§ 1 Scope of Application
- These General Terms and Conditions (T&Cs) apply to all contracts between SaaS Premium GmbH, Kaiserstraße 6, 40479 Düsseldorf (hereinafter "Provider"), and its customers regarding Software-as-a-Service solutions provided by the Provider.
- These T&Cs apply exclusively to entrepreneurs. Contracts with consumers are not concluded.
- Deviating or supplementary terms do not become part of the contract unless expressly agreed in writing.
§ 2 Subject Matter of the Contract
- The contract covers time-limited, paid provision of software solutions for Internet use (Software-as-a-Service).
- The Provider provides cloud-based software with functions for management, analysis, organization, automation, and evaluation of business processes.
- The Provider does not guarantee any specific economic or business success. The software serves exclusively as a technical tool.
§ 3 No Transport or Passenger Carriage Activity
- The Provider is not itself engaged as a transport company.
- The Provider does not provide passenger transport, hold vehicles, employ drivers, or assume operational responsibility for the Customer's business.
- The Customer remains solely responsible for legal compliance (particularly PBefG), operational business, personnel and vehicle deployment, and data accuracy.
§ 4 Usage Rights
- The Provider grants a simple, non-transferable, non-sublicensable usage right to the software for the contract duration.
- Provision to third parties, reproduction, modification, decompilation, or reverse engineering is prohibited.
- All software rights, including source code, databases, and documentation, remain exclusively with the Provider.
§ 5 Contract Conclusion
- The contract comes into existence through Customer registration, subscription booking, and Provider confirmation.
- The Provider may reject contract offers without stating reasons.
§ 6 Payment Terms
- Software usage operates on a subscription model (monthly or yearly).
- Prices are shown in the current price list or individual offer.
- All prices are exclusive of statutory VAT.
- Payment is due in advance. In case of delay, the Provider may block access, charge interest, or terminate the contract.
§ 7 Availability and Maintenance
- The Provider endeavors for high availability but does not guarantee uninterrupted use.
- Maintenance, updates, or security measures may cause temporary restrictions.
- Minimum availability levels are only guaranteed if expressly agreed.
§ 8 Customer Obligations
The Customer commits to:
- use the software only as contracted,
- not process unlawful content,
- treat access credentials confidentially,
- comply with legal requirements,
- regularly back up data.
§ 9 Liability
- The Provider is liable without limitation only for intent and gross negligence.
- For simple negligence, liability is limited to typical, foreseeable contractual damages.
- Liability for lost profits, indirect damages, data loss, or business interruptions is excluded.
- Product liability law remains unaffected.
§ 10 Data Protection
- The Provider processes personal data exclusively in accordance with GDPR.
- Data processing on behalf of the Customer occurs under a separate Data Processing Agreement (Art. 28 GDPR).
§ 11 Term and Termination
- The contract is concluded for the agreed term.
- Without timely termination notice, the subscription automatically renews.
- Extraordinary termination for good cause remains available.
§ 12 Modifications of T&Cs
- The Provider may amend T&Cs for material reasons.
- Changes are communicated timely.
- Failure to object within 14 days means acceptance.
§ 13 Governing Law and Jurisdiction
- The law of the Federal Republic of Germany applies.
- Exclusive jurisdiction is Düsseldorf (to the extent legally permissible).
§ 14 Final Provisions
- Invalid provisions do not affect the validity of other provisions.
- Invalid provisions are replaced with ones achieving the closest economic purpose.