Software terms of use

§ 1 Scope

(1) These terms govern the provision of hosted services (e.g. online signature, Calendalis, transcription, mail archive) and the supply of extensions (plugins) for Joomla, WordPress and Shopware by the Provider to businesses within the meaning of § 14 of the German Civil Code (BGB). The customer's general terms and conditions do not become part of the contract.

(2) The Provider does not offer these products to consumers.

§ 2 Conclusion of contract

(1) The customer sends an enquiry, the Provider submits an offer in text form. The contract is concluded when the customer accepts the offer in text form – by email or by electronic signature on the Provider's signature platform.

(2) Product descriptions on the website are not offers but invitations to enquire.

§ 3 Hosted services

(1) The Provider runs the service on its own servers in Germany (Hetzner Online GmbH, Nuremberg) and backs up the data daily to separate storage.

(2) Availability: 99 % as an annual average at the data centre's hand-over point. Announced maintenance windows (usually at night, at most four hours per month), disruptions outside the Provider's control (internet, attacks, force majeure) and outages caused by the customer do not count as downtime.

(3) The Provider may develop the service further as long as the contractual scope of functions is maintained.

§ 4 Extensions (plugins)

(1) Extensions are delivered as an installation package with source code under the GNU General Public License, version 2 or later. The Provider supplies updates for twelve months from delivery.

(2) The Provider warrants functionality for the versions of Joomla, WordPress or Shopware and the theme named at delivery. Adaptations to other environments are charged at the Provider's hourly rate.

§ 5 Set-up and cooperation

(1) Set-up (account, address, templates, installation on the website, walkthrough) is provided by the Provider at the agreed fixed price. The customer provides the necessary access, content and contact persons in good time.

(2) Set-up is deemed accepted when the customer uses the service productively or does not report material defects in text form within 14 days of completion notice.

§ 6 Remuneration

(1) All prices are net plus statutory VAT. Monthly fees are invoiced in advance, one-off fees after acceptance. Payment is due within 14 days of the invoice date.

(2) The Provider may adjust monthly fees with two months' notice to the end of a month; in that case the customer may terminate with effect from the adjustment date.

§ 7 Term and termination

(1) Subscriptions run for an indefinite period and may be terminated by either party in text form with one month's notice to the end of a month. The right to terminate without notice for good cause remains unaffected.

(2) After the end of the contract the Provider makes the customer's data (appointments, documents, audit trails, transcripts) available in a common format within 30 days on request and deletes it afterwards unless a statutory retention obligation applies.

§ 8 Data protection

(1) Where the Provider processes personal data on behalf of the customer, the parties conclude a data processing agreement under Art. 28 GDPR; the Provider supplies the template. Sub-processors are Hetzner Online GmbH (server operation, Nuremberg) and ALL-INKL.COM – Neue Medien Münnich (email delivery, Friedersdorf).

(2) Data from the services is not transferred to AI services outside the Provider's infrastructure. Audio recordings for transcription are deleted after processing.

§ 9 Rights of use

(1) For hosted services the customer receives a simple, non-transferable right to use the service for its own business purposes for the term of the contract. Subletting to third parties is not permitted.

(2) Extensions are governed by the rights of the GPL. Content and documents uploaded by the customer remain the customer's property; the Provider uses them only to perform the contract.

§ 10 Electronic signature

(1) The online signature creates simple electronic signatures within the meaning of Regulation (EU) No 910/2014 (eIDAS) with an audit trail. Whether this type of signature is sufficient for a specific legal transaction (in particular where written form is required by law) is for the customer to check on its own responsibility. The Provider does not give legal advice.

(2) The Provider retains signed documents and audit trails for the term of the contract; the customer additionally stores them in its own filing system.

§ 11 Warranty and liability

(1) The Provider remedies defects within a reasonable period. Warranty claims for extensions become time-barred twelve months after delivery; this does not apply in cases of intent, gross negligence and personal injury.

(2) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, for guarantees given and under the German Product Liability Act. In cases of slight negligence the Provider is liable only for breach of material contractual obligations (obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely), limited to the typical, foreseeable damage.

(3) Liability under the previous sentence is limited per event to the total fees paid for the affected product in the twelve months before the event, but at least EUR 1,000. For data loss, liability is limited to the effort needed for recovery if the customer had backed up its data properly.

§ 12 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Berlin if the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany.

(2) Should a provision be or become invalid, the validity of the remaining provisions remains unaffected. In case of discrepancies between the German and the English version, the German version prevails.