Terms and Conditions

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Scope of Application
1. These General Terms and Conditions of PaceViewer GmbH (Heiligengeiststraße 6-8, 26121 Oldenburg, hereinafter “PaceViewer” or “we”/”us”) apply to all business relationships with our customers (Customer and PaceViewer hereinafter collectively the “Parties” or individually a “Party”).
2. Our offer is exclusively directed at entrepreneurs (Sec. 14 BGB), i.e., natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the transaction, as well as legal entities under public law or special funds under public law.
3. These terms and conditions apply exclusively. Deviating, conflicting, or supplementary General Terms and Conditions of the Customer shall only become part of the contract if and to the extent that we have expressly consented to their validity in writing. This consent requirement applies in any case, for example, even if the Customer refers to their GTC in the context of the order confirmation and we do not expressly object to them.
Conclusion of Contract
1. Our offers are subject to change and non-binding. This also applies if we have provided the Customer with service descriptions or other documents – including in electronic form – to which we reserve ownership and copyrights.
2. The Customer can register on our website. Unless otherwise agreed in individual cases, the Customer receives a 30-day free trial access to our offer upon successful registration, provided the Customer has not previously used our services. The trial access can only be used once per Customer. PaceViewer reserves the right to invoice the service during the trial access period in accordance with the contractual fee provisions if the Customer applies for a trial access in breach of contract, despite having already received one in the past. In order to continue using the services after the free trial phase, the Customer must actively confirm this in the PaceViewer App and deposit their payment details. The agreed subscription fees for the service will then apply.
Subject Matter of the Contract
The subject matter of the contract is the online-based, fee-based granting of the use of the software in the Customer’s operations via the Internet, limited in time to the duration of the contract (hereinafter “Service“). The Service can be accessed via our app (hereinafter “PaceViewer App”).
Services of PaceViewer
1. PaceViewer grants the Customer the use of the respective current version of the software via the Internet. The software integrates with Google Ads and Microsoft Advertising via APIs. Access to the software is provided via a user ID and a password, which the Customer chooses themselves during the registration process.
2. PaceViewer guarantees the functionality and availability of the software during the term of the contractual relationship and will maintain the software in a condition suitable for contractual use. The respective current functional scope of the software results from its current service description on the PaceViewer website at https://paceviewer.com/.
3. The Customer has the option to configure certain settings in the software. However, an individual customization of the software, i.e., custom programming of the front-end or back-end or the integration of third-party software, is not part of the contract and requires a separate contractual agreement.
4. PaceViewer may, without being obligated to do so, update or further develop the software at any time and, in particular, adapt it due to a changed legal situation, technical developments, or to improve IT security. PaceViewer will adequately consider the legitimate interests of the Customer and inform the Customer in good time about necessary updates. In the event of a significant impairment of the Customer’s legitimate interests, the Customer shall have a special right of termination.
5. PaceViewer will regularly maintain the software and inform the Customer in good time about any associated restrictions. Maintenance will preferably be carried out during low-traffic times, unless maintenance must be performed at another time due to compelling reasons.
6. PaceViewer will implement state-of-the-art measures to protect data. However, PaceViewer is not subject to any safekeeping or custody obligations regarding the data.
Scope and Rights of Use
1. The Customer receives a simple, i.e., non-sublicensable and non-transferable right to use the current version of the software, limited in time to the duration of the contract, in accordance with the contractual provisions.
2. The Customer may not modify or edit the software.
3. The Customer may only reproduce the software to the extent necessary for the intended use of the software according to its service description.
4. The Customer may only use the software within the scope of their own business activities by their own personnel. They are not entitled to make the software available to third parties for use, either for a fee or free of charge. Subletting the software is excluded. Affiliated companies of the Customer according to Sec. 15 AktG are also considered third parties.
5. There is no physical transfer of the software to the Customer.
Storage of Data
1. PaceViewer ensures that the stored data is accessible via the Internet. The Customer is obliged to continue keeping and storing their data completely in their own systems.
2. PaceViewer is obliged to take suitable precautions against data loss and to prevent unauthorized access by third parties to the Customer’s data. For this purpose, PaceViewer will perform regular, risk-appropriate backups and install state-of-the-art firewalls.
3. The Customer remains the sole rights holder to the data in any case.
Support
PaceViewer will set up a support service for Customer inquiries regarding software functions. Inquiries can be submitted by e-mail to hello@paceviewer.com. Inquiries are generally processed in the chronological order of their receipt.
Duties of Cooperation and Responsibilities
1. The Customer undertakes to provide all cooperation services required for the contractual provision of services in a timely, complete manner and at their own expense. This includes in particular:
  1. Use of a current web browser,
  2. Provision of technical access credentials and APIs (such as connections to the advertising providers Google Ads and/or Microsoft Advertising),
  3. Cooperation in tests, approvals, and feedback processes.
2. The Customer must safeguard the access credentials against unauthorized third-party access in accordance with current industry standards. The Customer will ensure that use only takes place to the contractually agreed extent. Unauthorized access must be reported to PaceViewer immediately. In the event that PaceViewer’s services are used by unauthorized third parties using the Customer’s access credentials, PaceViewer shall be liable for the resulting charges within the framework of civil liability up to the time the request to change the access credentials is received or the loss or theft is reported, provided the Customer is at fault for the unauthorized third party’s access.
3. The content processed by the Customer in the PaceViewer App may be protected by copyright and data protection law. The Customer hereby grants PaceViewer the non-exclusive right to make the content stored on the server accessible exclusively to the Customer during their queries via the Internet and, in particular, to reproduce and transmit it for this purpose as well as to reproduce it for the purpose of data backup.
4. The Customer will protect the software from any damage caused in particular by viruses and other harmful components and will use state-of-the-art measures for this purpose (e.g., antivirus programs).
5. The Customer is responsible for performing appropriate data backups regularly on their own responsibility.
6. The Customer must report malfunctions immediately to the contact details mentioned in Section 7. The Customer must describe the error as detailed and completely as possible and use exclusively those employees of the Customer for communication with PaceViewer who have the necessary expertise in using the software.
7. The Customer is aware that the software integrates functions that use Artificial Intelligence (hereinafter: “AI Functions“). The Parties are aware that results from AI Functions, even with careful use and consideration of the respective technical requirements, may yield imprecise, incomplete, or even incorrect results. For this reason, the Customer is obliged to subject the results of the software to a check for accuracy and completeness before internal or external reuse. Such a substantive or technical review of the software’s results is not possible for PaceViewer, as it does not possess the necessary knowledge and information. Only the Customer possesses this.
Subcontractors
1. PaceViewer is permitted to use subcontractors in the provision of services. The use of subcontractors does not release PaceViewer from its sole obligation towards the Customer for complete fulfillment of the contract.
Warranty
1. The warranty provisions of tenancy law (Sec. 535 ff. BGB) apply regarding the granting of the use of the software.
2. The Customer must notify PaceViewer of any defects immediately.
3. The warranty for only insignificant reductions in the suitability of the service is excluded. Strict liability according to Sec. 536a Para. 1 BGB for defects that already existed at the time the contract was concluded is excluded.
Liability
1. The Parties shall be liable to each other without limitation in cases of intent, gross negligence, as well as in the event of culpable injury to life, body, or health.
2. Without prejudice to cases of unlimited liability according to Section 10.1, the Parties shall be liable to each other in cases of slightly negligent breach of duty only for the breach of essential contractual obligations, meaning obligations whose fulfillment makes the proper execution of the contract possible in the first place or whose breach endangers the achievement of the contract’s purpose and upon whose compliance the other Party may regularly rely, but limited to the foreseeable damage typical for the contract at the time of its conclusion.
3. PaceViewer is not liable for the loss of data insofar as the damage is due to the fact that the Customer failed to carry out data backups and thereby ensure that lost data can be restored with reasonable effort.
4. The above liability limitations do not apply in the case of mandatory statutory provisions, in particular liability under the Product Liability Act, as well as within the scope of guarantees assumed in writing by a Party.
5. The provisions of this section also apply in favor of employees, representatives, and governing bodies of the Parties.
Fees and Payment Terms
1. After the expiration of the trial access, the free use of the software ends. In order to continue using the software, the Customer must actively confirm this in the App and provide their payment details. Otherwise, further use of the software beyond the end of the trial access is not possible.
2. Invoicing takes place monthly or annually, depending on which payment method the Customer has agreed with PaceViewer or selected in the PaceViewer App (annual or monthly payment method). The Customer also selects the payment method in the PaceViewer App.
3. PaceViewer’s fees are based on a subscription model, which depends on the Customer’s financial expenditure for the advertisements selected by the Customer (so-called Ad Spend). Upon conclusion of the contract, the Customer selects the subscription tier associated with a maximum limit of Ad Spend (so-called Ad Spend Limit). With the conclusion of the contract, PaceViewer calculates the Customer’s actual Ad Spend daily by adding the sum of the expenses of all selected ad accounts. From this, PaceViewer determines the total expenses for the billing period. In the case of a monthly payment method, the billing period is one month, i.e., it ends on the calendar day of the respective month following the start of billing (e.g.: Start: 01.01. – End: 01.02.). In the case of an annual payment method, the billing period is one year, i.e., it ends on the calendar day of the respective calendar year following the start of billing (e.g.: Start: 01.05.2026 – End: 01.05.2027). The billing is calendar-based.
4. If the Customer exceeds their Ad Spend Limit in the billing period, PaceViewer will inform them about this in the PaceViewer App. The Customer is prompted to decide whether they will deselect ad accounts in order to fall below the currently booked Ad Spend Limit or whether they will conclude a higher subscription tier and thus a higher Ad Spend Limit. If the Customer chooses neither of the two alternatives, the current subscription tier remains. PaceViewer will no longer retrieve data from advertising providers in the current billing period. The Customer can view their data retrieved up to that point.
5. If the Customer decides to adjust their subscription tier, they can do so in the PaceViewer App. In the event of an upgrade, i.e., adjusting the subscription tier upwards, the adjustment applies from the current billing period. The increase in fees will be invoiced proportionately to the billing period. In the case of downgrades, i.e., adjusting the subscription tier downwards, the adjustment applies from the next billing period and not for the current billing period.
6. In the event that the Customer’s actual Ad Spend turns out to be lower than the selected subscription tier, the Customer can adjust the subscription tier for the next billing period, cf. Sec. 12.5. An automatic downgrade of the subscription tier does not occur.
7. Further details on this can be viewed at https://paceviewer.com/#preise
Contract Term and Termination
1. The contract is concluded for an indefinite period.
2. The contract may be terminated by either Party with a notice period of one month.
3. The right to extraordinary termination for good cause remains unaffected. Any termination must be in text form in any case.
4. PaceViewer informs its Customer via e-mail and in the PaceViewer App about the termination of the contract – regardless of the reason. After termination of the contract, the user can access their data for a period of 7 calendar days from the time of termination. Thereafter, access is no longer possible. The contract continues to apply accordingly for this period.
Force Majeure
1. “Force Majeure” means the occurrence of an event or circumstance that prevents a Party from fulfilling one or more of its contractual obligations under the contract, if and to the extent that the Party affected by the impediment proves that: (a) this impediment is beyond its reasonable control; and (b) it could not reasonably have been foreseen at the time the contract was concluded; and (c) the effects of the impediment could not reasonably have been avoided or overcome by the affected Party. Cases of force majeure include, in particular, war, epidemics, natural disasters, extreme natural events, strikes, or the death of a key employee.
2. A Party successfully invoking this clause is released from its duty to fulfill its contractual obligations and from any liability for damages or from any other contractual remedy for breach of contract from the time the impediment makes the provision of services impossible; provided that this is communicated immediately.
Confidentiality and Data Protection
1. The Parties are obliged to treat all Confidential Information disclosed to them by the respective other Party or third parties within their PaceViewer environment during the execution of the contract and during the term of the contract as strictly confidential during the term of the contract and for 2 years thereafter (i) and accordingly not grant any third party access to the Confidential Information of the respective other Party in accordance with this contract, and (ii) use it only for the execution of this contract and the purpose pursued therewith. “Confidential Information” within the meaning of this contract means all information of a Party concerning its business, including trade secrets, know-how, programming codes, business systems, and business processes, as well as information on development, finance, customers, and marketing.
2. The obligations to maintain secrecy and non-use of Confidential Information or parts thereof do not apply if the corresponding Confidential Information:
  1. was demonstrably already known to one Party prior to disclosure by the other Party; or
  2. becomes public domain through publication or otherwise without a breach of contract by the other Party; or
  3. is demonstrably made known to one Party by another source without originating directly or indirectly from the other Party;
  4. has demonstrably been developed independently by one Party without access to the Confidential Information of the other Party.
3. Both Parties undertake not to disclose the Confidential Information of the other Party to third parties without the written consent of the other Party, with the exception of its employees and/or consultants who necessarily need to receive the Confidential Information of the other Party for the performance of the contractual purpose. Before making Confidential Information of the other Party available to such employees and/or consultants, the corresponding Party will bind these employees and/or consultants to secrecy in accordance with this agreement. However, the imposition of such obligations does not release the Parties from their obligations under this contract.
4. If a Party is obligated due to a mandatory official, judicial, or statutory order or regulation to disclose Confidential Information of the other Party to third parties, it is entitled to disclosure, whereby it must inform the other Party immediately of such an obligation to disclose and restrict the disclosure as far as possible. However, the disclosure does not release the respective Party from its other obligations under this contract.
5. PaceViewer accesses exclusively aggregated and therefore non-personal data via the software interface. Should a court or a supervisory authority nevertheless classify PaceViewer’s services as the processing of personal data, the Parties undertake to conclude a Data Processing Agreement.
6. The Customer is furthermore obliged to similarly bind third parties authorized by them to secrecy beforehand, insofar as they obtain knowledge of confidential information.
Final Provisions
1. There are no oral collateral agreements. Amendments or supplements to this contract must be in text form to be valid. This also applies to the waiver of this form requirement. Individual contractual agreements take precedence.
2. Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, that which the Parties would have reasonably agreed upon in economic terms according to the originally intended purpose shall apply. The same applies in the event of a loophole in the contract.
3. This contract is governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
4. The place of performance is Oldenburg, Germany. The exclusive place of jurisdiction for all disputes between the Parties arising from or in connection with this contract is Oldenburg.