Legal
Terms of Use
Last updated:
1. Scope and Business Customers Only
1.1 These Terms of Use govern the use of the platform provided at
boilerplatepress.com ("Platform") by Oliver Riechert, Wiesenstraße 71,
29525 Uelzen, Germany ("we", "us").
1.2 The Platform is directed exclusively at businesses within the meaning of
Sec. 14 of the German Civil Code (BGB) — that is, natural or legal persons acting
in the exercise of their trade, business or profession. We do not enter into
contracts with consumers within the meaning of Sec. 13 BGB.
1.3 By registering, you confirm that you are acting as a business or
self-employed professional and not as a consumer. We are entitled to request
evidence of this and to refuse or terminate registration if the confirmation is
evidently incorrect.
1.4 These Terms apply to the exclusion of any conflicting terms of the user. Such
terms do not become part of the agreement even if we do not expressly object to
them.
2. Subject Matter of the Agreement
2.1 We provide the Platform free of charge. It allows registered users to create,
maintain and publish product pages ("Listings") for boilerplates, starter kits and
comparable software products.
2.2 There is no entitlement to the provision of the Platform, to any particular
scope of functions, to any particular availability, or to any particular reach,
visibility, ranking or number of visitors. We may modify, restrict or discontinue
functions of the Platform at any time; Section 14 applies to changes affecting the
contractual relationship.
2.3 Because the Platform is provided free of charge, no claim to a specific
performance arises from the mere fact that a function has been available in the
past.
3. Registration and Account
3.1 Use of the Platform requires registration. Registration and login are
passwordless: you receive a one-time login link by email each time you sign in.
3.2 You must provide accurate and complete information upon registration and
keep it up to date. This applies in particular to your email address, which we
use to send login links and any notifications provided for in these Terms.
3.3 The account is personal to you. You must not allow third parties to use your
access. You are responsible for all activity carried out through your account
unless you demonstrate that the use was not attributable to you.
3.4 You must notify us without undue delay if you become aware that a third party
has gained access to your account.
4. Rights You Grant to Us
4.1 You grant us a non-exclusive, royalty-free, worldwide right to use the
texts, images, logos, screenshots, links and other content you submit
("User Content") for the purpose of operating, presenting and distributing the
Platform and our network of websites.
4.2 The right granted expressly includes:
a) Reproduction, distribution and making available to the public on the
Platform and on our other websites, and in our newsletters;
b) Editing and modification to the extent technically required for
presentation — in particular scaling, cropping, format conversion, compression
and the generation of preview images, thumbnails and excerpts;
c) The right to grant sublicences to service providers and network partners
involved in the operation, delivery or distribution of the Platform, limited
to the purposes set out in this Section 4;
d) Continued validity for copies already distributed. If a Listing is
deleted, the rights granted under this Section 4 continue to apply to copies
already distributed at that time — in particular newsletters already sent,
caches and third-party archives. This continuation is limited to the existing
copies and does not entitle us to any new distribution.
e) Editorial use of the information submitted. The right to use the
information contained in your User Content — in particular product features,
prices, licence terms, supported platforms and availability — as the basis for
articles, overviews and comparisons written by us, and to publish these on our
network of websites and in our newsletters. This includes adapting and
rewriting submitted descriptions for that purpose. Any text produced in this
way is our own editorial content; your Listing on the Platform remains
unaffected.
4.3 The right granted is limited in time to the term of this agreement, subject
to Section 4.2 (d).
4.4 You remain the owner of the rights in your User Content. Nothing in this
Section 4 transfers ownership.
4.5 Processing of account data. We process your account data exclusively in
order to provide the Platform and to comply with legal requirements. Listings are
published at your instruction. Details are set out in our Privacy Policy.
5. Your Representations
5.1 You represent and warrant that:
a) you hold all rights required to submit the User Content and to grant the
rights set out in Section 4;
b) the User Content does not infringe any third-party rights, in particular
copyright, trade mark, name, design, personality or competition rights;
c) the User Content does not violate any statutory provision and is not
otherwise unlawful;
d) all factual statements in the User Content are accurate — this applies in
particular to prices, licence terms, scope of functions and availability;
e) you will update the User Content without undue delay if it becomes
inaccurate.
5.2 You are solely responsible for the content of your Listings. We do not adopt
User Content as our own.
6. Indemnification
6.1 You shall indemnify us against all third-party claims asserted against us on
the basis of your User Content or a breach of these Terms by you, including
reasonable costs of legal defence at statutory rates.
6.2 We will notify you without undue delay of any such claim, give you the
opportunity to comment and will not acknowledge the claim without your consent.
6.3 This does not apply where you are not responsible for the breach of duty.
7. Prohibited Content
7.1 The following may not be submitted, published or linked to via the Platform:
a) content that is unlawful or infringes third-party rights;
b) gambling, betting and comparable games of chance;
c) pornographic and erotic content;
d) crypto assets, token sales, and offers promising financial returns;
e) political advertising and content within the meaning of Regulation
(EU) 2024/900;
f) tobacco, e-cigarettes, narcotics, weapons and prescription medicines;
g) content that is discriminatory, glorifies violence, or is otherwise
inconsistent with human dignity;
h) misleading or deceptive offers, in particular incorrect price or licence
statements, invented reviews, and content that conceals the identity of the
provider;
i) malware, phishing, and links to pages of that nature;
j) content that is not related to software products, developer tools or
comparable subject matter and therefore does not fit the purpose of the
Platform;
k) automated mass submissions and duplicate Listings for the same product.
7.2 We may amend this list in accordance with Section 14.
8. Review, Moderation and Removal
8.1 Review prior to publication. Listings are reviewed by us before they are
published. Publication takes place only after release by us. There is no
entitlement to release or to release within a particular period.
8.2 Scope of the review. The review is limited to formal and legal criteria —
completeness of the mandatory fields, technical requirements as to format and
file size, a functioning target link, and manifest unlawfulness or a manifest
breach of Section 7. The review does not constitute any editorial selection or
assessment of quality, and we do not review the accuracy of the statements made
in a Listing. Section 5 remains unaffected.
8.3 Measures. We may, at our reasonable discretion:
a) refuse to release a Listing;
b) request that a Listing be amended;
c) remove or block access to a published Listing;
d) restrict the visibility or distribution of a Listing;
e) restrict or suspend your account, or terminate it in accordance with
Section 13.
8.4 Grounds for a measure are in particular a breach of Section 5 or 7, an
order by a competent authority or court, a substantiated notice under Section 9,
or a compelling technical or security-related reason.
8.5 Statement of reasons. Where we take a measure under Section 8.3 in
respect of your Listing or your account, we will inform you of the measure and
provide a clear and specific statement of reasons in accordance with Art. 17 of
Regulation (EU) 2022/2065 (Digital Services Act), stating the facts relied upon,
the ground for the decision, and the provision of these Terms on which it is
based. The statement of reasons may be brief and may refer to the relevant
subsection of Section 7.
8.6 A measure under Section 8.3 does not give rise to any claim for compensation.
9. Notice and Action
9.1 Any person may notify us of content on the Platform which they consider to
be unlawful. The notice can be submitted to
hello@boilerplatepress.com.
9.2 In order for us to be able to assess a notice, it should contain a
sufficiently substantiated explanation of why the content is considered unlawful,
the exact electronic location of the content, the name and email address of the
notifying person, and a statement confirming the good faith belief that the
information is accurate and complete.
9.3 We will confirm receipt of the notice without undue delay, decide on it in a
timely, diligent, non-arbitrary and objective manner, and inform the notifying
person of our decision and of the redress possibilities available.
9.4 Our point of contact under Art. 11 and 12 of Regulation (EU) 2022/2065 is
stated in our Legal Notice.
10. Outgoing Links
We reserve the right to provide outgoing links contained in Listings with the
attributes rel="nofollow" and/or rel="sponsored". No entitlement to a link
without such attributes exists.
11. Availability
11.1 We do not warrant any particular availability of the Platform. In
particular, no service levels are agreed.
11.2 We may carry out maintenance work at any time and temporarily restrict
availability for that purpose. Where foreseeable, we will announce planned
maintenance work involving substantial restrictions in advance by suitable means.
11.3 Data backup. You are responsible for keeping your own copies of your
User Content. We are under no obligation to back up data for your benefit and do
not warrant that deleted content can be restored.
12. Liability
12.1 We are liable without limitation for intent and gross negligence, and for
damage arising from injury to life, body or health.
12.2 Because the Platform is provided free of charge, our liability is otherwise
limited to intent and gross negligence. In particular, we are not liable for
simple negligence in respect of loss of data, loss of profit, loss of reach or
other financial loss.
12.3 Liability under a guarantee expressly given by us and liability under the
German Product Liability Act remain unaffected.
12.4 The above limitations also apply in favour of our legal representatives,
employees and agents.
13. Term and Termination
13.1 The agreement is concluded for an indefinite term.
13.2 You may delete individual Listings and your entire account at any time
and without notice.
13.3 We may terminate the agreement by giving 30 days' notice, without cause.
13.4 The right of either party to terminate for cause remains unaffected
(Sec. 314 BGB). Cause for termination by us exists in particular in the event of
a material breach of Section 5 or 7, or of repeated breaches following a
warning.
13.5 Upon termination taking effect, we delete your account and your Listings.
Section 4.2 (d) and statutory retention obligations remain unaffected.
14. Changes to these Terms
14.1 We may amend these Terms where this is necessary in order to take account of
changes in the law or in case law, changes to the functions of the Platform, or
security requirements, and where the amendment does not upset the balance of the
agreement to your disadvantage.
14.2 We will notify you of the amendment by email at least six weeks before
it is to take effect. The notification will set out the amended provisions and
draw your attention to the consequences described in Section 14.3.
14.3 You may object to the amendment, or terminate the agreement with effect
from the date on which the amendment is to take effect, up to that date. If you
neither object nor terminate and continue to use the Platform after the amendment
takes effect, the amendment is deemed to be agreed. We will expressly draw your
attention to this consequence in the notification.
15. No Data Processing Agreement
Each party is a controller in its own right in respect of the personal data it
processes. The use of the Platform does not involve processing on behalf of the
other party. Accordingly, no data processing agreement pursuant to Art. 28 GDPR
is concluded.
16. Miscellaneous
16.1 Governing law. These Terms are governed by German law, excluding the UN
Convention on Contracts for the International Sale of Goods.
16.2 Place of jurisdiction. To the extent permitted by law, the exclusive
place of jurisdiction for all disputes arising out of or in connection with this
agreement is our registered office. This applies in any event where you have no
general place of jurisdiction in Germany, where you relocate your domicile or
habitual residence outside Germany after conclusion of the agreement, or where
your domicile or habitual residence is unknown at the time the action is
brought.
16.3 Limitation period. Claims against us become time-barred one year after
the statutory limitation period commences. This does not apply to claims based on
intent or gross negligence, to claims arising from injury to life, body or
health, or to claims under a guarantee or the German Product Liability Act.
16.4 Set-off and retention. You may set off only claims that are undisputed,
acknowledged by us, or established by a final and binding judgment. You may
exercise a right of retention only in respect of counterclaims arising from the
same contractual relationship.
16.5 Force majeure. Neither party is liable for non-performance caused by
circumstances beyond its control which it could not have averted by reasonable
means — in particular natural events, war, acts of terrorism, industrial action,
official measures, epidemics, and failures of upstream telecommunications or
energy networks. The affected party will inform the other party without undue
delay.
16.6 References. We may name you, using your company name and logo, as a
reference on our websites and in our materials. You may object to this at any
time by notice to us.
16.7 Language. The language of the agreement is English. Where translations
are provided, the English version prevails.
16.8 Severability. Should any provision of these Terms be or become invalid
or unenforceable, this shall not affect the validity of the remaining provisions.