Terms & Conditions

1. Scope

1.1 These General Terms and Conditions ("Terms") apply to all contracts between Andre Witte, Herzogstraße 4, 41747 Viersen, Germany (hereinafter "Provider") and the Customer regarding the use of the CalPager Software-as-a-Service (SaaS) solution (hereinafter "the Service").

1.2 Deviating terms and conditions of the Customer shall only apply if the Provider has expressly agreed to them in text form.

2. Subject of the Contract

2.1 The Provider provides the Customer with a cloud-based SaaS solution for managing calendars, appointments and customer data.

2.2 The specific scope of services depends on the selected plan (Free, Basic, Premium, Enterprise) and the current service description on the website.

2.3 The Provider renders its services subject to the availability of external services (e.g. hosting provider, payment provider) that are beyond its control.

3. Rights of Use

3.1 The Provider grants the Customer a simple, non-transferable and non-sublicensable right to use the Service within the scope of the selected plan for the duration of the contract.

3.2 All rights to the Service, the underlying software and the trademarks remain with the Provider. The Customer does not acquire any ownership rights to the software through the contract.

4. Conclusion of Contract and Registration

4.1 The contract is concluded through registration and selection of a plan. Registration constitutes a binding offer by the Customer, which the Provider accepts by activating the account.

4.2 The Customer receives a confirmation email with the contract details.

4.3 The Customer is obliged to provide truthful and complete information during registration and to update it immediately in case of changes.

5. Prices and Payment

5.1 Prices are based on the selected plan and are available on the website.

5.2 Payment is made monthly or annually in advance via the integrated payment provider. Available payment methods are displayed to the Customer at checkout.

5.3 All prices are exclusive of statutory value-added tax unless stated otherwise.

5.4 The Provider reserves the right to adjust prices with 30 days' notice to the next renewal period. The Customer has a special right of termination in this case.

5.5 In case of payment default, the Provider is entitled to temporarily suspend access to the service after prior notice.

6. Term and Termination

6.1 The contract runs for an indefinite period.

6.2 Either party may terminate the contract with 30 days' notice to the end of the month (for monthly payment) or to the end of the contracted annual period (for annual payment).

6.3 Termination requires text form (email is sufficient).

6.4 The right to extraordinary termination for good cause remains unaffected.

6.5 After termination of the contract, the Customer may export their data for up to 30 days via the export function. After this period, customer data will be handled in accordance with the Privacy Policy and statutory retention periods.

7. Availability and Maintenance

7.1 The Provider aims to ensure an availability of 99.5% on an annual average. Scheduled maintenance times, force majeure and disruptions beyond the Provider's control are excluded.

7.2 Scheduled maintenance is carried out outside business hours where possible and announced with 48 hours' notice.

8. Data Protection and Data Processing

8.1 The Provider processes the Customer's personal data in accordance with the provisions of the GDPR and the German Federal Data Protection Act (BDSG). Details can be found in the Privacy Policy.

8.2 Where the Provider processes personal data on behalf of the Customer, the parties shall conclude a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR.

9. Customer Obligations

9.1 The Customer is responsible for the content processed through the service.

9.2 The Customer ensures that they have the necessary consent or other legal basis for processing personal data of their end customers.

9.3 The Customer must keep their access credentials confidential and inform the Provider immediately if misuse becomes known.

10. Liability

10.1 The Provider is liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body or health.

10.2 In cases of slight negligence, the Provider is only liable for breach of material contractual obligations (cardinal obligations), limited to the foreseeable, contract-typical damage.

10.3 Liability for indirect damages, lost profits and data loss is excluded in cases of slight negligence to the extent permitted by law.

10.4 The liability limitations do not apply to mandatory statutory liability provisions (e.g. Product Liability Act).

11. Amendment of Terms

11.1 The Provider is entitled to amend these Terms with 30 days' notice. Amendments will be communicated to the Customer by email.

11.2 The Customer will be granted the right to terminate the contract extraordinarily until the amended Terms take effect.

11.3 For Customers who are merchants within the meaning of § 14 BGB (German Civil Code): If the Customer does not object within 30 days of receipt of the amendment notice, the amended Terms shall be deemed accepted. The Provider will expressly inform the Customer of this legal consequence in the amendment notice.

11.4 For Customers who are consumers within the meaning of § 13 BGB (German Civil Code): Amendments to the Terms require the express consent of the consumer.

12. Final Provisions

12.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2 The place of jurisdiction is Viersen, provided the Customer is a merchant, a legal entity under public law or a special fund under public law.

12.3 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall not be affected.

Andre Witte
Herzogstraße 4
41747 Viersen
Germany

Email: info@calpager.com
Web: https://calpager.com