The ATOSS Aloud GmbH based in Munich (following: „COMPANY“) is the developer and marketer of the web app Crewmeister (im Folgenden: „WEB-APP“) and hosts a website with the domain crewmeister.com (the following: „WEBSITE“), through which interested visitors can inform according to the following conditions for the web app and after the happened registration and the created personal account could use.
The web app offers merchants and small companies different products for planning, controlling and managing their employees. Those products can be used individually or in combination. All products can be tested for free in a temporally restricted test phase. For a longer service period exceeding the test phase, the COMPANY offers different usage rights for purchase (following :„LICENSES“).
The offer of the website and the web app primarily aims at merchants and smaller companies. For this purpose the COMPANY sets up for every company(following: CUSTOMER) a dedicated access to the extent of the licence for the total number of employees, with certain usage privileges on the website functionalities. .
Any conclusion of contract for the use of the web app happens according to those general terms and conditions (following: „TERMS“), exclusively between the COMPANY and the CUSTOMER. There is no usage contract between the COMPANY and the CUSTOMERS' employees.
In line of the following general terms are supplementary standing the following definition of terms:
WEBSITE VISITORS/USER: All persons who are visiting the website.
REGISTERED USERS: All persons who create a personal account by providing their name and email address.
CREW/CREWADMINISTRATOR/CREWMEMBER: A CREW represents an organisation (for example a company, a division) on the webapp. Every CREW has exactly one CREW ADMINISTARTOR and according to the licence a number of CREWMEMBERS. In both cases, it refers to only REGISTERED USERS. Every REGISTERED USER can create a CREW and will be the CREW ADMINISTRATOR of this crew. CREW ADMINISTRATORS can invite other REGISTERED USERS to join their CREW and even unregistered employees can be invited and then be registered. By accepting the invitation, a REGISTERED USER becomes a member in that CREW.
TRIAL PERIOD: When creating a CREW, a free and temporal limited trial period for all offered products starts. For using the products after the trial period, the CREWOWNER has to buy the here for calculated licence rights.
PROTECTED AREA: Accessible area of the website, only for registered user; is separated into the administrative area ( protected area for the administration of the account- and billing data, also useable without an active LICENCE) and the product area (product- specific area, only useable for licenced products).
(1) These GENERAL TERMS control the prerequisite and conditions for using the WEBSITE through WEBSITE VISITOR and the use of REGISTERED USERS after the registration with their personal CUSTOMER data at the WEBSITE. They shall apply irrespective of whether fee- based or free trades, contents or functions who can be used without a registration. These GENERAL TERMS do not count for the contract between the CUSTOMERs.
(2) The COMPANY offers their products only for the presented GENERAL TERMS. Through the utilisation of the COMPANY services, accepts the WEBSITE USER those GENERAL TERMS. Diverging or opposing terms are not accepted by the COMPANY as long the COMPANY do not explicit consent them in written form.
(3) The scope of service is successive evolved and is not the subject of these GENERAL TERMS, but is directed towards the actually descriptions of the WEBSITE.
(4)The COMPANY offers their services only for companies according to § 14 German Civil Code (=BGB ). The utilisation of these services presupposes a registration according to the GENERAL TERMS § 2 BGB. By registration confirms the CUSTOMER being entrepreneur according to § 14 BGB
(5) The COMPANY reserves the right to change the GENERAL TERMS any time. The CUSTOMER gets instructed about any changes by the COMPANY. In this case the CUSTOMER has a special right of termination at the end of his paying period, through a written form, addressed to the COMPANY. These changes of the GENERAL TERMS are going to be part of the contract, if the CUSTOMER will not use his special right of termination during the time of one month, after receiving the message of the changes.
(6)The current version of the GENERAL TERMS is always retrievable through the WEBSITE.
(1) Every WEBSITE-USER, who fulfils the qualifications of § 1 Abs. 4, hast the opportunity to subscribe as a CUSTOMER for the WEBSITE-USE and to start a personal account. By activating the account through the COMPANY, the contract between the CUSTOMER and the COMPANY for using the WEBSITE takes effect.
(2) The CUSTOMER has the possibility to create a CREW and to invite his employees to use the here for planed functionality of the WEBSITE as a CREWMEMBER. This invitation will be send by the COMPANY by mail to the known email address of the employee. For the correctness of the CUSTOMERS mail address and the guarantee of the receipt are only the CUSTOMER or rather his employee responsible. The invited employees are having the opportunity, according to the mail- invitation as user to register themselves and to join the CREW of the CUSTOMER until the total number of CREWMEMBERS is arrived. The change of CREWMEMEBERS is possible until the total number has reached. For that use, the leaving CREWMEMBER and as also the CREWADMINISTRATOR have the opportunity to invite other CUSTOMER members to use/register for the WEBSITE-USE. By joining through another employee, the leaving MEMBER looses his belonging to the CREW and the other employee will get the CREWMEMBER.
(3) The registration as User of the WEBSITE and also as CUSTOMER is for free. Any claim of registration does not exist. The COMPANY could also link the registration to some extra conditions (for example checking the creditworthiness of the CUSTOMER).
(4) All REGISTERED USER have to indicate duly and apply the right data and correct any changes immediately in their own account or to tell the COMPANY. Particularly all REGISTERED MEMBERS have to indicate their correct mail address and complete name, which the COMPANY is using for sending by mail the contract-relevant pronouncement. Also the CUSTOMER has to indicate if necessary the existing Company name for his commercial or entrepreneurial activity- and if the acquisition of a product of charge according to § 3 Abs. 4 and 5 takes place – he has to indicate his payment and invoice data.
(5) All REGISTERED USER have to take care privately about their personal data and not to tell them to third part user.
(1) With the REGISTRATION, the CUSTOMER gets an unique FREE TRIAL PERIOD. The TRIAL PERIOD starts with the REGISTRATION and ends automatically without any need of termination by the CUSTOMER or the COMPANY.
(2) During the TRIAL PERIOD all CREWMEMBERS belonging to the CUSTOMERS CREW have the opportunity to try all functions of the WEBSITE for free and without any obligations.
(3) With the end of the free trial period the rights of use of all CREWMEMBERS ends and they cant use the products any longer. Although after the end of the trial period all members still have the opportunity to log into their personal account and to access the management area.
(1) During and after the free TRIAL PERIOD the CUSTOMER has the opportunity to pay for the usage right for the products he wants and to extend his website use. For this the CUSTOMER can chose between the different product combinations, the payment and the term of use. Right after the CUSTOMER has chosen his product licence, the usage right for all MEMBERS starts again and the CREWMEMBER are allowed to use them until the end of the licence. Those usage rights are depending on what term of use the CUSTOMER has chosen.
(2) Each chosen abo will automatically prolong for the same time period, if the CUSTOMER wont use his right of termination until the here for according period of termination. Any usage fees will be charged, at the beginning of the abo period and also at the beginning of every repeating abo period, by the last noticed payment of the CUSTOMER.
(3) The usage fee for the chosen product has to be charged by the registered payment always at the beginning of the abo- period or the repeating period.
(1) Although the WEBSITE then the WEB-USAGE are only allowed to be used for their proper use. Errors due to improper or system resources exceeding use are not allowed. (Fair-Use-Policy).
(2) Any copying of the content of the WEBSITE is without any direct approval of the COMPANY forbidden.
(1) The COMPANY does not guarantee the actuality, correctness, quality or completeness about the information given by the CUSTOMER. It is the responsibility of each CUSTOMER and his EMPLOYEES that the data and content are correct and no right of a third party gets hurt.
(2) The CUSTOMER free the COMPANY from any demands of third parties and the prices of a correct legal defends, who take place through the violations against the obligations according to Abs. 1. The CUSTOMER is obligated to the COMPANY to tell them if there is a reason for a utilisation through a third party. The CUSTOMER has immediately, correctly and truly give all information to the COMPANY who are necessary for a proof or for any defence.
(1)The COMPANY has the right to block the account of a REGISTERED CUSTOMER because of a good reason. Important reasons are in particular the following: (a) misuse of the WEBSITE or the WEBUSAGE contrary to the usage restrictions according to § 5, (b) technical manipulation of the WEBSITE or the WEBUSAGE, (c) contribution of damage software to the WEBSITE or the WEB USAGE, (d)use of the WEBSITE through unauthorized user and unsuccessful period of 10 days after the written warning, (e) a claim of to start insolvency proceeding against the customer´s assets or (f) CUSTOMER´S default of payment according to the usage fee for more then 30 days.
(1) The COMPANY is always committed to providing the highest possible technical availability of the WEBSITE and the WEBUSAGE. However can a permanent unlimited business with a view to for example necessary maintenance work or upgrade or rather further development of functionality in the course of the current status of technology cannot be assured. So the REGISTERED EMPLOYEES Die REGISTRIERTEN MITARBEITER don’t have any claim for a continuous access to their account or rather their deposited personal data. Also in an individual case they could lose their data.
(2) The COMPANY sticks for damages of the CUSTOMER, which the COMPANY, their legal representatives, executive employees or contractors or rather vicarious agents wilful or reckless precipitated.
(3) Furthermore the COMPANY sticks unattached from the debt-ratio for damages claims of the CUSTOMER out of the violation of life, the body or the health, which depends on a breach of duty of the COMPANY or according to the in paragraph Abs. 2 named category of person.
(4) By the way the liability of the COMPANY – unattached to the legal ground- is excluded. This applies especially to the demands of the CUSTOMER for lost profits, lost savings, damages resulting from third party claims or any other indirect and following damages and recorded data.
(5)in case of lost data the liability of the COMPANY is limited to the damage, who would happen through the correct data backup of the CUSTOMER.
(6) Demands against the COMPANY in case of a defect become time-barred after 12 month by the start of the statutory commencement of the limitation period.
The personal data of the CUSTOMER and of the EMPLOYEES given by the registration are going to be saved and handled by the COMPANY considering to the legal provisions. The handling of the personal data is regulated through the data protection declaration, which can be comprehended at the WEBSITE anytime.
The COMPANY is authorized to verify the declaration towards the REGISTERED USER only per mail to the deposit email address. All declarations of the COMPANY apply with the beginning of the following day, after receiving the email, so far not monetary required through any law or contract.
(1)The COMPANY reserves itself to hand over those behoving services according to the GENERAL TERMS to third parties like contractors or various agents in total or in parts.
(2) The COMPANY is authorized to hand over all rights and liabilities according to the CUSTOMERS contract, to third party in total or in parts. In case of the whole transmission of the rights and liabilities to third parties, the COMPANY has to inform the CUSTOMER. In this case the CUSTOMER has the right to a termination without notice.
Should any individual term of the GENERAL TERMS be invalid in part or total, the effectiveness of the remaining terms will not be touched. The contracting parties will collaborate to replace those invalid terms through such terms who comply as far as possible.
(1) To this treaty applies only German Law; the implementation of “harmonized UN sales law” (United Nations Convention on Contracts for the International Sale of Goods) is explicitly excluded.
(2) Place of performance and exclusively place of jurisdiction for all conflicts through or in connection with this contract is Munich.
As of: 01/01/2015