Fine Print
1.1 These General Terms and Conditions (hereinafter "GTC") of Jan Krause, operating as "JKM1" (hereinafter "Provider"), apply to all contracts for the provision of services in the field of Software-as-a-Service (hereinafter "SaaS") entered into by a business (hereinafter "Customer") with the Provider with respect to the services presented on the Provider’s website. The subject matter of the contract is the fee-based, time-limited provision of software (hereinafter "Software") in digital form via the Internet as well as the provision of storage space on the Provider’s servers. Any incorporation of the Customer’s own terms is hereby excluded unless otherwise agreed.
1.2 A business within the meaning of these GTC is a natural or legal person or a legally capable partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
1.3 For the purposes of these GTC, businesses also include authorities or other public law institutions if they act solely under private law when concluding a contract.
1.4 If the software is also provided via mobile applications (hereinafter "Apps"), then, where applicable, different terms of the respective app store operator shall apply to the use of the apps, as may be indicated to the Customer during the ordering process in the respective app store. Insofar as the app store operator’s terms differ from these terms, the app store operator’s terms shall take precedence.
1.5 The software may contain links to services provided by third parties. 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. For these services, only the terms used by the third party or the applicable statutory provisions in the relationship between the Customer and the third party shall apply. The Provider merely facilitates technical access to these services.
2.1 The Provider makes software available to the Customer in digital form via the Internet for the duration of the agreed contract term. To this end, the Provider grants the Customer access to the software, which remains on the Provider’s server. The scope of functionality and the technical specifications of the software are described in detail in the service description on the Provider’s website. The Provider only guarantees the provision of the software with the functionalities defined in the service description. In particular, the Provider does not guarantee the establishment and maintenance of the data connection between the Customer’s IT system and the Provider’s server.
2.2 The software is updated by the Provider at irregular intervals. Accordingly, the Customer receives only a right to use the software in its current version. The Customer has no claim to a specific state of the software.
2.3 The Provider provides the Customer with a limited amount of storage space on its servers for the use of the software. The scope of the storage space is described in detail in the service description on the Provider’s website.
2.4 The Provider’s services are offered subject to availability. A 100% availability is technically unachievable and therefore cannot be guaranteed to the Customer. However, the Provider makes every effort to keep the service as consistently available as possible. In particular, maintenance, security, or capacity concerns as well as events beyond the Provider’s control (such as disruptions of public communication networks, power outages, etc.) may cause disruptions or temporary suspension of the service.
2.5 The Provider takes state-of-the-art measures for data backup. However, the Provider is not obliged to store or safeguard the data. The Customer is solely responsible for ensuring adequate data backup.
2.6 The Provider provides the Customer with an operating manual in electronic form.
2.7 The Provider offers additional support services. The content and scope of these support services are specified in the service description on the Provider’s website.
3.1 The Provider reserves the right to change the services offered or to offer alternative services, unless this is unreasonable for the Customer.
3.2 Furthermore, the Provider reserves the right to change the services offered or to offer alternative services,
3.3 Changes that have only an insignificant impact on the Provider’s services do not constitute a change in services within the meaning of this section. This applies in particular to purely graphical changes and mere changes in the arrangement of functions.
4.1 The services described on the Provider’s website do not constitute a binding offer by the Provider but are intended to enable the Customer to submit a binding offer.
4.2 The Customer may submit an offer via the online order form provided on the Provider’s website. By entering his personal data and clicking the button that completes the ordering process, the Customer submits a legally binding contractual offer regarding the selected services. The Customer may also submit the offer by email, postal mail, or telephone to the Provider.
4.3 The Provider may accept the Customer’s offer within five days,
If more than one of the aforementioned alternatives is available, the contract is concluded at the time when one of these alternatives occurs first. The acceptance period begins on the day following the dispatch of the offer by the Customer and ends at the expiration of the fifth day following the dispatch. If the Provider does not accept the Customer’s offer within this period, it is deemed a rejection of the offer and the Customer is no longer bound by his declaration of intent.
4.4 When an offer is submitted via the Provider’s online order form, the contract text is stored by the Provider after the conclusion of the contract and transmitted to the Customer in text form (e.g., by email, fax, or letter) after the Customer has submitted his order. No further access to the contract text will be provided by the Provider. If the Customer has created a user account on the Provider’s website before submitting his order, the order data will be archived on the Provider’s website and can be retrieved by the Customer free of charge using his password-protected user account and the corresponding login data.
4.5 Before submitting a binding order via the Provider’s online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical measure for better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer may correct his inputs using the usual keyboard and mouse functions during the electronic ordering process until he clicks the button that completes the order.
4.6 The German language is available for the conclusion of the contract.
4.7 Order processing and contact are generally conducted via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Provider can be received. In particular, the Customer must ensure that when using spam filters, all emails sent by the Provider or by third parties commissioned by the Provider for order processing are delivered.
The Provider holds all usage rights necessary for the provision of the software. Unless otherwise specified in the service description on the Provider’s website, the Provider grants the Customer a non-exclusive, non-transferable right, limited to the duration of the contract, to use the software for business purposes in accordance with these GTC. Any further use of the software is not permitted.
The Provider is entitled to use the content and information provided by the Customer in fulfillment of its contractual obligations for the service, as far as processing is necessary for proper performance. The Customer grants the Provider, free of charge, non-exclusively and limited to the duration of the contract, the necessary usage rights for this purpose, in particular the right to permanently retain and store, the right to reproduce, and the right to modify, and warrants that he is entitled to grant these rights.
7.1 The Customer is responsible for ensuring that the hardware and software he uses, including workstations, routers, data communication devices, etc., meet the technical minimum requirements for using the currently offered version of the software.
7.2 The Customer is obliged to protect and secure the access data provided to him according to state-of-the-art standards from third-party access and to store it securely. The Customer must ensure that usage only occurs within the scope agreed in the contract. Unauthorized third-party access must be reported to the Provider immediately.
7.3 The Customer may not store data on the allocated storage space that violates applicable law, regulatory requirements or orders, third-party rights, or agreements with third parties.
7.4 Content stored by the Customer on the allocated storage space may be subject to data protection. The Customer is solely responsible for ensuring that his use of personal data complies with data protection requirements.
7.5 The Customer is solely responsible for regularly making adequate data backups.
7.6 The Customer is obliged to check his data and information for viruses or other harmful components before inputting them, and to use measures (e.g., antivirus programs) that are in line with state-of-the-art standards.
7.7 The Customer must ensure that any programs, scripts, etc. installed by him 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.
7.8 If programs, scripts, etc. installed by the Customer jeopardize or impair the operation of the Provider’s server or communication network, or the security and integrity of other data stored on the Provider’s servers, the Provider may disable or uninstall such programs or scripts. If eliminating the risk requires it, the Provider is also entitled to disconnect the content stored on the server from the Internet. The Provider will inform the Customer of this measure immediately.
8.1 The Provider is not generally obliged to proactively review content posted by customers for legality or compatibility with third-party rights or these GTC. However, the Provider reserves the right, at its own initiative in individual cases, to review the Customer’s content for legality and to take measures in accordance with the following provisions in the event of violations.
8.2 Customers and affected third parties may report allegedly unlawful content to the Provider using the contact information provided in the Provider’s legal notice (e.g., by email). The Provider is free to forward the content of such reports to the Customer who posted the reported content. The identity of the reporting party will only be disclosed to the Customer if absolutely necessary.
8.3 In the event of reports and in the context of any reviews conducted on the Provider’s own initiative, content is generally subject to human review. In individual cases, automated technical review procedures may be used as a supplement.
8.4 If, following a report or as a result of a review conducted on the Provider’s own initiative, it is determined that content published by the Customer is unlawful, the Provider is entitled, without prior notice or contact and at its reasonable discretion, to take one or more of the following measures:
8.5 When deciding which measures to take, the Provider will consider the principles of proportionality and balance the interests of the affected Customer against its own interest in the unhindered, disruption-free, and integral continuation of its business operations. Criteria that will be considered include:
8.6 If customers frequently submit manifestly unfounded reports or complaints, the Provider may, after prior warning, suspend the processing of reports and complaints from those customers for a reasonable period.
9.1 Unless otherwise specified in the Provider’s service description, the prices stated are net prices, exclusive of the statutory sales tax.
9.2 The payment options and payment modalities will be communicated to the Customer on the Provider’s website.
9.3 The compensation is invoiced by the Provider in advance for the agreed performance period and may be paid by the Customer via bank transfer to the bank account specified by the Provider. Unless otherwise stated in the invoice, the invoice amount is immediately due for payment.
9.4 The compensation is invoiced by the Provider at the agreed intervals and may be paid by the Customer via bank transfer to the bank account specified by the Provider. Unless otherwise stated in the invoice, the invoice amount is due immediately.
9.5 The compensation is invoiced by the Provider at the agreed intervals and is debited by direct debit (SEPA) from the Customer’s bank account. The Customer grants the Provider a revocable direct debit mandate (SEPA) at any time. If the direct debit is not honored due to insufficient funds or because an incorrect bank account is provided, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the respective bank for the reversal, if the Customer is at fault.
9.6 If a payment method offered by the payment service “PayPal” is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment providers. If the Provider offers payment methods via PayPal in which the Provider advances funds to the Customer (e.g., invoice purchase or installment payment), the Provider assigns its payment claim to PayPal or to the payment service provider specifically designated to the Customer by PayPal. Prior to accepting the assignment declaration from the Provider, PayPal or the designated payment service provider conducts a credit check using the transmitted customer data. The Provider reserves the right to refuse the selected payment method to the Customer in the event of a negative credit check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment term or intervals. In this case, payment can only be made to PayPal or the designated payment service provider, which will have a discharge effect.
9.7 If a payment method offered by the payment service “Stripe” is selected, payment processing is carried out via 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 will be communicated to the Customer on the Provider’s website. For payment processing, Stripe may use additional payment services for which special payment conditions may apply, and the Customer will be informed separately if applicable. Further information on Stripe is available online at https://stripe.com/de.
10.1 The contract is concluded for an indefinite period, but at least for the minimum term evident from the service description on the Provider’s website. The contract may be terminated during the minimum term with a notice period of one month to the end of the minimum term, and after the minimum term, at any time with a notice period of one month.
10.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking all circumstances of the individual case into account and weighing the interests of both parties, it is unreasonable for the terminating party to continue the contractual relationship until the agreed termination date or until the end of a notice period.
10.3 Terminations may be made in writing, in text form (e.g., by email) or electronically using the termination facility (termination button) provided on the Provider’s website.
10.4 Upon termination of the contract, the Customer loses access to his user account. Furthermore, upon termination of the contract, the Provider’s obligation to store data posted by the Customer also ceases.
11.1 The Customer must immediately notify the Provider of any defects, malfunctions, or damages.
11.2 Warranty for only minor reductions in the suitability of the service is excluded.
11.3 The strict liability pursuant to § 536a(1) of the German Civil Code (BGB) for defects that were present at the time of contract formation is excluded.
11.4 A termination by the Customer due to non-provision of the contractual use is only permissible if the Provider has been given sufficient opportunity to remedy the defect and if such remedy has failed. Failure of defect remediation is presumed only if it is impossible, if the Provider refuses or unreasonably delays remedy, if there are justified doubts about the likelihood of success, or if, for other reasons, it is unreasonable for the Customer.
12.1 The Provider’s liability for damages and reimbursement of expenses arising from all contractual, quasi-contractual, and statutory (including tort) claims is as follows:
12.2 The Provider is fully liable under any legal basis
12.3 If the Provider negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage, unless the Provider is otherwise fully liable as provided above. Essential contractual obligations are those imposed on the Provider by the contract to achieve its purpose, the fulfillment of which is necessary for the proper execution of the contract, and which the Customer may regularly rely upon.
12.4 In all other respects, the Provider’s liability is excluded.
12.5 The foregoing liability provisions also apply with respect to the liability of the Provider for its agents and legal representatives.
The Customer shall indemnify the Provider against any claims made by other customers or third parties against the Provider arising from violations of their rights due to content posted by the Customer or due to the Customer’s other use. The Customer shall also bear the necessary legal defense costs, including all court and attorney fees as required by law, unless the infringement is not attributable to the Customer. The Customer is obliged to immediately, truthfully, and completely provide the Provider with all information necessary for reviewing the claims and mounting a defense in the event of claims by third parties.
The Provider undertakes to keep all confidential information that it becomes aware of in connection with this contract and its performance strictly confidential and not to disclose it to third parties. Confidential information is any information that is marked as confidential or whose confidentiality can be inferred from the circumstances, regardless of whether it is communicated in written, electronic, tangible, or oral form. This confidentiality obligation does not apply if the Provider is legally or pursuant to a binding decision of an authority or court required to disclose the confidential information.
15.1 The Provider reserves the right to amend these GTC at any time without stating reasons, unless this is unreasonable for the Customer. The Provider will notify the Customer of any changes in text form in a timely manner. If the Customer does not object to the new GTC within a period of four weeks after notification, the amended GTC shall be deemed accepted by the Customer. In the notification, the Provider will inform the Customer of his right to object and the significance of the objection period.
15.2 Furthermore, the Provider reserves the right to amend these GTC,
15.3 The Customer’s right to terminate the contract remains unaffected.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.