I. Scope of application
These General Terms and Conditions apply to the provision of SaaS services and the provision of software solutions as part of the IoT servicethe eMitter® Cloudand the associated software and server applications by us, Futura GmbH, Rudolf-Diesel-Str. 35, 33178 Borchen, in accordance with the specifications in Appendix 1. The Service Level Agreement (SLA) applies to service and maintenance in Appendix 2. Our General Terms and Conditions of Sale, available at www.futura-germany.com/agb. In the event of contradictions, these General Terms and Conditions shall take precedence over our General Terms and Conditions of Sale.
II Subject matter
(1) We grant you access to the eMitter® Cloud and a time-limited, non-exclusive and non-transferable license to the software applications available there for the duration of the contract term.
(2) In addition, for the duration of the contract term, access to the eMitter® Cloud and the associated software applications is granted via the eMitter® app, which we make available for download free of charge from the Google Play or App Store.
III Commencement of benefits
The contract term begins at the start of the month following the month in which the hardware device was purchased.
IV. Provision fee, license and support fee
(1) The agreed license and support fee, which covers both the provision of the cloud service and the provision of the software module as well as software maintenance and support services, shall be paid in advance.
(2) Individual adaptations, e.g. of the software module by means of an individual interface, as well as any training courses shall be agreed and invoiced separately.
(3) Special solutions such as all-inclusive prices or other alternative price models must be agreed in individual contracts.
(1) We provide a support hotline from Monday to Friday from 08:00 to 16:00, subject to changes in company or collectively agreed working time regulations. Public holidays in North Rhine-Westphalia and December 24 and 31 are excluded. The support hotline assists you with problems using the software modules and answers questions about software errors and application problems. Inquiries can also be made in writing or by e-mail. The support hotline does not explain specific software functions or how to implement the software module in your work processes; these are services that you can order via additional training courses.
In addition, the Service Level Agreement in
Annex 2
to this contract.
(2) We are obliged to maintain the software modules. Software maintenance includes in particular the adaptation to legally prescribed requirements and the ongoing further development of the software. Updates to the cloud solutions are included in the software maintenance and are carried out by us.
(3) We are not liable for the temporary unavailability of the application as part of necessary maintenance work. Maintenance work must be announced by us 24 hours in advance. If a security threat requires action at short notice, we are entitled in this case to carry out the maintenance work immediately.
(1) Since software – especially of a complex nature – cannot be developed completely free of errors, we only guarantee that our software applications do not have any malfunctions that impair their use more than insignificantly.
(2) If a software error occurs during the term of the contract, you must notify us immediately. The notification must be so specific that the faulty program sequence can be reproduced. The warranty claims resulting from the software error are initially limited to immediate rectification. You are only entitled to a reduction in the license and support fee and to withdraw from the contract after the rectification has failed twice within a reasonable period or we have seriously and finally refused to rectify the problem.
VII Data protection
The data protection provisions of the provider at https://www.futura-germany.com/datenschutz/ apply.
The processing of your data is carried out by us on our behalf in accordance with the order processing agreement in
Appendix 3
.
We take appropriate technical and organizational measures to protect your data from loss, theft or manipulation in accordance with the state of the art.
VIII. Contract term
The contract begins with the commencement of benefits (Section II.) and has a term of 12 months. It is automatically extended by a further 12 months unless one of the parties gives at least three months’ notice before the end of the contract
The statutory provisions on extraordinary termination remain unaffected.
We are entitled to change the monthly license and support fee at our reasonable discretion if there are increases or decreases in our own total costs. Examples of cost elements that influence the calculation of the fee are personnel costs, costs for the technical provision of support and other sales costs (invoicing, payment, marketing, etc.), general administrative and other overhead costs (e.g. rent, interest and other financing costs, costs for personnel, service providers and services, IT systems, energy) as well as government-imposed fees, contributions, taxes and levies. You will be notified of any price changes at least three months before they take effect, together with the reasons for the changes in relation to the cost element(s) concerned.