Terms and Conditions

§ 1Scope

These terms apply to all use of webmcp-tool.com and to every contract between yawusa UG (haftungsbeschränkt), Schliemannstraße 23, 10437 Berlin (the „Provider“) and its customers (the „Customer“) concerning the agent readiness check and related implementation services. Full company details are in the imprint.

Differing, conflicting or supplementary terms of the Customer do not become part of the contract unless the Provider agrees to them expressly and in writing. Sending your terms with an enquiry is not such an agreement.

§ 2The free check

You submit a web address. The Provider requests that address the way a well-behaved crawler would, applies a documented set of checks to what comes back, and returns a score together with the evidence behind each result. The methodology is generated from the rule set that runs, so it describes the same checks your report was scored against.

The check is provided free of charge. No contract for continued availability arises from using it, and no account or subscription is created. The Provider may change, rate-limit, suspend or discontinue the check at any time.

A report is published at a stable address derived from the host that was checked. Anyone who knows that host name can open the summary; there is no secret in the link. Do not submit addresses whose mere existence is confidential.

§ 3Permitted use of the check

You may submit an address only where you are entitled to have it fetched — because it is yours, because you act for whoever it belongs to, or because it is a publicly reachable page that anyone may lawfully request.

You must not use the check to:

• reach hosts that are not meant to be public. Bare IP addresses, localhost and private network ranges are refused by the software, and attempting to work around that refusal breaches these terms whether or not it succeeds;
• generate load out of proportion to normal use — scripted bulk submission, parallel scanning of address lists, or any use that degrades the service for others;
• circumvent the daily limit, including by using further mailboxes at the same organisation;
• reproduce the check itself, whether by scraping reports at scale or by rebuilding the rule set as a competing service. Reading the published methodology and implementing your own checks is expressly permitted — that is why it is published.

The Provider may refuse or block any request, address or sender without prior notice. The findings about a site you control are yours to use, quote, publish and act on freely, including commercially and without attribution. You may not present a modified score as one of the Provider’s.

§ 4Paid services and formation of contract

Beyond the free check the Provider offers, in particular, assessment beyond the automated check, remediation of the problems it identifies, implementation of WebMCP tool sets and discovery documents, and ongoing monitoring. Nothing on this website is a binding offer for such work.

Offers by the Provider are subject to change and non-binding. A contract comes into existence only through the Provider’s written order confirmation or through commencement of performance. Offers are valid for 30 days unless stated otherwise. The precise scope of work is defined in the order confirmation or project contract, which takes precedence over these terms where the two differ.

§ 5Prices, payment and cooperation

All prices are net and exclusive of statutory VAT, and apply to the scope stated in the offer. Invoices are payable in full within 14 days of the invoice date. In the event of late payment, default interest of 9 percentage points above the base rate is charged. For projects running longer than 30 days, instalments may be agreed.

The Customer shall cooperate properly, in particular by providing the information, data and technical access required, naming qualified contacts, and responding to requests for decisions and approvals in good time. Delays caused by missing cooperation are not attributable to the Provider and extend agreed dates accordingly.

§ 6Warranty

For paid services the Provider warrants performance in accordance with the contract and the current state of the art. The warranty period is 12 months from acceptance. In the event of defects the Customer is first entitled to subsequent performance; if that fails, the Customer may at its option reduce the fee or withdraw from the contract.

For the free check no warranty is given. The score is an automated measurement of publicly observable signals, taken at one moment, from one page and a set of well-known paths. It is not a security assessment, not legal, accessibility or compliance advice, and not exhaustive: JavaScript is not executed, no login is performed, discovered tools are not invoked and the site is not crawled in full. The limits are stated openly. Detection is heuristic in places; every finding shows the header, path or count it was based on, so a disagreement can be settled. Where a rule is wrong the Provider will correct it and record the change.

§ 7Liability

The Provider is liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent a guarantee has been given.

In cases of slight negligence the Provider is liable only for breach of an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the Customer may routinely rely (a cardinal obligation). In such cases liability is limited to the foreseeable damage typical for this type of contract. Since the check is provided free of charge and yields information rather than an outcome, that amount is correspondingly modest.

Any further liability for slight negligence is excluded, in particular for indirect damage, lost profit and consequential loss. The Provider is not liable for decisions taken on the basis of a score, for work carried out because a report suggested it, or for a finding that proves to be wrong.

These limitations apply equally to the Provider’s legal representatives, employees and vicarious agents. They do not alter the burden of proof to the Customer’s disadvantage and do not affect mandatory statutory rights.

§ 8Data protection and confidentiality

Both parties shall keep confidential all information that becomes known to them in the course of the business relationship and is not public.

The Provider processes personal data in accordance with applicable data protection law. What is processed, on what legal basis and for how long is set out in the privacy notice.

§ 9Term and termination

Continuing contracts may be terminated by either party giving 30 days’ notice to the end of a month, unless otherwise agreed. The right to terminate for cause without notice remains unaffected. Use of the free check may be ceased at any time by simply stopping; the report link may be disabled on request.

§ 10Consumers

Where the Customer acts for purposes outside its trade, business or profession, the mandatory protections of the law at its habitual residence continue to apply and are not displaced by these terms, including the right to bring proceedings before the local court.

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

§ 11Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where the Customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction is Berlin. Section 10 governs for consumers.

Amendments and supplements to these terms require written form. Should a provision be or become ineffective, § 306 BGB applies: the remainder stays in force and the statutory rules take the place of the failed provision. The version published here at the time of use is the one that applies; amendments do not operate retroactively.