Terms and Conditions

1. Scope and Subject Matter of the Contract

These General Terms and Conditions (GTC) apply to all contracts between Julian Wagner (hereinafter "Provider") and the customer for the provision and use of a web-based software solution as part of a SaaS model.

The provider makes the software available to the customer for use via the Internet. Use is exclusively for business purposes. By concluding the contract, the customer confirms that they are an entrepreneur within the meaning of § 14 BGB.

2. Conclusion of Contract and Registration

The contract is concluded by the customer's registration on the provider's platform and confirmation by the provider.

The customer undertakes to provide complete and truthful information during registration. Access data must be kept confidential and not passed on to third parties.

3. Scope of Services

The provider makes the software available to the customer as part of the selected subscription. The software is operated on the provider's servers or those of third parties commissioned by the provider.

The provider is entitled to continuously develop the software. The provider is entitled to adapt or remove functions, provided this does not significantly impair the core functions of the software. Such changes do not constitute a defect.

The provider ensures an average availability of 90% per month. Excluded are times of planned maintenance or force majeure.

4. Prices and Payment Terms

The remuneration is based on the currently valid price list. All prices are net plus statutory VAT.

Billing is monthly in advance. In the event of default in payment, the provider is entitled to block access.

Price changes will be communicated to the customer at least 2 months in advance. In the event of increases of more than 5%, the customer has a special right of termination.

5. Contract Duration and Termination

The contract runs for an indefinite period and can be terminated by either party with 30 days' notice to the end of the billing period.

The right to extraordinary termination remains unaffected, especially in the event of serious breaches of contract or default in payment.

After the end of the contract, all stored data will be deleted, unless there is a legal retention obligation. The data will be provided in a structured, machine-readable format (e.g., CSV or JSON) upon written request. The transfer will take place within 60 days after the end of the contract. Remuneration is based on the provider's current hourly rates.

6. Obligations of the Customer

The customer undertakes to use the software only within the contractual provisions and applicable laws.

The customer is responsible for all content that they process, store, or transmit in the course of use.

The customer is obliged to regularly back up their data, especially before changes or import operations. The provider is not liable for data loss due to insufficient data backup.

The customer may not use the software in a way that endangers system stability or performance. The provider reserves the right to take technical measures (e.g., throttling) in the event of unusually high usage.

7. Data Protection and Data Security

The provider processes personal data exclusively in accordance with the GDPR.

Personal data will only be passed on to third parties if there is a legal obligation, for contract fulfillment, or with the consent of the data subject.

The provider may use third-party services and tools to operate the platform. A list of these providers will be provided on request or is included in the privacy policy.

The customer remains the owner of their data. The provider has no right of retention.

Further information can be found in the privacy policy.

8. Availability and Defects

The provider strives for uninterrupted availability of the software. Maintenance is carried out, as far as possible, outside of regular business hours.

In the event of technical faults or defects, the provider will remedy them within a reasonable period. The right to reduction remains unaffected in the event of permanent significant impairments.

9. Liability

The provider is only liable for simple negligence in the event of a breach of essential contractual obligations (cardinal obligations), and then limited to the typical, foreseeable damage. Liability for indirect damages, in particular lost profits or production downtime, is excluded to the extent permitted by law.

The provider is not liable for data loss if this could have been avoided by proper, regular data backup by the customer.

10. Changes to the GTC

The provider may change these GTC with effect for the future. Changes will be communicated to the customer at least 2 weeks before they take effect.

If the customer does not object to the change within 2 weeks of receiving the notification, the changes are deemed accepted. The provider will expressly point out this right of objection in the notification.

11. Final Provisions

Place of performance and jurisdiction is the provider's registered office. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions.

• Julian Wagner
• Im Gründchen 7a
• 61389 Schmitten
• info@customermates.com

As of: 07.05.25