Terms and Conditions
As of: {{MONTH}} {{YEAR}}
§ 1 Scope
(1) These Terms and Conditions (hereinafter "T&C") of WAMOCON GmbH, Mergenthalerallee 79 - 81, 65760 Eschborn (hereinafter "Provider"), apply to all contracts for the use of the Software-as-a-Service platform {{PROJECT_NAME}} (hereinafter "Platform"), provided via the website {{DOMAIN}}.
(2) The Platform is aimed at businesses and commercial users (hereinafter "Client") and their respective users (hereinafter "Users"). This is a B2B offering. Consumers within the meaning of § 13 BGB (German Civil Code) are not the target audience.
(3) Deviating, conflicting, or supplementary terms and conditions of the Client shall not become part of the contract unless the Provider expressly agrees in writing.
§ 2 Conclusion of Contract
(1) The presentation of the Platform and its features on the website does not constitute a binding offer within the meaning of § 145 BGB, but rather an invitation to submit an offer (invitatio ad offerendum).
(2) The Client submits a binding offer by completing the registration process on the Platform and accepting these T&C.
(3) The contract is concluded when the Provider accepts the Client's offer by activating access.
§ 3 Service Description
(1) The Provider makes the Platform available to the Client as Software-as-a-Service (SaaS) via the Internet.
(2) The precise scope of features is set out in the current service description on the website.
(3) The Provider is entitled to further develop, expand, and adapt the Platform. Material restrictions to the scope of features will be communicated to the Client in advance.
§ 4 Usage Rights
(1) The Provider grants the Client a simple, non-transferable, non-sublicensable right to use the Platform for the duration of the contract.
(2) The Client may only use the Platform for its own business purposes.
§ 5 Client Obligations
(1) The Client shall keep its access credentials confidential and protect them from third-party access.
(2) The Client shall ensure that use of the Platform complies with applicable law.
§ 6 Availability
(1) The Provider shall endeavour to maintain an annual average availability of 99.5%.
(2) Scheduled maintenance windows announced in advance shall not count as downtime.
§ 7 Data Protection
The processing of personal data is governed by the Provider's Privacy Policy and the provisions of the GDPR.
§ 8 Liability
(1) The Provider shall be fully liable for damages arising from injury to life, body, or health, as well as for intent and gross negligence.
(2) Otherwise, liability is limited to foreseeable, typically occurring damages.
§ 9 Contract Duration and Termination
(1) The contract is concluded for an indefinite period and may be terminated by either party with one month's notice to the end of a calendar month.
(2) The right to extraordinary termination for good cause remains unaffected.
§ 10 Final Provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction is Eschborn, provided the Client is a merchant.
(3) Should individual provisions of these T&C be invalid, the validity of the remaining provisions shall remain unaffected.
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> Note: This is a template. Replace all `{{PLACEHOLDERS}}` with your project-specific information. Have the T&C reviewed by a lawyer before publication.