Last updated: September 5, 2026

Provider and scope

(1) These General Terms and Conditions apply to all contracts between

HeroFunnels, owner: Aya Stern, Gustav-Meyrink-Str. 13a, 82319 Starnberg, Germany. Email: [email protected]

– hereinafter "the Provider" –

and its customers.

(2) The Provider operates on the market under the brands HeroFunnels and Aya Stern. In all cases the Customer's contractual partner is the sole proprietorship Aya Stern. These Terms apply to all services offered under these brands, unless expressly different terms have been agreed for individual products.

(3) These Terms apply to consumers (Section 13 of the German Civil Code, BGB) and to entrepreneurs (Section 14 BGB), unless individual clauses expressly apply to only one of the two groups.

(4) Deviating terms of the Customer do not become part of the contract unless the Provider expressly consents to their application in text form.

(5) The Provider supplies two independent types of service: provision of the SaaS platform HeroFunnels, and individual services and work services. Which provisions apply depends on the service booked.

Contract language and storage of the contract text

(1) The contract language is German.

(2) The Provider does not store the contract text in a form accessible to the Customer. The Customer receives the contract data and these Terms in text form with the order confirmation.

Services of the SaaS platform HeroFunnels

(1) The Provider makes the HeroFunnels platform available to the Customer for use over the internet. The platform includes, in particular, functions for creating landing pages and funnels, for managing contacts, for email marketing, and for marketing automation.

(2) The specific scope of functions follows from the service description on the Provider's website in the version applicable at the time the contract is concluded.

(3) The Provider owes the provision of the platform. It owes neither revenue nor leads nor any other commercial success of the measures the Customer implements with it.

(4) The Provider endeavors to provide the platform with as few interruptions as possible. It is entitled to make the platform temporarily unavailable or only partly available for maintenance work. Where possible, the Provider announces planned maintenance work with reasonable advance notice.

(5) The Customer is responsible for the content it stores on the platform and for the lawfulness of its marketing measures, in particular for obtaining the necessary consents when sending emails.

Technical infrastructure and third-party services

(1) The Provider is entitled to use technical infrastructure, software, and services of third parties and to engage subcontractors in order to render its services. The HeroFunnels platform is based on the technical infrastructure of a third-party provider.

(2) The Provider remains responsible to the Customer for providing the platform in accordance with the contract. Section 19 remains unaffected.

(3) This is to be distinguished from third-party services that the Customer connects or uses itself and with which it maintains its own contractual relationships, in particular payment services, advertising platforms, analytics services, email delivery services, and AI services. The Provider accepts no responsibility for their performance, availability, prices, or terms of use. If such a service blocks, changes, or terminates its performance, this does not affect the contract with the Provider.

(4) If a third-party provider changes interfaces or discontinues functions, the Provider is entitled to adapt or discontinue the affected integrations. Section 5 applies accordingly.

Further development, updates, and beta functions

(1) The Provider develops the platform on an ongoing basis. It is entitled to apply updates, bug fixes, and security adjustments without the Customer's consent, even where this leads to brief restrictions of use.

(2) The Provider may change, supplement, or replace individual functions, provided that this does not substantially restrict the contractually owed scope of services and the change is reasonable for the Customer.

(3) If the Provider intends to permanently discontinue a material function, it will notify the Customer in text form at least four weeks in advance. In this case the Customer may terminate the contract with effect from the date of discontinuation.

(4) The Provider may expressly designate functions as test or beta functions. These may contain errors, are provided without warranty, and may be changed or removed at any time. They are not part of the owed scope of services.

AI-supported functions

(1) The platform may contain functions that use artificial intelligence to generate texts, images, structures, or suggestions.

(2) The generated results serve solely to support the Customer. The Provider gives no warranty as to their accuracy, completeness, currency, or freedom from third-party rights.

(3) In particular, the Provider gives no warranty that AI-generated content is free of third-party rights. This applies especially to generated images and texts.

(4) The Customer is obligated to review all results on its own responsibility before publication or commercial use, in particular for factual accuracy, legal admissibility, and conflicting third-party rights.

(5) The Customer is responsible for the content it enters into AI-supported functions. It may not enter personal data of third parties without an appropriate legal basis, nor any content to which third parties hold rights.

Individual services and work services

(1) In addition, the Provider renders individual services, in particular:

creation of landing pages, websites, and funnel systems, setup of email automations and marketing workflows, consulting on the use of HeroFunnels, migration of existing systems and data to HeroFunnels, creation of individual marketing strategies, training and workshops, setup and integration of third-party tools.

(2) The Provider also offers done-for-you services, in which it takes over the complete implementation of digital projects including concept, design, and technical implementation.

(3) The precise scope of services is defined in the respective offer or in a service description.

(4) For marketing services, the Provider does not owe any particular commercial success, but rather performance in accordance with the contract and with generally recognized standards.

(5) Contracts for individual services come into effect through acceptance of an individual offer in text or written form, or through the Provider's express order confirmation.

Conclusion of contract via the website (SaaS subscription)

(1) The presentation of plans on the Provider's website is not a binding offer but an invitation to order.

(2) The Customer selects a plan and is forwarded to the payment process of the payment service provider. There the Customer enters its data and completes the order by pressing the payment button. In doing so, the Customer submits a binding offer to conclude a usage contract.

(3) The contract comes into effect as soon as the Provider confirms the order in text form or provides the Customer with access to the platform.

(4) Before submitting the order, the Customer can review and correct its entries.

Trial period

(1) Where the Provider offers a free trial period, the Customer may use the platform free of charge for the duration stated on the website, currently 30 days from conclusion of the contract.

(2) The Customer stores a means of payment at the start of the trial period. No charge is made during the trial period.

(3) If the Customer does not terminate by the end of the trial period, the contractual relationship automatically converts into the paid subscription booked. The first payment falls due on the first day after the end of the trial period. The Provider informs the Customer of this automatic conversion and of the end of the trial period when the contract is concluded.

(4) During the trial period the Customer may terminate at any time without notice period and without giving reasons. In this case no costs arise.

(5) The trial period may be used only once per customer.

Remuneration, payment terms, and price adjustment

(1) The prices shown on the website for the SaaS plans are total prices. They include statutory VAT insofar as the turnover is taxable in Germany or in another member state of the European Union. For customers domiciled or resident outside the European Union, no German VAT applies; in this case the stated amount is the net amount.

(2) For individual services under Section 7, the prices stated in the respective offer apply. Toward entrepreneurs these are net prices plus statutory VAT; toward consumers they are total prices.

(3) Remuneration for the SaaS subscription is payable in advance, monthly or annually depending on the plan chosen. The charge is made automatically via the means of payment stored by the Customer.

(4) The Provider makes invoices available in electronic form. The Customer consents to electronic invoicing.

(5) For individual services, payments are due immediately upon receipt of the invoice without deduction, unless otherwise agreed. The Provider is entitled, in particular with new customers or extensive projects, to perform only against prepayment, deposit, or partial payment.

(6) If the Customer is in default with payment of the usage fee, the Provider may temporarily suspend access to the platform after prior notice in text form. The Customer's payment obligation remains unaffected. The suspension is lifted without delay as soon as the arrears are settled.

(7) The Provider may adjust the fees for the SaaS subscription where there is an objective reason for doing so. Objective reasons include in particular increased costs for the technical infrastructure, increased license or procurement costs of the Provider, and an extension of the scope of services. The Provider notifies an adjustment in text form at least six weeks before it takes effect and points out the right of termination under sentence 3. The Customer may terminate the contract with effect from the date the adjustment takes effect. If the Customer does not terminate, the adjustment applies from the date notified. Where payment is annual, an adjustment takes effect at the earliest at the beginning of the next billing period.

The Customer's duties to cooperate

(1) The Customer provides all content, data, access credentials, and information required for performance of the contract in good time, completely, and in a suitable form.

(2) Delays or additional work resulting from missing, incomplete, or late cooperation by the Customer extend agreed deadlines accordingly. The Provider may charge separately for additional work, provided it has notified the Customer of this beforehand.

(3) Before migrations and done-for-you services, the Customer creates a complete backup of its existing systems.

(4) The Customer keeps its access credentials confidential and does not pass them on to third parties. It informs the Provider without delay if it suspects that third parties have obtained knowledge of its access credentials.

User account, permitted use, and misuse

(1) The user account is assigned to the Customer personally. The Customer may grant its employees access for use within its own business operations. It is not permitted to transfer access to third parties, to use the account for several independent companies, or to resell or sublet access.

(2) The Customer may not use the platform abusively or unlawfully.

The following are prohibited in particular:

sending unsolicited advertising or messages without the required consent of the recipients

phishing and any form of deceptive or misleading communication

distributing malware

posting or distributing unlawful content

infringing third-party rights, in particular copyright, trademark, and personality rights

fraudulent affiliate or advertising practices, in particular generating non-genuine clicks, leads, or conversions

circumventing technical restrictions and automated scraping of the platform

(3) In the event of a breach, the Provider may request the Customer to remedy it within a set period. In the case of serious breaches, in particular sending spam, phishing, malware, unlawful content, or a substantial threat to the security or deliverability of the system, the Provider may suspend access immediately without prior request. The Provider informs the Customer of the suspension without delay in text form.

(4) If the suspension is based on circumstances for which the Customer is responsible, its payment obligation remains in place. The right to extraordinary termination under Section 16 remains unaffected.

(5) The Customer indemnifies the Provider against claims by third parties arising from unlawful use of the platform for which the Customer is responsible, including the reasonable costs of legal defense.

Community areas

(1) Where the Provider offers community areas, in particular within the Hero Club, the Community Guidelines apply in addition in their respective current version. They are available on the Provider's website.

(2) In community areas the following are prohibited in particular: spam, self-promotion without the Provider's prior consent, poaching other members, unlawful, insulting, or discriminatory content, and passing on other members' contributions outside the community.

(3) In the event of breaches, the Provider may remove contributions, warn the Customer, and, in the case of repeated or serious breaches, permanently exclude the Customer from the community areas. Exclusion from a community area does not affect the remaining contractual services.

Acceptance of work services

(1) Where the Provider renders work services, it notifies completion in text form and requests the Customer to accept. With this request, the Provider expressly informs the Customer that the service is deemed accepted if the Customer does not refuse acceptance within 14 days, stating at least one defect.

(2) If the Customer does not refuse acceptance within this period stating at least one defect, the service is deemed accepted.

(3) Acceptance may not be refused on account of insignificant defects.

Rights of use in the platform, templates, and content

(1) The Provider grants the Customer, for the duration of the contract, a non-exclusive, non-transferable right to use the HeroFunnels platform in accordance with the contract.

(2) The Provider makes templates available to the Customer, in particular templates, funnels, automations, workflows, designs, texts, and other materials. For the duration of the contract, the Customer receives a non-exclusive, non-transferable right to use and adapt them within its own business operations and to publish the results created from them.

(3) It is prohibited to pass on, sell, license, exchange, make available for download, or otherwise make the templates as such accessible to third parties outside the Customer's own business operations. Publishing the Customer's own pages, funnels, and campaigns created from a template is expressly permitted. Reverse engineering, decompilation, and the systematic extraction or copying of the template library are likewise prohibited.

(4) On termination of the contract, the right to use the HeroFunnels platform ends, including all functions, templates, and content provided through it. Websites, funnels, automations, and other content published via HeroFunnels are no longer made available after the contract ends.

(5) The Provider makes the data introduced by the Customer available for export for the period set out in Section 16(8), insofar as an export is technically possible. The Customer's own content, in particular texts, images, logos, and contact data, remains the Customer's and may be used by it elsewhere.

(6) After the contract ends, the Customer may not export, transfer to other systems, recreate, or otherwise continue to use the Provider's templates.

(7) In respect of works created under individual assignments pursuant to Section 7, the Customer receives, after full payment of the agreed remuneration, a non-exclusive, non-transferable right of use unlimited in time and territory.

(8) The Provider acquires no rights in the content, data, and contacts that the Customer introduces into the platform. It uses them solely to perform the contract.

Term and termination of the SaaS subscription

(1) Where payment is monthly, the contract term is one month. The contract may be terminated at any time with effect from the end of the current billing period. There is no notice period. If no termination is given, the contract continues for an indefinite period and remains terminable at any time with effect from the end of the current billing period.

(2) Where payment is annual, the minimum contract term is twelve months. The contract may be terminated with effect from the end of the minimum contract term. There is no notice period.

(3) If a contract with annual payment is not terminated with effect from the end of the minimum contract term, it continues for an indefinite period. It may then be terminated at any time with one month's notice. If the Customer terminates during a billing period already paid for, the Provider refunds the fee for the unused period on a pro rata basis.

(4) The Customer may give notice of termination via the cancellation button on the Provider's website at herofunnels.de/kuendigung, or in text form, in particular by email to [email protected]. No stricter form than text form is required.

(5) The Provider confirms receipt of the termination, its content, and the date on which the contractual relationship ends, without delay in text form.

(6) The Provider may terminate the contractual relationship on the same conditions.

(7) The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular where the Customer is in default with payment for two consecutive billing periods, or breaches Section 12 and does not remedy the breach despite being requested to do so.

(8) After the contract ends, the Provider makes the data introduced by the Customer available for export for 30 days. It is then deleted, unless statutory retention obligations prevent this.

Termination of other contracts

Contracts for individual services under Section 7 end upon complete performance of the agreed service, unless otherwise agreed. Where ongoing support has been agreed, Section 16(1), (4), (5), and (7) apply accordingly.

Right of withdrawal for consumers

(1) Consumers have a statutory right of withdrawal. The details follow from the withdrawal policy available at herofunnels.de/widerrufsbelehrung, which is also provided to the Customer in text form.

(2) The Customer may declare the withdrawal informally in text form or use the form at herofunnels.de/widerruf.

(3) The Provider does not claim compensation for the value of services rendered before the withdrawal.

Liability

(1) The Provider is liable without limitation in cases of intent and gross negligence, and for injury to life, body, or health.

(2) In cases of simple negligence, the Provider is liable only for breach of material contractual obligations, that is, obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely. In such cases liability is limited to the foreseeable damage typical of this type of contract.

(3) Liability is otherwise excluded. Liability under the German Product Liability Act and under any guarantee given remains unaffected.

(4) In the case of migrations and system transfers, the Provider is not liable for data loss or malfunctions attributable to faulty or incomplete data holdings of the previous system or to technical limitations of the target system, insofar as the Provider is not responsible for these.

(5) The Provider is liable for loss of data only to the extent that the damage would also have occurred had the Customer carried out proper and regular data backups.

Force majeure

(1) Events outside the Provider's sphere of influence release it from its performance obligations for the duration of the disruption. These include in particular natural events, war, terrorist attacks, pandemics, official orders, industrial action, large-scale failures of power or network supply, data center outages, and attacks on the IT infrastructure.

(2) The Provider informs the Customer without delay in text form of the occurrence and expected duration of such a disruption.

(3) If the disruption lasts longer than six weeks, either party may terminate the contract. The Provider refunds on a pro rata basis any fees paid in advance for services not rendered.

Data protection and processing on behalf of the Customer

(1) The Provider processes personal data in accordance with applicable data protection law. Details follow from the privacy policy.

(2) For the personal data that the Customer processes via the platform, in particular the data of its own contacts and customers, the Customer is the controller within the meaning of Art. 4(7) GDPR. The Customer is responsible in particular for the legal basis of the processing, for obtaining the necessary consents, and for fulfilling the information obligations toward the data subjects.

(3) Insofar as the Provider processes this data on behalf of the Customer, the parties conclude a data processing agreement pursuant to Art. 28 GDPR. The Provider makes the agreement available to the Customer when the contract is concluded.

(4) The Provider is entitled to engage sub-processors. The details are governed by the data processing agreement.

Confidentiality

The parties treat all confidential information that becomes known to them in the course of the cooperation as confidential and do not make it accessible to third parties. This obligation continues to apply after the contract ends.

Changes to these Terms

(1) The Provider may change these Terms with effect for the future where this is necessary to adapt to a changed legal situation, changed case law, or changed technical or operational conditions, and the Customer is not unreasonably disadvantaged as a result.

(2) The Provider notifies the Customer of the change in text form at least six weeks before it is intended to take effect and points out the right to object and the consequences.

(3) If the Customer does not object in text form within six weeks of receiving the notification, the change is deemed accepted. If the Customer objects, the contract continues on the previous terms; in this case either party may terminate the contract with effect from the date the change was intended to take effect.

Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which the consumer has their habitual residence.

(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is the Provider's registered office. For contracts with consumers, the statutory provisions apply.

Consumer dispute resolution

The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

Severability clause

Should any provision of these Terms be or become wholly or partly invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.