Terms & Conditions

1. Scope of Application

1.1 These General Terms and Conditions (GTC) apply to all contracts between Andre Witte, Herzogstraße 4, 41747 Viersen, Germany (hereinafter the "Provider") and the customer concerning 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 Matter of the Contract

2.1 The Provider makes a cloud-based SaaS solution available to the customer for managing calendars, appointments, and customer data.

2.2 The specific scope of services results from 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 providers, payment providers) that are outside its sphere of influence.

3. Rights of Use

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

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. The 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 without undue delay in the event of changes.

5. Prices and Payment

5.1 Prices are based on the selected plan and can be viewed on the website.

5.2 Payment is made monthly or annually in advance via the integrated payment provider. The 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, effective as of the next renewal period. In this case, the customer has an extraordinary right of termination.

5.5 In the event of default in payment, the Provider is entitled to temporarily block access to the Service after prior reminder.

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, effective at the end of the month (for monthly payment) or at the end of the booked contract year (for annual payment).

6.3 Termination must be made in 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 back up their data via the export function for a further 30 days. After expiry of this period, the data will be handled in accordance with the privacy policy and statutory retention periods.

7. Availability and Maintenance

7.1 The Provider endeavors to ensure an availability of 99.5% on an annual average. Excluded from this are scheduled maintenance windows, force majeure, and disruptions outside the Provider's sphere of influence.

7.2 Scheduled maintenance work will, where possible, be carried out outside business hours and announced with 48 hours' advance notice.

8. Data Protection and Data Processing on Behalf

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 To the extent that 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. Obligations of the Customer

9.1 The customer is solely responsible for the content they process via the Service.

9.2 The customer ensures that they have the necessary consents or other legal bases for processing the personal data of their end customers.

9.3 The customer must keep their access credentials confidential and inform the Provider without undue delay if any misuse becomes known.

10. Customer-Provided Scripts, Third-Party Services, and Data Protection Responsibility

10.1 In certain plans, the customer may embed their own scripts (e.g. JavaScript), forms, or third-party services (e.g. analytics or advertising services) into the pages provided via the Service (hereinafter "Customer Embeddings").

10.2 For all data processing operations initiated or triggered by Customer Embeddings, the customer alone is the controller within the meaning of Art. 4 No. 7 GDPR. The Provider is the controller under data protection law exclusively for the basic technical operation of the pages, in particular for hosting, server log files, and technically necessary cookies.

10.3 When using Customer Embeddings, the customer is in particular obliged to

a) provide their own accurate and complete privacy policy on their page, or to supplement or replace the basic privacy policy provided by the Provider accordingly,

b) obtain the necessary consents from page visitors before executing scripts that require consent (in particular pursuant to Section 25 of the German Telecommunications Digital Services Data Protection Act (TDDDG) and Art. 6(1)(a) GDPR), for example by means of suitable consent management, and

c) fulfil the information obligations under Art. 13 and 14 GDPR vis-à-vis page visitors.

10.4 As the provider of the page's content, the customer is obliged to provide and keep up to date their own legal notice (imprint) that complies with the statutory requirements (Section 5 of the German Digital Services Act (DDG)).

10.5 The customer shall indemnify the Provider against all third-party claims arising from Customer Embeddings or from the breach of the obligations under this Section 10, including reasonable costs of legal defense. This does not apply to the extent that the customer is not responsible for the breach of obligation.

10.6 The Provider is entitled to deactivate Customer Embeddings or to temporarily block the affected page if there are concrete indications that they violate applicable law, official orders, or these GTC. The Provider will inform the customer thereof without undue delay, to the extent legally permissible.

11. Liability

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

11.2 In cases of slight negligence, the Provider is only liable for the breach of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical for this type of contract.

11.3 Liability for indirect damages, lost profits, and loss of data is excluded in cases of slight negligence, to the extent legally permissible.

11.4 The limitations of liability do not apply in cases of mandatory statutory liability (e.g. under the German Product Liability Act).

12. Amendments to the GTC

12.1 The Provider is entitled to amend these GTC with 30 days' notice. Amendments will be communicated to the customer by email.

12.2 In the notification of amendment, the customer will be granted the right to terminate the contract extraordinarily before the amended GTC take effect.

12.3 For customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB): If the customer does not object within 30 days of receipt of the notification of amendment, the amended GTC shall be deemed accepted. The Provider will expressly point out this legal consequence in the notification of amendment.

12.4 For customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB): Amendments to the GTC become effective only through separately obtained consent.

13. Final Provisions

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

13.2 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.

13.3 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

Andre Witte Digital & Sound
Herzogstraße 4
41747 Viersen
Germany

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