General terms and conditions
1.1 Scope of application
These general trading conditions apply in the version valid at the time of the conclusion of the contract for all business relations between us the LobbySpace UG (haftungsbeschränkt), Fehmarnstr. 24, 22047 Hamburg and you. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.
1.2 Contract agreement
The contract language is German. Customers within the meaning of these General Terms and Conditions are exclusively entrepreneurs within the meaning of § 14 BGB (German Civil Code).
1.3 Conclusion of contract
1.3.1 Trials and business
You can order our trial and business model via our website. The booking process then consists of a total of four steps. The first step is to select the desired model. In the second step, you enter your data including the billing address and, if applicable, a different address. In the third step you select the payment method. In the fourth step you have the possibility to check all data (e.g. name, address, payment method, desired model) once again and correct any input errors before you confirm your order by clicking on the button “order with payment”. With the order you declare bindingly your contract offer. We will confirm the receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to accept the contract offer contained in the order within five calendar days of receipt of the order by e-mail, fax, telephone or post. The contract is concluded with the acceptance. The text of the contract will be stored by us and sent to you in text form (e.g. e-mail, fax or post) after sending your order together with the present General Terms and Conditions and customer information. However, you can no longer retrieve the text of the contract via the website after sending your order. You can use the browser’s print function to print out the relevant website with the contract text.
1.3.2 Enterprises and Resellers
The conclusion of the contract for our Enterprise and Reseller model takes place individually through offer and acceptance. Unless otherwise agreed, the usual procedure is that you submit an inquiry to us and receive a binding offer from us, which you can then accept within the period specified in the offer. With the acceptance the contract comes off. A separate storage of the contract text by us does not take place, but the contract content results in each case individually from the met agreement.
1.4 Subsequent amendment of the terms and conditions of business
We shall be entitled to subsequently adapt and supplement the General Terms and Conditions in relation to existing business relationships insofar as changes in legislation or court rulings so require or other circumstances result in the contractual equivalence relationship not only being insignificantly disturbed. A subsequent amendment to the terms and conditions shall become effective if you do not object within six weeks of notification of the amendment. We will expressly point out the effect of your silence at the beginning of the period as acceptance of the contract amendment and give you the opportunity to make an express declaration during the period. If you object in due time, both we and you may terminate the contractual relationship extraordinarily unless we allow the contractual relationship to continue under the old General Terms and Conditions.
2. description of services
2.1 General information
We offer you a cloud-based digital signage software to promote your products and illustrate your company.
2.2 Performance of Services
We are entitled to have the contract or parts of the contract performed by third parties.
2.3 Time of performance
Unless expressly agreed otherwise, we shall render the service within 5 days. In the case of advance payment, the commencement date for performance shall be the day following the issue of the payment order to the transferring bank or, in the case of payment on account, the day following the conclusion of the contract. The period shall end on the fifth day thereafter. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of performance, the period shall end on the next working day.
2.4 Google Firebase
Our software is located on a server of the Google service Firbease (operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland). Google Firebase is a platform for developers of apps for mobile devices and websites. If you use our service, your data will therefore necessarily be sent to and stored by Google. The information processed by Google Firebase may be used in conjunction with other Google services, such as Google Analytics and Google marketing services. In this case, only pseudonymous information is processed in order to identify user devices. The legal basis for this use is Art. 6 I S. 1 f DSGVO.
Google’s data protection declaration can be found at https://www.google.com/policies/privacy .
All prices are exclusive of value added tax.
3.2 Default of payment
You will be in default of payment if we do not receive payment within two weeks of receipt of the invoice. In the event of default in payment, interest shall be charged at a rate of 9 percentage points above the base rate of the European Central Bank. Should you fall into arrears with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. The assertion of further damages remains unaffected. You have the option of proving that no damage or less damage has been incurred by us.
3.3 Right of retention
You shall only be entitled to assert a right of retention for such counterclaims which are due and based on the same legal relationship as your obligation.
4.1 General information
You are solely responsible for the content and correctness of the data, contributions and information you transmit and enter yourself. These may not violate any applicable laws or these General Terms and Conditions. You also undertake not to transmit any data whose contents infringe the rights of third parties (e.g. personal rights, name rights, trademark rights, copyrights, etc.). In particular, contributions with criminal content may not be published or untrue facts claimed.
You shall indemnify us against all claims asserted against us by third parties due to such infringements. This also includes the reimbursement of costs of necessary legal representation.
4.3 Data backup
You are jointly responsible for saving the information sent. We cannot be held responsible for the loss of the information you send us as we do not provide a general data security guarantee.
4.4 Abusive Contributions
Abusive content or contributions will be deactivated or deleted by us without prior notice. Such contents are given e.g. in the following cases:
– to send spam,
– to send and store infringing, obscene, threatening, abusive or otherwise infringing content,
– for sending and storing viruses, worms, Trojans and harmful computer codes, files, scripts, agents or programs,
– for uploading programs that are capable of disrupting, interfering with or preventing operation,
– attempting to gain unauthorized access to or grant unauthorized access to our Service or individual modules, systems or applications,
– Content that glorifies violence, is pornographic or otherwise offensive or punishable by law.
In the event of recurring violations, we reserve the right to block or delete your account. Payments already made cannot be refunded in this case. The right to extraordinary termination remains unaffected.
Your rights under this Agreement are non-transferable. The password, which allows you to access your personal space and thus to collect data, must be kept strictly confidential and may not be disclosed to third parties under any circumstances. You take the appropriate and reasonable measures to prevent your password from being disclosed to third parties. A customer account cannot be transferred to other users/customers or other third parties. We are not liable for damages caused by the misuse of the password.
4.6 Profile data
You are obliged to always keep the content and profile details you have entered up to date and to inform us immediately of any misuse of your profile.
4.7 Industry-specific knowledge
We would also like to point out that we have no industry-specific knowledge about your project or your company. We simply make our software available to you. The concrete handling is incumbent upon you. A certain advertising success is not owed.
You must always comply with any instructions or notes on the use of the software provided or communicated by us. We can therefore not be held responsible for your faulty behaviour.
4.9 Scope of Services
Please always observe the agreed scope of services. Should you use the software beyond the agreed scope, we may terminate the contractual relationship with you for good cause. Payments already made cannot be refunded in this case.
4.10 Mini PC
A download speed of at least 20 Mbit/s per Mini-PC must be available at the location of the Mini-PC. We also have unrestricted access to the Mini-PC for maintenance and updates. Data such as online status, WLAN strength, CPU utilization, heat generation, LAN and WAN IP and the current output image are sent to us. We can also create screenshots of the respective Mini-PC for maintenance purposes. For a smooth operation of the software we recommend the free Chrome Browser.
We grant ourselves the right to refer to the services and works offered by us or to name you as a reference. You have the right to object to this.
Copyright and rights of use
6.1 Rights of use and scope of use
We have the copyright or exclusive right of use to the software provided. The copyright includes in particular the complete program code, the structure as well as the appearance and the design of the software. Upon conclusion of the contract and payment of the agreed annual fee, you only secure the rights of use to the software for the agreed purpose. Without our express consent, you are not entitled to transfer the rights of use granted by us to third parties, either against payment or free of charge, or to pass them on to third parties in any other way. The transfer of further rights of use may be agreed separately with us and shall be remunerated separately. Any changing duplication, transfer, modification, etc. of the software is not permitted without express permission.
6.2 Designation of copyright
If we have attached a copyright notice to the software, you may not remove or alter it without our consent.
6.3 Updates and Upgrades
We are entitled to change the software within the scope of (necessary) updates and upgrades. These changes are also subject to copyright protection.
We reserve the right to claim damages for any violation of the contractual license conditions, in particular for violation of copyright.
Term and termination
Our contract models can be terminated with a notice period of three months to the end of the respective term in text form, without giving reasons. If no notice is given in good time, the contract will be automatically extended by the respective initial term for a maximum of one year. This does not affect the right to extraordinary termination for good cause.
Use of content
By entering content into the database, you grant us the right to use this content indefinitely for the purposes of entering and keeping it available in the database and for retrieval and storage by third parties, in particular to store, reproduce, keep ready, transmit, link and publish the content. This can also be done by or in the form of advertising material (in particular the linking to social networks, the use for spots, the use for our own website or also in printed form etc.) by us or by third parties. Here the author explicitly renounces his naming. Furthermore, we receive the right to rework the contents, especially if they do not meet the above mentioned requirements of these conditions.
9. Usability of the services
9.1 Further development of the service / availability
We endeavour to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not impair the core services and are reasonable for the contractual partner, taking the interests of the contractual partner into account. We are also entitled to interrupt the operation of the website partially or completely within a reasonable framework for the purposes of updating and maintenance. In this respect, we do not guarantee the availability of the services offered at all times and do not guarantee that the services offered or parts thereof will be made available and can be used from any location. The statutory warranty right is not affected by this.
9.2 Technical requirements
The use of the software requires compatible devices. It is your responsibility to put or maintain your devices in a condition that enables you to use the Site Services.
9.3 Accessibility and Interruptions
We guarantee 95.00% annual average availability of our services. Excluded from this are downtimes due to maintenance and software updates as well as times during which the servers are not accessible via the Internet due to technical problems beyond our control. If the annual average falls below 95.00%, you are entitled to reduce the fees accordingly from the time of entry until the disability ceases to exist. We assume no liability for restrictions and impairments of the accessibility of the data on a server which lie outside our sphere of influence and for which we are not responsible. We will keep the interruptions as low as possible and, as far as possible, inform you about the interruptions. We shall not be liable for the loss of data and/or programs to the extent that the damage is due to your failure to perform data backups and thereby ensure that lost data can be restored with reasonable effort and that we are not responsible for such loss or damage.
In the event of defects or malfunctions, please notify us immediately so that we can remedy the problem. If the malfunction is due to your fault and the removal/processing is not part of your booked scope of services, we will charge you for the costs incurred by us for the inspection and any necessary removal.
Information on possible applications of the software provided by us as well as technical advice and other information are provided to the best of our knowledge and belief. The exclusion and reservation of liability from the following provisions shall also apply in this respect. However, you must always ensure yourself that you inform yourself before placing an order and check whether the software is suitable for your planned project.
10.2 Disclaimer of liability
We as well as our legal representatives and vicarious agents are only liable for intent. We shall only be liable for gross or slight negligence if material contractual obligations (i.e. obligations whose observance is of particular importance for achieving the purpose of the contract) are affected. The liability is limited to the foreseeable, contract-typical damage.
10.3 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
10.4 Data backup
We carry out effective data backups as part of our service provision, but do not provide a general data back-up guarantee for the data you transmit. You are also responsible for making appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and will back up the data with the necessary expertise. However, we do not guarantee that the stored content or data that you access will not be accidentally damaged or falsified, lost or partially removed.
10.5 Liability for Content
As the operator of the software, we are not liable for incorrect information provided by customers who enter it into our software. An examination of the contents of our software (in particular regarding the injury of rights of third parties) does not take place. If, however, we become aware of incorrect, inaccurate, misleading or illegal information, we will immediately check it and remove it if necessary. Furthermore, we assume no liability for the accuracy, timeliness, completeness, quality or legality of the content not provided by us. We only provide our customers with our software in the technical sense.
11. Final provisions
11.1 Place of jurisdiction
Our place of business shall be agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract if you are a merchant, a legal entity under public law or a special fund under public law.
11.2 Choice of law
As far as there are no compelling legal regulations according to your home right, German law is considered as agreed under exclusion of the UN purchase right.
11.3 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.