Terms of Service

Please note that the original version of the Terms of Service is in German. In the event of any discrepancies or conflicts between the German version and its translation, the German version (Allgemeine Geschäftsbedingungen) shall prevail.

General Terms and Conditions for Software-as-a-Service (SaaS) provided by SnapSoft GmbH

SnapSoft GmbH
Leipziger Str. 42
04860 Torgau

Company Headquarters: Torgau
Register Court: Leipzig District Court
Register Number: HRB 29214
VAT ID Number as per § 27a of the Sales Tax Law: DE 288318486
Managing Director: Clemens Schubert

§1 Subject Matter of the Contract

(1) SnapSoft GmbH (“SnapSoft”) offers SaaS services over the Internet in the field of business software. These Terms and Conditions apply to the use and operational support of standard software programs (“SOFTWARE”) produced by SnapSoft and provided as a SaaS service over the Internet. General contractual conditions of the customer are not applicable, even if SnapSoft does not expressly contradict them. The Terms and Conditions of SnapSoft apply exclusively.

(2) The contract’s subject matter is:

a. Providing the SOFTWARE listed on www.snapsoft.de for use over the Internet.

b. Allocating storage space for the customer’s data on servers within the SnapSoft data center.

Custom software programs developed specifically for the customer are not included in this contract.

§2 Provision of Software

(1) SnapSoft will provide the customer with the current version of the SOFTWARE for use over the Internet for the contract’s duration. The SOFTWARE will be hosted on a server accessible to the customer via the Internet. The handover point for the SaaS services is the router output of the data center used by SnapSoft to the Internet.

(2) The current functionality of the SOFTWARE is detailed in its service description on the SnapSoft website at www.snapsoft.de.

(3) SnapSoft commits to promptly addressing software errors as much as possible. An error is present if the SOFTWARE fails to perform as described in the service documentation, producing incorrect results or functioning improperly in any way that restricts the use of the SOFTWARE.

(4) SnapSoft will continuously develop the SOFTWARE and enhance it through regular updates and upgrades. SnapSoft reserves the right to modify the services, including adopting newer or different technologies, systems, procedures, or standards, as part of technical progress and performance optimization.

§3 Rights of Use to the SOFTWARE

(1) SnapSoft grants the customer a non-exclusive, non-transferable, and non-sublicensable right to use the SOFTWARE specified in this contract for the duration of the contract as part of the SaaS services.

(2) The customer acknowledges SnapSoft as the sole licensor of the SOFTWARE and its associated copyrights. The customer also acknowledges the trademark, name, and patent rights related to the SOFTWARE and its documentation belong to SnapSoft. Copyright notices or other references to ownership in the SOFTWARE or its documentation may not be altered, removed, or otherwise modified by the customer.

(3) The customer may only modify the SOFTWARE if it is covered by the intended use according to the current service description. The customer is prohibited from reverse engineering, decompiling, disassembling the SOFTWARE, or using any part of it to create a separate application. Attempts to manipulate the SOFTWARE, including Denial of Service (DoS) attacks or unlawful API testing, are also forbidden.

(4) The customer is only permitted to reproduce the SOFTWARE to the extent that it is covered by the intended use according to the current service description. Necessary duplication includes loading the SOFTWARE into the main memory but does not extend to the temporary installation or storage of the SOFTWARE on the customer’s hardware data carriers. Any exceptions are further detailed in the service description, which may include downloadable functions of the SOFTWARE for use within the customer’s company network.

(5) The customer is explicitly prohibited from making the SOFTWARE available to third parties, whether for a fee or free of charge. Consequently, subletting the SOFTWARE is not permitted.

(6) The customer is responsible for ensuring that any contractual relationships with third parties exclude both paid and free use of the SOFTWARE.

§4 Allocation of Storage Space and Data Backup

(1) SnapSoft provides the customer with defined storage space on a server within the data center for data storage. The customer can store content on this server according to the technical specifications listed at www.snapsoft.de. SnapSoft will notify the customer if the provided storage space becomes insufficient.

(2) SnapSoft ensures the stored data can be accessed via the Internet.

(3) The customer is not allowed to provide this storage space, in whole or in part, for third-party use, whether for payment or free of charge.

(4) The customer commits not to store or make available any content on the storage space that violates laws, official regulations, or third-party rights.

(5) SnapSoft is obligated to take appropriate precautions against data loss and to prevent unauthorized access to the customer’s data. This includes daily backups, virus checks on the customer’s data, and installing modern firewalls.

(6) The customer remains the sole owner of the data and can therefore demand the return of individual or all data at any time, especially after the contract’s termination, without SnapSoft having any right of retention. Data return options include data carrier transfer or data network transmission. The customer is not entitled to receive software suitable for using the data. SnapSoft may charge the customer for the expenses incurred in processing and releasing the data.

The customer is responsible for ensuring the legality of data collection, processing, and use, as well as for protecting the rights of affected individuals (information, use, correction, blocking, deletion).

§5 Support

(1) The scope of support is defined in the service description available on the website at www.snapsoft.de.

(2) SnapSoft will respond to customer inquiries regarding the use of the contractual SOFTWARE and other SaaS services as promptly as possible after receiving the question by phone or in text form, within the business hours published on the website www.snapsoft.de.

§6 Interruption/Impairment of Accessibility

(1) Adjustments, changes, and additions to the contractual SaaS services, as well as measures to identify and rectify malfunctions, will only lead to temporary interruptions or impairments of availability if absolutely necessary for technical reasons.

(2) The basic functions of the SaaS services are monitored daily. Maintenance is guaranteed from Monday to Saturday, from 9:00 a.m. to 6:00 p.m. Any unavailability of support will be announced in advance on the website at www.snapsoft.de. In case of significant errors—where the use of SaaS services is not possible or seriously restricted—maintenance will commence within 2 hours of customer notification or discovery by SnapSoft. SnapSoft will inform the customer of the maintenance work immediately and complete it as quickly as technical conditions allow. Malfunction reports received outside of support hours will begin troubleshooting on the following business day. If error correction is not feasible within 12 hours, SnapSoft will inform the customer on the website at www.snapsoft.de within 24 hours, providing reasons and the expected timeframe for error correction. Delays in troubleshooting due to customer-related reasons (e.g., unavailability of a customer contact) are not included in the troubleshooting time.

(3) The availability of agreed services under §1(2) of this contract is 99% on an annual average. Downtime is measured in full minutes and calculated from the sum of fault clearance times per year. Excluded are periods identified by SnapSoft as maintenance windows for optimization and performance improvements. However, availability must not be impaired or interrupted for more than two consecutive calendar days. This does not apply to downtime due to reasons beyond SnapSoft’s control, failures due to force majeure, or third-party or customer fault.

§7 Customer Obligations

(1) The customer commits not to store any unlawful content on the provided storage space that violates laws, official requirements, or third-party rights.

(2) The customer is obliged to prevent unauthorized third-party access to the SOFTWARE’s protected areas through appropriate measures. This includes informing employees about copyright law compliance, particularly advising them against making unauthorized SOFTWARE reproductions.

(3) Without prejudice to SnapSoft’s data backup obligation, the customer is responsible for entering and maintaining the data and information required for using the SaaS services.

(4) The customer must check their data and information for viruses or other harmful components before entry and use modern antivirus software.

(5) For initial SaaS services access, the customer will use their “email address” and create a password required for further service usage. The customer must keep their access data (email and password) confidential and not disclose it to third parties.

(6) Copyright and data protection laws may protect the content stored by the customer on the allocated storage space. The customer hereby grants SnapSoft the right to make the stored content available for queries over the Internet and, in particular, to reproduce and transmit it for this purpose, as well as to replicate it for data backup.

§8 Compensation

(1) The customer commits to pay the agreed monthly usage fee plus statutory VAT. Unless otherwise agreed, the fee is based on the SnapSoft price list valid at the time of contract conclusion and is calculated from minimum sales and the actual services used. The incurred fees will be billed monthly for the previous period.

(2) Objections to the billing of services provided by SnapSoft must be raised in writing by the customer within eight weeks of receiving the invoice at the specified address on the invoice. After this period, the invoice is considered approved by the customer. SnapSoft will specifically inform the customer about the significance of this behavior when sending the invoice.

(3) Payments are made by direct debit or credit card clearing. If the customer exceeds the payment deadline specified on the invoice, services can be restricted, or the contract can be terminated without notice in accordance with §10(2). The customer is not entitled to offset claims against SnapSoft unless the claims are legally established or recognized in writing by SnapSoft.

§9 Warranty for Defects / Liability

(1) SnapSoft guarantees the functionality and operational readiness of the SaaS services in accordance with this contract’s provisions. Technical data, specifications, and performance information in public statements, especially advertising materials, do not constitute a quality agreement. The SOFTWARE’s functionality is based on the description available in the documentation at www.snapsoft.de. Warranty claims expire 12 months after the defect arises unless the defect was fraudulently concealed. Warranty claims are excluded if the SOFTWARE is not used according to the contract. Additionally, warranty claims are excluded if the customer makes contractually prohibited changes or extensions to the SOFTWARE, unless the customer can prove that the error is not causally related to the changes or extensions. If troubleshooting reveals that the issue is due to operational errors or improper use by the customer, SnapSoft may charge the customer for the incurred effort.

(2) If SnapSoft services are used by unauthorized third parties using the customer’s access data, the customer is liable for any incurred fees within the scope of civil liability until the customer orders the change of access data or reports the loss or theft, provided the customer is at fault for the unauthorized third-party access.

(3) The customer is obliged to indemnify SnapSoft from all third-party claims based on the data stored by them and to reimburse SnapSoft for the costs incurred due to possible legal violations.

(4) SnapSoft is entitled to immediately block the storage space and the SOFTWARE if there is reasonable suspicion that the stored data is illegal and/or violates third-party rights. A justified suspicion of illegality and/or violation of rights exists, in particular, if courts, authorities, and/or other third parties inform SnapSoft of this. SnapSoft must immediately inform the customer of the block and its reason. The block will be lifted as soon as the suspicion is invalidated.

(5) Claims for damages against SnapSoft are excluded regardless of the legal basis, unless SnapSoft, its legal representatives, or vicarious agents have acted willfully or with gross negligence. SnapSoft is liable for slight negligence only if a contractual obligation essential for achieving the contract’s purpose has been violated by SnapSoft, its legal representatives, or executives or vicarious agents, as well as for damages resulting from injury to life, limb, or health. SnapSoft is liable only for foreseeable damages typically expected to occur. SnapSoft is not liable for data loss if the damage is due to the customer’s failure to back up data, thereby ensuring that lost data can be restored with reasonable effort. In case of liability, it is limited to EUR 3,000,000 for personal injuries, EUR 100,000 for financial, property, data, and operational damages, and EUR 100,000 for default, legal violations, injunctions per insured event. Liability for lost profits is excluded. SnapSoft’s liability is also excluded for disruptions in the telecommunications connection, on cable routes within the Internet, in case of force majeure, if third parties or the customer are at fault.

§10 Contract Duration and Termination

(1) The license agreement for the SOFTWARE can be concluded for three months or twelve months. The usage contract for the SOFTWARE is automatically extended by the duration of the originally selected contract period (three or twelve months). The contractual relationship begins with the registration and registration by the customer and can be terminated in writing by both parties with a notice period of 30 days to the end of the contract period. Cancellations must be received by SnapSoft in writing (by fax or mail) 30 days before the end of the respective billing period.

(2) This does not affect each contracting party’s right to terminate the contract without notice for an important reason. SnapSoft is particularly entitled to terminate the contract without notice if the customer fails to make due payments despite a reminder and a grace period or if the contractual provisions on the use of the SaaS services are violated. This does not affect the assertion of claims for damages resulting from the violation of the contractual provisions. In any case, termination without notice presupposes that the other party is warned in writing and requested to remove the supposed reason for termination without notice within a reasonable period.

§11 Data Protection / Confidentiality

(1) If personal data must be processed in the context of the contractual relationship, SnapSoft and the customer will comply with statutory data protection regulations. SnapSoft informs customers according to the General Data Protection Regulation (GDPR) that customer data will be stored. This data is only passed on to third parties if necessary for contract fulfillment. If data must be passed on to third parties, it will be done under the condition that they commit to protecting the data by contract.

(2) The customer is responsible for obtaining the necessary consents from their customers and contractual partners according to data protection provisions.

(3) SnapSoft commits to maintaining the strictest confidentiality about all confidential processes it becomes aware of in the course of preparing, executing, and fulfilling this contract, particularly business or trade secrets of the customer, and neither to disclose them nor exploit them in any other way. This applies to any unauthorized third party, including unauthorized employees of both SnapSoft and the customer, as long as disclosing the information is not necessary for the proper fulfillment of SnapSoft’s contractual obligations. This does not apply to publicly accessible information or information that becomes publicly accessible without unauthorized action or omission on the part of the contracting parties or that must be disclosed due to a court order or law. In cases of doubt, SnapSoft will obtain consent from the customer before such disclosure.

(4) In case of support assistance with customer problems, it may be necessary to access the customer’s data records. Access can occur via a SaaS user created by the customer or via database analysis. This access is limited to the duration of the respective support measure.

(5) SnapSoft commits to ensuring all employees and subcontractors involved in preparing, executing, and fulfilling this contract agree to a regulation identical to the above paragraph 3 of this contract point.

§12 Applicable Law, Place of Jurisdiction

(1) This contract is exclusively governed by German law.

(2) The place of performance is Torgau/Saxony.

(3) The exclusive place of jurisdiction for disputes arising from this contract is Torgau/Saxony, Germany.

§13 Miscellaneous

(1) Verbal subsidiary agreements have not been made. Changes, additions, and amendments to this contract are only valid if agreed in writing between the contracting parties. This also applies to changes to this contractual provision.

(2) Should a provision of this contract be or become ineffective, this does not affect the effectiveness of the rest of the contract. The contracting parties are obliged to replace the ineffective provision with an effective provision that comes closest to the economic purpose of the ineffective provision. The same applies in the event of a gap in the contract.