General terms and conditions of business

1. Services

1.1 aposafe provides the user with a QR code printed on a label as an access token for the software application "aposafe" to use its functionalities, technical enabling the use of the software application and the grant or procurement of the right to use the software application to pay the agreed compensation available ( contractual services) available. After acquisition of the access tokens (QR code sticker), the user assigns a user name and user password automatically. Third get access to the data without specification of Benutzernemen and user password by clicking the emergency links.
1.2 aposafe holds inception on a central processing unit or more data processing systems (including majority hereinafter "aposafe Server") the "aposafe" software application in the current version to use in accordance with the following provisions ready.
1.2.1 Upon acquisition of the access tokens (QR-code sticker) assigns the user's user name and user password automatically. Third get access to the data without specification of Benutzernemen and user password by clicking the emergency links.
1.2.2 If and insofar as the provision of a new version or a change in aposafe software application, a change of functions takes place, accompanied by the work processes of the user and / or limitations in the availability previously generated data is aposafe this the user not later than six weeks before the effective date of such change via email to announce if the user has entered a valid e-mail address. Should the user of the change in writing within a period of two weeks from the notification of change, the change part of the contract. aposafe will alert the user with each notice of changes to the aforementioned deadline and the legal consequences of its lapse for non-perception of the possibility of objection attention.
1.2.3 aposafe keeps on aposafe Server from inception and the operational deployment of the generated by the user by using the aposafe software application and / or necessary for the use of aposafe software application data (hereinafter referred to as "user data") space available.
1.2.4 The aposafe software application and the application data regularly, at least on the calendar day aposafe server secured. For compliance with data protection, tax and commercial law retention periods, the user is responsible.
1.2.5 transfer point for aposafe software application and the application data is the router output data center of aposafe.
1.2.6 is aposafe not responsible for the condition of the necessary hardware and software on the part of the user and for the telecommunications link between the user and aposafe up to the transfer point.
1.3 aposafe owe the user a 96.9% availability of aposafe software application and application data at the transfer point. Under availability the parties understand the technical usability of the software application aposafe and the application data at the transfer point for use by the user without considering regular or scheduled maintenance / repairs (maintenance window).
1.5 Additional benefits of aposafe can always be agreed in writing,

2. Non-fulfillment of primary obligations
2.1 device aposafe with the first operational deployment of the software application aposafe in default, the liability is determined under paragraph 9. The user is entitled to withdraw from the contract if aposafe a two-week grace period set by the user fails to comply, ie within the grace period does not provide the full functionality of the agreed aposafe software application.
2.2 Comes aposafe after installation ready for operations of aposafe software application and / or the application data with the agreed obligations fully or partially fail to do so, the annual usage fee is reduced pursuant to paragraph 5.2 pro rata for the period in which the aposafe software application and / or the application data to the user not in the agreed scope were not available in the agreed scope. Ongoing usage costs by paragraphs 5.2 and 5.3 have to pay only for transactions that have actually been carried out despite the restriction or to the elimination of benefits using the aposafe software application.
2.3 If a use de raposafe software application is running within a period of two weeks after aposafe has gained from the lack knowledge, restored, so the user can independently of the reason of non-compliance, but not if only of force majeure, the contract without notice a period extraordinary termination.
2.4 aposafe must demonstrate that has aposafe the reason for the delay in the delivery or the power failure not responsible. If the user has the power failure aposafe not displayed, so the user must provide evidence Bestreitensfalle that aposafe has otherwise been made aware of it.

3. Rights to and use of aposafe software application rights of aposafe when exceeding the use of powers
3.1 The user gets to deraposafe software application simple (non-sublicensable, non-transferable), limited to the term of the contract terms and conditions.
3.2 The user may only use it for its own commercial activities by its own staff the aposafe software application.
3.3 The user is not entitled to make changes to the aposafe software application.
3.4 Unless aposafe during the term of new versions, makes updates, upgrades or other new deliveries in terms of aposafe software application, the above rights apply to these changes.
3.5 rights that are not expressly granted to the user, the user can choose not to. The user is in particular not entitled to use the aposafe software application over the agreed useful addition and / or to make use of third parties and / or make the aposage software application to third parties. In particular, it is not permitted to copy the software application aposafe to sell or leave to limited, in particular not to rent or lend.
3.6 The user shall take the necessary precautions to prevent the use of aposafe software application by unauthorized persons.
3.7 The user is responsible for ensuring that the aposafe software application not racist, discriminatory, pornographic, protection of minors polluting, politically extreme or otherwise unlawful and / or breach of official regulations and / or requirements used for purposes or corresponding data, in particular application data created and / or be stored on the server aposafeh.
3.8 Should the user the provisions in the preceding paragraphs from negligence on his reasons, may block access of the user to the aposafe software application and / or the application data aposafe prior written notification to the user when the injury thus can be turned off demonstrably.
3.9 Should the user in spite of written warnings by aposafe continue or repeat the provisions of the foregoing paragraphs may terminate extraordinarily aposafe the contract without notice.
3:10 For every case in which the user culpably allows the use of aposafe software application by third parties, the user has to pay each an immediately payable penalty of annual basic allowance under section 5.2 for the period of unauthorized use. The claim for damages is reserved; in this case, the penalty shall be credited against the compensation claim.
3.11 The user is responsible for the breach of duty, we can make 9 contends aposafe damages in accordance with clause.

4. Liability for third-party rights
4.1 aposafe will inform the user of third party rights and of a consequent impairment of the performance of services agreed immediately and allow him suitably full access to the application data.
4.2 The user is to the extent affect the rights of third parties in the use of him aposafe software application, no obligation to pay the remuneration.
4.3 aposafe keeps the user on first demand from all claims of third parties arising from the fact that aposafe the agreed services because of the rights of these third parties may not perform without interference. The parties are notified immediately in writing if they are asserted against claims.
4.4 aposafe is not liable for a violation of the rights of third parties by the user, unless and to the extent that this injury resulting from an overrun of the granted usage rights under this Agreement. In this case, the user aposafe from all claims of third parties upon first request.

5. remuneration
5.1 The remuneration for the services to be provided of the use of the grant to aposafe software application and the provision of space, including the backup consists of a basic annual fee.
5.2 The basic fee is charged for each commenced calendar year from installation ready. They will mature on the third last business day of each calendar month preceding in advance. If the user has the contract legitimately terminated for cause, as the lump sum must be repaid pro rata.
5.3 Usage-based fees for ongoing storage and maintenance of application data, including data backup and shipment information to customers, doctors, etc. are payable in addition to the package of aposafe without fee.
5.4 Terms related fees accounted. Terms of Aposafe as advertising media will be invoiced. This applies in particular to preparation, layout and printing of advertising media.
5.5 aposafe is entitled to increase the basic package.
5.6 Other services are provided by aposafe.
5.7 Remuneration owed plus VAT. In the applicable variable statutory rate.

6. (Deleted)

7. Data security, privacy
7.1 The Parties shall to the extent applicable, in particular, observe the applicable data protection regulations in Germany and undertake its in connection with the Agreement and its implementation employees used to maintain data secrecy according to § 5 BDSG, unless they are already committed generally accordingly.
7.2 collects, processes or uses personal data of the users, it is responsible for ensuring that he is entitled to do so under the applicable, in particular data protection regulations and, in the event of a breach aposafe of third party claims. As far as the personal data to be processed data, there is an order data processing and aposafe the legal requirements of data processing and the customer's instructions (eg to comply with deletion and blocking obligations) is observed. The instructions must be communicated to the Data Protection Officer of aposafe writing time (datenschutz@aposafe.de).
7.3 aposafe meets the technical and organizational security measures and measures in accordance with the notes to § 9 BDSG. aposafe protect particular lying in its access services and systems as well as relevant by the user or the user, stored on the aposafe server application data and possibly other data against unauthorized inspection, storage, modification or other unauthorized access or attacks - whether through technical measures by viruses or other malicious programs or data, or by physical access - in what way carried out by employees of aposafe or third parties, regardless of this. aposafe take this the appropriate and customary activities, which are offered according to the prior art, in particular virus protection and protection against similar malicious programs, as well as other assurance its establishment, including the protection against burglary.
7.4 The user is entitled upon prior written notice with a lead time of no less than 5 working days to request access to the premises with the aposafe software application, the application data and the aposafe Server. This does not affect access rights of the Data Protection Officer of the user to check compliance with the requirements pursuant to § 9 BDSG conditioning and the other a Law, Treaty-compliant handling of aposafe with personal data in the context of the operation of aposafe software application.
7.5 aposafe is user-related data collection and usage, as required by the execution of this contract only to the extent. The user agrees to the collection and use of such data in this screen even beyond the expiration of addition.
7.6 The above obligations, as long as application data are beyond the control of aposafe, even beyond the expiration of addition.
7.7 Unless aposafe the data processing in a non-EU Member State carries out or relocated to aposafe will announce this to the user in advance in writing. Paragraph 1.2.2 shall apply mutatis mutandis. If the user agrees to the transfer, find the standard contractual clauses II for the transfer of personal data from the Community to third countries (Commission Decision 2004/915 / Commission of 27 December 2004) shall apply.
7.8 Information on stored data, data protection and processing of personal data in the aposafe software application is the Data Protection Officer of aposafe basis of a written request (datenschutz@aposafe.de).

8. Confidentiality
8.1 The contracting parties are to be kept confidential information, which is reached within the framework of this contract notice, treat all silence or to third parties this agreement made in writing only in advance of the other party - for any purpose - use. To be considered confidential information to be kept include only the information-giving by the party expressly designated as confidential information, and such information, the confidentiality of which is clear from the circumstances of the release. Confidential By aposafe particular the application data should aposafe gain from this knowledge.
8.2 The obligations under paragraph 8.1 of which accounted for such information or parts for which detects the receiving party that they
8.2.1 you were known or generally available before the date of receipt;
Been 8.2.2 the public before the date of receipt known or generally accessible;
8.2.3 known to the public after the date of receipt or became generally available, without the information receiving party is responsible for this.
8.3 Public statements by the parties on cooperation be issued only in the previous mutual agreement.
Is 8.4 The obligations under paragraph 8.1 also exist beyond the expiration of addition indefinitely, until such time as a derogation pursuant to paragraph 8.2 is not detected.

9. Liability, limits of liability
9.1 The parties are mutually liable for intent or gross negligence for all of them and their legal representatives or agents unlimited damages caused.
9.2 In the event of slight negligence, the parties shall be liable in case of injury to life, limb or health.
9.3 Moreover, a party is only liable to the extent that it has breached an essential contractual obligation (cardinal obligation). In these cases, liability is limited to replacement of the foreseeable, typically occurring damage. The strict liability of aposafe for damages (§ 536 BGB) for existing upon conclusion of defects is excluded; Clauses 9.1 and 9.2 shall remain unaffected.
9.4 A party is only obliged to pay a penalty if specifically provide for this contract. A contractual penalty does not need to be reserved. Offsetting with her and against it is admissible.
9.5 Liability under the product liability law remains unaffected.

10. Term and Termination
10.1 The contractual relationship starts with conclusion of the contract and will be closed for one year. The provision of services is carried out on the agreed date after the payment of one-time basic charge
10.2 The contractual relationship ends automatically after one year from signing the contract.
10.3 Extraordinary termination for or in connection with a breach of duty is not only after repeated written notices with a reasonable time limit of less than 10 working days possible. Does the termination authorized for longer than 30 working days note of the extraordinary termination justifying circumstances, he can no longer rely on those circumstances the notice.
10.4 Notwithstanding the provision in section 10.3 may terminate the contract aposafe without notice, if the user is in default of payment. aposafe may require an immediately payable in one lump sum damages in the amount of remaining until the expiry of the regular contract period monthly basic fee in this case also. The user is free to prove a lower damage.

11. Duties during and after termination of the contract
11.1 Upon termination of the contractual relationship is aposafe obliged to delete the application data stored by the user ..
11.2 Aposafe holds the data before deletion ready yet 4 months in record. In this time, the user has the option to renew its time of use. After 4 months, the data is deleted.

12. Force Majeure
None of the parties is obliged to fulfill the contractual obligations in the event and for the duration of force majeure. In particular, the following circumstances are regarded as force majeure in this sense:
12.1 by the Party is not responsible (s) Fire / Explosion / Flooding,
12.2 war, mutiny, blockade, embargo,
12.3 labor disputes,
12.4 can not be influenced by any party technical problems of telecommunications equipment and the Internet. Each Party shall notify the other of the occurrence of force majeure without delay.
13. Applicable law, written form, place of jurisdiction
13.1 The parties agree with respect to all legal relations arising from this contract, the application of the law of the Federal Republic of Germany, excluding the CISG.
13.2 Ancillary agreements to this contract are not taken.
13.3 Changes or additions shall not be legally effective unless in writing. The same applies to the waiver of the written form requirement. Will change, amendment or detailing of these contract terms by representatives or agents of the declared aposafe, they are only binding if the aposafe given their written consent for this.
13.4 If any provision of this contract be or become ineffective, this shall not affect the validity of the remaining provisions or agreements.
13.5 If the user merchant within the meaning of the Commercial Code, legal entity under public law or public-law special fund, is, Hannover agreed for all disputes arising in connection with the accomplishment of these contractual place of jurisdiction.