Zuletzt aktualisiert: 02.02.2025
The Provider makes the contractual services available, in particular access to the software, within its area of control (from the data center interface to the Internet). The scope of services, quality, intended purpose, and operating conditions of the contractual services are determined by the respective service description and, additionally, by the software operating manual.
Services beyond this, such as the development of customer-specific solutions or necessary customizations, require a separate contract.
The Provider may make updated versions of the software available. The Provider will inform the Customer of updated versions and corresponding usage instructions by electronic means and make them available accordingly.
The contractual services may only be used by the Customer and only for the purposes agreed in the contract. During the term of the contract, the Customer may access the contractual services via telecommunications (over the Internet) and use the functionalities associated with the software in accordance with the contract using a browser or other suitable application (e.g., âappâ). Beyond this, the Customer does not receive any rights, in particular to the software or any infrastructure services provided in the respective data center. Any further use requires the prior written consent of the Provider.
The Customer may not, in particular, use the software beyond the agreed scope of use, allow third parties to use it, or make it accessible to third parties. In particular, the Customer is not permitted to reproduce, sell, or temporarily transfer the software or parts thereof, or to rent or lend it.
The Provider is entitled to take reasonable technical measures to protect against non-contractual use. The contractual use of the services may not be impaired more than insignificantly as a result.
In the event of a user exceeding the scope of use in breach of contract or in the event of unauthorized transfer of use, the Customer shall, upon request, immediately provide the Provider with all information available to them for asserting claims due to the breach of contract, in particular the name and address of the user.
The Provider may revoke the Customerâs access authorization and/or terminate the contract if the Customer significantly exceeds the permitted use or violates regulations protecting against unauthorized use. In connection with this, the Provider may interrupt or block access to the contractual services. As a rule, the Provider shall first set the Customer a reasonable grace period for remedy. Revocation of the access authorization alone does not also constitute termination of the contract. The Provider may only maintain the revocation of the access authorization without termination for a reasonable period, maximum 3 months.
The Providerâs claim to compensation for use exceeding the agreed use remains unaffected.
The Customer is entitled to have the access authorization and access capability restored after demonstrating that they have ceased the breach of contract use and prevented future breach of contract use.
The availability of the provided services is determined by the service description.
In the event of only an insignificant reduction in the suitability of the services for contractual use, the Customer has no claims for defects. The Providerâs fault-independent liability for defects that already existed at the time of contract conclusion is excluded.
Section 578b BGB (German Civil Code) remains unaffected.
Insofar as the Provider can access personal data of the Customer or from the Customerâs area, the Provider acts exclusively as a processor and will process and use this data only for contract performance. The Provider will observe the Customerâs instructions for handling this data. The Customer bears any adverse consequences of such instructions for contract performance. The Customer shall agree with the Provider on the details for the Providerâs handling of the Customerâs data in accordance with data protection requirements.
The Customer remains the controller both generally in the contractual relationship and in the data protection sense. If the Customer processes personal data (including collection and use) in connection with the contract, they warrant that they are entitled to do so under the applicable provisions, in particular data protection provisions, and shall indemnify the Provider against claims by third parties in the event of a breach.
For the relationship between Provider and Customer: Responsibility for the processing (including collection and use) of personal data vis-a-vis the data subject is borne by the Customer, except insofar as the Provider is responsible for any claims of the data subject due to a breach of duty attributable to the Provider. The Customer shall responsibly review, process, and respond to any requests, applications, and claims of the data subject. This also applies if the Provider is approached by the data subject. The Provider shall support the Customer within the scope of its obligations.
The Provider warrants that the Customerâs data will be stored exclusively in the territory of the Federal Republic of Germany, in a Member State of the European Union, or in another Contracting State of the Agreement on the European Economic Area, unless otherwise agreed.
The Customer shall protect the access authorizations and identification and authentication information assigned to them or users from access by third parties and shall not disclose them to unauthorized persons.
The Customer is obligated to indemnify the Provider against all claims by third parties based on infringements of rights resulting from unlawful use of the subject matter of the service by the Customer or occurring with the Customerâs approval. If the Customer recognizes or must recognize that such a violation is imminent, there is an obligation to immediately inform the Provider.
The Customer shall use the options provided by the Provider to back up their data in their own area of responsibility.
For each case in which a contractual service is used without authorization within the Customerâs area of responsibility, the Customer shall pay damages in the amount of the compensation that would have been incurred for contractual use within the minimum contract term applicable to this service. The Customer reserves the right to prove that the Customer is not responsible for the unauthorized use or that no damage or significantly less damage exists. The Provider remains entitled to claim further damages.
The Provider will receive incident reports from the Customer, assign them to the agreed incident categories (Section 7.3), and based on this assignment, carry out the agreed measures for analysis and resolution of incidents.
During its normal business hours, the Provider will receive proper incident reports from the Customer and assign each an identifier. Upon request from the Customer, the Provider will confirm receipt of an incident report, providing the assigned identifier.
Unless otherwise agreed, the Provider will assign received incident reports to one of the following categories after initial review:
a) Serious Incident The incident is based on an error in the contractual services that makes use of the contractual services, in particular the software, impossible or allows use only with serious limitations. The Customer cannot reasonably work around this problem and therefore cannot complete urgent tasks.
b) Other Incident The incident is based on an error in the contractual services that restricts the Customerâs use of the contractual services, in particular the software, more than insignificantly, without constituting a serious incident.
c) Other Reports Incident reports that do not fall into categories a) or b) are assigned to other reports. Other reports are only handled by the Provider in accordance with the agreements made for them.
For reports of serious incidents and other incidents, the Provider will immediately initiate appropriate measures based on the circumstances communicated by the Customer to first locate the cause of the incident.
If, after initial analysis, the reported incident does not appear to be an error in the contractual services, in particular the provided software, the Provider will notify the Customer immediately.
Otherwise, the Provider will initiate appropriate measures for further analysis and resolution of the reported incident or â in the case of third-party software â transmit the incident report together with its analysis results to the distributor or manufacturer of the third-party software with a request for remedy.
The Provider will immediately make available to the Customer any available measures for working around or resolving an error in the contractual services, in particular the provided software, such as operating instructions or corrections to the provided software. The Customer shall immediately implement such measures for working around or resolving incidents and immediately report any remaining incidents to the Provider when using them.
Contractual Services
The Provider establishes a contact point for the Customer (hotline). This point handles the Customerâs inquiries in connection with the technical prerequisites and conditions for using the provided software as well as individual functional aspects.
Receipt and Processing of Inquiries
A prerequisite for the receipt and processing of inquiries is that the Customer designates to the Provider professionally and technically qualified personnel who are internally tasked at the Customer with processing inquiries from users of the provided software. The Customer is obligated to direct inquiries to the hotline only through this personnel designated to the Provider and to use forms provided by the Provider. The hotline receives such inquiries by email, fax, and telephone during the Providerâs normal business hours.
The hotline will process proper inquiries in the ordinary course of business and answer them where possible. The hotline may refer to documentation and other training materials for the provided software accessible to the Customer for answering. If answering by the hotline is not possible or not possible in a timely manner, the Provider will â if this is expressly agreed â forward the inquiry for processing, in particular inquiries regarding software not manufactured by the Provider.
Further hotline services, such as other response times and deadlines, on-call services, or on-site deployments of the Provider at the Customerâs premises, must be expressly agreed in advance.
The provision of the contractually agreed services begins on the date specified in the contract, initially for the term agreed in the contract. Premature ordinary termination by either party is excluded during this minimum term.
The contract may be terminated with three monthsâ notice, at the earliest at the end of the minimum term. If this does not occur, the contract shall be extended by one additional year in each case, unless it is duly terminated with three monthsâ notice at the end of the respective extension period.
The right of each contracting party to extraordinary termination for good cause remains unaffected.
Any notice of termination must be in writing to be effective. Section 8.4 of the General Contract Terms applies.
The Customer shall independently back up their data (e.g., by download) in good time before termination of the contract. At the Customerâs request, the Provider will support the Customer in this; Section 4.4 of the General Contract Terms applies. Access by the Customer to this data will regularly no longer be possible after termination of the contract for data protection reasons alone.
The General Contract Terms apply additionally.
