads, the provider will immediately inform the user about the unavailability and promptly refund any services already provided by the user.

8.2. In the creation of advertisements and execution of advertising campaigns via Google Ads, the user is bound by the "Ads Advertising Policies" of Google Inc., available at https://support.google.com/Adspolicy/answer/6008942?hl=de in the current version. The user is therefore responsible for compliance with the "Ads Advertising Policies".

9. Usage Rights and Performance by Third Parties

9.1. The user grants the provider a simple, non-exclusive and non-transferable right of use to the account data of the Google Ads account for the duration of the contract. The provider is entitled to access these data as part of processing and to transmit them to third parties (e.g., access and host providers). The provider may not reproduce the data, unless this reproduction is necessary for the provision of the service.

9.2. The provider is entitled to involve third parties in the provision of its service. This applies in particular to access and host providers and other services necessary for the provision of the service.

10. Other Services of the Provider

10.1. Additional services of the provider, especially trainings on PPC Rocket or individual programming services, can be agreed upon at any time in writing. Such additional services will be provided in exchange for reimbursement of the proven effort at the prices generally valid at the time of the order or at the agreed remuneration of the provider.

10.2. The provider provides the user with a user guide for the software, which is sent in text form (e.g., e-mail) and is available at ppcrocket.com at any time, from the beginning of the contract.

10.3. If an update of PPC Rocket is agreed and carried out according to clause 5, the user guide will be adjusted accordingly.

11. Usage Rights and Use of PPC Rocket as well as Rights of the Provider in Case of Exceeding the Usage Permissions

11.1. Usage Rights to PPC Rocket

11.1.1. The user receives a simple, non-sublicensable and non-transferable right of use for PPC Rocket, limited to the term of this contract, in accordance with the following regulations.

11.1.2. A physical transfer of PPC Rocket to the user does not take place. The user may only use PPC Rocket for his own business activities.

11.1.3. Rights that are not expressly granted to the user above are not available to the user. In particular, the user does not receive access or entry to the source code of the application. Furthermore, the user is not particularly entitled to use PPC Rocket beyond the agreed use or to have it used by third parties or to make it accessible to third parties. In particular, it is not permitted to duplicate PPC Rocket, to sell it or to leave it temporarily, especially not to rent or lend it.

11.2. Obligations of the User for Safe Use

11.2.1. The user takes the necessary precautions to prevent the use of PPC Rocket by unauthorized persons.

11.2.2. Users can publish their own content in or through PPC Rocket. They commit not to transmit any data whose content violates the rights of third parties (especially copyright, name rights, trademark rights) or existing laws.

11.2.3. The user is particularly liable for ensuring that PPC Rocket is not used for racist, discriminatory, pornographic, youth endangering, politically extreme or otherwise illegal or regulatory violating purposes or corresponding data, especially user data, are created and/or stored.

11.3. Violation of Clauses 11.1 and 11.2 by the User

11.3.1. If the user violates the provisions in clauses 11.1 and 11.2 for reasons attributable to him, the provider may block the user's access to PPC Rocket or the user data after prior notification to the user, if the violation can demonstrably be remedied thereby.

11.3.2. If the user unlawfully violates clause 11.2, the provider is entitled to delete the affected data or user data.

11.3.3. The provider is not liable for a violation of the rights of third parties by the user, as long as and to the extent that this violation results from an exceeding of the usage rights granted under this contract or from the violation of intellectual property rights, criminal laws or other legal provisions. In this case, the user will indemnify the provider from all claims of third parties upon first request. The indemnification requires that a settlement or an acknowledgment of third party claims only takes place with the prior written consent of the user.

11.4. If the user continues to or repeatedly violates the regulations of these General Terms of Use despite appropriate written warning by the provider, and he is responsible for this, the provider can terminate the contract extraordinarily without observing a notice period.

12. Prices, Payment, and Service Conditions

12.1. The prices shown on the website at the time of contract conclusion apply.

12.2. All prices or price information provided by the provider are always in Euros, even if a currency specification is not explicitly stated. The prices listed in the respective offers are net prices.

12.3. Fees and charges are due monthly. The billing can be processed via the payment method chosen at registration (Paypal, Credit Card, etc.) via the payment provider Stripe.

12.4. The provider is entitled to increase the agreed prices for the contractual services appropriately to compensate for personnel and other cost increases. The provider will notify the user of these price increases in writing or by email; the price increases do not apply for periods for which the user has already made payments. If the price increase is more than 5% of the previous price, the user is entitled to terminate the contract as a whole with a notice period of four weeks at the end of a calendar month; if he makes use of this right to terminate, the non-increased prices will be calculated until the termination takes effect. The provider will inform the user about this right to termination with each announcement.

13. Technical Availability of the Services and User Data

13.1. The provider makes PPC Rocket available with an availability of 98% in the monthly average.

13.2. Excluded from this are times serving the server maintenance by the provider and all downtime not attributable to the provider. The regular maintenance windows of the servers of ppcrocket.com and the software are every Sunday from 8:00 p.m. to midnight.

13.3. The provisions of Clause 16. of these General Terms of Use are not affected by this.

14. Non-Fulfillment of Main Performance Obligations

14.1. If the provider does not fully comply with the obligations agreed in clauses 5 and 9, the following provisions apply.

14.2. If the provider falls behind with the first operational provision of PPC Rocket, the user is entitled to withdraw from the contract if the provider does not meet a two-week grace period set by the user, i.e., does not provide the full agreed functionality of PPC Rocket within the grace period. The liability under § 536a BGB for initial defects is excluded.

14.3. If the provider does not meet the agreed obligations in whole or in part after the first operational provision concerning PPC Rocket and/or user data, the monthly usage flat rate is reduced proportionately for the time in which PPC Rocket and/or the user data were not available to the user in the agreed scope, or the storage space was not available in the agreed scope.

14.4. If the provider makes PPC Rocket available as part of a free trial phase, the provider is only responsible for intent and gross negligence. This does not affect the liability according to clause 15. of this contract.

15. Liability and Liability Limits

15.1. The provider is fully liable for damages resulting from injury to life, body, or health. Furthermore, the provider is liable without limitation in all cases of intent and gross negligence, if a defect is fraudulently concealed, if a guarantee is assumed, and in all other legally regulated cases.

15.2. If essential contractual obligations of the provider are affected, the provider's liability for slight negligence is limited to the contract-typical, foreseeable damage. Essential contractual obligations are obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the contractual purpose as well as obligations that the contract imposes on the provider according to its content to achieve the contractual purpose, the fulfillment of which makes the proper implementation of the contract possible in the first place and on whose compliance the user can regularly rely.

15.3. For the violation of insignificant contractual obligations, the liability of the provider is excluded in case of slightly negligent breaches of duty.

15.4. Liability under the Product Liability Act remains unaffected.

16. Contract Duration and Termination

16.1. The contract duration is based on the provider's offer selected by the user.

16.2. The agreed contract duration is automatically extended by the originally agreed duration if the contract is not terminated in writing (for example, email) with a notice period of one month to the end of the contract period.

16.3. The right to extraordinary termination is unaffected by this. If the party entitled to terminate the contract has knowledge of the circumstances justifying the extraordinary termination for more than 10 working days, they cannot base the termination on these circumstances.

16.4. If the user has a right of termination according to clause 5.3, they must announce the termination within 10 working days from the cessation of the function justifying the termination. The termination requires the text form (for example, email) for its effectiveness. The contractual relationship ends at the end of the respective month.

16.5. Notwithstanding the aforementioned provisions, the provider can terminate the contract without notice if the user is in default of payment of the remuneration or a not insignificant part of the remuneration for two consecutive months or in a period that extends over more than two months with the payment of the remuneration in an amount that reaches the remuneration for two months.

17. Data Security and Data Protection

17.1. The contracting parties will observe the applicable data protection provisions, particularly those in force in Germany, and will commit their employees deployed in connection with the contract and its implementation to the data secrecy according to § 5 BDSG, provided they are not already generally obliged to do so.

17.2. If the user collects, processes or uses personal data, they guarantee that they are authorized to do so according to the applicable data protection regulations and, in the event of a violation, indemnifies the provider from third-party claims.

17.3. The provider will only collect and process customer-related data to the extent necessary for the implementation of this contract. The user agrees to the collection and use of such data to this extent. In particular, the provider will not collect and/or process any customer-related data of the user.

17.4. The obligations under clauses 17.1 to 17.3 exist as long as user data is within the sphere of influence of the provider, even beyond the end of the contract.

18. Confidentiality

18.1. Information to be treated as confidential are the information expressly designated as confidential by the information-giving contract partner and such information whose confidentiality is clearly evident from the circumstances of the surrender. The provider is obliged to treat user data as confidential, should they gain knowledge of it.

18.2. The provider undertakes, in particular, not to publish any individual operational information received from the user or to pass it on to third parties in any other way. The only exception to this is data transfer for the provision of PPC Rocket, for example to hosting providers or for billing purposes.

18.3. No information that needs to be treated confidentially is present if the contract partner receiving the information proves that it: 18.3.1 Was known to them or generally accessible before the date of receipt; 18.3.2 Was known or generally accessible to the public before the date of receipt; 18.3.3 Became known or generally accessible to the public after the date of receipt, without the contract partner receiving the information being responsible for this.

18.4. The contracting parties will maintain silence about all confidential information that has come to their knowledge in the context of this contractual relationship or will only use it vis-à-vis third parties - for whatever purpose - with the prior written agreement of the other contract partner.

18.5. The obligations under clause 13.1 exist indefinitely even after the end of the contract, as long as an exceptional circumstance according to clause 13.3 is not proven.

19. Duties during and after Termination of the Contract

19.1. The provider will send the user a complete copy of all user data on customary data carriers (backup) at the end of the contract period against separate remuneration, if expressly requested by the user. Further details will be agreed mutually between the parties.

19.2. Upon termination of the contractual relationship, the provider is obliged to delete the user data stored by the user.

20. Final Provisions

20.1. German law applies to the contractual relationship, excluding UN sales law.

20.2. The place of performance for all services from the claims existing with the provider is the seat of the provider, as long as the user is not a consumer, but a merchant, a legal entity under public law or a special fund under public law.

20.3. If the user does not have a general place of jurisdiction in Germany or the EU, or if their residence or habitual residence is unknown at the time the lawsuit is filed, the seat of the provider is also the place of jurisdiction. The right to also call the court at another statutory place of jurisdiction remains unaffected by this.

II. Customer Information

1. Identity of the Provider
PPC Rocket GmbH
Joachim Beig
Alemannenring 12
86405 Meitingen
Germany
Phone: 0141/23338412
Email: info@ppcrocket.com

2. Information on the Conclusion of the Contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction possibilities are made in accordance with clause 4 of the General Terms of Use (Part I.).

3. Contract Language, Contract Text Storage

3.1. The contract language is German.

3.2. The complete contract text is not stored by the provider and is not accessible to the user.

3.3. There is an anytime access option to the user's contract data, which they can print or electronically secure.