// terms_and_conditions
Terms & Conditions
Table of Contents
A. General Terms and Conditions with Customer Information
- Scope of Application
- Services of the Provider
- Changes to Services
- Conclusion of Contract
- Right of Withdrawal
- Granting of Rights of Use by the Provider
- Granting of Rights of Use by the Client
- Client Obligations
- Moderation and Restriction of Content
- Remuneration and Payment Terms
- Contract Term and Termination
- Switching Provider
- Liability for Defects
- Liability
- Indemnification
- Confidentiality
- Amendment to the Terms and Conditions
- Applicable Law, Place of Jurisdiction
- Alternative Dispute Resolution
B. Annex: Regulations for Switching Providers
- Scope of Application
- Definitions
- Pre-contractual Information
- Switching and Exit Plan
- Initiation of the Switching Process
- Transition Period
- Obligations of the Provider during the Switching Process
- Customer Obligations
- Data Recovery and Deletion
- Remuneration for the Switching Process and Exit Fees
- Completion of the Switching Process
- Termination of Contract
A. General Terms and Conditions with Customer Information
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Timo Leisengang, acting under “Timo Leisengang” (hereinafter referred to as “Provider”), apply to all contracts for the provision of services in the area of Software-as-a-Service (hereinafter referred to as ‘SaaS’) that a consumer or entrepreneur (hereinafter referred to as “Client”) concludes with the Provider with regard to the services presented by the Provider on its website. The subject matter of the contract is the provision of software (hereinafter referred to as “Software”) in digital form via the Internet for a fee and for a period limited to the term of the contract, as well as the provision of storage space on the Provider's servers. The inclusion of the Client's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.3 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.4 The Software may contain links to third-party services. These GTC do not apply to such services that are not provided by the Provider but by a third party. This also applies if the services are provided free of charge and/or if registration with the Provider is required for their use. These services are governed exclusively by the terms and conditions used by the third-party provider or the statutory provisions governing the relationship between the Client and the third-party provider. In this respect, the Provider merely facilitates technical access to these services.
2) Services of the Provider
2.1 The Provider shall provide the Client with Software in digital form via the Internet for the duration of the agreed contract period. To this end, the Provider shall enable the Client to access the Software, which shall remain on the Provider's server. The range of functions and technical specifications of the Software are described in more detail in the service description on the Provider's website. The Provider is only responsible for providing the Software with the functionalities defined in more detail in the service description. In particular, the Provider is not responsible for establishing and maintaining the data connection between the Client's IT system and the Provider's server.
2.2 The Software is updated by the Provider at irregular intervals. Accordingly, the Client only receives a right to use the software in its current version. The Client has no claim to the creation of a specific state of the Software.
2.3 The Provider shall provide the Client with limited storage space on its servers for the use of the Software. The amount of storage space is described in more detail in the service description on the Provider's website.
2.4 The Provider shall provide the aforementioned services with a total availability of 98%.
Availability is calculated on the basis of the time attributable to the respective calendar month during the contract period, minus maintenance times. The Provider shall carry out maintenance work during periods of low usage, as far as possible.
2.5 The Provider shall take state-of-the-art measures to ensure data security. However, the Provider shall not be subject to any duty of safekeeping or custody. The Client is responsible for ensuring adequate data security.
2.6 The Provider shall provide the Client with an operating manual in electronic form.
2.7 Unless otherwise specified in the service description on the Provider's website, the Provider shall not be obligated to provide any support beyond the contractual maintenance obligations for the Software.
3) Changes to Services
3.1 The Provider reserves the right to change the services offered or to offer different services, unless this is unreasonable for the Client.
3.2 The Provider also reserves the right to change the services offered or to offer different services
- if it is obliged to do so due to a change in the legal situation;
- if it does so in order to comply with a court ruling or an official decision against it;
- if the respective change is necessary to close existing security gaps;
- if the change is solely advantageous for the Client; or
- if the change is purely technical or procedural in nature and has no significant impact on the Client.
3.3 Changes that have only an insignificant impact on the Provider's services do not constitute changes to services within the meaning of this clause. This applies in particular to changes of a purely graphical nature and mere changes to the arrangement of functions.
4) Conclusion of Contract
4.1 The services described on the Provider's website do not constitute binding offers on the part of the Provider but are intended for the submission of a binding offer by the Client.
4.2 The Client can submit the offer using the online order form provided on the Provider's website. After entering their personal data, the Client submits a legally binding contractual offer with regard to the selected services by clicking the button that completes the ordering process.
4.3 The Provider may accept the Client's offer within five days
- by sending the Client a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Client is decisive, or
- by requesting payment from the Client after the Client has placed their order.
If several of the above alternatives apply, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the Client sends the offer and ends at the end of the fifth day following the sending of the offer. If the Provider does not accept the Client's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Client is no longer bound by their declaration of intent.
4.4 When submitting an offer via the Provider's online order form, the contract text is stored by the Provider after conclusion of the contract and transmitted to the Client in text form (e.g., e-mail, fax, or letter) after the Client has submitted their order. The Provider will not make the contract text available beyond this. If the Client has set up a user account for the Provider's website before sending their order, the order data will be archived on the Provider's website and can be accessed by the Client free of charge via their password-protected user account by entering the corresponding login data.
4.5 Before placing a binding order via the Provider's online order form, the Client can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Client can correct their entries using the usual keyboard and mouse functions until they click on the button that completes the ordering process.
4.6 The English language is available for the conclusion of the contract.
4.7 Order processing and contact are usually carried out by e-mail and automated order processing. The Client must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Provider can be received at this address. In particular, when using spam filters, the Client must ensure that all e-mails sent by the Provider or third parties commissioned by the Provider to process the order can be delivered.
5) Right of Withdrawal
Clients generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Provider's withdrawal policy.
6) Granting of Rights of Use by the Provider
The Provider is the owner of all rights of use required to provide the Software. Unless otherwise stated in the service description on the Provider's website, the Provider grants the Client the non-exclusive, non-transferable right to use the Software for private and business purposes within the scope of these GTC for the duration of the contract. Any use of the Software beyond this is not permitted.
7) Granting of Rights of Use by the Client
The Provider is entitled to use content and information provided to it by the Client for the service within the scope of its contractual obligations and whose processing is necessary for the proper provision of services. The Client grants the Provider, free of charge, non-exclusively and for the duration of the contract, the necessary rights of use, in particular the right to permanent provision and storage, the right to reproduction and the right to processing, and warrants that it is entitled to grant these rights of use.
8) Client Obligations
8.1 The Client shall ensure that the hardware and software used by them, including workstation computers, routers, data communication devices, etc., meets the minimum technical requirements for using the currently offered software version.
8.2 The Client is obliged to protect and store the access data provided to them in accordance with the state of the art against access by third parties. The Client shall ensure that use is only made to the extent contractually agreed. Unauthorized access by third parties must be reported to the provider immediately.
8.3 The Client may not store any data on the storage space provided whose use violates applicable law, official requirements or orders, the rights of third parties, or agreements with third parties.
8.4 The content stored by the Client in the storage space designated for them may be protected by data protection laws. The Client is responsible for checking whether their use of personal data complies with data protection requirements.
8.5 The Client is responsible for regularly performing appropriate data backups.
8.6 The Client is obligated to check their data and information for viruses or other harmful components before entering it and to use state-of-the-art measures (e.g., virus protection programs) for this purpose.
8.7 The Client shall ensure that any programs, scripts, or similar items installed by them do not jeopardize the operation of the Provider's server or communication network or the security and integrity of other data stored on the Provider's servers.
8.8 If programs, scripts, or similar items installed by the Client endanger or impair the operation of the server or the Provider's communication network or the security and integrity of other data stored on the Provider's servers, the Provider may deactivate or uninstall these programs, scripts, etc. If necessary to eliminate the threat or impairment, the Provider is also entitled to interrupt the connection of the content stored on the server to the Internet. The Provider will inform the Client of this measure without delay.
9) Moderation and Restriction of Content
9.1 The Provider is generally not obligated to proactively review content posted by Client for legality or compatibility with the rights of third parties or these GTC. Nevertheless, the Provider reserves the right to review the legality of Client content on its own initiative in individual cases and to take measures in accordance with the following provisions in the event of identified violations.
9.2 Clients and affected third parties can report suspected illegal content to the Provider using the contact information in the Provider's legal notice (e.g., by e-mail). The Provider is free to forward the content of a report to the Client who posted the reported content. The identity of the reporting person will only be disclosed to the Client if this is absolutely necessary.
9.3 In the case of reports and in the context of checks carried out on the Provider's own initiative, human content control is always carried out. In individual cases, automated technical testing procedures may also be used.
9.4 If, following a report or as part of an inspection on the Provider's own initiative, the illegality of content published by the Client is determined, the Provider is entitled, at its reasonable discretion, to take one or more of the following measures without prior notice or contact:
- Warning the Client who published the content,
- Temporary blocking or permanent deletion of the content in question,
- Temporary or permanent suspension of the contractual obligations,
- Termination of the contractual relationship (ordinary or extraordinary for good cause).
9.5 When choosing the measures to be taken, the Provider will take into account the principles of proportionality and weigh the interests of the Client concerned against its own interests in the unhindered, undisturbed, and honest continuation of its business activities.
9.6 If Clients frequently submit reports or complaints that are obviously unfounded, the Provider will suspend the processing of reports and complaints from these Clients for a reasonable period of time after issuing a prior warning.
10) Remuneration and Payment Terms
10.1 Unless otherwise stated in the Provider's service description, the prices quoted are total prices. Value Added Tax (VAT) is not charged because the Provider, as a small entrepreneur, is exempt from VAT.
10.2 The payment options and payment terms are communicated to the Client on the Provider's website.
10.3 If you select a payment method offered via the payment service “Stripe,” payment processing will be handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the Client on the Provider's website. Stripe may use other payment services to process payments, for which special payment terms may apply, which will be communicated to the Client separately if necessary. Further information about Stripe is available on the Internet at https://stripe.com/de.
11) Contract Term and Termination
11.1 The contract is concluded for an indefinite period and can be terminated by the Client at any time without notice and by the Provider with 14 days' notice.
11.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, considering all circumstances of the individual case and weighing the interests of both parties.
11.3 Terminations can be made in writing, in text form (e.g., by e-mail), or in electronic form using the termination feature (termination button) provided by the provider on its website.
11.4 Upon termination of the contract, the Client loses access to their user account. Furthermore, upon termination of the contract, the Provider's obligation to store the Client's uploaded data also expires.
12) Switching Provider
If the Client wishes to switch to another provider or to an ICT infrastructure on their own premises, the provisions in the Annex on changing providers, which is attached to these GTC as an appendix, shall apply.
13) Liability for Defects
If the Client is acting as a Consumer, the provisions of statutory liability for defects shall apply.
If the Client is acting as a Trader, the provisions of statutory liability for defects shall apply, subject to the following restrictions.
13.1 The Client must immediately notify the Provider of any defects, malfunctions, or damage that occur.
13.2 The statutory liability for defects for only minor reductions in the suitability of the service is excluded.
13.3 Strict liability pursuant to Section 536a (1) of the German Civil Code (BGB) for defects that already existed at the time the contract was concluded is excluded.
13.4 Termination by the Client due to failure to grant contractual use is only permissible if the Provider has been given sufficient opportunity to remedy the defect and this has failed.
14) Liability
14.1 The Provider shall be liable without limitation for any legal reason
- in the event of wilful intent or gross negligence,
- in the event of wilful or negligent injury to life, limb or health,
- based on a guarantee promise, unless otherwise regulated in this respect,
- due to mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).
14.2 Any further liability of the Provider is excluded.
14.3 The above liability provisions also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.
14.4 If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause.
15) Indemnification
The Client shall indemnify the Provider against all claims asserted against the Provider by other customers or other third parties due to infringement of their rights based on content posted by the Client or due to other use by the Client. The Client shall also bear the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This shall not apply if the Client is not responsible for the infringement.
16) Confidentiality
The Provider undertakes to maintain confidentiality regarding all confidential information that comes to its knowledge in connection with this contract and its implementation and not to disclose such information to third parties. The confidentiality obligation does not apply if the Provider is required by law or by a valid or final decision of an authority or court to disclose the confidential information.
17) Amendment to the Terms and Conditions
17.1 The Provider reserves the right to change these GTC at any time, provided that the Client agrees to the change.
17.2 The Provider also reserves the right to amend these GTC without the Client's consent
- if it is obliged to do so due to a change in the legal situation;
- if it does so in order to comply with a court ruling or an official decision against it;
- if it introduces additional, entirely new services or service elements that require a service description in the GTC, unless this adversely affects the previous usage relationship;
- if the change is solely advantageous for the Client; or
- if the change is purely technical or procedural, unless it has a significant impact on the Client.
17.3 The Provider shall inform the Client of any significant changes to these GTC in a timely manner and in an appropriate form.
17.4 The Client's right of termination remains unaffected by this.
18) Applicable Law, Place of Jurisdiction
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. For Consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the Consumer has his habitual residence is not withdrawn.
19) Alternative Dispute Resolution
The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
B. Annex: Regulations for Switching Providers
1) Scope of Application
The following provisions apply in the event that the Client wishes to switch to another provider or to an ICT infrastructure on its own premises.
2) Definitions
2.1 “Data processing service” within the meaning of these GTC is a digital service provided to the Client that enables comprehensive, on-demand network access to a shared pool of configurable, scalable, and elastic computing resources.
2.2 “Digital Assets” within the meaning of these GTC are elements in digital form — including applications — for which the Client has a right of use, regardless of the contractual relationship with the data processing service.
2.3 “ICT infrastructure on the Client's premises” refers to ICT infrastructure and computing resources that are owned, rented, or leased by the Client.
2.4 “Switching” within the meaning of these GTC is a process in which the Client switches from using the Provider's data processing service to another service, including through extraction, conversion, and uploading of the data.
2.5 “Exportable Data” refers to input and output data, including metadata, generated through the Client's use of the service, with the exception of assets protected by intellectual property rights or trade secrets of the Provider.
3) Pre-contractual Information
3.1 The Provider's online register with data structures and formats is available on the Provider's website.
3.2 Before ordering, the Provider shall provide the Client with clear information on switching fees, data categories, and any known risks to service continuity.
4) Switching and Exit Plan
The parties agree on a switching and exit plan including details of switching assistance, contact persons, time estimates, technical limitations, and proposed testing methods.
5) Initiation of the Switching Process
5.1 The Client must send the Provider a switching notification with two months' notice.
5.2 The Client must state whether they intend to switch to another provider, to local infrastructure, or to only delete their data.
5.3 The Provider shall confirm receipt within three business days.
6) Transition Period
6.1 The transition period is 30 calendar days, beginning after the notice period.
6.2 If technically unable to comply, the Provider must notify the Client within 14 working days with an alternative period not exceeding seven months.
6.3 The Client may extend the transition period once by up to three months, or longer by mutual agreement (up to 12 months).
7) Obligations of the Provider during the Switching Process
The Provider shall provide appropriate support throughout the switching process, maintain business continuity, and ensure a high level of security during data transmission.
8) Customer Obligations
The Client shall take all reasonable measures for an effective switch and is responsible for importing data into their own or the target provider's systems. The Client shall respect the Provider's intellectual property rights during the process.
9) Data Recovery and Deletion
9.1 The Client may retrieve or delete data during a 30 calendar day period following the transition period.
9.2 After this period, the Provider shall delete all Exportable Data and confirm deletion to the Client, except where retention is required by applicable law.
10) Remuneration for the Switching Process and Exit Fees
The Provider does not charge any additional fees for the switching process.
11) Completion of the Switching Process
Once the Client confirms successful completion, the Provider will inform them of contract termination. If no confirmation is received within 30 business days of the Provider's request, the switch is deemed unsuccessful and the contract continues.
12) Termination of Contract
The contract is considered terminated upon successful completion of the switching process, or after the notice period if the Client only wishes to delete data. The right to ordinary termination for other reasons remains unaffected.