§ § 1 Subject matter of the contract
The subject matter of the contract is the granting of the use of the "Bookyp" software (hereinafter referred to as "Software") via the Internet and the provision of storage space on the servers of GEPROG GmbH (hereinafter referred to as: GEPROG/Provider) by the customer (hereinafter referred to as: Customer) free of charge/for a fee and limited in time to the term of the contract.
§ 2 Services of GEPROG; software and storage space
- GEPROG grants the customer the use of the latest version of the software for the agreed number of authorised users via the Internet by means of access through a browser. The customer has the option to choose between different plans:
- Free Plan (1-5 users): The use of the software with 1-5 members is free of charge. After registering on bookyp.de and creating a user account, the customer uses the free plan by default. The 1-5 users are then able to use 1-3 bookables for up to 60 bookings per month.
- Standard Plan (Up to 50 users): For the use of the software with up to 50 members, the customer can upgrade his plan to the Standard Plan via the "Upgrade button". In the Standard Plan, the customer can create up to 50 bookables. The number of bookings per bookable is unlimited. The upgrade costs 39€ per month.
- Pro Plan (Up to 250 users): For the use of the software with up to 250 members, the customer can upgrade his plan to the Pro Plan via the "Upgrade button". In the Pro Plan, the customer can create up to 250 bookables. The number of bookings per bookable is unlimited. The upgrade costs 99€ per month.
- Enterprise Plan: There is a possibility for bigger companies to negotiate individual plans by contacting us per e-mail hello(at)bookyp.de or giving us a call at: +49 431 90896808.
- The customer may select a plan for each Space and switch between the different plans at any time.
- GEPROG guarantees the functionality and availability of the software for the duration of the contractual relationship and shall maintain it in a condition suitable for use in accordance with the contract. The functional scope of the software and the conditions of use are described in more detail at www.bookyp.de.
- GEPROG may update and further develop the software at any time and, in particular, adapt it due to changes in the legal situation, technical developments or to improve IT security.
- GEPROG shall not be obliged to adapt the software to the customer's individual needs or IT environment unless the parties have expressly agreed otherwise in writing.
- GEPROG regularly performs maintenance on the software. As a result, the software may be temporarily unavailable.
§ 3 Scope of use and rights
- The software shall not be physically transferred to the customer.
- The customer shall receive simple, i.e. non-sublicensable and non-transferable rights, limited in time to the duration of the contract, to use the software by means of access via a browser in accordance with the contractual provisions for the most current version of the software for the contractually agreed number of users.
- The customer may only use the software within the scope of his own business activities by his own personnel or, in the case of private use, for purely private purposes. The customer is not permitted to use the software for any other purpose.
§ 4 Service Levels; Troubleshooting
- GEPROG guarantees an overall service availability of at least 90% per month at the handover point. The delivery point is the router exit of GEPROG's data center.
- Availability is defined as the customer's ability to use all main functions of the software. Maintenance periods as well as periods of malfunction subject to the remedial period shall be deemed to be periods of availability of the software. Times of insignificant malfunctions shall not be taken into account when calculating availability. GEPROG's measuring instruments shall be decisive for the proof of availability.
- The customer shall notify GEPROG of any malfunctions without delay. A fault report can be submitted around the clock via the ticket system provided by GEPROG.
- GEPROG shall remedy serious faults (use of the software as a whole or a main function of the software is not possible) within 16 hours of receipt of the fault report at the latest (remedy time). If it is foreseeable that the malfunction cannot be remedied within this period, GEPROG shall inform the customer thereof without delay and notify the customer of the expected exceeding of the time period.
- Other significant faults (main or secondary functions of the software are disturbed but can be used; or other not only insignificant faults) shall be remedied within 48 hours at the latest within the service times (remedying time).
- The elimination of insignificant malfunctions is at GEPROG's discretion.
§ 5 Duties of the customer
- The customer shall protect the access data transmitted to him against access by third parties and keep them safe in accordance with the state of the art. The customer shall ensure that the access data is only used to the contractually agreed extent. GEPROG must be notified immediately of any unauthorized access.
- The customer is obliged not to store any data on the storage space provided, the use of which violates applicable law, official orders, third-party rights or agreements with third parties.
- The customer is responsible for regularly making appropriate data backups.
§ 6 Warranty
- Insofar as the customer uses the software within the framework of a free plan, the provisions of the loan (§§ 589 ff. BGB) shall apply to this.
- Regarding the granting of the use of the software in return for payment within the framework of the plans referred to in § 2 para. 2 as well as the provision of storage space, the warranty provisions of tenancy law (§§ 535 et seq. BGB) shall apply.
- The warranty provisions of tenancy law (§§ 535 et seq. BGB) shall also apply in the event of non-payment by the customer
- GEPROG reserves the right, in accordance with § 543 sentence 2 no. 3 a) BGB, to reduce the service to the features available in the Free Plan after the customer has failed to make payment on two consecutive payment dates (normally two months) and thus to terminate the rental relationship
- The customer shall notify GEPROG of any defects without delay.
- The warranty for only insignificant reductions in the suitability of the service is excluded. The strict liability pursuant to § 536a (1) of the German Civil Code (BGB) for defects that already existed at the time of the conclusion of the contract is excluded.
§ 7 Legal liability
- If the software is made available to the customer for use free of charge and the customer suffers damage, GEPROG shall only be liable to the extent that the damage was caused by the contractual use of the software and only in the event of intent (including fraudulent intent) and gross negligence on the part of the service provider.
- Insofar as the software is provided to the customer for use against payment, the following shall apply:
- The parties shall be liable without limitation in the event of intent, gross negligence and culpable injury to life, limb, or health.
- Notwithstanding the cases of unlimited liability pursuant to § 7 para. 2 a), the parties shall be liable to each other in the event of a slightly negligent breach of duty only in the event of a breach of material contractual obligations, i.e. obligations the fulfilment of which is a prerequisite for the proper performance of the contract or the breach of which jeopardises the attainment of the purpose of the contract and compliance with which the other party may regularly rely on, but limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
- The above limitations of liability shall not apply to liability under the German Product Liability Act (Produkthaftungsgesetz) or to guarantees given in writing by one of the parties.
- § 7 also applies in favor of employees, representatives, and organs of the parties.
§ 8 Legal Defects; Indemnification
- GEPROG warrants that the software does not infringe any third-party rights. The customer shall immediately notify GEPROG of any claims asserted against it by third parties due to the contractual use of the software.
- The customer warrants that the content and data stored on GEPROG's servers, as well as its use and provision by GEPROG, do not violate applicable law, official orders, third-party rights or agreements with third parties. The customer shall indemnify GEPROG upon first request against any claims asserted by third parties due to a violation of this clause.
§ 9 Terms of payment and remuneration
- The use of the Free Plan is free of charge with up to 5 users.
- For the use of the Standard Plan, the customer shall pay a monthly fee of 39€.
- For the use of the Pro Plan, the customer pays a monthly fee of 99 €.
- Invoicing for the Standarda and Pro takes place at the end of the month. Invoicing takes place on a daily basis, so that in the event of a change between the plans or a termination of a plan requiring payment, only the booked usage time is invoiced.
§ 10 Contract period and termination
- The contract shall enter into force in each case upon booking of a plan and receipt of GEPROG's declaration of acceptance and shall be concluded for an indefinite period.
- The contract may be terminated by either party at any time without notice. Plans may be cancelled by the customer using the cancellation function provided on the bookyp.de website.
- The right to terminate without notice for good cause remains unaffected.
- GEPROG shall delete all customer data remaining on its servers in an unrecoverable manner two years after termination of the contractual relationship.
§ 11 Data Protection; Confidentiality
- The parties shall comply with the applicable data protection provisions applicable to them in each case.
- If and to the extent that GEPROG has access to the customer's personal data in the course of providing the services, the parties shall conclude a corresponding order processing agreement prior to the start of the processing and attach it to this agreement as an annex. In this case, GEPROG shall process the relevant personal data solely in accordance with the provisions set forth therein and the instructions of the customer.
§ 12 Final provisions
- Should any individual provisions of this contract be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall replace such provisions with effective and feasible provisions which correspond as closely as possible to the meaning and economic purpose as well as the intention of the parties at the time of conclusion of the contract. The same shall apply in the event of a loophole in the contract.
- There are no oral or written ancillary agreements to this contract. Amendments to this contract and its annexes must be made in writing.
- German law shall apply to the exclusion of the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980.
- The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be GEPROG's registered office.