Language notice. This is an English translation of the MeterGate Terms of Service provided for convenience. The German version is the sole legally authoritative text (§ 1 (5)). In case of any discrepancy between the two versions, the German version prevails. The German version is available at /agb.
As of 24 September 2026 · Authoritative language: German · What changed most recently
(1) These General Terms and Conditions apply to the use of the platform MeterGate, available at metergate.dev (hereinafter the “Platform”), operated by Jan Ebert, business name MeterGate, Hainholzweg 63a, 21077 Hamburg, Germany (hereinafter the “Operator”, “we”).
(2) Application programming interfaces (APIs) are made available via the Platform against payment on a usage-dependent basis. The individual API service originates from a third party (the “Provider”); the Operator makes it available to the user (the “Buyer”) in its own name for the account of the Provider. Further details on the position of the Operator are governed by § 3.
(3) The Platform is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code). Upon registration, Users confirm by a separate, express declaration that they use the Platform in the exercise of their commercial or independent professional activity and not as consumers. Use by consumers (§ 13 BGB) is neither intended nor permitted. The Operator verifies entrepreneur status — in particular for Buyers and for Providers domiciled outside Germany by checking a valid VAT identification number in the confirmation procedure (VIES/MIAS) — and is entitled to refuse or terminate registration or use if entrepreneur status does not exist or is not evidenced.
(4) Supplementary or deviating terms of the User do not become part of the contract unless we expressly consent to their application in text form.
(5) The language of the contract and of communication is German. Further language versions of these Terms are translations provided for comprehension; where they differ from the German version, the German version applies.
(6) The version of these Terms valid at the time the contract is concluded shall govern.
Within the meaning of these Terms:
(1) The Operator operates a platform through which API services of third parties can be obtained on a usage-dependent basis. It provides the technical infrastructure, records usage by counting it (metering), performs the billing and issues the accounting documents.
(2) In the distribution of the API services, the Operator acts in its own name for the account of the respective Provider (commission business, Kommissionsgeschäft, §§ 383, 406 HGB (German Commercial Code); supply of services through a commission agent within the meaning of § 3 (11) UStG (German Value Added Tax Act)). The contract on the use of the API service is accordingly concluded between the Operator and the Buyer. The Provider renders its service to the Operator; no direct contractual relationship concerning the API service arises between Provider and Buyer.
(3) Condition (Beschaffenheit). What is owed is the API service in the condition in which the Provider makes it available and describes it in the catalogue of the Platform (scope of functions, permitted methods, input and output schema, price, call and credit limits). Characteristics going beyond this description are not promised. No assurance of particular results, of a particular substantive accuracy or of the suitability of the response data for a particular purpose is associated with the provision.
(4) Remedies for defects and assignment. In the event of defects in the API service, the Buyer is entitled to the statutory remedies against the Operator. At the same time, the Operator assigns to the Buyer those claims against the Provider which the Operator holds under the commission relationship (Kommissionsverhältnis) in respect of the services called by that Buyer (§ 398 BGB — German Civil Code); the assignment is limited to those claims and covers them only up to the amount the Buyer owes for the call concerned. The Buyer accepts the assignment. The Buyer may assert the assigned claims with priority but is not obliged to do so; the Buyer's rights against the Operator remain unaffected in full and continue to exist in particular where the assigned claim does not exist, is not enforceable, or had already been assigned to another Buyer. In all other respects, the liability of the Operator is governed by § 12.
(5) Routing (Durchleitung). The Operator forwards the Buyer's requests unchanged to the Provider's interface and returns the Provider's response unchanged to the Buyer. No substantive review, processing, enrichment or modification takes place; the contents of the response data are not stored. Only metadata per call are recorded (time, status code, latency, price, allocation). Responsibility for content is governed by § 9a.
(6) Naming of the Provider. The Provider is named in the catalogue, in the invoice and in every delivered server response (header X-Provider). This naming serves transparency and the allocation of the assigned claims; it does not alter the position of the Operator under paragraph 2.
(7) The Operator does not owe any particular composition of the Offering and no inclusion or retention of individual Providers or products. § 13 remains unaffected.
(1) Use requires a user account. By submitting the registration form, the User makes an offer to conclude a usage agreement concerning the Platform; the contract is concluded upon activation of the account or confirmation by the Operator. The usage agreement concerning the Platform is to be distinguished from the individual contracts on the use of an API service (§ 3 (2), § 4a); both are concluded with the Operator.
(2) The User warrants that its information is true and complete and keeps it up to date. Vis-à-vis the Operator, the data required for performance of the contract, for compliance with statutory reporting and due diligence obligations and for tax registration must be provided truthfully. This includes in particular, for Buyers and for Providers domiciled outside Germany, a valid VAT identification number; the Operator is entitled to verify it via the confirmation procedure (VIES/MIAS).
(3) The User is obliged to keep access data and access keys (API keys) confidential and to protect them against access by third parties. Calls initiated via the access key are deemed to have been initiated by the User. In case of suspected misuse, the Operator must be informed without undue delay; the User may block access keys at any time.
(4) As a rule, one account is permitted per User. By registering, the User accepts these Terms and confirms having taken note of the privacy policy. Acceptance is given by active confirmation (checkbox) and is recorded.
(5) There is no entitlement to registration or to activation as a Provider.
(1) Before using a chargeable API for the first time, the Buyer expressly selects the relevant Offering (Subscription). With the Subscription, the usage agreement concerning the API service is concluded between the Buyer and the Operator (§ 3 (2)). The Subscription at the same time determines the credit limit; it is fixed upon conclusion and does not change for an existing Subscription. The billing period is uniformly the calendar month for all Subscriptions (§ 5 (4)).
(2) The Subscription requires that the Buyer has registered a means of payment (§ 5) and that the Offering is publicly activated (§ 7). The Operator may refuse the conclusion of a Subscription if these requirements are not met.
(3) With the Subscription, the Buyer at the same time grants the authorisation required under data protection law for engaging the respective Provider as a sub-processor (Art. 28 (2) GDPR); further details are governed by the data processing agreement (§ 15a).
(4) The Buyer may terminate a Subscription at any time with effect for the future (termination of the Subscription). Calls already incurred and not yet billed — including calls that remain open from earlier billing periods under § 5 (11) — are not affected thereby and are billed in accordance with § 5 (2) and (12).
(1) The use of chargeable APIs takes place under the postpaid procedure: the Buyer registers a means of payment with the payment service provider once (card, card-on-file). No prepaid balance is paid in and none is maintained.
(2) Every successful call is counted and allocated to the current billing period. The price applicable per call is determined by the Provider and displayed to the Buyer before use. At the end of the billing period, the amounts incurred are billed in bundled form; for small amounts, § 5 (11) applies. Bundling takes place per pair of Buyer and Provider: for each Provider whose offerings the Buyer used during the billing period, a separate settlement with its own accounting documents is created. If a Buyer uses offerings of several Providers, several settlements arise accordingly.
(3) Payment route and discharge. The Buyer does not pay the call fee to the Operator, but, upon the Operator's instruction, directly into the Provider's account with the payment service provider (direct charge). Upon receipt in that account, the Operator's claim against the Buyer is extinguished in full (§ 362 (2) BGB); the Buyer is not called upon a second time. For this purpose the Provider maintains its own contract with the payment service provider (connected account) and is the payee within the meaning of payment services law. The share attributable to the Operator (commission fee, § 6) is technically retained as a platform fee in this process. Within the scope of this payment process, the Operator obtains neither possession of nor power of disposal over the funds of the Buyer or of the Provider; there is no pooled or trust account. It merely triggers the billing technically (§ 5 (4)). The VAT supply chain (§ 3 (2), § 6 (4)) remains unaffected by the payment route.
(4) The Buyer authorises the Operator to technically trigger the bundled charge at the end of the billing period via the payment service provider (recurring payment from the registered card). This authorisation is expressly confirmed and recorded before the means of payment is registered. The billing period is the calendar month; it ends upon expiry of the last day of the month and begins anew on the first day of the month. It is the same for all Offerings and Subscriptions; no differing determination by the Provider takes place. No interest-free deferral of payment beyond the billing period is granted; the later settlement of small amounts under § 5 (11) is not a deferral of payment for consideration but a deferral of the settlement. The claim to the fee arises upon the call; it falls due upon settlement.
(5) Credit limit. § 5a (3) applies to the upper limit for calls not yet billed per Subscription.
(6) Failed calls are not charged. A call is deemed to have failed if the Provider's interface does not respond or its response cannot be delivered: on timeout or connection error, on server-side errors of the Provider (HTTP status codes 500 to 599), on responses exceeding the Operator's size limit or carrying an impermissible content type, and where the response no longer reaches the Buyer because the Buyer closed the connection before delivery. A response delivered by the Provider with a status code in the class 400 to 499 (for example 400, 401, 403, 404, 429) is not a failed call: it is counted and charged, because the Provider's interface has responded. Whether a call was charged is stated by the Operator in a machine-readable form in every response in the X-Metered header (true: charged, false: not charged). Failed calls are not counted and are not included in the billing.
(7) Payment default. If the Buyer does not pay, no claim of the Provider to the share attributable to it arises; to that extent the Provider bears the economic risk of default (§ 6 (2)). In the event of unsuccessful billing or payment default, the Operator may suspend the relevant Buyer's access to the affected API (blocking of the access key or suspension of the Subscription). The Buyer's payment obligation towards the Operator remains in existence; the Operator's statutory rights due to default in payment remain unaffected.
(8) Invoice to the Buyer. For the billed calls, the Operator issues an invoice to the Buyer covering the full call fee. The issuer of the invoice is the Operator. The invoice is made available in the user account under “Invoices” and is kept permanently retrievable there.
(9) Settlement vis-à-vis the Provider. The Operator settles the share to which the Provider is entitled by way of a self-billed invoice (Gutschrift, § 14 (2) sentence 5 UStG). As long as the Provider does not object to the respective self-billed invoice under paragraph 10, it does not issue an invoice of its own for this. The self-billed invoice is made available to it in the user account. The Operator's commission fee (§ 6 (1)) is not consideration for a separate service rendered by the Operator to the Provider, but a deduction from the call fee which reduces the consideration for the service rendered by the Provider to the Operator; the Operator does not settle it separately and does not state any value added tax in respect of it.
(10) Objection to the self-billed invoice. The Provider may object to a self-billed invoice (§ 14 (2) sentence 6 UStG). The objection is not subject to any formal requirement; so that it can be allocated, the Provider should raise it via Support and name the self-billed invoice concerned. Upon receipt of the objection by the Operator, the self-billed invoice loses its effect as an invoice; the objection takes effect from that point in time and not retroactively. The objection affects neither the services rendered, nor the claims of the parties, nor the settlement and the invoice vis-à-vis the Buyer. The Provider's claim to its share (§ 6 (1)) continues to exist in its amount; the parties agree on how it is settled for the period concerned. The information the Provider needs for an invoice of its own to the Operator (period of performance, consideration, tax rate, description of the service) follows from the self-billed invoice objected to, which remains available in the user account. For Providers established in the rest of the Community territory, the Operator itself owes the value added tax on the Provider's service (§ 13b UStG); the objection does not change this. An objection covers only the self-billed invoices to which it relates; for future periods, settlement by self-billed invoice continues to apply unless the Provider declares otherwise.
(11) Small amounts; later settlement. If the sum of the call fees incurred in a billing period for a pair of Buyer and Provider does not reach EUR 0.50, no settlement is made for that period. The claims do not thereby lapse: the calls remain open and are settled together with the next settlement of the same pair as soon as the threshold is reached, and at the latest under paragraph 12; the accounting document then states the period of performance covered and lists the calls for each calendar month separately (§ 31 (4) UStDV). The threshold relates to the full call fee before deduction of the commission fee and applies per Provider, not per Subscription. If the Buyer or the Provider is established in another Member State of the European Union, no aggregation takes place: for such a pair every calendar month is settled and documented; if the amount is below the payment service provider's minimum, it is collected together with the next charge for this Provider.
(12) Latest settlement; lapse. At the latest on the last day of the fifth calendar month following the calendar month of the oldest open call, the Operator settles the open calls of the pair, even if the threshold under paragraph 11 has not been reached; the statutory period for issuing the invoice (§ 14 (2) sentence 2 half-sentence 1 UStG) is thereby observed in every case. If all Subscriptions of the pair have ended or the Buyer's user account has been closed, the Operator settles at the latest by the end of the following calendar month. Settlement under this paragraph is made by charging the registered means of payment (§ 5 (4)). For a pair under paragraph 11 sentence 4, the collection of the amounts already documented but not yet charged takes the place of the settlement. Only if the open amount including value added tax falls below the minimum amount the payment service provider requires for a charge (currently EUR 0.50), so that a charge is not possible for that reason, do the claim against the Buyer, the Provider's share and the Operator's deduction under § 6 (1) lapse at the same time; no accounting document is issued. In that case the Operator retains no amount attributable to lapsed calls; claims for unjust enrichment remain unaffected. For a pair under paragraph 11 sentence 4 the accounting document has already been issued; if the claim lapses under this paragraph, the Operator corrects it by cancellation documents. If the charge fails for other reasons, § 5 (7) applies.
(13) The Operator does not store complete payment data; payment processing and the storage of the means of payment take place at the payment service provider (see privacy policy).
(1) All prices and limit amounts stated on the Platform are net amounts. Value added tax is added insofar as it is incurred by law. For Buyers domiciled in the rest of the Community territory who are entrepreneurs, the tax liability passes to the Buyer (reverse charge procedure); in this case the Operator does not show German value added tax.
(2) The price per call is determined by the Provider and shown in the catalogue. Price changes take effect only for calls after they enter into force; they do not affect periods already billed.
(3) Credit limit. For each Subscription, the upper limit fixed upon conclusion applies to calls not yet billed within a billing period. Once it is reached, further calls are rejected until the next billing. The upper limit limits the risk of default borne by the Provider under § 6 (2); it is therefore determined by the Provider.
(4) Spending limit per access key. The Buyer may set a spending limit for each access key. It applies per calendar month and is recalculated on the first day of the month. Once it is reached, further calls with that key are rejected until the end of the month. The limit is a self-imposed restriction of the Buyer; it does not affect the validity of calls already made or the payment obligation for them.
(5) Rejections under paragraphs 3 and 4 do not constitute a defect in the service. The Operator states the reason in the response in machine-readable form.
(6) Test phase. Until billing starts, calls are not charged; no claim arises for them, not even afterwards. The Operator notifies all Users of the start of billing in text form at least 14 days in advance; the notification states the day. From that day the prices shown in the catalogue and the limits under paragraphs 3 and 4 apply.
(1) If a charge already billed is reversed — in particular by refund or by a chargeback of the payment service provider — the Operator issues an offsetting cancellation invoice to the Buyer and an offsetting cancellation self-billed invoice (Storno-Gutschrift) to the Provider. The original accounting document remains unchanged in existence. If a chargeback is decided in the Operator's favour, the Operator reinstates the settlement: it issues a new invoice to the Buyer and a new self-billed invoice to the Provider, each referring to the cancellation document; the reinstatement takes effect at the time of the decision (§ 17 (2) no. 1 sentence 2 UStG).
(2) The reversal takes effect for the period in which it is carried out, not retroactively for the original billing period (§ 17 (1) UStG). Partial reversals are possible; they reduce the amounts pro rata.
(3) Suspension only after a decision. The mere opening of a chargeback procedure does not lead to suspension; the Operator awaits its outcome. If, within twelve months, two chargeback procedures concerning payments of this Buyer to the same Provider have been concluded with the result that the charge remains permanently reversed, the Operator may suspend that Buyer's Subscriptions with that Provider. Voluntary refunds by the Provider, cancellations by the Operator and procedures not yet decided do not count. The Operator informs the Buyer of the suspension and of its grounds in the user account and in the response to every rejected call; § 9 (3) applies. The suspension ends as soon as the underlying decisions have been set aside, or as soon as the Operator determines after review that the matter has been resolved; the Buyer may request that review via Support. § 5 (7) applies accordingly.
(4) Effect on the shares. To the extent of the reversal, the Provider's claim to the share attributable to it lapses; to the same extent the Operator's deduction under § 6 (1) (commission fee) also lapses. Both shares share the fate of the reversed transaction. This does not apply to the Provider's share to the extent that the reversal is based on a breach of a duty incumbent on the Operator; in that case the Provider's claim continues to exist, while the Operator's deduction lapses nonetheless. If the Provider's share has already been returned via the payment service provider at the expense of its account, the balance has thereby been settled; otherwise the Provider refunds the overpaid amount to the Buyer without undue delay, as a rule via the payment service provider; the refund discharges the Operator at the same time (§ 267 BGB). A deduction already retained as a platform fee which has lapsed under sentence 1 is paid over by the Operator to the Provider. The Operator does not charge a separate handling fee; the fees of the payment service provider are borne by the Provider pursuant to § 6 (3), unless they were caused by a breach of duty on the part of the Operator.
(5) No refund for services rendered. An API service that has been called and delivered cannot be returned; no claim to a refund arises from its use alone. The Buyer's statutory claims remain unaffected, in particular the rights in respect of defects under § 3 (4) and § 12, claims based on incorrect counting or double charging of calls, claims for unjust enrichment and claims for damages. Failed calls are not charged pursuant to § 5 (6). The Buyer may object to the counting and to the settlement; the Operator examines the objection on the basis of its records (itemised call record) and refunds amounts charged in excess. If the Operator exceptionally refunds a service already rendered because the card network reports a suspicion of card misuse, this is done to protect the holder of the card charged; paragraph 4 applies accordingly, the matter does not count as a procedure within the meaning of paragraph 3, and it does not establish a right of withdrawal or return for the Buyer.
(1) Of the call fee, 15 % remain with the Operator as the commission fee for carrying out the commission business. The Provider is entitled to the remaining 85 %; these are credited to it in accordance with § 5 (9). The share is retained upon billing.
(2) No assumption of liability for the Buyer's payment. The Operator does not guarantee that the Buyer pays (no del credere, § 394 HGB). It does not advance any amounts, does not purchase receivables and does not engage in debt collection. If a billing remains unsuccessful, no claim of the Provider to the affected share arises; the Provider bears the risk of default. For that reason the Provider itself determines the credit limit (§ 5a (3)).
(3) The fees of the payment service provider are borne by the Provider.
(4) Value added tax treatment. The Operator treats the distribution of the API services as a supply of services through a commission agent (§ 3 (11) UStG) and bases its output supply to the Buyer on the full call fee. If the tax authorities assess this classification differently, the Operator will adjust the billing and the accounting documents accordingly for future periods; accounting documents already issued remain unaffected.
(5) The Operator is taxed under the general rules; it does not apply the small business scheme under § 19 UStG. All prices are stated net; statutory value added tax is added where it applies (§ 5a (1)).
(1) The Provider ensures that its listed API is functional and delivers the stated service, and keeps the information (description, schema, price, availability) up to date. If the Operator's automatic reachability check fails to reach the interface of an Offering three times in a row, the Operator temporarily removes the Offering from the public catalogue and notifies the Provider; this measure is taken by automated means (Art. 17 (3) (c) DSA). The Offering returns to the catalogue as soon as a check succeeds again; existing Subscriptions remain unaffected. § 9 (3) applies.
(2) The Provider warrants that the API made available by it and its contents are free of third-party rights and do not infringe applicable law (in particular no unlawful content, no content harmful to minors and no content infringing personality rights, copyright or data protection law). In particular, the Provider ensures that the information it stores (catalogue entry, description, sample data) contains no personal data of third parties and no special categories of personal data (Art. 9 GDPR), insofar as there is no legal basis for this. The Operator reviews catalogue entries prior to their publication by suitable technical and organisational means for obvious personal data and reserves the right to reject or remove entries. The Operator reserves no rights of use or exploitation in the catalogue content stored by the Provider beyond the operation of the Platform.
(3) The Provider renders its service to the Operator (§ 3 (2)) and is responsible for compliance with the legal obligations incumbent upon it under this commission relationship, in particular for the accuracy of its catalogue information, for its data protection obligations (§ 15a) and for its own tax obligations arising from the service rendered to the Operator.
(4) If, within the scope of the calls routed through the Platform, the Provider processes personal data of the Buyer or of the Buyer's end users, this takes place as a sub-processor of the Buyer in accordance with the data processing agreement (§ 15a). The Provider undertakes to comply with the technical and organisational measures set out therein.
(5) The Provider indemnifies the Operator against claims of third parties resulting from a culpable breach of these obligations or from the API service made available by it, including reasonable costs of legal defence. Further statutory claims remain unaffected.
(6) Activation. The public visibility of an Offering requires completed Provider onboarding including identity and tax information. Providers domiciled outside Germany evidence a VAT identification number confirmed in the confirmation procedure (VIES/MIAS) (§ 4 (2)). Since that procedure is available only for Member States of the European Union, the public activation of Offerings from Providers domiciled outside the European Union is currently suspended. Offerings that have been created remain stored and can be activated as soon as the Operator opens an evidencing procedure for the state concerned. There is no entitlement to activation.
(1) The Buyer uses the Platform and the APIs retrieved exclusively within the framework of applicable law and within the condition described in the catalogue for the respective Offering (§ 3 (3)).
(2) The following are prohibited in particular: circumvention or manipulation of the metering and billing mechanisms, automated attacks, attempts to cause overload, obtaining unauthorised access, passing on access keys to unauthorised persons, and any use for unlawful purposes.
(3) The Buyer ensures that it is entitled to transmit the data processed by it via the API. The Buyer is responsible for the content transmitted via the API (§ 15a).
(4) In the event of breaches, the Operator may take the measures set out in § 11.
(1) The Operator provides an electronic procedure through which Users and third parties can report allegedly unlawful content or APIs (notice mechanism under Art. 16 DSA). Incoming notices are reviewed. Notices are pre-screened by automated means; in the case of accumulated notices weighted by trustworthiness, access to an Offering may be provisionally blocked by automated means (Art. 17 (3) (c) DSA). Review by a human follows; paragraph 3 applies.
(2) If the Operator obtains knowledge of unlawful content, it removes or disables access to it to the extent required by law.
(3) If the Operator takes measures against a User or a listed Offering (e.g. suspension), it informs the affected User of the reasons insofar as provided for by law (statement of reasons, Art. 17 DSA). The User may object to the measure by message to our support; the Operator decides on the objection after review.
(4) As a micro or small enterprise, the Operator is exempt from certain extended platform obligations of the DSA (Art. 19 DSA); the basic obligations for intermediary services remain unaffected.
(5) The transparency obligations for AI systems under Art. 50 of Regulation (EU) 2024/1689 (AI Act) apply to the respective Provider as provider or deployer of the AI system, not to the Operator of the Platform; the Operator routes the requests and responses unchanged and is neither provider nor deployer of the AI systems distributed via the Platform. Providers making AI-supported APIs available give a self-declaration during onboarding as to whether their API (a) interacts with natural persons, (b) generates or modifies synthetic image, audio, video or text content, or (c) employs emotion recognition or biometric categorisation, and undertake to fulfil the respectively applicable obligations of Art. 50 AI Act themselves. The Provider indemnifies the Operator against claims resulting from a breach of these obligations.
(1) The Provider is solely and fully responsible for the content, data and services made available via its interface (API). It warrants that these are free of third-party rights, do not infringe any statutory provisions (in particular not criminal law, copyright, data protection, competition or youth protection law) and that it holds all necessary rights and permissions.
(2) MeterGate routes the responses of the Provider's interface through to the Buyer unchanged and without substantive review (neutral intermediation/mere conduit within the meaning of Art. 4 et seq. of Regulation (EU) 2022/2065 – Digital Services Act). MeterGate is not obliged to generally monitor the routed content (Art. 8 DSA) and assumes no warranty for its accuracy, lawfulness or suitability. This classification concerns exclusively the obligations under the Digital Services Act; it does not change the position of the Operator under § 3 (2) (acting in its own name for the account of another, § 3 (11) UStG).
(3) The Provider indemnifies MeterGate against all claims of third parties or authorities arising from the content made available by it or from its unlawfulness, including the reasonable costs of legal defence. If MeterGate is held liable on account of such content, the Provider supports MeterGate without undue delay and makes available the information required for the defence.
(4) MeterGate is entitled, upon knowledge of unlawful content or upon official order, to disable access to the affected Offering without undue delay (notice and action procedure, Art. 16/17 DSA; technical emergency stop). Claims of the Provider on account of such a suspension are excluded insofar as MeterGate does not act intentionally or with gross negligence.
(5) These provisions apply exclusively in business dealings between entrepreneurs (B2B).
(1) Buyers may review an Offering once they have actually used it and it has been billed. The Operator verifies this requirement technically; reviews without evidenced use are not possible. One review is possible per Buyer and Offering; it can be amended.
(2) The Operator may hide reviews that infringe § 8, contain manifestly untrue statements of fact or evidently do not concern the use. § 9 applies accordingly.
(3) The Operator states an availability and reliability rating for Offerings. It is based exclusively on automatically collected measurements (reachability, success rate, response time, usage volume) and is not a promise of any particular availability.
(4) The ranking of Offerings in the catalogue is determined by the match with the search query as well as by the values under paragraph 3 and the reviews under paragraph 1. No paid preferential treatment takes place.
(1) The Platform is directed exclusively at entrepreneurs (§ 1 (3)). There is no consumer right of withdrawal, as no consumer contracts are concluded.
(2) Should a User act as a consumer contrary to § 1 (3), the Operator is entitled to terminate the usage agreement and to close the account. Any mandatory statutory rights of a User nevertheless acting as a consumer remain unaffected.
(3) Duties in electronic commerce. The duties under § 312i (1) sentence 1 nos. 1 to 3 and sentence 2 of the German Civil Code (Bürgerliches Gesetzbuch) are excluded by agreement (§ 312i (2) sentence 2 of the German Civil Code). In particular, the Operator does not owe any separate technical means for identifying and correcting input errors, any communication of the information specified in Artikel 246c of the Introductory Act to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche), or any separate confirmation of receipt of an order. The duty under § 312i (1) sentence 1 no. 4 of the German Civil Code remains unaffected; these Terms may be retrieved at any time and stored in a form capable of reproduction.
(1) The usage agreement concerning the Platform is concluded for an indefinite period. Both parties may terminate it at any time without stating reasons with effect for the future (ordinary termination). Termination by the User takes place via the account function or by message to the support form or by e-mail to info@metergate.dev. Termination of the Platform contract at the same time ends the existing Subscriptions; § 4a (4) and § 5 (2) and (12) (billing of outstanding calls) apply accordingly.
(2) The right to extraordinary termination for good cause remains unaffected. For the Operator, good cause exists in particular in the case of substantial or repeated breaches of these Terms.
(3) In the event of breaches, the Operator may, depending on severity: issue a warning, suspend individual Offerings or functions, temporarily suspend the access key or the account, or terminate extraordinarily. § 9 (3) (statement of reasons, objection) applies accordingly.
(4) The deletion or retention of data after termination is governed by the privacy policy and by statutory retention obligations (in particular under commercial and tax law, up to ten years).
(1) The Operator is liable without limitation for intent and gross negligence as well as for damage arising from injury to life, body or health.
(2) In the case of simple negligence, the Operator is liable only in the event of a breach of a material contractual obligation (wesentliche Vertragspflicht, cardinal obligation). Material contractual obligations are those obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the User regularly relies and may rely. In this case, liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded.
(3) For the API service, the Operator is liable in accordance with paragraphs 1 and 2 and subject to § 3 (3) and (4). The Operator is not liable for the substantive accuracy, completeness and currency of the data supplied by the Provider's interface; they are not subject to any substantive review by the Operator (§ 3 (5), § 9a).
(4) In all other respects, liability is excluded.
(5) Liability under the ProdHaftG (German Product Liability Act) remains unaffected.
(6) Insofar as the liability of the Operator is excluded or limited, this also applies to the personal liability of vicarious agents.
(1) The Operator endeavours to keep the Platform available, but does not owe any particular availability. Maintenance, further development and technical faults may lead to interruptions. The liability of the Operator in the event of interruptions is governed by § 12; in particular, liability for intent and gross negligence (§ 12 (1)) and liability for the breach of material contractual obligations (§ 12 (2)) remain unaffected.
(2) The Operator may further develop the Platform and change individual functions, insofar as this is reasonable for the User and does not substantially restrict the core of the service.
(3) No access fee. The Operator does not charge any separate fee for access to the Platform and for keeping it available. Its remuneration arises exclusively on a usage-dependent basis as the commission fee from billed calls (§ 6). Failed calls are not charged (§ 5 (6)). Paragraphs 1 and 2 take account of this circumstance.
(1) The Operator may amend these Terms with effect for the future. An amendment takes effect on the first day of a calendar quarter and is communicated to the User in text form (e-mail) at least 30 days in advance; the notification states the content of the amendment, the day on which it takes effect and where the amended wording can be accessed.
(2) The notification draws separate attention to the fact that the amendment is deemed accepted if the User does not object to it by the day on which it takes effect, and that until then the User may object or terminate the contract with effect from that day. The objection may be made in the User account.
(3) If the User does not object by the day on which the amendment takes effect, the amendment is deemed accepted. If the User objects, the contract ends on the day on which the amendment would take effect; until then the previous Terms apply. The objection has no other consequences.
(4) Paragraphs 2 and 3 do not apply to amendments of the fees including the commission (§ 6 (1)), of liability (§ 12), of the core of the service (§ 3) and of the agreement on settlement by self-billed invoice (§ 5 (9) and (10)). Such amendments take effect only with the User's express consent; if the User does not consent, the previous provisions continue to apply.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg, provided that the User is a merchant, a legal person under public law or a special fund under public law, or has no general place of jurisdiction in Germany.
(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of invalid provisions.
(1) The Operator processes personal data in accordance with the privacy policy.
(2) Insofar as the Operator, within the scope of the technical routing, processes personal data transmitted by the Buyer via the API on behalf of the Buyer, the data processing agreement (DPA) applies to this, which forms part of this contractual relationship as a separate agreement. Therein the Buyer is the controller, the Operator the processor and the respectively subscribed Provider the sub-processor (§ 4a (3)).
(3) For data that the Operator processes for its own purposes (in particular account, usage and billing data as well as the operation of the catalogue), the Operator is itself the controller; further details are governed by the privacy policy.
(4) The Buyer grants the authorisation to collect the billed fees before registering the means of payment by way of a separate declaration. Its wording is displayed to the Buyer there in full and is recorded with time and version. Without this declaration, no means of payment is activated for charges.
The following changes affect neither the rights nor the obligations of the contracting parties. They are editorial and do not trigger a new version; existing acceptances continue to apply unchanged.