Terms & Conditions
The following conditions (the "General Terms and Conditions") apply to the use and operational support of standard software programs (the "Software"), which are manufactured by Oktus, hereinafter referred to as Oktus, and which are available as software-as-a-service Service can be provided via the medium of the Internet. The subject of the contract are:
- the provision of software programs listed under Oktus or oktus.io for use via the Internet and
- the storage of customer data on servers in the data center
Individually developed software programs are not part of this contract.
The type and scope of the mutual services are regulated by the contractual agreements. The scope of services defined in the contract is deemed to be the agreed quality. The following are decisive for this:
- the defined scope of services of the software listed in the contract, which is included in the respective
- User documentation is specified,
- the suitability for the use stipulated in the contract,
- the conditions stipulated in the contract,
- the following conditions,
- Generally applied technical guidelines and technical standards, especially the international standards and proposals of the Internet Engineering Task Force (IETF), as documented in the Request-for-Comments (RFC), and the W3C (World Wide Web Consortium).
In the event of discrepancies, the contractual agreements apply in the above order.
Further conditions, in particular general terms and conditions of the contractual partner, do not apply, even if Oktus does not expressly contradict them. The General Terms and Conditions of the Oktus apply exclusively.
Oktus grants the customer a non-exclusive, non-transferable and non-sublicensable right to use the software named in the contract and the associated user documentation for the duration of the contract. The software is provided via the Internet. The customer undertakes to use the software exclusively in accordance with the contract and neither to pass it on to third parties nor to make it accessible to third parties in any other way. The customer is not entitled to "reverse engineer", decompile, disassemble, reproduce or use any part of the software to create a separate application.
The customer hereby recognizes Oktus as the sole licensor of the software and the associated copyrights. Oktus 's rights as the sole licensor also apply to software enhancements made available to the customer by Oktus, unless otherwise stipulated in writing.
The customer hereby acknowledges Oktus s brand, name and patent rights in relation to the software and the associated documentation. The customer may not remove, change or otherwise modify copyright information or other similar proprietary notices in the programs and the associated documentation.
The data recorded, processed and generated by the software is stored on the servers of the data center. In any case, the customer remains the sole owner of the data and can therefore demand that Oktus surrender individual or all of the data at any time, especially after termination of the contract, without Oktus having a right of retention. The data are released by electronic transmission via a data network or by handing over data carriers according to a separate agreement. The customer is not entitled to receive software that is suitable for using the data. The customer is responsible for the permissibility of the collection, processing and use of the data and for safeguarding the rights of those affected (information, use, correction, blocking, deletion).
In the event of violations of the terms of use mentioned, Oktus is entitled to terminate the contract in whole or in part without notice. In this case, Oktus also reserves the right to assert claims for damages against the customer resulting from the breach of contract.
The minimum term for the provision of the SaaS service is 1 month. The contract period is automatically extended by a further month if there is no termination. The amounts will be collected from the last stored debit or credit card details.
Oktus is entitled to terminate for an important reason, in particular in the event of failed direct debits or credit card collections.
In the course of technical progress and a service optimization after the conclusion of the contract, Oktus reserves the right to make further developments and changes to services (e.g. through the use of newer or different technologies, systems, procedures or standards). In the event of significant changes in services, Oktus will inform the customer in good time. If the customer has significant disadvantages as a result of the changes in service, he has the right to extraordinary termination of the contract on the change date. The customer must terminate the contract within two weeks of receiving notification of the change in service.
When providing new versions of the software, Oktus grants the customer the rights listed in Section 3 for the respective new version.
Oktus ensures that the software provided is operated in an environment and form that is suitable for the customer's requirements and on hardware that is suitable for the customer's intended use. This includes the number and type of servers, regular backups, scalability, power supply, air conditioning, firewalling, virus checking, broadband internet connection.
Oktus carries out daily backups of the data. Oktus can use a recovery procedure to restore customer data at the customer's express request.
The availability of the data center network at the router exit on the Internet is 99% on an annual average. The client-side connection to the Internet is the responsibility of the customer. This is not part of the SaaS scope of services. The downtime is determined in full minutes and is calculated from the sum of the fault clearance times per year. Excluded from this are those periods that Oktus identifies as so-called maintenance windows to optimize and improve performance, as well as loss of time in troubleshooting due to reasons for which Oktus is not responsible and failures due to force majeure.
Disruptions in system availability must be reported by the customer immediately after they become known. Before reporting the fault, the customer must check his area of responsibility. In the case of malfunction reports that are received within the support hours, troubleshooting begins within two hours. In the case of malfunction reports that are received outside of the support hours, troubleshooting begins on the following working day. Delays in troubleshooting for which the customer is responsible (e.g. due to the unavailability of a contact person on the customer side) are not counted towards the troubleshooting time.
According to the state of the art, it is not possible to exclude errors in software under all application conditions. However, Oktus guarantees that the software named at Oktus or oktus.io can be used in principle. The limitation period is one year.
Errors in the software and the associated documentation will be eliminated by Oktus free of charge within a reasonable period of time. The prerequisite for this fault rectification claim is that the fault can be reproduced. In order to fulfill the warranty obligation, Oktus can either improve or replace it at its own discretion. In particular, Oktus can provide the customer with a new version of the software to meet the warranty obligation. It is equivalent to troubleshooting if Oktus provides an alternative solution to the faulty function that allows the customer to use it in accordance with the contract.
The warranty claims are excluded if the software is not used in accordance with the contract. Furthermore, the warranty claims are excluded if the customer makes changes or extensions to the software named in the contract, unless the customer can prove that the errors are not causally related to the changes or extensions.
If a major program error is not corrected by Oktus in accordance with the stated conditions, the customer can request a reduction in the monthly SaaS fee. Oktus has the same right if it is not possible to correct the error with reasonable effort. If, in the course of troubleshooting, it turns out that the problems are due to operating errors or improper use by the customer, Oktus can demand reasonable compensation for the effort incurred.
Oktus does not guarantee that the software specified in the contract will meet the customer's individual requirements. This applies in particular to failure to achieve the desired economic success. Warranty claims against Oktus are only available to the direct customer and cannot be assigned.
In any case, the contractual and tortious liability of Oktus is limited to EUR 500,000 for personal injury, to EUR 100,000 for financial, property and operational damage and to EUR 50,000 for loss of data, with the exception of intent and gross negligence. Liability for lost profit is excluded.
Oktus assumes no liability for disruptions to telecommunications connections, for disruptions on cable routes within the Internet, in the event of force majeure, if third parties or the customer himself are to blame. Oktus assumes no liability for damage that occurs if the customer passes on passwords or user IDs to unauthorized persons.
A monthly fee agreed in the contract is charged for the SaaS services. The fees incurred will be billed in advance over a period of time.
Payments are made by direct debit or credit card clearing. If the payment deadline is exceeded, services can be restricted in the event of default.
The customer is not entitled to offset claims against Oktus, unless the claims are legally established or claims recognized in writing by Oktus.
The contracting parties undertake to keep secret the knowledge gained in the context of the subject matter of the contract - in particular technical or economic data as well as other knowledge - and to use them exclusively for the purposes of the subject matter of the contract.
This does not apply to information that is publicly accessible or that becomes publicly accessible without unauthorized action or omission on the part of the contracting parties or that has to be made accessible due to a judicial order or a law. In the case of support support for problems with the customer, it may be necessary to access the customer's data records. Access can take place via a web meeting with the customer or via database analysis. This access is limited to the period of the respective support measure.
If personal data have to be processed within the scope of the subject matter of the contract, Oktus and the customer will comply with the statutory data protection regulations.
According to the Federal Data Protection Act (BDSG), Oktus advises the customer that the customer's data will be saved.
It is only the law of the Federal Republic of Germany. The contract, its additions and changes, as well as changes in form, must be made in writing.
Should a provision of the contract be or become ineffective, this does not affect the validity of the rest of the contract. The contractual partners undertake to replace the ineffective provision with one that comes closest to what is economically intended. The same applies if a loophole in the contract should become apparent.