General terms of use for the use of the emlen cloud services
emlen GmbH (hereinafter: emlen)
Dudweilerstrasse 71
66111 Saarbrucken
E-Mail: info@emlen.io
https://emlen.io
Managing Director Marc Grewenig, Max Ulbrich
Registrar tribunal Saarbrücken HRB 106724
- 1 Scope
1.1 These General Terms of Use (hereinafter “GTC”) for the use of the emlen Cloud Services apply exclusively to all contracts that emlen concludes with its customers regarding the use of the emlen Cloud Services product.
1.2 Other conditions, in particular general terms and conditions of the contractual partner, do not apply, even if emlen does not expressly object to them.
1.3 These GTC do not apply to consumers.
- 2 General subject of the contract
2.1 With the cloud services from emlen, the customer receives the technical possibility and authorization to access a software application hosted on a server of a third party via telecommunications and to use the functionalities of the software application within the scope of this contract.
2.2 The servers of emlen's hosting partner are located in the European Union.
2.3 Emlen Cloud Services is a cloud-based software solution that enables companies of all types and sizes to share their information, content and offers digitally (mobile) with potential customers.
2.4 The customer receives access to the product (dashboard) via a login system and can create and manage their campaigns here. In addition to creating and managing users, content resources, contacts and custom microsite access, the client can arrange this for their prospectsvBy sending a link you have access to a personalized microsite and you also have access to statistics that analyze and evaluate the use of the personalized microsite by the participants. End users (= customer target group) of the customer have web-based access tolikepersonalized microsite and can read, use and redeem information, content and offers.
- 3 prizes
3.1 The prices are based on the current emlen price list.
3.2 The maximum number of user spaces activated in the respective month, which represents the number of activated users, is decisive for the calculation of the monthly fee due.
3.3 At the start of the contract, the customer receives a user seat at the agreed price. This first user can invite any number of other users with their user space. Each accepted invitation leads to the activation of another user place. Unaccepted invitations (hereafter "pending invitations") are not taken into account when calculating the monthly license fees. Activated user places can be deleted at any time, so they no longer have to be remunerated from the following month.
3.4 The exact number of activated user places is determined retrospectively for the respective month by an automated process in the system.
3.5 Unless otherwise agreed, the customer can increase the number of activated usage licenses per month indefinitely.
- 4 Right of Use
4.1 The customer is granted a non-exclusive right, limited to the term of this contract, to access the emlen cloud services via telecommunications and to use the functionalities associated with the emlen cloud services using a browser in accordance with the emlen cloud service contract. The customer does not receive any further rights, in particular to the emlen cloud services, the software application or the operating software.
4.2 The customer is not entitled to use the emlen cloud services beyond the use permitted under the emlen cloud services contract and these GTC, to allow third parties to use them or to allow third parties to use them beyond the use permitted under the service contract. emlen cloud services and these terms and conditions allow the use to make them accessible.
4.3 In particular, the customer is not permitted to copy, sell or transfer emlen cloud services or parts thereof for a limited period of time, in particular not to rent or lend them.
4.4 If the contractual use of the emlen cloud services is impaired by property rights of third parties through no fault of emlen, emlen is entitled to refuse the services affected. emlen will inform the customer of this immediately and give him access to his data in a suitable manner. In this case, the customer is not obliged to pay. Other claims or rights of the customer remain unaffected.
- 5 Data protection and data security
5.1 Both parties will observe the applicable data protection regulations, in particular those applicable in Germany (EU General Data Protection Regulation, BDSG-Novo) and will oblige their employees employed in connection with the contract to maintain secrecy and confidentiality of the data, unless they are already fundamentally obligated to do so .
5.2 If the customer collects, processes or uses personal data himself or through emlen, he guarantees that he is entitled to do so in accordance with the applicable regulations, in particular the data protection regulations, and indemnifies emlen from third-party claims in the event of an infringement.
5.3 It should be noted that the customer remains the "data owner" both in general in the contractual relationship and in the sense of data protection law. The customer is the sole authorized person and owner of all customer-specific data (input data, processed data, stored data, output data). emlen does not check the data and content stored for the customer for the legal admissibility of collection, processing and use; the customer assumes this responsibility exclusively.
5.4 If necessary, the parties will separately conclude the necessary contract for the processing of personal data on behalf of the customer (order processing contract in accordance with Art. 28 GDPR) and attach it to the contract documents.
5.5 emlen takes precautions and technical and organizational security measures to ensure data protection. In principle, the customer is not entitled to request access to installations with application software, server and operating software as well as other system components from emlen Clouds Services. This does not affect the customer's access rights after written registration to check compliance with technical and organizational measures and other legal and contractual processing of personal data by emlen within the framework of the operation of emlen's cloud services within the framework of this contract.
- 6 Duties and Obligations of the Client
6.1 The customer will fulfill the obligations incumbent on him to provide and process the contract for services in len cloud. he goes private
- pay the agreed prices on time;
- to protect the usage and access authorizations assigned to it as well as measures for identification and authentication of access by third parties and not to pass them on to unauthorized parties;
- to ensure that (e.g. when transferring texts and data from third parties to the emlen server) all industrial property rights and copyrights are observed;
- Obtain the required consent of the person concerned, provided that they collect, process or use personal data as part of the use of the emlen cloud services and there are no legal permissions;
- not to misuse the emlen cloud services or allow them to be used, in particular not to transmit any information with illegal or immoral content or to refer to such information that serves to incite hatred, incite criminal offenses or glorify or minimize violence, to be sexual offensive or pornographic, serious, seriously detrimental to the morals of children or young people, or harmful to their well-being or the reputation of any person;
- refrain from attempting to access information or data yourself or through unauthorized third parties, or to intervene in programs operated by emlen, or to allow interventions, or to intrude without authorization into emlen's data networks;
- not to abuse the possible exchange of electronic messages to send unsolicited messages or information to third parties for promotional purposes (spam);
- releases emlen from all third-party claims that are based on illegal use of the emlen services by him or with his consent or that arise in particular from data protection law, copyright law or other legal disputes in connection with the use of the emlen cloud services. If the customer recognizes or has to recognize that such a violation is imminent, he is obliged to inform emlen immediately;
- to back up data transmitted to emlen regularly and risk-related, but at least once a day, and to create your own backup copies to ensure that data and information can be restored in the event of loss;
- Before sending data and information, check for viruses and use state-of-the-art anti-virus programs;
- to save the data in the system and the evaluations carried out by emlen by download until the end of the contract for emlen cloud services, since the customer can no longer access this data after the end of the contract.
6.2 Access to services at emlen Clouds is via telecommunications. Prerequisites for using the emlen cloud services are:
- access to the internet
- Current browser/client (display errors may occur with outdated browser/client versions)
6.3 The provision of these requirements and the telecommunications services including transmission services from the service transfer point to the end devices used by the customer are not the subject of this contract, but are the responsibility of the customer.
- 7 Non-contractual use of emlen services
7.1 emlen is entitled to block access to emlen's cloud services and your data in the event of an unlawful breach of one of the customer's essential obligations specified in this contract, in particular in the event of a breach of obligations under Section 6.1 Paragraph 5 a 7. Access will be blocked restored only when the violation of the essential obligation in question has finally been eliminated or the risk of repetition has been ensured by submitting a corresponding declaration of withdrawal to emlen, which will be prosecuted under criminal law. In this case, the customer is obliged to pay the agreed prices.
7.2 emlen is entitled to delete the relevant data in the event of a breach of Section 6.1, sub-items 5 to 7.
7.3 In the event of an unlawful breach of the obligations under Section 6.1, Paragraphs 5 to 7 by a participant commissioned by the customer, the customer must immediately provide emlen with all the information required to assert claims against the participant, in particular his name and address.
- 8 Terms of Payment
8.1 The customer pays the prices agreed in the order document.
8.2 Prices are due upon invoicing. The invoice is made available to the customer in his emlen user account, with emlen informing the customer by email that a new invoice has been posted to the account. The invoice amount must be credited to the account specified in the invoice within a maximum of 14 days of receipt of the invoice. If you agree to the collection of the invoice amount by SEPA direct debit mandate, the payment will be processed via the payment service provider Stripe. Otherwise, reference is made to Stripe's General Terms and Conditions.
8.3 All prices are net prices plus the applicable statutory VAT.
- 9 responsibility
9.1 emlen is fully liable to the customer in the event of intent or gross negligence for all damage caused by him and his legal representatives or vicarious agents.
9.2 In the event of slight negligence, emlen shall have unlimited liability for injury to life, limb or health. For the rest, emlen is only liable if emlen has violated an essential contractual obligation (cardinal obligation). In these cases, liability is limited to compensation for foreseeable and typical damage and does not apply to consequential damage.
9.3 Emlen accepts no-fault liability for damages (§ 536 a BGB) for defects existing at the time the contract was concluded. § 9.1 and 9.2 remain unaffected by this.
9.4 Liability under the provisions of the Product Liability Act remains unaffected.
- 10 Force Majeure
Neither of the contractual partners is obliged to fulfill contractual obligations in the event of and during force majeure. The following circumstances in particular can be considered as force majeure:
- fire/explosion/flood for which the other party is not responsible,
- war, mutiny, blockade, embargo,
- Labor disputes that last longer than 6 weeks and were not caused by the contractual partner,
- technical problems on the Internet that cannot be influenced by a contractual partner; this does not apply if and to the extent that emlen also offers the telecommunications service.
Each contractual partner must inform the other immediately in writing of the occurrence of a case of force majeure.
- 11 Beginning and end of contract, termination for good cause
11.1 The contract begins at the agreed time and runs for an indefinite period of time with the minimum contract period agreed in the cloud services contract.
11.2 The contract can be terminated at the end of the minimum contract term at any time without observing a notice period at the end of the month by notification in text form.
11.3 If the contract is not terminated at the end of the respective minimum contract term, the contract will be extended again by the respectively agreed minimum contract term and can be terminated again at the end of the extended minimum contract term in accordance with the aforementioned procedure. Contracting parties can agree on different regulations in the emlen cloud service contract.
11.4 The right to termination for good cause remains unaffected. It must be in text form.
- 12 Final Provisions
12.1 The exclusive place of jurisdiction for all disputes arising from and in connection with this contract is the place of business of emlen. In the event of a lawsuit by emlen, you also have the right to choose the place of jurisdiction at the registered office of the contractual partner. The right of both parties to apply for temporary legal protection before the competent courts in accordance with the statutory provisions remains unaffected.
12.2 German law applies exclusively, excluding the provisions of private international law and the UN Sales Convention (CISG).
12.3 The conclusion of the contract and subsequent contract changes and supplements must be in writing to be effective. This also applies to changes to this clause. Oral subsidiary agreements were not made.
12.4 Should one or more provisions of these general terms and conditions of business and license be or become invalid, this shall not affect the validity of the remaining provisions.