Terms and Conditions of Leadux GmbH
As of: 01.07.2016
1. Scope of Application
1.1 The following terms and conditions shall apply between Leadux GmbH, Hugo-Cassirer-Str. 21, 13587 Berlin (“Leadux”) and the customer (“Customer”) for the use of the services provided by Leadux in order to enable and/or optimize customer’s lead generation, customer acquisition and customer relation management through the customer’s website (“Services”).
1.2 These terms and conditions shall apply exclusively with regard to the Services. No other terms and conditions shall apply even if Leadux does not expressly object to them.
1.3 Leadux offers no Services to consumers.
2. Terms of Services
2.1 Leadux offers the Services in accordance with the product descriptions under www.leadux.com.
2.2 The Services are made available by Leadux as a «Software as a Service». This enables the Customer to use the Services for its own purposes via an Internet connection. Unless otherwise agreed between the parties, Leadux will save and process the data, which has been generated by using the Services, on behalf of the Customer and for the use by the Customer.
2.3 Leadux has the right to amend or improve the Services at any time. This also includes the expansion, limitation and modification of individual features. Leadux shall notify the Customer in a timely manner of any significant changes to the Services.
2.4 Leadux is under no obligation to facilitate the use or usability of the Services, data or databases for the Customer beyond the end of the duration of the Services. It is the responsibility of the Customer to transfer and save any data or databases prior to the end of the provision of Services to/in another storage place.
3. Service Availability
3.1 The availability of the Service is 98% per month («Service Availability»).
3.2 Leadux is entitled to conduct maintenance work and to temporarily suspend or limit the Services for this reason. Leadux will inform the Customer of any such maintenance in due time beforehand. If possible, maintenance work shall be carried out by Leadux during periods of low usage. Leadux’ right to take appropriate action, at any time and without notice, to prevent any specific threats to the security and integrity of the Services shall be unaffected. When calculating the Service Availability, limitations to the availability due to such security measures and/or such maintenance shall be deducted.
3.3 Limitations or impairments of the Services may occur which are beyond Leadux’ control. This includes primarily the actions of third parties, technical conditions of the Internet over which Leadux has no control and force majeure. Where such circumstances affect the availability or functionality of the Services, this does not affect the conformity of the Services provided by Leadux.
4. Data Storage, Data Backup
4.1 Unless otherwise agreed between the parties, Leadux shall store the Customer’s data generated by using the Services on an external server hosted by a reputable data center within the EU.
4.2 The Customer must independently and regularly back up the data generated by and used in connection with the Services and save his own backup copies.
5. Data Protection
5.1 Leadux is aware of the importance of personal data entrusted to Leadux and the protection thereof. Leadux will ensure the confidentiality and security of the data confided by the Customer and will comply with the statutory data protection regulations of its place of business. Leadux will only store data generated by the Customer in connection with the Services and only make it available for the use for the Customer.
5.2 Leadux will not sell or otherwise transfer to third parties, disclose, change or amend any data, in particular not personal data, belonging to the Customer, neither in whole or in part.
5.3 With respect to the personal data contained in the data as stored by Leadux, Leadux only acts on behalf of the Customer. The Customer remains the responsible body and, therefore, must always verify whether the processing of personal data is in compliance with legal authorizations and the applicable statutory data protection regulations.
6. Payment Terms and Late Performance
6.1 For the use of the Services Leadux charges fees as described under www.leadux.com/pricing.
6.2 Leadux is under no obligation to render performance in advance.
6.3 Leadux reserves the right to suspend or deactivate the Customer’s access to the Services for failure to pay applicable fees as agreed between the parties.
7. Termination of the Services
7.1 Either party may terminate the Services at any time for the end of the paid period by notifying the other party by email prior to the end of the respective period.
7.2 Upon termination or expiration of the provision of Services, the Customer no longer has the right of accessing and using the Services.
7.3 The Customer is responsible for downloading or otherwise saving all documents and related data in connection with the Services before the termination of the provision of Services. Leadux will delete the Customer account and the data stored on behalf of the Customer by the end of the provision of Services. Exempt from the deletion is data that Leadux is required to store or which Leadux is entitled to save to protect its own legal interests.
8. Limitations of Liability
8.1 Leadux shall be liable for imputable breaches of duty due to intention and gross negligence in pursuance of statutory regulations.
8.2 Leadux shall be liable for breaches of duty due to ordinary negligence only if material duties are infringed; these are duties which are fundamentally required for the fulfilment of the Services and whereby any breach thereof would endanger the achievement of the purpose of the Services and whereby the Customer regularly trusts on the compliance of such duties (cardinal duties). In this case, claims for damages shall be limited in their amount to the extent of foreseeable, typical losses.
8.3 In the cases set out in Section 8.2, Leadux shall not be liable for consequential damage to other entities or to other assets of the Customer. This limitation of liability shall not apply insofar as Leadux is able to enjoy cover for the loss incurred by way of existing industrial third party liability insurance or product liability insurance.
8.4 All claims for damages or compensation for useless expenditure under contractual and non-contractual liability shall be subject to a limitation period of one year. This limitation period shall not apply in cases of intention or gross negligence.
8.5 Leadux shall be liable without limitation for loss incurred from injury to life, limb, or health under statutory regulations. Leadux’ liability under claims in tort and under the German Product Liability Act shall not be affected hereby.
9.1 The governing law shall be exclusively the law of the Federal Republic of Germany.
9.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with the Services shall be Berlin.