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Terms and Conditions

Terms of use for the “wigg” tool provides by Aesthetic Brands GmbH

§1 Scope of the Terms of Use

These terms of use apply to contracts between the company Aesthetic Brands GmbH (hereinafter referred to as “Aesthetic Brands GmbH”) and users regarding the IT tool “wigg”.

§2 Services from Aesthetic Brands GmbH

  1. The company Aesthetic Brands GmbH enables the user to use the tool “wigg” (standard software application) via the Internet as “Software as a Service / SaaS” (hereinafter referred to as the “tool or software”). The company Aesthetic Brands GmbH makes the tool available for access on its own servers or on servers in a data center in the EU. The software is kept available for use via these servers and the data that is generated, collected, used and maintained when using the software is stored to the agreed extent and made available for intended retrieval via remote data access. Access to the tool and the stored data is possible at any time outside of the maintenance window, unless Aesthetic Brands GmbH has to carry out urgent support measures or other urgent measures to maintain usability.
  2. The software will not be provided in object or source code.
  3. The company Aesthetic Brands GmbH grants the user a simple, non-transferable right to use the “wigg” tool in accordance with Section 1 for the term of the contract.
  4. Aesthetic Brands GmbH is not obliged to provide the user with documentation of the tool/operator manual. The company Aesthetic Brands GmbH provides information on the basic functionalities in the tool itself and enables the user to access the relevant information online.
  5. The tool is made available to the user for use from the router exit of the data center operated by “wigg” or its service provider. The user is responsible for establishing and maintaining the data connection between the user's end device and the transfer point operated by “wigg”.

After the contract has been terminated, the user will no longer be able to view the data stored in the tool.

§3 Changes to the tool, errors, maintenance windows, extensions to the tool

  1. Aesthetic Brands GmbH is entitled to change the design of the tool. They are also entitled to adapt the structure and functionalities of the tool. Aesthetic Brands GmbH will inform the user of significant changes.
  2. If Aesthetic Brands GmbH is obliged to eliminate errors/defects in the tool or to bring about/maintain the condition of the tool in accordance with the contract, Aesthetic Brands GmbH reserves the right to choose the type of defect elimination.
  3. Aesthetic Brands GmbH is entitled to deny access to the tool and the stored data once a week for a maximum of 2 hours (maintenance window) in order to be able to carry out changes to the tool or other maintenance work. Aesthetic Brands GmbH will endeavor to keep the restrictions for the user as low as possible, including carrying out the work at night.

§4 Content posted by the user, the distribution of content via the tool and reporting of legal violations

  1. The user can set API access data, texts and images in the tool.
  2. The user must ensure that the content posted by him or by third parties with his consent complies with applicable law. In particular, no rights of third parties may be violated by the content posted or the resulting distribution through the tool.
  3. The user must ensure that the API access data set by him or by third parties with his consent only has read-only permissions in the associated target system.
  4. If content is integrated into third-party websites or services via the tool, the user must have written permission. In the event of a dispute, this authorization must be made available to Aesthetic Brands GmbH.
  5. If Aesthetic Brands GmbH is notified by third parties that there is illegal content in the profile or is being distributed via it, Aesthetic Brands GmbH is entitled to temporarily block it in whole or in part. Aesthetic Brands GmbH will inform the user about the third party's accusation, give the user the opportunity to comment and forward this to the third party. If the dispute cannot be clearly clarified in this way, the affected profile will be blocked. The user is not entitled to post the same or essentially the same content in the profile again.

§5 Personal data of the user

If the user's data, e.g. their e-mail address, changes, the user is obliged to inform Aesthetic Brands GmbH of the new data if this is necessary for the proper fulfillment of the contract.

As the person responsible within the meaning of Article 4 No. 7 of the General Data Protection Regulation (EU) 2016/679 (“GDPR”), we collect and process personal data within the scope of these General Terms and Conditions. This includes, among other things, contact details as well as data on orders placed and, if applicable, data on processing payment transactions. By collecting the personal data received as part of the conclusion and execution of the contract, we pursue the purpose of being able to fulfill our obligations under the contract or to be able to carry out pre-contractual measures. We are authorized to do this based on Article 6 Paragraph 1 Letter b of the GDPR. As a general rule, we do not pass on personal data to third parties. This usually only happens if the person concerned has consented to this or if we use so-called “processors” (Art. 4 No. 8 GDPR) or other third parties (Art. 4 No. 10 GDPR) to involve them is required in accordance with Article 6 Paragraph 1 Sentence 1 Letter b of the GDPR.

For further comprehensive information on data protection, we refer to our data protection declaration: https://wigg.io/de/datenschutz

§6 Backup copies, archiving, deletion, backup obligations of the user

  1. To ensure the proper operation of the tool, Aesthetic Brands GmbH will regularly make backup copies, which also include the content posted by the user and the data recorded by the user in the tool. In addition, Aesthetic Brands GmbH is entitled to make copies for archiving purposes and to store them for 12 months. If legal regulations require longer archiving, archiving will take place in accordance with these deadlines. The copies will then be deleted or otherwise destroyed.
  2. If Aesthetic Brands GmbH has a legitimate interest in further partial backup/partial archiving of content, e.g. if a third party has asserted claims against the user or Aesthetic Brands GmbH in connection with this user agreement, Aesthetic Brands GmbH is until In order to bring this dispute to a legally secure conclusion, we are entitled to maintain the partial backup/partial archiving.
  3. The user is obliged to regularly back up data recorded or stored via the tool in analogue or digital form.

§7 Defects of the tool, liability

  1. If Aesthetic Brands GmbH fraudulently conceals from the user a defect in the tool and/or its other services, it is obliged to compensate the user for any resulting damage.
  2. Otherwise, Aesthetic Brands GmbH is only responsible for intent and gross negligence.

§8 Free and paid use

A two-week test phase with all functions of the Basic subscription plan applies to all users.

  1. Free use for 14 days
    • If no subscription plan is selected after 14 days at the latest, content can no longer be distributed via the tool. The profile remains usable for a period of 6 months.
  2. Paid use
    • The cost of use varies depending on the subscription plan between €8.99 and €79.99 per month (including VAT), payable in advance and non-refundable.
    • Paid use allows content to be distributed via the tool with the upper limit of impressions associated with the selected subscription plan.

§9 Prices and payment

  1. In return for the services of “wigg”, a monthly fee of €8.99 to €79.99 must be paid. The fee is due monthly in advance.
  2. The fee is payable in advance and is non-refundable.
  3. Our prices stated on our website include the applicable statutory sales tax.
  4. In order to use “wigg”, the customer must select one of the specified payment methods. The customer authorizes Aesthetic Brands GmbH to charge the fee for the selected payment method. If a charge fails, e.g. because there is insufficient credit, the customer remains responsible for paying the fee.
  5. We generally offer the payment methods credit card and SEPA direct debit.
  6. When using a payment system from an external service provider, their general terms and conditions must be adhered to.

§10 Contract term

  1. Free use
    • There is no need for express termination; the user can delete their account independently and at any time in the settings.
    • After a period of 6 months without an active subscription plan, the profile will be automatically deleted.
  2. Paid use
    • The paid model with monthly billing can be canceled monthly at the end of the next month.
    • Termination must be made by email, in writing or via the website.
    • The right to extraordinary termination for good cause remains unaffected.

§11 Choice of law, miscellaneous

  1. German law applies.
  2. If a provision of this contract is or becomes invalid, the validity of the remaining provisions remains unaffected.