General Terms

1 Scope of application

These General Terms and Conditions (hereinafter “GTC”) apply to all contracts concluded between yonesty UG (haftungsbeschränkt) (hereinafter “Provider”) and the customer. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.

2 Subject matter of the contract

The Provider provides software products and services which are made available to the Customer for use. The exact description of the products and services can be found in the respective service descriptions on the website or in the individualized offers.

3 Conclusion of contract

The contract is concluded when the customer confirms the provider's offer by clicking on the “Order with costs” button or by accepting an individual offer in writing.

4 Prices and terms of payment

All prices are net prices plus the applicable statutory VAT. Invoices are issued monthly in advance. The customer is obliged to pay the invoice amount within 14 days of receipt of the invoice and no later than the first day of the respective month of use without deductions.

5 Rights and obligations of the customer

The customer receives a simple, non-transferable right to use the software for the term of the contract. The customer undertakes to use the software only for the contractually agreed purposes and not to grant unauthorized third parties access.

6 Availability and liability

The Provider shall endeavor to ensure an annual average availability of the software of 90%. In the event of unavoidable technical faults, the Provider shall only be liable within the scope of the statutory provisions and only for intent and gross negligence.

7 Data protection and confidentiality

The Provider undertakes to process the Customer's personal data exclusively within the framework of the statutory provisions. Further details are set out in the privacy policy. Both parties undertake to maintain confidentiality with regard to all information disclosed within the scope of the contract.

8 Contract term and termination

The contract is concluded for a minimum term of 6 months. It is automatically extended by a further 6 months if it is not terminated in writing with a notice period of 3 months to the end of the respective term.

9 final provisions

The law of the Federal Republic of Germany shall apply. The place of jurisdiction for all disputes arising from this contract is the registered office of the provider. Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.

Rental Conditions for the App

1 Subject Matter of the Contract

The provider makes the yonesty App software available to the customer for use in the following operating models: Cloud, On-Premises and Private Cloud. The exact scope of services can be found in the respective service description in the offer.

2 Rights of Use

The customer receives a non-exclusive, non-transferable right to use the software for the duration of the contract. Modifications, copies or transfer of the software to third parties are not permitted without the prior written consent of the provider.

3 Availability and Support

The provider guarantees an annual average availability of the software of 95% in the cloud model. For the on-premises model, the customer is responsible for operational reliability. Support services shall be provided in accordance with the response times defined in the offer.

4 Maintenance and Updates

In the cloud model and private cloud model, the provider provides regular updates and bug fixes. In the on-premises model, the customer undertakes to carry out regular updates independently or have them carried out by the provider (for a fee).

5 Data Protection and Security

The Provider undertakes to comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws. The customer is responsible for compliance with data protection regulations when using the software.

6 Contract Term and Termination

The rental period is 6 months and is automatically extended unless the contract is terminated in writing with a notice period of 3 months. The right to extraordinary termination for good cause remains unaffected.

7 Termination of the Contractual Relationship

After termination of the contractual relationship, the provider undertakes, in the case of the cloud operating model, to securely delete all customer data or to make it available to the customer in a common format at the customer's request and expense.

After termination of the contractual relationship, the customer undertakes to delete all yonesty apps in the case of the on-premise operating model.