These Terms of Service govern the use of our Software-as-a-Service (SaaS) platform and all related services between us and our customers.
Scope
These terms apply to all contracts for the use of our SaaS platform. Deviating, conflicting, or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing. Our terms also apply if we perform the service without reservation in the knowledge of conflicting or deviating conditions of the customer.
Contract Formation
The contract is formed upon registration on our platform and confirmation of registration by us. By registering, the customer accepts these terms and our privacy policy.
Service Description
We provide the customer with a Software-as-a-Service (SaaS) solution. The specific scope of services results from the description of the selected plan. We are entitled to further develop and improve the software at any time, as long as the essential functionality is maintained. We strive for high availability but cannot guarantee uninterrupted availability.
Trial Period
We offer a free trial period. During the trial period, the customer can use the full functionality of the selected plan. After the trial period expires, the subscription becomes paid unless the customer cancels beforehand.
Customer Obligations
The customer is obligated to keep their access data confidential and protect it from third-party access. In case of suspected misuse, the customer is obligated to inform us immediately and change their password. The customer is responsible for all activities that occur under their account.
Payment Terms
The remuneration is based on the selected plan and billing period (monthly or annually). Payment is made in advance by direct debit, credit card, or another offered payment method. In case of payment default, we are entitled to suspend access to the platform.
Data Processing
To the extent that we process personal data on behalf of the customer within the framework of using our platform, we conclude a data processing agreement (DPA) with the customer in accordance with Art. 28 GDPR. The DPA is part of these terms.
Liability
We are liable without limitation for damages arising from injury to life, body, or health, as well as for damages based on intentional or grossly negligent conduct. Otherwise, our liability is limited to typically foreseeable damage. Liability for indirect damages, lost profits, and data loss is excluded to the extent permitted by law.
Termination
The customer can cancel their subscription at any time at the end of the current billing period. After cancellation, the customer's data will be deleted after a transition period. The right to extraordinary termination for good cause remains unaffected.
Data Portability
In accordance with the EU Data Act, the customer has the right to export their data in a common, machine-readable format. We support the customer in switching to another provider by making the data available in a standardized format.
Changes to Terms
We reserve the right to change these terms with effect for the future. We will inform the customer of material changes at least 30 days before they take effect by email. If the customer does not object to the changes within 30 days of receiving the change notification, the changed terms are deemed accepted.
Final Provisions
The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent legally permissible, our place of business. Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected.
Dispute Resolution
We are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr
Company
Bavamont Limited LimitedReichenstr. 25
87629 Füssen
Email: info@plandocket.com
Website: www.plandocket.com