1.1 The following Terms and Conditions are the basis of all offers, agreements and contracts of Devano GmbH for its product RebaseData (the “Provider”).
1.2 By using the services of the Provider these Terms and Conditions are accepted. Persons and companies using the services offered by the Provider are hereinafter referred to as “Clients”.
1.3 Deviating or supplementary terms and conditions of Clients only apply, if they are expressly accepted the Provider in writing.
1.4 Our service is only offered to businesses (Kaufleute), not to consumers (Verbraucher).
2.1 The Provider offers database conversion services via its RebaseData Website or the RebaseData Application Programming Interface to the Client.
2.2 The services are offered in different categories with different scopes of service (hereinafter referred to as “Plans”).
3.1 Services provided under the Freemium Plan are free of charge.
3.2 The Provider does not provide any support services or updates under the Freemium Plan.
3.3 The Provider reserves the right to discontinue the services at any time, without prior notice.
3.4 The Client may terminate the Freemium Plan by deleting its account via the login panel, unless another termination option is specified on the website or offered by these Terms and Conditions.
4.1 Services offered under the Premium Plan are only owed for a fee based on the pricing provided on the RebaseData website at the time the agreement is entered into.
4.2 The payment is due in advance.
4.3 The term of a contract established under the Premium Plan provisions is determined by the duration selected by the Client on the RebaseData website.
4.4 Support for the Premium Plan is offered on a commercially reasonable effort basis with a limit of 30 minutes per month.
5.1 A contract for an Enterprise Plan is only concluded when the Client requests a proposal from the Provider, the Provider submits a corresponding proposal and the Client signs this proposal.
5.2 The Provider will provide the services owed no later than 14 days after the conclusion of the contract. This period may be extended for good cause.
5.3 The scope of services and support for the Enterprise Plan depends on the provider's offer. If the offer does not contain any information on support, it is provided on a commercially reasonable effort basis.
5.4 The Enterprise Plan has a fixed duration and renews automatically if it is not cancelled via E-Mail 90 days prior to the end of the contract period.
5.5 If the offer for the Enterprise Plan contains a certain number of support units per month (1 unit = 15 minutes) and the amount of support in a given month exceeds the available support units, the Provider will inform the Client and proceed only after receiving confirmation regarding the possibility of additional fees.
5.6 Invoices are to be paid after 14 days at the latest. In case of late payment, the Provider reserves the right to restrict or block the services until payment is received.
6.1 The Client is granted a non-exclusive, time-limited, non-transferable right to use the software provided by the Provider for the duration of the Agreement or for the use of the Services on the RebaseData Website.
6.2 The Client may convert only its own database files or database files for which it has the appropriate legal authorization or rights of usage.
6.3 The Provider reserves the right to block the Client's use for good cause. Good cause is for example - but not exclusively – excess or illegal use of the services.
7.1 The Client is obliged to thoroughly test the services provided for usability in the specific situation before starting productive use.
7.2 The Client is obliged to take appropriate precautions in case the services do not work properly in whole or in part (e.g. by data backup, fault diagnosis, regular testing of results, emergency planning).
7.3 The Client must retain the original (non-converted) data on its own system so as to mitigate any risk of data loss in connection with the service offered by the Provider.
8.1 The Provider does not guarantee the success, correctness and/or completeness of the conversion. It is the responsibility of the client to verify the result of the conversion.
8.2 The Provider's liability is limited to foreseeable, typical damage for services such as the ones offered by the Provider.
8.3 We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
8.4 In other cases, we shall only be liable - unless otherwise stipulated in para. 8.5 - in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the Client may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 8.5.
8.5 Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
9.1 By using our services, you agree to be bound by our Data Processing Agreement (DPA), which outlines the terms and conditions governing the processing of your data. The DPA is an integral part of these general terms.
9.2 The Provider reserves the right to change the Terms and Conditions at any moment without indicating any reasons, by merely informing the Client via email two weeks before the changes become effective.
9.3 To the extent permitted by law, Munich, Germany shall be the place of jurisdiction. The law of the Federal Republic of Germany shall apply to the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods.
9.4 Dispute resolution: The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.