Terms of Service

1. General Provisions

• 1.1. By using the MoleHole Service, the User confirms their agreement to the conditions of these Terms.
• 1.2. The Seller reserves the right to make changes to the Terms without prior notice to the User.
• 1.3. Continued use of the Service after changes constitutes acceptance of the new conditions.
• 1.4. These Terms are an integral part of the Public Offer Agreement and the Privacy Policy. In case of discrepancies, the Offer conditions prevail; the Privacy Policy applies to matters of personal data processing.

2. Service Description

2.1. Nature of Activity

MoleHole is a web application for securing internet communication. The service is provided as Software-as-a-Service (SaaS).

2.2. MoleHole as Security Application

MoleHole is a web application system for securing internet communication. The application uses modern security technologies and enables users to securely access the internet. The server infrastructure serves as a technical platform for software delivery.

The system consists of the following software components:

2.3. Technical Provision

The server infrastructure is an integral part of the developed application system and serves the technical implementation of security functionality. Server operation occurs as part of the software service.

2.4. Automatic Configuration

Based on the selected parameters, a configuration is automatically created that considers the following settings:

• Geographic requirements (location)
• Security protocol and security method
• Device compatibility
• Data volume and speed

2.5. Ongoing Development and Maintenance

The system is continuously developed and maintained:

• Implementation of new security protocols
• Adaptation to changing network conditions
• Performance optimization
• Security updates
• Feature development based on user feedback

3. Registration and Security

• 3.1. Registration may be required to access the full functionality of the Service.
• 3.2. The User is responsible for the security of their account data and access keys.
• 3.3. The Seller is not responsible for the consequences of unauthorized access to the User's account.

4. Payment and Plans

• 4.1. Services are provided on a paid basis according to the selected plan.
• 4.2. All payments are made through secure payment systems.
• 4.3. A refund is possible in accordance with the refund policy. The service is considered rendered upon providing access to the server infrastructure and the possibility of a secure connection; changes or discontinuation of experimental features are not grounds for a refund.

Refunds are made in accordance with the Refund Policy and the conditions of the Public Offer Agreement.

4.4. Invoicing

• 4.4.1. Upon request, we provide entrepreneurs with an invoice containing all information required by § 14 UStG. The invoice includes the VAT identification number (DE454574964) and enables input tax deduction.
• 4.4.2. Private customers receive an automatic payment confirmation from the payment provider.
• 4.4.3. For invoices, please contact: [email protected].

5. Liability of Parties

The Seller makes reasonable efforts to maintain the functionality of the Service; availability depends on the functioning of third parties (Data Centers, ISPs, Payment and Messenger Platforms). Short interruptions due to maintenance, accidents, data transmission/protocol blocks, actions/inactions of third parties, and/or regulatory requirements are permissible and are not considered a failure to provide services.

The User is responsible for complying with the laws of their country/region when using the Service and for the content sent/received. The Seller is not liable for the inability to use the Service for reasons beyond its control, including outages by providers, restrictive measures by government authorities, and platform owners.

5.3. The operator provides Software-as-a-Service (SaaS) within the meaning of § 18 EStG. Liability for slight negligence is limited to the contract-typical, foreseeable damage.

5.4. Liability for lost profit, indirect damages, and consequential damages is excluded unless caused by intent or gross negligence.

5.5. Maximum liability is limited to the amount of the fee paid for the respective billing period.

6. Confidentiality

The Seller undertakes not to disclose the User's personal data, except in cases provided by law. Details on personal data processing are set out in the Privacy Policy.

7. Age Restrictions and Resale Ban

• 7.1. The Service is not intended for persons under 16 years of age. By using the Service, the User confirms that they are 16 years of age or older; otherwise, use of the Service is prohibited.
• 7.2. It is prohibited to resell, transfer, rent, publish, or otherwise provide access to the account, keys, configurations, or QR codes to third parties. Use is permitted only for personal purposes within the selected plan.

8. Acceptable Use (AUP)

The User undertakes to use the Service in compliance with applicable laws and not to infringe upon the rights of third parties. The User is responsible for the content of transmitted and received data and for compliance with the laws of their country/region.

It is prohibited to use the Service for:

• Mass mailing of spam, DDoS attacks, port scanning, password cracking, malware distribution;
• Using P2P protocols (e.g., BitTorrent).
• Copyright and other rights violations;
• Distribution of extremist, terrorist, pornographic, and other prohibited materials;
• Violating security measures and access controls;
• Cryptocurrency mining without agreement.

It is prohibited to create an abnormally high load on the Service infrastructure. If abnormal data activity is detected, the Service reserves the right to restrict or terminate the provision of services without a refund. It is prohibited to transfer, resell, or share access keys, configurations, or QR codes with third parties; shared use beyond the selected plan is not allowed.

9. Suspension and Termination

The Seller is entitled to suspend or restrict the provision of services without prior notice and, if necessary, terminate access in cases of:

• (a) violation of these Terms, Section 8 (AUP), or the law;
• (b) transfer/resale of access to third parties;
• (c) untimely payment;
• (d) detection or justified suspicion of fraud or actions causing damage to the Seller's or third parties' infrastructure;
• (e) initiating a payment dispute (chargeback);
• (f) receiving mandatory requirements from rights holders, providers, regulators, courts, or law enforcement agencies.

10. Force Majeure

The Parties are released from liability for partial or complete failure to fulfill their obligations under the Terms if such failure is caused by circumstances of force majeure that the Parties could not foresee or prevent (including, but not limited to: accidents and disruptions in power grids and communication networks, mass Internet failures, DDoS attacks, acts/actions of government authorities, blocks by providers and platform owners, strikes, natural disasters, military actions, emergencies).

The Party for which impossibility of fulfillment has arisen is obliged to notify the other Party within a reasonable time; the period for fulfilling obligations is extended for the duration of the specified circumstances and their consequences.

11. Blocks and Restrictions by Third Parties

The Service is not responsible for restrictions, blocks, filtering, and other actions by government authorities, ISPs, data centers, and other third parties. The User is aware that such restrictions may completely or partially hinder the operation of the Service.

Nevertheless, the Service makes reasonable efforts to maintain the operation of paid services for as long as technically possible. The Service does not guarantee constant availability of IP addresses and servers.

12. Dispute Resolution and Final Provisions

12.1. The Parties establish a mandatory pre-trial (claim) settlement procedure: the claim is sent by email to [email protected], response time — 10 (ten) calendar days.

12.2. These Terms are governed by the law of the Federal Republic of Germany. All disputes are subject to resolution in the courts at the Seller's place of registration, unless otherwise provided by imperative norms of consumer protection laws.

12.3. If any provision of the Terms is recognized as invalid, this does not affect the validity of the remaining provisions.

13. Legal Classification of Activity

13.1. Legal Form of Activity

The provision of MoleHole occurs as Software-as-a-Service (SaaS). This activity falls under § 18 Abs. 1 Nr. 1 EStG (liberal professions).

13.2. MoleHole as Software Solution

MoleHole is an independently developed application system. Provision occurs as a software service (not as merchandise sales or commercial operation).

13.3. Distinction from Commercial Activity

The activity does not constitute a commercial service under § 15 EStG because:

• The software is independently developed and maintained
• The software enables different configurations
• The software was developed at a professional technical level
• No standardized mass products are sold

13.4. Technical Infrastructure as Tool

The servers and network components used are technical tools for implementing the developed software, comparable to databases, cloud storage, or third-party APIs.

13.5. Distinction from Hosting/Provider

The provider does not operate a hosting business or telecommunication services in the regulatory sense. The server infrastructure serves exclusively the technical implementation of the software.