Terms of Use

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This statement was written in German. If you are facing inconsistencies between the translated version of this statement compared to the German version, always the German version shall prevail.

1. Subject

1.1. allex SOFTWARE GmbH, Bad Boll (allex SOFTWARE), operates with allex BOARD, a digital board for the visualisation and management of capacities by which a User can allocate required resources for his/her projects (“Service”).

1.2. allex SOFTWARE directs itself solely to Users who use Services for their entrepreneurial purposes (“Client Companies”). Contracting Partners of allex SOFTWARE may only be entrepreneurs within the meaning of Article 14 of the Civil Code.

1.3. These Terms of Use shall apply to any usage of Services by and within the User’s area of responsibility. These Terms of Use shall apply to the usage of Services unless the Contracting Parties agree otherwise. The terms and conditions of the Users do not represent the content of the Contract, unless the allex SOFTWARE has recognized such terms and conditions in writing.

2. Entitlement to Use, Availability

2.1. The Services are available to Client Companies and their staff members.

2.2. The User may not use the Services for any unlawful purposes.

2.3. The User may use the Services for his/her own purposes only and not for the projects of third parties in which the User does not take part.

2.4. The Services are available continuously. allex SOFTWARE strives for the availability of online services of not less than 98% of the annual mean. The said availability does not include the times of unavailability caused by the non-existence of required technical requirements for accessing the allex SOFTWARE web servers which the User had to provide for, which are based on failures of Data Communication Network or which fall in the area of responsibility of data communication companies. The said availability also includes the times of unavailability due to force majeure beyond the area of responsibility of allex SOFTWARE, especially in the event of power failures and disturbances of telecommunication nets.

2.5. Not included are, furthermore, the times of unavailability due to routine or required maintenance or updating measures. allex SOFTWARE shall inform the User of planned maintenance period at least 24 hours in advance through email.The User shall be entitled to a reduction of the contracted price only in the event of failure of the online services made available by allex SOFTWARE over a significantly longer period beyond that stated in sentences 3 and 4 above.

3. Contract Termination, Term of Contract

3.1. The Contract is to be concluded for a minimum term of either one month or 12 months. Should the Contract not be terminated before its expiry, its Term is deemed prolonged as follows: in case of a Contract with a Term of one month: for another period of one month, and in case of a Contract with a Term of 12 months: for another period of 12 months.

3.2. The User can book a package with greater scope of service at any time. In the event of such change, the minimum Term of Contract starts again upon switching to the new package according to 3.1.

3.3. allex SOFTWARE grants the User a single possibility to use its Service within a 60 days trial period free of charge before concluding the Contract subject to a charge. The said trial period shall end automatically upon its expiry.

4. Prices and Maturity

4.1. Prices for using the Service and respective service package are defined in the price list valid at the moment of concluding the Contract.

4.2. The User has to pay for using the Service at the beginning of every billing period.

4.3. The prices are due upon the receipt of the invoice. The invoice shall be submitted electronically.

4.4. The amount stated on the invoice is to be paid to an account stated on the invoice. The amount has to be credited at latest by the tenth day following the invoice.Should the User issue direct debit mandate or in the event of credit card transactions, allex SOFTWARE shall not charge the account or the credit card before the seventh day upon the receipt of the invoice.

4.5. The User shall only have the right of set-off should his counter-claims be determined or recognised by declaratory judgement. The User shall have the right of retention only in relation to counter-claims arising out of this contractual relationship.

5. Liability

5.1. Liability of parties in relation to this Contract – regardless of the legal grounds – is excluded.In the event the liability is excluded or limited, the same shall also apply to the personal liability of employees, representatives and agents. The limitation of liability shall not apply if the cause for damage is attributable to wilful intent and/or gross negligence. This limitation shall not apply to claims arising from the Product Liability Law and in cases of damage to life, body and/or health. Should a contractual obligation be violated through negligence, the compensation obligation shall be limited to a foreseeable and contract-typical damage at the time of the Contract execution.

5.2. allex SOFTWARE shall not assume liability for any content stated and set by the User while using the Service. The User guarantees that he/she is allowed to use submitted data (names, telephone numbers, pictures, email addresses, etc.) for the Services and that he/she shall not violate the rights of third parties.

5.3. The User shall hold allex SOFTWARE free from all third party claims and shall compensate allex SOFTWARE for all damage and expenses that might arise from the User’s violation of the obligations from this Terms of Use and/or through illegal using of the Services. Eligible costs shall also include reasonable costs of legal defence which may arise for allex SOFTWARE in its defence against third-party claims. allex SOFTWARE shall, however, inform the User of any necessary measures involving legal defence without any delay. In such disputes with third parties, allex SOFTWARE may settle claims only after consultation with the User.allex SOFTWARE shall otherwise have to bear the costs of such disputes alone.The exemption shall not apply should the User prove he/she is not responsible for the violation.

5.4 The User shall be held responsible for the secrecy of the access data (user names and passwords).

5.5. allex SOFTWARE shall undertake all necessary measures to ensure that the security of Services corresponds to current industry standards.

6. Place of jurisdiction and governing law

6.1. The governing law shall be the law of the Federal Republic of Germany.

6.2. Should the customer act as a merchant, a legal entity under public law or a separate property under public law with the business seat in the territory of the Federal Republic of Germany, the place of jurisdiction for all disputes arising from this Contract is agreed to be the business seat of the Seller. Should the customer not have the business seat in Germany, the exclusive place of jurisdiction for all disputes arising from this Contract is agreed to be the business seat of the Seller in cases the Contract or claims arising under it may be assigned to the commercial activities of the customer. The Seller is, however, entitled to, in the previously mentioned cases, to turn to the competent court in the business seat of the customer.

As of 01.12.2013