Terms of Service

1. Scope and Provider

1.1. These General Terms and Conditions (“Terms”) govern the use of the web-based software-as-a-service platform “Showcel” (the “Service”), operated by:

MEDIENSTÜRMER GbR
represented by Felix Stürmer & Florian Stocker
Würzstr. 1, 81371 München, Germany
Email: [email protected]
VAT ID: DE316916555
(hereinafter “Provider”, “we”, or “us”)

1.2. These Terms apply to all users of the Service, whether consumers (B2C) or entrepreneurs (B2B) within the meaning of the German Civil Code (BGB). Where specific provisions apply only to consumers or only to entrepreneurs, this is expressly stated.

1.3. By creating an account or using the Service, the user (“Customer”, “you”) accepts these Terms. Deviating terms of the Customer are not recognized unless expressly agreed in writing.

1.4. The Provider may amend these Terms with at least four weeks' notice via email. Material amendments (in particular changes to the scope of services, pricing, or liability provisions) require the Customer's express consent. The Provider will present such amendments clearly and request active confirmation upon the Customer's next login. If the Customer does not consent to material amendments, the existing Terms shall continue to apply; however, the Provider may then terminate the contract with 30 days' notice to the end of the current billing period. Non-material amendments (e.g., corrections, clarifications, or adaptations to changes in law) may take effect without express consent, provided the Customer is notified in advance.

2. Description of the Service

2.1. Showcel is a cloud-based website monitoring platform that provides the following core functionalities:

• Automated website screenshot capture at configurable intervals
• Visual change detection through pixel-level comparison of screenshots
• AI-powered change analysis and summaries
• SEO health monitoring and scoring
• Email notifications for detected changes
• Team collaboration features with role-based access
• Sitemap-based bulk URL import
• Screenshot history and archival

2.2. The specific features and usage limits available to the Customer depend on the subscription plan selected. Details of each plan (including screenshot quotas, monitoring target limits, minimum monitoring frequency, and retention periods) are described on the pricing page at www.showcel.com/pricing and form part of these Terms.

2.3. The Provider continuously develops the Service and may modify, extend, or discontinue individual features at any time, provided that the core functionality of the subscribed plan is not materially impaired. Significant changes will be communicated with reasonable notice.

3. Registration and User Account

3.1. Use of the Service requires registration and creation of a user account. The Customer must provide truthful and complete information during registration.

3.2. The Customer is responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their account. The Customer must notify the Provider immediately of any unauthorized use of their account.

3.3. Each natural person may only maintain one free account. The Provider reserves the right to delete duplicate free accounts.

3.4. The Customer must be at least 18 years of age or have the consent of a legal guardian to use the Service.

4. Subscription Plans, Fees, and Payment

4.1. Plan Structure

The Service is offered in the following plan categories:

• Personal Plans: Free, Basic (€10/month or €120/year), Advanced (€25/month or €300/year)
• Business Plans: Pro (€50/month or €500/year), Ultra (€150/month or €1,800/year), Max (€250/month or €3,000/year)
• Enterprise / Unlimited: Individual pricing upon request

All prices are inclusive of the applicable statutory value added tax (VAT).

4.2. Free Plan

The Free plan provides limited access to the Service at no charge. The Provider reserves the right to modify the scope of the Free plan or discontinue it at any time with 30 days’ prior notice. The Free plan does not constitute a paid contractual relationship and may be terminated by either party at any time without notice.

4.3. Payment

Payment for paid plans is processed through our payment service provider Stripe (Stripe Payments Europe, Ltd.). By subscribing to a paid plan, the Customer agrees to Stripe’s terms of service. Payment is due in advance at the beginning of each billing period (monthly or annually, depending on the selected plan).

4.4. Price Changes

The Provider may adjust prices for paid plans with at least 30 days’ notice before the next billing period. The Customer may terminate the contract before the price change takes effect. Continued use after the effective date constitutes acceptance of the new price.

4.5. Failed Payments

In the event of a failed payment, the Provider will attempt to collect payment again. If payment cannot be collected within 14 days, the Provider may suspend the Customer’s access to paid features or downgrade the account to the Free plan until payment is received.

5. Contract Duration and Termination

5.1. Contract Duration

The contract for paid plans is concluded for the selected billing period (one month or one year). The contract automatically renews for successive periods of the same duration unless terminated by either party.

5.2. Ordinary Termination

• Monthly plans: May be terminated at any time, effective at the end of the current monthly billing period.
• Annual plans: May be terminated with at least 30 days’ notice before the end of the current annual billing period.
• Free plan: May be terminated by either party at any time without notice.

Termination can be effected through the account settings within the Service or by written notice (email to [email protected]).

5.3. Extraordinary Termination

The right to extraordinary termination for good cause remains unaffected. Good cause for extraordinary termination by the Provider includes, but is not limited to: material breach of these Terms, use of the Service for illegal purposes, or actions that endanger the stability or security of the Service.

5.4. Effects of Termination

Upon termination of the contract:

• Access to paid features ceases at the end of the paid period.
• The Customer’s data (including screenshots, monitoring targets, and project settings) will be retained for a period of 30 days following the effective date of termination.
• After the 30-day retention period, all Customer data will be permanently and irrevocably deleted. The Provider is not obligated to maintain backups beyond this period.
• The Customer may export their data (project settings, monitoring target configurations, and screenshot metadata) through the Service’s account settings or by requesting a data export via email to [email protected] during the retention period. The Provider will fulfil such requests within 14 days.

6. Right of Withdrawal (Consumers Only)

6.1. If you are a consumer within the meaning of § 13 BGB (German Civil Code), you have the right to withdraw from the contract within 14 days of its conclusion without giving any reason.

6.2. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., an email to [email protected]). You may use the model withdrawal form provided below, but it is not obligatory.

6.3. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of such reimbursement.

6.4. If you requested that the Service begins during the withdrawal period, you shall pay us an amount proportional to the services provided up to the point at which you communicated to us your withdrawal from this contract.

Model withdrawal form

(If you wish to withdraw from the contract, please fill in this form and return it to us.)

• To: MEDIENSTÜRMER GbR, Würzstr. 1, 81371 München, Email: [email protected]
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: Showcel [plan name]
• Ordered on (*) / received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.

7. Service Scope: Availability and Nature of Monitoring Results

7.1. Agreed Service Availability

The agreed scope of the Service does not include any specific level of availability, uptime, or response time. The Service is provided without any service level agreement (SLA). The Customer acknowledges that the nature of a cloud-based monitoring service entails that temporary interruptions may occur due to maintenance, updates, technical incidents, or external factors. Such interruptions do not constitute a defect of the Service.

7.2. Nature and Limitations of Monitoring Results

The parties agree that the monitoring results generated by the Service — including screenshots, change detection reports, AI-generated analyses, SEO scores, and notifications — are approximations and technical snapshots that may differ from the actual state of the monitored websites. The agreed service quality does not include:

• Pixel-perfect visual reproduction of monitored websites under all circumstances
• Detection of every change occurring on a monitored website
• Guaranteed accuracy or completeness of AI-generated change analyses
• Guaranteed accuracy of SEO scores, metrics, or health assessments
• Guaranteed delivery or timeliness of change notifications

The nature of website monitoring inherently involves variables beyond the Provider's control, including but not limited to: dynamic content, client-side rendering, cookie consent mechanisms, geographic content variations, A/B testing on target sites, JavaScript execution differences, and third-party content loading. These factors are not defects of the Service but inherent characteristics of web monitoring technology.

7.3. Intended Use as Supplementary Tool

The Service is designed and intended as a supplementary information tool. The agreed scope of the Service expressly does not include suitability for the following purposes:

• Sole or primary basis for assessing the operational stability, availability, or security of any system
• Sole or primary basis for verifying compliance with legal, regulatory, or contractual obligations
• Business-critical monitoring where the failure to detect a change could directly result in financial loss, personal harm, or legal liability
• Any use case requiring guaranteed accuracy, completeness, or timeliness of monitoring data

The Customer is responsible for independently verifying any information provided by the Service before relying on it for business decisions or actions. The Service does not replace dedicated uptime monitoring, professional auditing, manual quality assurance, or any other specialized monitoring solution.

7.4. Third-Party Dependencies

The Service relies on the availability and proper functioning of third-party infrastructure, including cloud hosting providers, browser rendering engines, AI analysis services, email delivery services, and payment processors. Disruptions originating from these third-party services are beyond the Provider's sphere of control and do not constitute a defect of the Service. The Provider will make commercially reasonable efforts to minimize the impact of third-party disruptions.

8. Limitation of Liability

8.1. The Provider shall be liable without limitation for damages arising from injury to life, body, or health, and for damages caused by intentional misconduct or gross negligence, as well as in cases of mandatory statutory liability (e.g., under the German Product Liability Act).

8.2. In the case of a slightly negligent breach of a material contractual obligation (cardinal obligation), the Provider’s liability shall be limited to the foreseeable, contract-typical damage. Material contractual obligations are those whose fulfilment is essential to the proper execution of the contract and on whose compliance the Customer may regularly rely.

8.3. In the cases described in Section 8.2, the Provider’s aggregate liability shall be limited to the total fees paid by the Customer during the twelve (12) months preceding the event giving rise to the claim. For free accounts, the Provider’s liability under Section 8.2 is limited to €100.

8.4. The Provider shall not be liable for indirect damages, consequential damages, lost profits, loss of data (beyond the obligations set out in these Terms), or loss of business opportunities, except in cases of intentional misconduct or gross negligence.

8.5. The above limitations of liability also apply to the personal liability of the Provider’s employees, representatives, and agents.

8.6. The Provider shall not be liable for the content of websites monitored by the Customer or for any infringement of third-party rights caused by the Customer’s use of the Service.

9. Customer Obligations and Acceptable Use

9.1. The Customer shall use the Service only in compliance with applicable laws and these Terms.

9.2. The Customer is prohibited from:

• Using the Service to monitor websites in violation of applicable laws, third-party rights, or the terms of use of the monitored websites
• Attempting to circumvent usage limits, quotas, or technical restrictions of the Service
• Using the Service in a manner that could impair the performance or availability of the Service for other users
• Reverse engineering, decompiling, or disassembling any part of the Service
• Reselling, sublicensing, or providing access to the Service to third parties without the Provider’s prior written consent
• Using the Service for competitive intelligence gathering against the Provider

9.3. The Customer is responsible for ensuring that their use of the Service, including the monitoring of third-party websites, complies with all applicable data protection laws (including GDPR) and does not infringe upon the rights of third parties.

9.4. In the event of a breach of these obligations, the Provider may suspend or terminate the Customer’s account in accordance with Section 5.3.

10. Data Protection

10.1. The Provider processes personal data in accordance with the applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

10.2. Details on the collection, processing, and use of personal data can be found in our Privacy Policy, which forms an integral part of these Terms.

10.3. The Customer acknowledges that screenshots captured by the Service may contain personal data visible on the monitored websites. The Customer is solely responsible for ensuring that the monitoring of such websites and the capture of such data is lawful under applicable data protection laws.

10.4. Where the Provider processes personal data on behalf of the Customer (order processing within the meaning of Art. 28 GDPR), the Data Processing Agreement (DPA) published at www.showcel.com/dpa applies and forms an integral part of these Terms. By using the Service, the Customer accepts the DPA. The DPA fulfils the requirements of Art. 28 GDPR.

11. Intellectual Property

11.1. The Service, including its software, design, algorithms, documentation, and all related intellectual property rights, remains the exclusive property of the Provider.

11.2. The Customer is granted a non-exclusive, non-transferable, revocable right to use the Service for the duration of the contract in accordance with these Terms.

11.3. Screenshots and monitoring data generated through the Customer’s use of the Service belong to the Customer. The Provider does not claim any ownership rights over the Customer’s data.

11.4. The Customer grants the Provider a limited, non-exclusive right to process the Customer’s data solely for the purpose of providing and improving the Service.

12. Force Majeure

The Provider shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay results from circumstances beyond the Provider’s reasonable control, including but not limited to: natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, power outages, internet or telecommunications failures, cyberattacks, or failures of third-party services.

13. Final Provisions

13.1. Governing Law: These Terms shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, mandatory consumer protection provisions of the country of the consumer’s habitual residence shall remain unaffected.

13.2. Jurisdiction: For disputes arising from or in connection with these Terms, the exclusive place of jurisdiction shall be Munich, Germany, provided the Customer is an entrepreneur, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany. For consumers, the statutory provisions on jurisdiction apply.

13.3. Severability: Should any provision of these Terms be or become invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

13.4. Entire Agreement: These Terms, together with the Privacy Policy and the plan description on the pricing page, constitute the entire agreement between the Provider and the Customer regarding the use of the Service.

13.5. Language: These Terms are provided in English and German. In the event of any discrepancy between the two versions, the German version shall prevail.

13.6. EU Online Dispute Resolution: The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. We are not obligated and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.