GTC

§1 Area of applicability, contractual language

These terms and conditions for the cloud service MySpeidel shall apply between you and us, the company Speidel Tank- und Behälterbau GmbH, Krummenstrasse 2, 72131 Ofterdingen, trade register at local court in Stuttgart, register number HRB 381092, VAT IT: DE811241003 (LINK: Imprint) with regard to all agreements concerning the participation in MySpeidel.
The only language to be used with regard to the contract shall be German. Any translations of these terms and conditions into another language shall be for information only. Should there be any differences between the different language versions, the German version shall have precedence.

§2 Subject matter of the contract

We provide SaaS services for you via the internet, namely with regardto the field of the remote controlling of Speidel brewing equipment.
The contractual subject matter is
1. the provision of our software MySpeidel (hereinafter referred to as MySpeidel) for utilisation via the internet, and
2. the provision of memory capacity on our servers.
We are permitted to utilise sub-contractors in terms of the provision of memory capacity. The utilisation of sub-contractors shall not release us from our general obligation towards you to fulfil contractual agreements in full.

§3 Provision of software

For the duration of this agreement, we shall provide you with MySpeidel in its most up-to-date version via the internet, and free of charge. For this purpose, MySpeidel shall set up a server, which you may access via the internet.
We continue to develop MySpeidel and will improve the service by means of on-going updates and upgrades.

§4 Utilisation rights for MySpeidel

We herewith grant you a non-exclusive and non-transferable right to utilise MySpeidel as per the terms and conditions for the duration of the agreement and in the context of our SaaS services.
You may only work with MySpeidel, if such utilisation is in line with the terms and conditions.
You may only copy MySpeidel, if such utilisation is in line with the terms and conditions. Necessary copies would be, for example, the loading of MySpeidel onto our main storage facility on our server, but not the temporary installation or storage of MySpeidel to data carriers (such as hard-drives), which are linked to your hardware.
You shall not be entitled to grant access to MySpeidel to third parties free of charge or against payment. You are also not permitted to rent out MySpeidel.

§5 Provision of memory capacity

We will provide you with definite memory capacity on a server, so that your data can be saved. On this server, you may store content/brewing recipes, etc. Should the memory capacity be insufficient in terms of the storage of your data, we will notify you in advance.
We will ensure that the stored data may be accessed via the internet.
You shall not be entitled to let third parties utilise the memory capacity in full or in part, be it free of charge or against payment.
You shall be obligated not to save content to the memory capacity, the provision, publication or utilisation of which would be in breach of applicable law or agreements with third parties.
Upon termination of the contractual relationship, we will delete all data associated with your user account. You will have to actively delete published brewing recipes yourself.

§6 Support

We will respond to your requests via telephone or in writing with regard to the utilisation of MySpeidel and any other SaaS services within business hours as published on the website www.speidel-behaelter.de, as well as within an appropriate timeframe.

§7 Interruptions/interferences with regard to availability

Changes, amendments and additions with regard to the contractual MySpeidel services, as well as any measures, which serve the identification and rectification of functional errors, shall only lead to a temporary interruption or interference of availability, if this is absolutely necessary for technical reasons.
Monitoring of the basic functioning of the MySpeidel services is carried out on a daily basis. The maintenance of MySpeidel services is generally guaranteed between Monday and Friday, 9am – 6pm.
We aim to provide an annual average of 98.5% of our services, including maintenance work.

§8 Your obligations

You shall be obligated not to store any content on the memory capacity provided, which are illegal, or which are in breach of laws, authority orders or third party rights.
You shall be obligated to prevent unauthorised third party access to protected areas of MySpeidel, by putting suitable measures in place. For this purpose, we will instruct you and, where applicable, your employees with regard to the adherence to copyright law.
Irrespective of our data protection obligations, you shall be responsible yourself for entering and maintaining your data and information, which is required with regard to the utilisation of the MySpeidel services.
You shall be obligated to check your data and information for virus and other damaging components, before registering it, and you shall utilise the latest virus protection programmes.
You shall generate a user name and a password in order to access the MySpeidel services, which shall be necessary in order to continue utilising the MySpeidel services. You shall be obligated to keep the user name and password secret, and to not make it available to third parties.
The content, which you place on your designated memory capacity, could be copyright protected and subject to data protection laws. You herewith grant us the right to make the data, which you have stored on our server, available to you via the internet, as well as to copy and transfer them, also for data protection purposes.

§9 Compensation

The utilisation of the MySpeidel services and the provision of memory capacity are currently free of charge.

§10 Right of withdrawal

As a consumer, you have the right of withdrawal as per the information provided in the attachment. A consumer is any natural person, who enters into legal relationships, which are neither based on commercial nor self-employed operations.

§11 Warranty for defects

In case that our services are utilised by unauthorised third parties, whilst using your registration details, you shall be liable for any costs incurred in the context of civil law liabilities, up until the receipt of the respective client request to change the respective registration details, or in case of a loss or theft notification, if you are at fault with regard to the access by unauthorised third parties.
We shall be entitled to immediately block the memory capacity, should it be suspected that the stored data is illegal and/or if it breaches third party rights. A justified suspicion of illegality and/ or an infringement shall be at hand, if courts, authorities and/ or other third parties have notified us as such. We are to notify you with regard to the block and the reason immediately. The block shall be lifted, as soon as the suspicions turn out to be unfounded.
Compensation claims against us shall be excluded, irrespective of the legal reason, unless our legal representatives or assistants have acted in a culpable or grossly negligent manner. We shall only be liable for simple negligence, if we, our legal representative, or our managing directors, or our assistants have breached significant contractual obligations. Here, we shall only be liable for any foreseeable damage, which is likely to be incurred. Significant contractual obligations shall be those obligations, which form the basis of the agreement, which were significant with regard to the conclusion of the contract, and the fulfilment of which you should be able to expect.
It cannot be guaranteed that the latest data communication via the internet is always free from errors and/or always available. We shall therefore not be liable for the continuous and uninterrupted availability of MySpeidel.
We shall not be liable for the loss of data, if the damage was incurred, because you failed to carry out data backup measures, which would have ensured that lost data could have been restored whilst incurring justifiable expenses.
We shall not be liable for the respective brewing results.
We shall be liable without limitation for any damages caused by us, our legal representatives or assistants intentionally or negligently, which are harmful to body and health.

§12 Duration and termination

This agreement shall be concluded indefinitely. The contractual relationship shall commence upon your registration, and may be terminated by you at any point without having to adhere to a notice period. We are able to terminate the contractual relation at any point in writing (by email), whilst adhering to a notice period of 30 days towards the end of the month.
The right of each contractual party to terminate the contract for important reasons without adhering to a notice period shall not be affected. We shall, in particular, be entitled to submit a termination without notice, if you have breached the contractual stipulations with regard to the utilisation of SaaS services. A termination without notice would require that the other part is notified and requested in writing (by email), namely that the alleged reason for a termination without notice is removed within an appropriate timeframe.

§13 Data protection/confidentiality

You shall be responsible yourself for any necessary declarations of consent as per the stipulations of the Federal data protection act.
We shall be obligated to treat all confidential processes, and especially your business and company secrets, of which we become aware as a result of the preparation, execution and fulfilment of this contract, confidentially, and to neither forward nor process the data in any way. This also applies to all unauthorised third parties, and also includes your and our unauthorised employees, unless we are obligated to forward such information in order to fulfil our contractual obligations. In case of doubt, we will obtain your consent before such information is forwarded.

§14 Applicable law, place of jurisdiction, miscellaneous

These terms and conditions are complete and conclusive. Any changes and amendments to these terms and conditions should always be in the written form, in order to avoid ambiguities or disputes between the parties with regard to the respectively agreed contractual content.
The law of the Federal Republic of Germany shall apply, whilst excluding UN purchase law, as long as
1. your usual domicile is in Germany, or
2. your usual domicile is in a country, which is not a member of the European Union, or
3. you are a business person.
In case your usual place of residence is in a member state of the European Union and you are a consumer, the applicability of German law shall also apply, whereby any applicable consumer protection regulations of the state, in which you reside, shall continue to apply.
Should you be a business person, the sole place of jurisdiction with regard to disputes concerning this contract shall be Stuttgart.
As far as you are a consumer, and your place of residence or your usual domicile upon finalising the agreement was in Germany, and as far as you relocated away from Germany at the time of us submitting a complaint, or should your domicile or usual address be unknown at this point, the place of jurisdiction for disputes shall be our company’s registered office in Ofterdingen.
Rather than seeking recourse to the courts, we would like to inform you that you are also able to resolve disputes outside of the courts as per order (EU) no. 524/2013. More information may be found in order (EU) no. 524/2013 and via the following website: http://ec.europa.eu/consumers/odr.
Our email address is: verwaltung@speidel-behaelter.com. We would like to inform you that we are not obligated to participate in non-court arbitration proceedings at consumer advice centres as per §36 VSBG.
Should individual stipulations of this contract be invalid, the remainder of the contract shall not be affected.