This translated version is provided for convenience. The original and applied version can be found here: https://subscription-now.com/de/legal/agb
General Terms and Conditions for the Use of Subscription-now
Terms and Conditions Software-as-a-Service (SaaS)
In the following, we would like to present our General Terms and Conditions, which we use as a basis for the provision of all services rendered by Digital Cum Laude (Kaan Karaca) within the scope of the Subscription-now application.
1. services
1.1 The Provider shall provide the contractual services, in particular access to the Software, in its area of availability (from the data center interface to the Internet). The scope of services, the nature, the intended use and the conditions of use of the contractual services are set forth in the respective service description and, in addition, in the operating instructions for the software.
1.2. Additional services, such as the development of customized solutions or necessary adaptations, shall require a separate contract.
1.3 The Provider may provide updated versions of the Software.
The Provider shall inform the Customer electronically about updated versions and the corresponding instructions for use and make them available accordingly.
2. scope of use
2.1 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 by means of telecommunications (via the Internet) and use the functionalities associated with the software in accordance with the contract by means of a browser. The Customer shall not be granted any further rights, in particular to the software or the infrastructure services provided in the respective data center. Any further use requires the prior written consent of the Provider.
2.2 In particular, the Customer may not use the software beyond the agreed scope of use or have it used by third parties or make it accessible to third parties. In particular, the Customer shall not be permitted to reproduce or sell the Software or parts thereof or to make it available for a limited period of time, to rent or to lend it.
2.3 The Provider shall be entitled to take appropriate technical measures to protect the Software from use not in accordance with the contract. The contractual use of the services may not be impaired more than insignificantly as a result.
2.4 In the event that a user exceeds the scope of use in violation of the contract or in the event of an unauthorized transfer of use, the customer shall, upon request, immediately provide the provider with all information available to it for asserting claims due to the use in violation of the contract, in particular the name and address of the user.
2.5 The Provider may revoke the Customer's access authorization and/or terminate the contract if the Customer exceeds the use permitted to him or violates regulations for protection against unauthorized use. In connection with this, the provider can interrupt or block access to the contractual services. The Provider shall generally set the Customer a reasonable grace period for remedial action beforehand. The sole revocation of the access authorization shall not be deemed to be a termination of the contract at the same time. The Provider may only maintain the revocation of the access authorization without termination for a reasonable period of time, not exceeding 3 months.
2.6 The Provider's claim to remuneration for use exceeding the agreed use shall remain unaffected.
2.7 The Customer shall have a claim to the re-granting of the access authorization and the access possibility after it has proven that it has ceased the use in breach of contract and has prevented future use in breach of contract.
3. availability, performance deficiencies
3.1 The availability of the provided services results from the service description.
3.2 In the event of only an insignificant reduction in the suitability of the services for use in accordance with the contract, the customer shall have no claims due to defects. The strict liability of the provider due to defects that were already present at the time of the conclusion of the contract is excluded.
4. data protection
4.1 Insofar as the Provider has access to personal data of the Customer or from the Customer's area, the Provider shall act exclusively as a processor and shall process and use such data only for the performance of the contract. The Provider shall comply with instructions of the Customer for the handling of such data. The Customer shall bear any adverse consequences of such instructions for the performance of the contract. The Customer shall agree with the Provider the details for the Provider's handling of the Customer's data in accordance with the requirements of data protection law.
4.2 The Customer shall remain the responsible party both generally in the contractual relationship and in terms of data protection law. If the Customer processes personal data (including collection and use) in connection with the contract, it warrants that it is entitled to do so in accordance with the applicable provisions, in particular the provisions of data protection law, and shall indemnify the Provider against claims by third parties in the event of a breach.
4.3 The following shall apply to the relationship between the Provider and the Customer: vis-à-vis the data subject, the Customer shall bear responsibility for the processing (including collection and use) of personal data, except to the extent that the Provider is responsible for any claims by the data subject due to a breach of duty attributable to it. The Customer shall responsibly examine, process and respond to any inquiries, applications and claims of the data subject. This shall also apply in the event of a claim against the Provider by the data subject. The Provider shall support the Customer within the scope of its duties.
4.4 The Provider warrants that Customer's 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 state party to the Agreement on the European Economic Area, unless otherwise agreed.
5. obligations of the customer
5.1 The Customer shall protect the access authorizations and identification and authentication information assigned to it or to the Users from access by third parties and shall not disclose them to unauthorized persons.
5.2 The Customer is obliged to indemnify the Provider against all claims of third parties due to infringements of rights which are based on an illegal use of the subject matter of the service by the Provider or which are made with the Provider's approval. If the customer recognizes or must recognize that such an infringement is imminent, there is an obligation to inform the provider immediately.
5.3 The Customer shall use the possibilities provided by the Provider to secure its data in its original area of responsibility.
6. use in breach of contract, compensation for damages
For each case in which a contractual service is used without authorization in the customer's area of responsibility, the customer shall pay damages in the amount of the remuneration that would have been incurred for the contractual use within the framework of the minimum contract period 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 has occurred. The provider remains entitled to claim further damages.
7. incident management
7.1 The Provider shall receive fault reports from the Customer, assign them to the agreed fault categories (Section 7.3) and, on the basis of this assignment, carry out the agreed measures to analyze and rectify faults.
7.2 The Provider shall accept proper fault reports from the Customer during its normal business hours and shall assign an identifier to each one. Upon the Customer's request, the Provider shall confirm to the Customer the receipt of a fault report by informing the Customer of the assigned identifier.
7.3 Unless otherwise agreed, the Provider shall assign received fault reports to one of the following categories after first reviewing them:
a) Serious disruption
The disruption is due to a defect in the contractual services which makes the use of the contractual services, in particular the software, impossible or allows it only with severe restrictions. The customer cannot reasonably circumvent this problem and therefore cannot complete tasks that cannot be postponed.
b) Other disturbance
The disruption is based on a defect in the contractual services that restricts the customer's use of the contractual services, in particular the software, to a more than insignificant extent without a serious disruption.
c) Other notification
Fault reports that do not fall into categories a) and b) are assigned to other reports. Other messages are handled by the provider only according to the agreements made for this purpose.
7.4 In the event of reports of serious disruptions and other malfunctions, the Provider shall immediately initiate appropriate measures based on the circumstances communicated by the Customer in order to first localize the cause of the disruption.
If the notified malfunction does not turn out to be a defect of the contractual services, in particular of the provided software, after initial analysis, the Provider shall notify the Customer thereof without undue delay.
Otherwise, the Provider shall initiate appropriate measures for further analysis and correction of the notified malfunction or - in the case of third-party software - transmit the malfunction report together with its analysis results to the distributor or manufacturer of the third-party software with the request for remedial action.
The Provider shall immediately provide the Customer with measures available to it for circumventing or rectifying a fault in the contractual services, in particular in the software provided, such as instructions for action or corrections to the software provided. The Customer shall immediately adopt such measures for the circumvention or correction of faults and shall immediately report any remaining faults to the Provider again upon their use.
8. contact point (hotline)
8.1 Contractual services
The Provider shall set up a point of contact for the Customer (hotline). This office shall process the Customer's inquiries in connection with the technical requirements and conditions of use of the provided software as well as regarding individual functional aspects.
8.2 Acceptance and processing of requests
A prerequisite for the acceptance and processing of inquiries is that the Customer designates to the Provider personnel with appropriate professional and technical qualifications who are assigned internally at the Customer to process inquiries from users of the software provided. The Customer shall be obligated to address inquiries to the hotline only via such personnel designated to the Provider and to use forms provided by the Provider for this purpose. The hotline shall accept such inquiries by e-mail during the Provider's normal business hours.
The hotline shall process proper inquiries in the ordinary course of business and answer them to the extent possible. For the purpose of answering, the hotline may refer to documentation accessible to the customer and other training resources for the software provided. Insofar as an answer by the hotline is not possible or not possible in a timely manner, the provider shall - insofar as this is expressly agreed - forward the inquiry for processing, in particular inquiries regarding software not produced by it.
Further services of the hotline, such as other response times and deadlines, as well as on-call services or on-site operations of the Provider at the Customer's premises, shall be expressly agreed upon in advance.
9. contract term and termination
9.1 The contractually agreed services shall be provided from the date specified in the contract initially for the duration of the term agreed in the contract. During this minimum term, early ordinary termination shall be excluded on both sides.
9.2 The contract can be terminated with a notice period of three months, at the earliest at the end of the minimum term. If this is not done, the contract shall be extended by a further year in each case, unless it has been terminated with three months' notice to the end of the respective extension period.
9.3 The right of each contracting party to extraordinary termination for good cause shall remain unaffected.
9.4 Any notice of termination must be in writing to be effective.
9.5 The Customer shall back up its data files (e.g. by download) on its own responsibility in good time before termination of the contract. Upon request, the Provider shall support the Customer in this regard. After termination of the Agreement, the Customer will generally no longer be able to access these databases for reasons of data protection.