Terms of service
This is a draft. The final terms will be reviewed by counsel before we accept the first paid subscription. Where the German version and this translation differ, the German version prevails.
1. Scope and parties
These terms govern the use of the NextPKI platform provided by Datargo GmbH, Neue Mainzer Str. 52-58, 60311 Frankfurt am Main (contact details on the imprint page), referred to below as “we”.
NextPKI is offered exclusively to entrepreneurs within the meaning of § 14 BGB, to legal entities under public law and to special funds under public law. It is not offered to consumers.
Terms of the customer that conflict with or deviate from these terms do not apply unless we have agreed to them in writing.
2. Subject matter
We provide a web-based platform for certificate lifecycle management: discovering TLS certificates in the customer’s estate, keeping an inventory, monitoring expiry and Certificate Transparency logs, and, depending on the plan, automating renewal through the certificate authorities the customer has connected.
We are not a certificate authority in the sense of issuing publicly trusted certificates on the customer’s behalf without their instruction. Certificates are issued by the authority the customer selects and configures, under that authority’s own terms. Where the platform operates a private CA for the customer, this is agreed separately.
The functional scope of each plan is described on the pricing page as amended from time to time.
3. Conclusion of contract
A contract is concluded when we activate an account for the customer, or when the customer completes a subscription through our checkout and we confirm it. Access data must be kept confidential and may not be passed to third parties outside the customer’s organisation.
4. Plans, limits and changes
Each plan carries a limit on the number of monitored domains. The limit is enforced by the platform.
If a customer exceeds the limit after a downgrade, existing domains remain visible and monitored, but no further domains can be added. Expiry alerts remain active in every plan and in every payment state.
We may change the functional scope of a plan where this serves the technical development of the service and does not materially impair the agreed core function. We will announce material changes at least 30 days in advance.
5. Prices, payment and default
All prices are net prices in EUR and exclude statutory VAT. Invoices are issued by our payment processor and include the customer’s company name, address, VAT ID and, where provided, purchase order reference.
Subscription fees are due in advance for the agreed billing period. Free and Pro are paid by card or SEPA direct debit; Business and Enterprise are invoiced with the payment terms agreed in the individual contract.
If a payment fails, the customer keeps a grace period of 14 calendar days, announced by email in advance. Automated renewal is suspended only after that period has expired. Alerting is never suspended for payment reasons.
Discounts require an express agreement. Fees already paid are not refunded pro rata on early termination.
6. Term and termination
Subscriptions run for the agreed billing period (monthly or annual) and renew automatically for the same period unless terminated before the end of the current period. Termination takes effect at the end of the current period and is available in the console without contacting us.
The right to terminate for cause remains unaffected.
After the contract ends, the customer’s data remains exportable until the end of the paid period. We delete it in accordance with the data processing agreement.
7. Customer obligations, and what may be scanned
The platform scans networks and hosts on the customer’s instruction. The customer warrants that they are entitled to have the configured targets scanned, whether because they operate them or because the operator has authorised it. The customer indemnifies us against third-party claims arising from scan targets configured without such authorisation.
The customer is responsible for keeping their configuration accurate, for the confidentiality of credentials stored in the platform, and for complying with the terms of the certificate authorities they connect.
8. Availability
We provide the platform with the care customary in the industry. Maintenance windows are announced in advance where they are foreseeable. Specific availability levels apply only where they are expressly agreed in writing.
The platform’s alerting and issuance functions are designed so that a failure of billing or payment infrastructure does not affect them.
9. Data protection
Processing of personal data on the customer’s behalf is governed by our data processing agreement, which forms part of every customer contract. Information on the website itself is in the privacy policy.
10. Rights in data
The customer retains all rights in the data they enter and in the inventory data produced by the service for them. We use it only to provide the service and as instructed.
We may use aggregated, anonymised statistics that permit no conclusion about the customer or their estate to operate and improve the service.
11. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act.
In cases of slight negligence we are liable only for breach of a material contractual obligation, meaning an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer regularly relies. In that case liability is limited to the foreseeable damage typical for this type of contract, capped at the fees paid in the twelve months before the event causing the damage.
Liability for data loss is limited to the cost of restoration that would have arisen had the customer taken appropriate backups.
12. Confidentiality
Each party keeps confidential the other party’s information marked as confidential or evidently confidential, and uses it only for the purposes of the contract. This obligation survives the end of the contract by three years.
13. Changes to these terms
We may amend these terms with effect for the future. Customers will be notified at least 30 days before the change takes effect. If the customer objects within that period, we may terminate the contract at the end of the current billing period. Silence within the period counts as acceptance only where we pointed this out in the notification.
14. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for merchants is Frankfurt am Main.
Should any provision be or become invalid, the validity of the remaining provisions is unaffected.