General terms and conditions
This translation is provided for convenience. Only the German version is legally binding. Zur deutschen Fassung
As of: 9 September 2026 · Applies to aurora-hive.de, aurorahive.de, aurora-hive.eu and aurorahive.eu
Contents
- Scope and contracting parties
- Subject matter of the contract
- Conclusion of the contract
- Trial
- Prices, quotas and payment
- Term and termination
- Availability, maintenance and changes
- Obligations of the customer
- Data protection and processing on behalf
- Rights to content, data export, deletion
- Rights of use in the software
- Warranty
- Liability
- Changes to these terms and to prices
- Final provisions
1. Scope and contracting parties
1.1 These general terms and conditions apply to all contracts between DSS – Digital Shared Services GmbH, Radeberger Straße 45, 01099 Dresden (hereinafter “Provider”) and its customers for the provision of the programs Aurora Hive Sales, Aurora Hive Sites and Aurora Hive Live for use via the internet.
1.2 The offer is aimed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), at legal entities under public law, at special funds under public law and at registered associations. No contract is concluded with consumers within the meaning of § 13 BGB.
1.3 Deviating or supplementary terms of the customer do not become part of the contract unless the Provider expressly agrees to them in text form.
2. Subject matter of the contract
2.1 For the term of the contract, the Provider makes the contractually agreed programs available to the customer for use via the internet and provides the necessary storage space. The scope of services is set out in the service description valid at the time the contract is concluded on aurora-hive.de/preise, in particular in the quotas and limits stated there.
2.2 By way of derogation, Aurora Hive Live is not provided on an ongoing basis but activated once per domain. The activation is unlimited in time. In this respect there is no entitlement to further development.
2.3 The Provider does not owe the creation of content, search engine optimisation or the success of measures carried out with the programs.
2.4 Individual features rely on third-party services, in particular a language model and search services. If such a service fails or its provider changes its terms, the affected feature may be temporarily restricted. The Provider will inform the customer of this without delay and endeavour to find an equivalent replacement.
2.5 Results of AI-supported features are suggestions. They must be checked by the customer before use. The Provider gives no warranty for their accuracy of content.
3. Conclusion of the contract
3.1 The presentation of the plans on the website is not a binding offer but an invitation to submit an offer.
3.2 The contract is concluded when the Provider confirms the customer's order in text form or begins providing the service.
4. Trial
4.1 The Provider may grant the customer a free trial of 14 calendar days. It comprises the feature set of the “Agency” plan with the reduced quotas stated on aurora-hive.de/testen.
4.2 The trial does not establish a continuing obligation and does not automatically turn into a paid contract. It ends without notice of termination.
4.3 On expiry, the Provider switches the account to a read-only mode in which the customer can continue to view and export their data. The read-only mode lasts at least 60 calendar days. After that, the Provider deletes the instance including the data; the Provider announces the deletion to the customer in advance in text form. At the customer's request, the Provider deletes earlier and confirms this in text form.
4.4 During the trial there is no entitlement to any particular availability. The liability provision under clause 13 applies accordingly, but, as the trial is free of charge, subject to § 599 BGB.
5. Prices, quotas and payment
5.1 The prices agreed when the contract is concluded apply. All prices are net plus the statutory VAT applicable at the time.
5.2 Recurring fees are payable monthly in advance for monthly payment and annually in advance for annual payment. One-off fees – in particular for Aurora Hive Live and for running Aurora Hive Sites yourself – are due on provision.
5.3 Invoices are issued electronically and are payable without deduction within 14 days of receipt.
5.4 The quotas stated in the service description relate to one billing month and expire at the end of the month; they are neither carried over nor refunded. If the customer exceeds a quota, they can book more for a fee; without an additional booking, the affected feature is suspended until the start of the next billing month. The other features remain usable.
5.5 In the event of late payment, the Provider is entitled to block access after prior notice in text form and the expiry of a reasonable period. Access to the customer's data for the purpose of export remains unaffected.
6. Term and termination
6.1 Contracts with monthly payment run for one month and are extended by a further month in each case unless terminated with 14 days' notice to the end of the term.
6.2 Contracts with annual payment run for twelve months and are extended by twelve months in each case unless terminated with three months' notice to the end of the term. The Provider reminds the customer of the upcoming renewal in text form at the latest four weeks before the notice period expires.
6.3 The right of both parties to extraordinary termination for good cause remains unaffected.
6.4 Notices of termination must be given in text form. An email to info@digital-shared-services.com is sufficient.
7. Availability, maintenance and changes
7.1 The Provider makes the programs available with an availability of 99.0 per cent on an annual average, measured at the transfer point to the internet. Excluded are periods of announced maintenance and disruptions for which the Provider is not responsible.
7.2 The Provider carries out regular maintenance in the maintenance window on the first Sunday of each month between 5:00 and 7:00 (German time). The Provider announces work that leads to an interruption at least five calendar days in advance in text form. The Provider may carry out security-relevant measures at any time and without notice.
7.3 The Provider backs up the customer's data once a day. The customer acknowledges that, in the event of a restore, data loss of up to 24 hours may occur. More frequent backups can be agreed separately.
7.4 The Provider may further develop the programs and change individual features as long as the contractually owed scope of services as a whole is not significantly restricted. If an essential feature is discontinued, the Provider informs the customer at least three months in advance; in this case the customer has a special right of termination as of the time of the change.
8. Obligations of the customer
8.1 The customer keeps access data secret, protects it from access by third parties and informs the Provider without delay if misuse is suspected.
8.2 The customer is responsible for the content they upload and the data they process. They ensure that they are entitled to process it.
8.3 The customer uses the sending features only within the framework of applicable law, in particular § 7 of the German Act against Unfair Competition (UWG) and the GDPR. The Provider expressly points out that advertising emails without prior consent may be unlawful even when sent to businesses. The customer may not circumvent the consent and unsubscribe mechanisms provided in the program.
8.4 The customer indemnifies the Provider against third-party claims based on a culpable breach of the obligations under clauses 8.2 and 8.3.
8.5 In the event of significant violations, the Provider may block the affected feature after a prior warning; if significant damage is imminent, also without prior warning, but then with notification without delay.
9. Data protection and processing on behalf
9.1 If the Provider processes personal data on behalf of the customer in the course of providing the service, the parties conclude a data processing agreement under Art. 28 GDPR before processing begins. It forms part of the contract and takes precedence over these terms in the event of conflict.
9.2 The Provider uses sub-processors. They are named in the data processing agreement. The Provider informs the customer of intended changes with four weeks' notice; the customer may object for good cause.
9.3 Processing takes place in the Federal Republic of Germany. The AI-supported features are an exception: the content transmitted for them is processed by a provider outside the European Union. The Provider ensures that this transfer is permissible through appropriate safeguards under Chapter V GDPR and provides evidence of this on request.
9.4 The technical and organisational measures under Art. 32 GDPR are described in an annex to the data processing agreement.
10. Rights to content, data export, deletion
10.1 All data and content uploaded by the customer remain their property. The Provider acquires no rights to it other than the simple right of use required to perform the contract.
10.2 The customer can export their data themselves at any time during the entire term of the contract, in common formats and without additional charge. For websites created with Aurora Hive Sites, the export comprises content, media and the published HTML.
10.3 After the end of the contract, the account remains in read-only mode for 30 calendar days so that the customer can export. The Provider then deletes the data. Backup copies are overwritten in the usual cycle, but no later than 90 days after the end of the contract.
10.4 Statutory retention obligations remain unaffected.
11. Rights of use in the software
11.1 For the term of the contract, the customer receives a simple, non-transferable right to use the programs to the agreed extent. There is no entitlement to the source code.
11.2 Within the booked plan, the customer may use the programs for their own customers and grant them access. They remain responsible to the Provider for these persons' compliance with this contract.
11.3 Passing the programs on to third parties for independent use outside the booked plan, replicating them and removing notices of origin are not permitted. Separate terms apply to running Aurora Hive Sites yourself.
12. Warranty
12.1 Tenancy law applies to the provision of software against a recurring fee. The Provider keeps the programs in a condition suitable for contractual use.
12.2 Strict liability for initial defects under § 536a(1), first alternative, BGB is excluded.
12.3 The customer reports defects without delay in text form and describes them in a way that allows them to be reproduced. The reporting feature built into the program is sufficient for this.
13. Liability
13.1 The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.
13.2 In the case of simple negligence, the Provider is only liable for breach of an essential contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. In this case liability is limited to the foreseeable damage typical for the contract, and at most to the net fees paid by the customer in the twelve months before the event causing the damage.
13.3 The Provider is only liable for the loss of data to the extent that would have arisen had the customer backed up data properly and regularly. Clause 7.3 remains unaffected.
13.4 Any further liability is excluded.
14. Changes to these terms and to prices
14.1 The Provider may change these terms with six weeks' notice to the end of a month, provided the change does not unreasonably disadvantage the customer. The Provider informs the customer in text form and points out the right to object. If the customer does not object within six weeks of receipt, the change is deemed accepted. If they object, the contract ends when the change takes effect.
14.2 The agreed prices remain unchanged for twelve months from the start of the contract. After that, the Provider may adjust them at most once a year, and at most to the extent that the consumer price index for Germany published by the Federal Statistical Office has changed since the last price was set. The Provider announces the adjustment in text form at the latest three months before it takes effect. The customer may terminate the contract extraordinarily as of the time it takes effect.
15. Final provisions
15.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
15.2 The exclusive place of jurisdiction for all disputes arising from and in connection with this contract is Dresden, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
15.3 Amendments and additions to this contract must be made in text form. This also applies to the waiver of this form requirement.
15.4 Should any provision be or become invalid, the validity of the remaining provisions remains unaffected.