General Terms and Conditions (GTC)

§ 1 Subject Matter and Scope

These Terms and Conditions govern the services provided by ApptiveGrid GmbH, Brüsseler Platz 26, 50674 Cologne, to customers who are not consumers as defined in Section 13 of the German Civil Code (BGB). These terms and conditions apply exclusively; any conflicting customer terms and conditions shall have no effect.

The provider may amend the Terms and Conditions with reasonable notice. Amendments take effect if the customer does not object within one month of receiving written notice, provided that the provider informs the customer of the right to object. This does not apply to amendments to material contractual obligations.

§ 2 Conclusion of the Contract and Offers

A completed web form or booking request constitutes a binding offer. The contract is formed upon acceptance of the offer or upon provision of services.

Offers are subject to change unless they have been designated as binding in writing. Service dates are binding only if confirmed in writing.

§ 3 Benefits

The details of the services are set forth on the current product order pages at the time the contract is concluded. Free services may be changed or discontinued at any time; the provider will provide reasonable advance notice.

The provider offers services 24/7/365 and guarantees an annual average availability of 99% (SLA). Downtime due to maintenance is not counted toward this figure. The provider is not liable for internet- or network-related outages or outages caused by third parties.

§ 4 Customer Obligations

The customer must report any malfunctions immediately. Login credentials must be kept confidential; if they are compromised, the password must be changed immediately and the provider must be notified.

The customer must use the services in compliance with the law and, in doing so, respect copyrights, trademarks, patents, and personal rights. Illegal content is prohibited.

The following are specifically prohibited:

• Mass mailing of electronic messages (spam)
• Hacking and Brute-Force Attacks
• Use of spyware, viruses, and worms

The provider may delete illegal content or block access without prior notice. In the event of a serious violation, the provider may terminate the contract for cause. The customer is liable for any resulting damages.

§ 5 Rights of Use and Indemnification

The Provider grants a non-exclusive, non-transferable, non-sublicensable, geographically unrestricted right of use for the term of the agreement. This includes new versions, updates, or upgrades. The Provider is under no obligation to provide these, except to remedy defects.

The customer may not use, reproduce, or make the services available to third parties beyond the scope of the contract.

The customer must indemnify the provider against all claims by third parties arising from unlawful use, in particular disputes relating to data protection or copyright. In the event of imminent violations, the customer must notify the provider immediately.

§ 6 Data Protection

The provider processes personal data solely in accordance with German data protection law. The current privacy policy is available on the product pages under “Privacy.”

The customer is responsible for complying with data protection regulations when using the services. If personal data is collected, the customer must obtain the consent of the data subjects, if necessary.

§ 7 Warranty

There is no warranty obligation for services provided free of charge (Free Trial, Free Edition).

For paid services, defects will be rectified—at the provider’s discretion—through an update/upgrade or a workaround.

Liability for defects is excluded if the customer or a third party makes unauthorized modifications to the product or uses it in a manner that deviates from the contract and documentation, and this is the cause of the defect.

§ 8 Liability

Free Services (Free Trial / Free Edition):
Liability is limited to cases of willful misconduct, fraud, gross negligence, or the absence of guaranteed characteristics. Any further liability is excluded. Liability for bodily injury and under product liability remains unaffected.

Paid Services:
The Provider is liable under the law for damages resulting from willful misconduct, gross negligence, or the absence of guaranteed characteristics. In cases of slight negligence regarding a material contractual obligation, the Provider is liable for foreseeable, typical damages. Any further liability is excluded. Liability for bodily injury and under product liability remains unaffected.

Data Loss:
In cases of slight negligence, the provider is liable only if the damage would have occurred even if the customer had performed daily, appropriate data backups.

§ 9 Terms of Payment and Due Dates

Payment details are provided on the current product order page. Prices are net prices. The vendor may process payments electronically.

Invoices are payable immediately without any deductions. Payment is not considered made until the Provider has access to the funds. Default occurs after 14 days. In the event of default, the Provider will charge late payment interest in accordance with § 288(2) of the German Civil Code (BGB).

In the event of a two-month delay or a delay of two months' worth of payments, the provider may suspend access. Termination for cause remains possible.

The customer may set off claims only if the counterclaims have been legally established, acknowledged, or are undisputed. A right of retention exists only for counterclaims arising from the same contractual relationship.

§ 10 Term of the Contract

Standard contracts have minimum terms of one, twelve, or 24 months (depending on the product) and can be terminated at the end of the term without a specific notice period. Custom or Flex customers have minimum terms of twelve or 24 months with a three-month notice period.

Unless notice of termination is given in a timely manner, the contract will be extended for the agreed minimum term. Notice of termination must be provided via the provider’s designated communication channels or by email. Extraordinary termination without notice for good cause remains possible.

When an account is completely deleted, customer data is automatically deleted. The customer must first back up the data locally.

§ 11 Miscellaneous

The provider may have services performed by subcontractors; it is liable for their actions as if they were its own.

Information provided in product descriptions does not constitute a warranty. Warranties require express written confirmation.

German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of merchants, legal entities under public law, or special funds under public law, Cologne is the exclusive place of jurisdiction. The same applies if there is no place of jurisdiction in Germany or if the customer’s place of residence is unknown. The provider may bring an action at the customer’s general place of jurisdiction.

Any invalid provisions shall not affect the validity of the remaining provisions of the contract; they shall be replaced by the applicable statutory provisions.

ApptiveGrid may use the customer's company name and logo for PR and marketing purposes. You may object at any time.

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ApptiveGrid GmbH · Brüsseler Platz 26 · 50674 Cologne
Tel: +49 221 56078099 · kontakt@apptivegrid.de