Terms of Service
1. General
1.1 synetics: We are a company in the IT industry and specialized in documentation, asset and CMDB solutions for companies. (hereinafter "synetics"). For this purpose, we offer our customers time-limited usage rights to products of our docupike software range. "docupike Software" hereinafter refers to all software files of the docupike product range and the associated add-ons (software supplements) in their respective current version.
1.2 Terms and conditions for business transactions: The following terms and conditions govern all contractual relationships for all deliveries and services, including consulting and other ancillary services between us and our customers. The customers are exclusively entrepreneurs (in the sense of § 14 BGB). The terms and conditions are an integral part of all contracts that we conclude with our customers, even if they are not separately agreed upon again. The customer's terms and conditions shall not apply, even if we do not separately object to their applicability in individual cases.
1.3 Amendments to agreements: Additions and amendments to the agreements made, including these Terms and Conditions, must be in writing to be effective. With the exception of managing directors or authorized signatories, our employees are not entitled to make verbal agreements that deviate from the written agreement. Transmission by telecommunication, in particular by fax or by e-mail, shall be sufficient to comply with the written form, provided that a copy of the signed declaration is transmitted.
2. Subject of license: docupike tariffs
2.1 Fee-based tariff: The following regulates the granting of the use of the docupike software in the customer's company via the Internet and the provision of storage space on the servers by synetics against payment and limited to the duration of the contract.
2.2 Free of charge tariff: The Customer may also choose a free of charge tariff, for which the following conditions shall also apply. In the case of the fee-free tariff, the functionality of the docupike software is partially restricted. The customer's right to use the free tariff shall end automatically if the customer does not use the software for 30 consecutive calendar days.
3. Services of synetics; software and storage space
3.1 Right of use: synetics grants the Customer the use of the most current version of the docupike software for the agreed number of usable objects via the Internet by means of access through a browser. Synetics shall transmit access data to the customer in electronic form immediately after conclusion of the contract.
3.2 Functionality and availability: synetics shall guarantee the functionality and availability of the docupike software for the duration of the contractual relationship and shall maintain it in a condition suitable for contractual use. The IT services to be additionally provided by synetics for quality control of the docupike Software are regulated in the service level conditions.
3.3 User documentation: The scope of functions of the docupike software results from the user documentation, which can be accessed via URL and is continuously updated. The user documentation can also be viewed at any time during the use of the software.
3.4 Updates: synetics may update and further develop the docupike software at any time and, in particular, adapt it due to a changed legal situation, technical developments or to improve IT security. synetics shall take the justified interests of the Customer into account appropriately and inform the Customer of necessary updates in a timely manner. In the event of a significant impairment of the legitimate interests of the customer, the customer shall have a special right of termination.
3.5 No individualization: synetics shall not owe an adaptation to the individual needs or the IT environment of the Customer, unless the parties have agreed otherwise.
3.6 Maintenance: synetics shall carry out regular maintenance on the docupike software and inform the Customer thereof in due time.
3.7 Storage space: synetics shall provide the Customer with storage space for the storage of data and for the purpose of using the software. synetics shall ensure the retrievability of the data within the scope of using the docupike software.
3.8 Data protection: synetics shall take measures to protect the data in accordance with the state of the art. synetics shall not, however, have any custody or safekeeping obligations with regard to the data. The customer shall be responsible for sufficient backup of the data.
3.9 Ownership of the data: The customer shall remain the owner of the data stored on the servers of synetics and may demand its return at any time.
4. Scope of Use and Rights
4.1 Provision of the docupike software: The docupike software is not physically provided to the customer.
4.2 Browser access: 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 docupike Software by means of access via a browser in accordance with the contractual provisions for the most current version of the docupike Software for the number of objects specified in the contract.
4.3 Use of the docupike software: The Customer may only use the docupike Software within the scope of its own business activities by its own personnel. The customer is not permitted to use the docupike software for any other purpose.
5. Support, Service Levels, Troubleshooting
5.1 Support Service: synetics shall set up a support service for inquiries of the Customer regarding functions of the docupike Software. Further details on the availability of the docupike software, maintenance times, troubleshooting can be found in the service level conditions.
5.2 Fault reports: The Customer shall immediately report malfunctions to the contact details provided on the synetics website.
6. Obligations of the customer
6.1 Protection of access data: The customer shall protect and store the access data transmitted to him in accordance with the state of the art against access by third parties. The Customer shall ensure that the access data is only used within the contractually agreed scope. Unauthorized access shall be reported to synetics immediately.
6.2 Use of storage space: The customer is obligated not to store any data on the storage space provided, the use of which violates applicable law, official orders, rights of third parties or agreements with third parties. The customer shall check the data for viruses or other harmful components before storing them or using them in the software and shall use state of the art measures (e.g. virus protection programs) for this purpose.
6.3 Own data backups: The Customer shall be responsible for regularly making appropriate data backups.
7. Warranty
7.1 Application of tenancy law: With regard to the granting of the use of the docupike Software as well as the provision of storage space, the warranty provisions of tenancy law (§§ 535 et seq. BGB) shall apply.
7.2 Notice of defects: The Customer shall notify synetics of any defects without delay.
7.3 Scope of warranty: The warranty for only insignificant reductions in the suitability of the service shall be excluded. Liability without fault according to § 536a para. 1 BGB (German Civil Code) for defects that already existed at the time of conclusion of the contract is excluded.
8. Liability
8.1 Extent of liability: The parties shall be liable without limitation in the event of intent, gross negligence and culpable injury to life, body or health.
8.2 Notwithstanding the cases of unlimited liability pursuant to 8.1, 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 fulfillment of which is a prerequisite for the proper performance of the contract or the breach of which jeopardizes the attainment of the purpose of the contract and compliance with which the other party may regularly rely on, but limited to the damage typical for the contract and foreseeable at the time of conclusion of 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.
8.3 Persons: 8.2 shall also apply in favor of employees, representatives and organs of the parties.
9. Defects of title; indemnification
9.1 Third Party Rights: synetics warrants that the docupike Software does not violate any third party rights. Synetics shall indemnify the Customer from all claims of third parties due to infringements of property rights for which the Customer is responsible in connection with the contractual use of the software upon first request and reimburse the costs of an appropriate legal prosecution. The Customer shall immediately inform synetics of any claims asserted against him by third parties due to the contractual use of the docupike Software and grant him all necessary powers of attorney and authority to defend the claims.
9.2 Data storage: The Customer warrants that the content and data stored on the servers as well as its use and provision by synetics, do not violate applicable law, official orders, third party rights or agreements with third parties. The customer shall indemnify synetics from claims asserted by third parties due to a violation of this clause upon first request.
10. Remuneration and payment conditions
10.1 Monthly fee: The customer shall pay the agreed fee plus the statutory value added tax in advance.
10.2 Price adjustments: synetics shall be entitled to change the agreed remuneration. The date of change and the amount of the adjustment shall be communicated to the customer in writing three months in advance. However, the change may not take place earlier than 12 months after conclusion of the contract or after the last remuneration increase. An increase is permissible to a maximum extent of 10%. The customer has the right to terminate the present contract prematurely with effect from the date of the change in remuneration. The termination shall be effective if it is made in the form agreed for ordinary termination and is received by synetics no later than four weeks prior to the date of the remuneration change.
10.3 Invoicing: Invoicing shall take place monthly or annually at the beginning of the contractual term, depending on the agreement reached.
11. Term of contract and termination
11.1 Term: The contracting parties shall enter into a fixed-term contract which shall come into force on the agreed date and shall run until the specified end of the contract.
11.2 Automatic renewal and termination: The contract shall be automatically renewed for a further contract term if the Customer does not give notice of termination up to two weeks before the end of the specified term. The right to terminate without notice for good cause shall remain unaffected. In any case, the termination must be in writing.
11.3 Retransfer of data: synetics shall provide the Customer with reasonable support in retransferring the data after termination of the contract and shall offer the Customer an export function for six months after the end of the contract.
11.4 Deletion of data: synetics shall irrecoverably delete all data of the customer remaining on its servers after the expiration of six months after termination of the contractual relationship. There shall be no right of retention or lien on the data in favor of synetics.
12 Data protection; confidentiality
12.1 Data protection law: The personal data of the customer within the scope of the use of docupike is protected by the basic data protection regulation (hereinafter "DSGVO") observed by synetics.
12.2 Personal data: If and to the extent that synetics has access to personal data of the Customer within the scope of service provision, the parties shall conclude a corresponding order processing agreement in accordance with Art. 28 DSGVO prior to the start of processing. In this case, synetics shall process the corresponding personal data solely in accordance with the provisions set forth therein and in accordance with the instructions of the customer.
12.3 synetics undertakes to maintain confidentiality about all confidential information (including business secrets) that we learn in connection with this contract and its execution and not to disclose, pass on or otherwise use such information to third parties. Confidential information in this context is information that is marked as confidential or whose confidentiality is evident from the circumstances, regardless of whether it has been communicated in written, electronic, embodied or oral form. The confidentiality obligation shall not apply insofar as synetics is obligated to disclose the confidential information by law or on the basis of a final or legally binding decision by an authority or court. synetics undertakes to agree on a regulation with all employees and subcontractors that is
similar in content to the preceding paragraph.
13 Final provisions
13.1 Place of performance: The place of performance for the agreed deliveries and services as well as for the Customer's payment obligations shall be the registered office of synetics.
13.2 Place of jurisdiction: Insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be the registered office of synetics. synetics may, however, also sue the Customer at the courts of his general place of jurisdiction.
13.3 Applicable law: All legal relationships between the parties shall be governed exclusively by the law of the Federal Republic of Germany applicable to the legal relationships of domestic parties. The United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (UN Sales Convention) shall be excluded.
13.4 Arbitration board: The contracting parties agree that in the event of any disputes arising from or in connection with this contract, contract extensions or supplements, which they are unable to settle among themselves, they shall call upon the arbitration board of the German Association for Law and Information Technology (www.dgri.de/), in order to settle the dispute in full or in part, provisionally or finally, in accordance with its arbitration rules in the version valid at the time of the initiation of arbitration proceedings. The statute of limitations for all claims arising from the matter in dispute shall be suspended from the time of the request for conciliation until the end of the conciliation proceedings; Section 203 of the German Civil Code shall apply accordingly.
13.5 Loopholes: Should one or more contractual provisions or provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid contractual provision shall be replaced by a provision that comes as close as possible to the economic objective pursued by the invalid provision. The same shall apply in the event of a loophole in the contract.
By using docupike you agree to the technical and organizational measures as well as to the service level conditions.