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Terms and Conditions
1. Scope
(1) These General Terms and Conditions (AGB) apply to all contracts between
Enock Studios UG (limited liability) (hereinafter referred to as "Provider") and entrepreneurs within the meaning of § 14 BGB (hereinafter referred to as "Customer") regarding the use of the software-as-a-service (SaaS) services provided by the Provider.
(2) Deviating terms and conditions of the Customer shall not apply, even if the Provider does not expressly object to their validity in individual cases.
2. Subject Matter of the Contract
(1) The provider offers the customer a cloud-based solution that enables the use of digital punch cards, customer loyalty programs, and other marketing tools.
(2) The scope of services results from the respective current service description of the provider.
3. Conclusion of the Contract
(1) The contract is concluded by accepting the provider's offer or by the customer's registration on the platform.
(2) During the beta phase or trial versions, special conditions apply, which the customer must confirm separately before use.
4. Availability
(1) The provider offers the SaaS solution with an availability of 98% on an annual average.
(2) Excluded from this are maintenance periods, force majeure, or outages that are beyond the provider's control.
5. Maintenance and Support
(1) The provider regularly conducts updates and maintenance to ensure the security and functionality of the services.
(2) Support inquiries are answered on weekdays during normal business hours.
6. Prices and Payment Terms
(1) The use of the services is chargeable, unless a free trial period has been expressly agreed.
(2) Prices are net and exclude the applicable value-added tax.
(3) Payments are made monthly in advance, unless otherwise agreed.
7. Contract duration and termination
(1) The contract is concluded for an indefinite period and can be terminated by either party with a notice period of 4 weeks to the end of the month.
(2) The right to extraordinary termination for good cause remains unaffected.
8. Rights to the Software
(1) The provider grants the customer a simple, non-transferable right to use for the duration of the contract.
(2) Any transfer to third parties or reproduction of the software is not permitted.
9. Warranty
(1) The provider warrants that the software provided essentially conforms to the description of services.
(2) Errors are to be corrected within a reasonable period.
10. Liability
(1) The provider is liable without limitation for intent and gross negligence as well as in the case of personal injury.
(2) In cases of slight negligence, the provider is only liable for breaches of essential contractual obligations (cardinal duties) and limited to the typical, foreseeable damage arising from the contract.
(3) Liability for data loss exists only insofar as it would not have been avoided even with proper data backup by the customer.
11. Data Protection
(1) The provider processes personal data solely in accordance with the applicable data protection regulations.
(2) The customer is obliged to comply with the legal requirements of the GDPR, as far as they use the platform for their own purposes.
(3) If necessary, a data processing agreement (DPA) will be concluded with the customer.
12. Confidentiality
Both parties commit to keeping confidential information acquired in the course of the contract secret.
13. Suspension of access
The provider is entitled to temporarily suspend the customer's access if the customer violates essential contractual obligations.
14. Set-off and Right of Retention
The customer may only offset against undisputed or legally established claims.
15. Changes to the Terms and Conditions
The provider reserves the right to change these Terms and Conditions. The customer will be informed of any changes at least 6 weeks prior to their coming into effect. If the customer does not object within this period, the changes will be deemed accepted.
16. Final Provisions
(1) German law applies, excluding the UN Sales Convention.
(2) The place of jurisdiction is Hamburg, provided the customer is a merchant.
(3) If individual provisions of these GTC are ineffective, the effectiveness of the remaining provisions shall remain unaffected.
Provider:
Enock Studios UG (limited liability) in formation.
Opitzstraße 36
22301 Hamburg
HRB in formation (registration in preparation)
Email: hm@enock.de