Terms and Conditions
Version and scope
Version of 1 October 2026. These General Terms and Conditions (hereinafter the "Terms") apply to the use of the service Erseni Scan provided by Erseni Ltd, Archiepiskopou Makariou III, 59, 6017 Larnaca, Cyprus, registration number HE 487031, telephone +43 664 4367523, email hello@erseni.com (hereinafter "we"). Deviating terms of the customer do not apply, even if we do not expressly object to them.
A customer is anyone who uses the service with a user account. A consumer is a customer who concludes the contract for purposes that are predominantly outside their trade, business or profession; a trader (business customer) is a customer who, when concluding the contract, acts in the exercise of their trade, business or profession.
Anyone who uses the service without a user account uses it free of charge to the extent that the service offers without registration; the sections "Services", "Availability", "Obligations of the customer", "Liability" and "Final provisions" apply to them accordingly. A user account is required for business use.
Conclusion of the contract
The user contract for the free plan is concluded when the customer registers with reference to these Terms and confirms their email address. We store the time of registration; we retain every version of these Terms. The customer books a paid plan via our order page. There, the plan, scope of services, price, billing period and cancellation terms are displayed; until submitting the order, the customer can correct their entries using the input fields and the browser's back function. By clicking the "Subscribe with obligation to pay" button, the customer submits a binding offer; beforehand, they accept these Terms as well as the declarations regarding the commencement of performance before the end of the withdrawal period and the loss of the right of withdrawal; we request these declarations from every customer, for business customers they are without effect because they have no right of withdrawal. They then authorise the payment with the payment service provider. We accept the offer by activating the plan after authorisation and confirming this by email. The contract can be concluded in the languages in which these Terms are available. We have not submitted to any codes of conduct.
When these Terms are concluded, we store the contracting party, the version concluded, the language version and the time of conclusion, as well as the customer's declarations regarding the early commencement of performance with their wording, and we send the full text to the email address of the user account. The version currently in force is also available at Terms and Conditions.
Services
Erseni Scan checks publicly accessible websites by automated means for characteristics relating to data protection, security, accessibility and technology and presents the results as a report. Depending on the plan, further features are added, for example a PDF export, recurring monitoring of websites with notifications, access via an application programming interface (API) and a browser extension.
The reports are a technical snapshot taken from the perspective of a visitor. They do not replace legal advice or a complete audit; a report without findings does not mean that a website complies with the law. Scan results can be retrieved via a link that anyone who knows it can open, and may appear in public overviews of the service, for example in the list of recent scans. They contain information that the scanned website delivers publicly, assessments derived from it and publicly available information on the domain, certificate and hosting.
The scope of the individual plans is described on the Pricing page in the version that applied at the time of booking. We may change the service beyond what is necessary to maintain its conformity with the contract if there is a valid reason, in particular adaptation to a new technical environment, to changed legal requirements or to an increased number of users, the further development of the service or reasons of security. A change does not cause any additional costs for the customer; we inform the customer about it clearly and comprehensibly. If a change impairs the customer's access to the service or its usability for the customer more than insignificantly, we inform the customer by email at least 30 days in advance of the characteristics and timing of the change and of their right to terminate. The customer may then terminate the affected contract without notice within 30 days of receipt of the information or, if the change takes effect later, from that time; we refund on a pro rata basis any fees paid in advance for the period thereafter. The right to terminate does not exist if we enable the customer to continue using the service without the change and without additional costs.
An up-to-date browser with JavaScript enabled is sufficient to use the service; no special hardware or software is required. The browser extension is available for Chromium-based browsers.
Availability
We operate the service with due care. Where possible, we carry out maintenance work at times of low usage and announce longer interruptions in advance. We are not responsible for restrictions caused by disruptions of the internet or by circumstances beyond our control. The statutory rights of the consumer in the event of defects in the digital product remain unaffected.
Obligations of the customer
The customer keeps their access credentials and access keys secret and informs us without undue delay if they suspect misuse. The customer uses the service only within the framework of the applicable laws and these Terms.
The customer scans only websites that are publicly accessible and does not use the service in a way that overloads the scanned website or impairs its operation. It does not circumvent any technical limits on the number of scans and uses the API only within the limits stated for its plan. If it scans third-party websites on behalf of others, for example as an agency, it ensures that it is authorised to do so. If the customer has a website scanned without the required authorisation, it indemnifies us against third-party claims arising from this, in so far as it is responsible for the infringement. We may remove a scan result from the public overviews and block its public link if the operator of the website requests this or we are legally obliged to do so; the result remains accessible to the customer in its user account.
If the customer materially breaches these obligations, we may temporarily block access to the extent necessary to avert damage, and we inform the customer of this without undue delay. The right to extraordinary termination remains unaffected.
Paid plans, prices and payment
The prices of the paid plans are set out on the Pricing page and the order page at the time of booking. They include statutory VAT; traders with a valid VAT identification number in another Member State of the European Union are invoiced without VAT under the reverse charge procedure.
The fees are payable in advance for each billing period. Payment is processed by Stripe as payment service provider; the customer pays using the payment methods offered there. We provide invoices electronically.
A paid plan runs for the billing period stated at the time of booking and is renewed for the same period in each case unless it is cancelled. There is no minimum term beyond this. The customer can cancel it at any time with effect from the end of the current billing period: via the "Cancel contracts here" button in the footer of every page, which leads to the cancellation page, via the customer portal of the payment service provider or informally, for example by email to hello@erseni.com. We confirm receipt of the cancellation without undue delay by email, stating the time of receipt and the time at which the plan ends. Access to the paid features ends with the billing period already paid for; thereafter the user account continues on the free plan.
If a payment due cannot be collected, we send the customer a reminder by email and set a deadline of 14 days, which ends at the end of the day named in the email, German time (Europe/Berlin time zone). If the payment has still not been made by then, we cancel the plan at that time, void the open invoice and downgrade the user account to the free plan; the customer owes no fee for the unpaid billing period, and there is no pro rata billing. Further statutory claims arising from the default in payment remain unaffected.
A change in prices applies only to bookings made after its publication on the Pricing page. An ongoing plan keeps the price agreed when it was booked for as long as it continues without interruption.
Instructions on withdrawal for consumers
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Erseni Ltd, Archiepiskopou Makariou III, 59, 6017 Larnaca, Cyprus, telephone +43 664 4367523, email hello@erseni.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
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, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
- To Erseni Ltd, Archiepiskopou Makariou III, 59, 6017 Larnaca, Cyprus, email hello@erseni.com:
- I/We () hereby give notice that I/We () withdraw from my/our () contract for the provision of the following service ()
- Ordered on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
(*) Delete as appropriate.
Note on the commencement of performance during the withdrawal period
If the consumer expressly requests on the order page that we begin performance before the withdrawal period expires, in the event of withdrawal they owe the portion of the price attributable to the performance provided up to the withdrawal. The right of withdrawal expires if we have fully performed the service before the withdrawal period expires and the consumer has consented to the commencement and acknowledged that they will thereby lose their right of withdrawal. For an ongoing subscription, this is not the case within the withdrawal period.
Term and termination of the user account
The user contract for the user account runs for an indefinite period. The customer can end it at any time by deleting their user account. We can terminate the user contract by giving 30 days' notice in text form; we terminate an ongoing paid plan by ordinary notice no earlier than the end of its billing period. The right of both parties to extraordinary termination for good cause remains unaffected.
Data protection
How we process personal data for which we are ourselves the controller is described in our privacy policy. Where a trader transmits or processes personal data of third parties via the service, we process it on the trader's behalf. For this purpose, the trader concludes, before use, the data processing agreement that we provide in their user account; it applies on every plan. In the event of conflicts it takes precedence over these Terms in so far as it concerns the processing of personal data.
Liability
We are liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, for fraudulently concealed defects, in so far as we have given a guarantee, and under the mandatory provisions on liability for defective products and other mandatory statutory provisions.
In the case of simple negligence, we are liable only for the breach of a material contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the customer may regularly rely, and limited to the damage that is typical for the contract and foreseeable. Towards traders, liability in this case is additionally limited to the fees paid by the customer in the twelve months preceding the damaging event, but to no less than 500 euros. Otherwise, liability for simple negligence is excluded.
In the case of simple negligence, we are liable for the loss of data only up to the effort that would be required to restore it if the customer could reasonably have backed up the data themselves and had properly backed it up. The customer backs up any content it wishes to keep; the service is not an archive.
The above limitations also apply in favour of our employees and vicarious agents. For damage arising from the processing of personal data on our customer's behalf, the liability provisions of the data processing agreement take precedence.
Changes to these Terms
A new version of these Terms enters into force 42 days after its version date; we notify the customer of it, stating the version date and the day it enters into force, by email to the address of the user account. A new version that changes the rights and obligations of the customer or the services of a booked plan becomes effective for the customer only once they conclude it in their user account; if they do not conclude it, the previous version continues to apply to them, and either party may terminate the affected contract with effect from the entry into force of the new version; we refund on a pro rata basis any fees paid in advance for the period after termination. We notify purely editorial changes that do not affect rights and obligations without any conclusion being required.
Final provisions
This contract is governed by the laws of the Republic of Cyprus, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer, they retain the protection of the mandatory provisions of the law of the state in which they have their habitual residence. If the law of a consumer's habitual residence does not permit a choice of law, that law applies. Consumers may bring proceedings at their place of residence and may be sued only there. The exclusive place of jurisdiction for all disputes with traders, legal entities under public law and special funds under public law is Larnaca, Cyprus.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected; the invalid provision is replaced by the statutory provision.
These Terms are available in German and English. For traders, the German version prevails in the event of discrepancies between the language versions. Towards consumers, the version in the language in which the consumer concluded the contract applies.