- Terms of Use

- Object

- Changes to the Terms of Use

- Contractual partner

- Accessing the app and in-app purchases

- Purchase of licenses via the webshop

- Provision of the app

- Technical requirements

- Availability

- Change of the app

- Rights of use of the app

- Other services of the provider

- Customer’s obligations

- Prohibited activities

- Remuneration and due date

- Failure to fulfill main performance obligations

- Warranty

- Limitation of liability

- Terms and termination

- Data security and data protection

- Other provisions

The provider provides the customer and its employees with its Rainconnect app (hereinafter referred to as the "app"), a trade fair tool that offers effortless and efficient contact management - with many functions and individual accounts for the customer's employees. The subject of the contractual relationship is the provision of the app for the use of its functionalities, the technical enabling of the use of the app and the granting of rights of use to the app as well as the provision of storage space for the data generated by the customer through use of the app and/or the data required for the use of the app by the provider to the customer against payment of the agreed fee. Deviating general terms and conditions of the customer do not become part of the contractual relationship. The terms of use of the respective app store (e.g. Apple, Google, etc.) also apply. In the event of contradictions between the terms of use of the respective app store and the terms of use of the app, the terms of use of the app take precedence.

The provider reserves the right to change these terms of use, even within existing contractual relationships. The provider will notify the customer of such changes at least 30 days in advance. If the customer does not object within 30 days and continues to use the service, the changes are deemed to have been agreed; otherwise the contract will continue under the previous conditions. In the notification of changes, the provider will inform the customer of his right to object and the consequences.

The customer is only permitted to access and use the app and to purchase licenses if this is done in the exercise of his commercial or independent professional activity. Consumers are prohibited from accessing and using the app and purchasing licenses. In the case of a legal entity, licenses must be purchased by a natural person with full legal capacity and authority to represent the company.

Accessing and using the app during the test phase is free of charge. The customer has the option of purchasing licenses via in-app purchase in order to be able to use the app beyond the test phase or to add further licenses. The conclusion of the user agreement for the test version of the app depends on the rules of the respective app store provider (e.g. Apple, Google, etc.). The contract is usually concluded when the customer presses the "Install" button in the respective app store and enters their password if necessary. For in-app purchases within the app, the contract is concluded when the customer presses the "Buy now" button or a similar button as part of an in-app purchase and, if necessary, enters their password for the respective app store. Before completing the in-app purchase, the customer can check their details for any input errors. Using the buttons and input fields available, the customer can navigate within the in-app purchase process and make corrections if necessary. Since the customer purchases the licenses via their account with the respective app store provider, the provider does not request any billing or payment data. Any input errors that may exist must be corrected with the respective app store provider. The provider saves the contract text beyond the conclusion of the contract. However, the customer can no longer access the contract text via the provider after the contract has been concluded. The customer can also view these terms of use on the provider's website. Using the save and print function of their browser, the customer has the option of saving these terms of use permanently on a data carrier. The customer will receive the remaining contract information and data via the automatic order confirmation from the respective app store provider, which the customer can also save or print out. The contract language is German.

The customer has the option of purchasing licenses via the provider's web shop in order to be able to use the app beyond the test phase or to add further licenses. The customer submits a binding application to purchase the selected licenses using the corresponding button at the end of the ordering process. Before submitting his order, the customer is shown a summary in order to identify any input errors. Using the buttons and input fields available in the ordering process and/or the forward and back function of his browser, the customer can move within the ordering process and make corrections if necessary. The provider then sends the customer a confirmation of receipt by email. The confirmation of receipt documents that the customer's order has been received by the provider and does not yet constitute acceptance of the application. The contract is only concluded when the provider sends the contract confirmation, which is sent in a separate email. This email contains the content of the contract including the general terms and conditions. The provider then sends the customer the contract confirmation by email, through which the contract is concluded; If the customer pays during the ordering process, the contract is concluded by the customer's payment instruction. Larger orders are made on request by email. After the customer has provided and sent the data requested by the provider, the provider will send the customer a binding offer to conclude a contract by email. By clicking on the link contained in the email, the customer accepts the provider's offer. This concludes the contract. Before submitting his contractual declaration, the customer can check the communication between the contracting parties for input errors and inform the provider of any input errors. The provider stores the contract text after the contract has been concluded. However, the customer can no longer access the contract text via the provider after the contract has been concluded. The customer is therefore required to archive the contract text himself. The contract language is German.

The provider keeps the app available for use in the latest version. The scope of the app's functions is determined by the respective contractual agreements and, in addition, by the functionalities currently available in the app. The handover point for the app is the router output of the provider's data center.

A current version of a standard browser is required to use the app. The provider is not responsible for the quality of the required hardware and software on the customer's side or for the telecommunications connection between the customer and the provider up to the handover point. The user is responsible for creating the technical requirements necessary for the contractual use of the services within the user's area of responsibility. The provider is not obliged to provide the user with any advice in this regard.

The provider is responsible for ensuring that the app is available at the handover point at a quarterly average of 99.5%. The availability calculation does not include maintenance windows, which are announced by the provider one week in advance. The typical interests of customers are taken into account when setting the maintenance windows. In addition, the right to use the services available on the platform only exists within the scope of the provider's technical and operational capabilities. The provider endeavors to ensure that its services are available as uninterruptedly as possible. However, temporary restrictions or interruptions may occur due to technical faults (such as power outages, hardware and software errors, technical problems in the data lines).

The provider is entitled to change the app or its functions to the extent that functions are expanded, adapted to technical progress and/or improvements are made; this applies in particular if the adaptation appears necessary to prevent misuse or if the provider is obliged to adapt the service due to legal regulations.

The customer receives simple (non-sublicensable and non-transferable) usage rights to the app limited to the term of the contract. The customer may only use the app for his own business activities. The customer is not entitled to any rights not expressly granted to the customer above. The customer is not entitled to use the app beyond the agreed use or to have it used by third parties or to make the app accessible to third parties. In particular, it is not permitted to copy, sell or temporarily transfer the app, in particular not to rent or lend it. For each case in which the customer culpably enables the use of the app by third parties, the customer must pay an immediately due contractual penalty in the amount of the fee for using the app. The right to claim damages remains reserved; in this case, the contractual penalty will be offset against the claim for damages.

The provider provides the customer with an FAQ for the app written in German. The provider will update the FAQ on an ongoing basis. Additional services from the provider can be agreed at any time in text form, in particular individual adaptations of the app, advisory services on the app or on the customer's business activities or other services. Such additional services will be provided against reimbursement of the proven expenditure at the provider's generally applicable prices at the time of the order.

It is the customer's responsibility to: check the content generated by text recognition and AI for plausibility and accuracy; the customer is aware that text recognition and AI make work easier according to the current state of the art, but do not work error-free; the customer will therefore always compare the data generated to ensure correctness; for marketing activities, in particular sending emails by transferring them to their email client, ensure that there is a legal basis, such as the consent of the contact; to regularly back up/export the data generated using/in the app and in accordance with the importance of the data and to create your own backup copies or transfer the data to your own systems in order to enable the data to be reconstructed if it is lost.

The customer is prohibited from any activities that violate applicable law or infringe the rights of third parties, as well as any activities that are likely to impair the smooth operation of the app, in particular by placing excessive strain on the provider's systems. The customer indemnifies the provider against claims by third parties that are based on unlawful use of the app by the customer or that arise from data protection, copyright or other legal disputes caused by the customer that are associated with the use of the app. Account sharing between employees or with external third parties is also not permitted.

The remuneration for the services to be provided for granting use of the app and providing storage space is based on the respective contractual agreements. The provider will invoice the customer for the contractually owed remuneration on a monthly basis. The monthly invoices are due for payment within two weeks. The provider is entitled to increase the remuneration for the first time after one year from the start of the contract with a written notice of one month to the beginning of the following month, if and to the extent that its costs for the proper execution of the contract have increased. The customer has the right to terminate the contractual relationship in writing within one month of receiving the notice. The provider will inform the customer of this right of termination together with each notice. Other services are provided by the provider based on the effort (time & material) at the general list prices of the provider applicable at the time of the order. Remuneration is owed plus VAT in the statutory amount applicable at the time. The customer is only permitted to offset undisputed or legally established counterclaims. The customer can only assert a right of retention if it is based on the same contractual relationship.

If the provider fails to fully or partially comply with the agreed obligations after the app has been made operational, the monthly usage fee will be reduced proportionately for the period during which the app was not available to the customer to the agreed extent or the storage space was not available to the agreed extent.

To the extent that tenancy law is applicable, the statutory provisions on warranty in tenancy agreements generally apply. Sections 536b BGB (tenant's knowledge of the defect upon conclusion or acceptance of the contract) and 536c BGB (defects occurring during the rental period; notification of defects by the tenant) apply. However, the application of Section 536a Paragraph 2 BGB (tenant's right to remedy the defect himself) is excluded. The application of Section 536a Paragraph 1 BGB (landlord's obligation to pay damages) is also excluded insofar as the norm provides for liability regardless of fault.

In the event of intent or gross negligence, the provider is liable without limitation for all damage caused by him or his legal representatives or vicarious agents. In the event of slight negligence, the provider is liable without limitation in the event of injury to life, body or health. Otherwise, the provider is only liable if he has breached a material contractual obligation. Material contractual obligations are those obligations that are of particular importance for achieving the contractual objective, as well as all those obligations that, in the event of a culpable breach, can lead to the achievement of the contractual purpose being jeopardized. In these cases, liability is limited to compensation for foreseeable, typically occurring damage. The provider's strict liability for damages (Section 536a of the German Civil Code) for defects existing at the time the contract was concluded is excluded; paragraphs 3 and 4 remain unaffected. Liability under the Product Liability Act remains unaffected.

The respective agreed contract term applies. If the contracting parties agree on a contract term of one month, the contract is extended by a further month unless one party terminates the contract with a notice period of seven days before the end of the respective contract term. If the contracting parties agree on a contract term of one or two years, the contract is extended by a further year unless one party terminates the contract with a notice period of three months before the end of the respective contract term. The right to extraordinary termination remains unaffected. If the contracting party entitled to terminate has known for more than two months about the circumstances justifying extraordinary termination, he can no longer base the termination on these circumstances. The provider can terminate the contract without notice if the customer is in arrears with payment of the prices or a not insignificant part of the prices for two consecutive months or with payment of the fee in an amount that reaches the fee for two months in a period extending over more than two months. An important reason exists for the provider in particular in any case in which: the customer is in arrears with the payment of the agreed remuneration for two consecutive dates or the customer is in arrears with the payment of remuneration in an amount corresponding to the remuneration for two months over a period extending over more than two dates; the customer is insolvent or insolvency proceedings have been opened against his assets or the application for the opening of insolvency proceedings has been rejected due to insufficient assets; after an application for the opening of insolvency proceedings against the customer's assets, the provider may not, however, terminate the contract due to a delay in the payment of remuneration that occurred in the period before the application for the opening of insolvency proceedings or due to a deterioration in the customer's financial situation; the customer violates essential contractual obligations, in particular the contractual obligation to observe the law when using the provider's contractual services, and does not immediately remedy this violation even after a warning or notification of the blocking of the content by the provider. Termination can be made in text form (in particular by email).

The contracting parties will observe the applicable data protection regulations, in particular those valid in Germany. If the customer collects, processes or uses personal data, he guarantees that he is authorized to do so in accordance with the applicable regulations, in particular data protection regulations, and in the event of a violation, he will indemnify the provider against claims from third parties. The contracting parties conclude the contract for order processing attached to this contract as an appendix. In the event of contradictions between this contract and the agreement on order processing, the latter takes precedence over the former.

Provided that this does not result in any disadvantages for the customer, the provider is entitled to commission third-party service providers and vicarious agents (subcontractors) to provide parts or the entire range of services. All declarations made in connection with the use of the app must be made in writing. Should any provision of these terms of use be or become invalid, the legal validity of the remaining provisions shall remain unaffected. These terms of use are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions remain unaffected. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin, provided the customer is a merchant. The provider remains entitled to file a lawsuit or initiate other legal proceedings at the customer's general place of jurisdiction.