Terms of Service

General terms and conditions for software-as-a-service (SaaS) from SnapSoft GmbH

SnapSoft GmbH
Leipziger Str. 42
04860 Torgau

Company headquarters: Torgau
Register court: Leipzig District Court
Register number: HRB 29214
Sales tax identification number according to § 27a sales tax law: DE 288318486
Managing director: Clemens Schubert

§ 1 subject matter of the contract

(1) SnapSoft GmbH (“SnapSoft”) provides SaaS services for the customer via the Internet in the field of business software.
The terms and conditions apply to the use and operational support of standard software programs (the “SOFTWARE”) that are produced by SnapSoft and provided as a software-as-a-service service via the Internet. General contractual conditions of the customer do not apply, even if SnapSoft does not expressly contradict them. The terms and conditions of SnapSoft apply exclusively.

(2) The subject of the contract is

(a) Surrender under www.snapsoft.de listed SOFTWARE for use via the Internet and

(b) Allocation of storage space and the storage of the customer’s data on servers in the SnapSoft data center.

Software programs developed individually for the customer are not part of this contract.

§ 2 provision of software

(1) SnapSoft provides the customer with the current version of the SOFTWARE for a fee over the Internet for the duration of the contract. For this purpose SnapSoft sets up the SOFTWARE on a server that is accessible to the customer via the Internet. The transfer point for the SaaS services is the router output of the data center used by SnapSoft to the Internet.

(2) The current range of functions of the SOFTWARE results from its current service description on the SnapSoft website at www.snapsoft.de.

(3) SnapSoft will immediately remove all software errors as far as possible. An error is present if the SOFTWARE does not fulfill the functions specified in the service description, delivers incorrect results or does not work properly in some other way, so that the use of the SOFTWARE is impossible or restricted.

(4) SnapSoft continuously develops the SOFTWARE and will improve it through ongoing updates and upgrades. SnapSoft reserves the right, among other things, in the course of technical progress and performance optimization, further developments and changes in performance (e.g. through the use of newer or different technologies, systems, procedures or standards).

§ 3 Rights of Use to the SOFTWARE

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

(2) The customer recognizes SnapSoft as the sole licensor of the SOFTWARE and the associated copyrights. The customer further recognizes trademark, name and patent rights in relation to the SOFTWARE and the associated documentation to SnapSoft. Copyright information or other similar references to ownership in the SOFTWARE or the associated documentation may not be changed, removed or modified in any other way by the customer.

(3) The customer may only edit the SOFTWARE if this is covered by the intended use of the SOFTWARE according to the current service description. The customer is not permitted to “reverse engineer”, decompile, disassemble the SOFTWARE or to use part of it to create a separate application. The customer is also prohibited from attempting to manipulate the SOFTWARE, including Denial of Service (DoS), API testing as unlawful acts.

(4) The customer may only reproduce the SOFTWARE insofar as this is covered by the intended use of the SOFTWARE according to the current service description. The necessary duplication includes loading the SOFTWARE into the main memory, but not even temporary installation or storage of the SOFTWARE on data carriers (such as hard disks or similar) of the hardware used by the customer. Exceptions to this are functions described in more detail in the description of services that may be downloaded as part of the SOFTWARE program and saved and used in the customer’s company network.

(5) The customer is not entitled to make the SOFTWARE available to third parties for use in return for payment or free of charge. The customer is therefore expressly not permitted to sublet the SOFTWARE.

(6) The customer undertakes to structure his possible contractual relationships with third parties in such a way that both paid and free use of the SOFTWARE are excluded.

§ 4 Allocation of storage space and data backup

(1) SnapSoft grants the customer a defined storage space on a server in the data center to store his data. The customer can store content on this server in accordance with the technical specification that is recorded at www.snapsoft.de. SnapSoft will notify the customer if the storage space is no longer sufficient to store the data.

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

(3) The customer is not entitled to allow a third party to use this storage space in whole or in part, against payment or free of charge.

(4) The customer undertakes not to save any content on the storage space, to make it available. Publication and use violate applicable law or agreements with third parties.

(5) SnapSoft is obliged to take suitable precautions against data loss and to prevent unauthorized third-party access to the customer’s data. For this purpose SnapSoft will make daily backups, check the customer’s data for viruses and install state-of-the-art firewalls.

(6) In any case, the customer remains the sole owner of the data and can therefore demand the surrender of individual or all data at any time, especially after termination of the contract, without SnapSoft having a right of retention. The data are released at the customer’s option either by transferring data carriers or by sending them over a data network. The customer is not entitled to receive the SOFTWARE suitable for using the data. SnapSoft is entitled to bill the customer for the expenses for processing and releasing the data.

The customer is responsible for the permissibility of the collection, processing and use of the data and for safeguarding the rights of those affected (information, use, correction, blocking, deletion).

§ 5 Support

(1) The scope of support results from the description of services, which can be called up on the website at www.snapsoft.de.

(2) SnapSoft will answer inquiries from the customer regarding the use of the contractual SOFTWARE and the other SaaS services within the business hours published on the website www.snapsoft.de as soon as possible after receipt of the respective question by telephone or in text form.

§ 6 Interruption / impairment of accessibility

(1) Adjustments, changes and additions to the contractual SaaS services as well as measures that serve to identify and remedy malfunctions will only lead to a temporary interruption or impairment of availability if this is absolutely necessary for technical reasons.

(2) The basic functions of the SaaS services are monitored daily. The maintenance of the SaaS services is guaranteed from Monday to Saturday from 9:00 a.m. to 6:00 p.m. If the support is not available, this will be indicated in good time on the website at www.snapsoft.de. In the event of serious errors – the use of the SaaS services is no longer possible or seriously restricted – maintenance is carried out within 2 hours of the customer becoming aware of or informed them. SnapSoft will notify the customer of the maintenance work immediately and carry it out according to the technical conditions in the shortest possible time.
In the case of malfunction reports that are received outside of our support hours, troubleshooting begins on the following working day.
If the error correction should not be possible within 12 hours, SnapSoft will inform the customer of this on the website at www.snapsoft.de within 24 hours, stating the reasons and the period that is likely to be expected for the error correction.
Delays in troubleshooting for which the customer is responsible (e.g. unavailability of a contact person at the customer) are not counted towards the troubleshooting time.

(3) The availability of the agreed services according to § 1 (2) of this contract is 99% on an annual average. The downtime is determined in full minutes and is calculated from the sum of the fault clearance times per year. Excluded from this are those periods that SnapSoft identifies as so-called maintenance windows for optimization and performance improvement. However, the availability must not be impaired or interrupted for more than two calendar days in a row. This does not apply to a loss of time in troubleshooting due to reasons for which SnapSoft is not responsible and failures due to force majeure.

§ 7 obligations of the customer

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

(2) The customer is obliged to prevent unauthorized access by third parties to the protected areas of the SOFTWARE by taking suitable precautions. For this purpose, the customer will, if necessary, inform his employees of compliance with copyright law. In particular, the customer will ask his employees not to make any unauthorized reproductions of the SOFTWARE.

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

(4) The customer is obliged to check his data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs.

(5) To access the SaaS services for the first time, the customer will use his “email address” and generate a password, which is required for further use of the SaaS services. The customer is obliged to keep his access data (email and password) secret and not to make them accessible to third parties.

(6) The content stored by the customer in the storage space intended for him may be protected by copyright and data protection law. The customer hereby grants SnapSoft the right to make the content stored on the server available for queries via the Internet and, in particular, to reproduce and transmit it for this purpose and to be able to reproduce it for the purpose of data backup.

§ 8 remuneration

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

(2) Objections to the invoicing of the services provided by SnapSoft must be raised in writing by the customer within eight weeks of receipt of the invoice at the point indicated on the invoice. After the aforementioned period has expired, the invoice is considered approved by the customer. SnapSoft will specifically inform the customer of the importance of his behavior by sending the invoice.

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

§ 9 Liability for Defects / Liability

(1) SnapSoft guarantees the functionality and operational readiness of the SaaS services in accordance with the provisions of this contract. Technical data, specifications and performance information in public statements, especially in advertising media, are not an agreement on quality. The functionality of the SOFTWARE is based on the description in the documentation under
www.snapsoft.de can be viewed. Claims for defects become statute-barred after 12 months, unless the defect was fraudulently concealed. Warranty claims are excluded if the SOFTWARE is not used in accordance with the contract. Furthermore, warranty claims are excluded if the customer has made changes or extensions to the SOFTWARE contrary to the contract, unless the customer can prove that the error is not causally related to the changes or extensions. If, in the course of troubleshooting, it turns out that this is due to operating errors or improper use by the customer, SnapSoft can demand appropriate remuneration from the customer for the effort incurred.

(2) In the event that SnapSoft services are used by unauthorized third parties using the customer’s access data, the customer is liable for any fees incurred in the context of civil liability until the customer order to change the access data or the notification of the Loss or theft if the customer is to blame for the access of the unauthorized third party.

(3) The customer is obliged to indemnify SnapSoft from all third-party claims based on the data stored by him 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 the rights of third parties. A justified suspicion of illegality and / or a violation of the law exists in particular if courts, authorities and / or other third parties inform SnapSoft of this. SnapSoft must notify the customer of the block and the reason for it immediately. The ban is to be lifted as soon as the suspicion is invalid.

(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 only liable for slight negligence if a contractual obligation essential to the achievement of the purpose of the contract has been violated by SnapSoft, its legal representatives or executives or vicarious agents, as well as for damage resulting from injury to life, limb or health. SnapSoft is only liable for foreseeable damage that can typically be expected to occur. SnapSoft is not liable for the loss of data insofar as the damage is due to the fact that the customer failed to back up data and thereby ensure that lost data can be restored with reasonable effort. In the event of liability, this is limited to EUR 3,000,000 for personal injury, to EUR 100,000 for financial, property, data and operational damage and to EUR 100,000 for default, legal violations, injunctions per insured event. Liability for lost profit is excluded. SnapSoft’s liability is also excluded for disruptions in the telecommunications connection, on cable routes within the Internet, in the event of force majeure, if third parties or the customer is 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 period of 30 days to the end of the contract period. Cancellations must be received by SnapSoft in writing (by fax or post) 30 days before the end of the respective billing period.

(2) This does not affect the right of each contracting party 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 of time.

§ 11 data protection / confidentiality

(1) If personal data have to be processed in the context of the contractual relationship, SnapSoft and the customer will comply with the statutory data protection regulations.
SnapSoft advises customers in accordance with the General Data Protection Regulation (GDPR) that customer data will be stored. This data is only passed on to third parties if this is necessary for the fulfillment of the contract. If we then have to pass on data to third parties, we will only do so under the condition that they commit to protecting your data by contract.

(2) The customer is responsible for the declarations of consent required by his customers and contractual partners in accordance with the provisions of the Data Protection Act.

(3) SnapSoft undertakes to maintain the strictest confidentiality about all confidential processes that it becomes aware of in the course of the preparation, implementation and fulfillment of this contract, in particular business or trade secrets of the customer, and neither to pass them on nor to exploit them in any other way. This applies to any unauthorized third party, ie also to unauthorized employees of both SnapSoft and the customer, insofar as the disclosure of information is not necessary for the proper fulfillment of the contractual obligations of SnapSoft. This does not apply to information that is publicly accessible or that becomes publicly accessible without unauthorized action or omission on the part of the contracting parties or that has to be made accessible due to a court order or a law. In cases of doubt, SnapSoft will obtain consent from the customer prior to such disclosure.

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

(5) SnapSoft undertakes to agree with all employees and subcontractors employed by it in connection with the preparation, implementation and fulfillment of this contract a regulation which is identical to the above paragraph 3 of this contract point.

§ 12 Applicable law, place of jurisdiction

(1) German law applies exclusively to this contract.

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

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

§ 13 Miscellaneous

(1) Verbal subsidiary agreements have not been made. Changes, additions and additions to this contract are only valid if they are 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 loophole in the contract.