Terms and Conditions - hintcatcher

This translation of the Terms and Conditions is provided for informational purposes only; only the original Terms and Conditions, which are in German, are legally binding.

Welcome to hintcatcher. These General Terms and Conditions (hereinafter “Terms and Conditions”) apply to all services related to hintcatcher (hereinafter “Versions”, “Products” or “Services”). By using one or more of our offered services, you undertake to comply with and agree to the stated contractual conditions. The legal transaction is carried out by product kitchen GmbH (“Provider”).

Subject of the contract
1. These contractual terms and conditions apply to the use of the provider’s “hintcatcher” software in accordance with the current product description as Software as a Service (“SaaS”) or cloud offering.
2. The subject of the contract is the provision of software.
3. Our services are aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). We can therefore demand that you provide sufficient evidence of your entrepreneurial status before concluding the contract, e.g. by providing your sales tax ID (VAT ID) or other suitable evidence. You must provide the data required for proof completely and truthfully.
4. The software is operated by the provider as a SaaS or cloud solution. During the term of this contract, the provider allows the customer to use the software stored and running on the servers of the provider or a service provider commissioned by the provider via an Internet connection for their own purposes and to store and process their data with their help. It is not possible to provide the SaaS solution (on data storage media or via online transfer) for local installation.
5. The software stored and running on the provider’s servers or a service provider commissioned by the provider is accessed and used via an Internet connection using a modern Internet browser in the latest version.
6. The specific range of functions of the SaaS solution as well as the hardware and software environment that must be fulfilled on the customer side can be found in the respective offer and the user documentation.
7. These contractual conditions apply exclusively. The customer’s contractual terms and conditions (e.g. purchasing conditions) do not apply. Counter-confirmations from the customer with reference to their own terms and conditions or purchasing conditions are expressly rejected.
Type and scope of the service
1. The provider provides the customer with the latest version of the software for use at the router exit of the data center in which the server with the software is located (“handover point”). The software, the computing power required for use and the required storage and data processing space are provided by the provider. The provider is not responsible for establishing and maintaining the data connection between the customer’s IT systems and the described transfer point.
Compensation
1. In return for the services provided by the provider, the customer must pay appropriate compensation.
2. Unless otherwise agreed in writing, payment is due immediately at the beginning of the respective term and is payable without deductions. Invoices are payable on the due date - usually upon transmission - without deduction.
3. The amount of compensation depends on the SaaS plan booked (subscription/version).
4. The compensation is independent of the volume used.
5. Unless otherwise agreed in writing, payment can currently be made using the following payment methods: SEPA direct debit, credit card.
6. The provider must provide an invoice to the customer for the agreed billing period. Billing information (e.g. invoices in the form of PDF invoices) is transmitted electronically (available via email or as a download).
7. All prices mentioned are exclusive of the applicable taxes.
8. Fees for a reminder and a return debit will be charged to the customer in the event of delay.
9. If the customer delays the payment of a due compensation by more than four weeks, the provider is entitled to block access to the software after a prior reminder setting a deadline and expiry of the deadline. The provider’s claim to compensation remains unaffected by the blocking. Access to the software will be reactivated immediately after the arrears have been paid. The right to block access exists as a lesser means even if the provider has a right to extraordinary termination in accordance with section 13.5.
10. The provider expressly reserves the right to appropriately adjust the respective prices for the versions/products even for existing subscriptions after the initial term has expired. This right to adjust prices applies in particular if there are verifiable increases in production, operating and wage costs. For a contract that is extended at the end of the respective term, the provider can inform the customer about price changes at least thirty (30) days before the end of the term. The customer may object to the price changes within fourteen (14) days of notification. In the event of an objection, the contract ends at the end of the respective term. If the customer does not object, the prices communicated apply from the billing period following the notification.
11. All deliveries are carried out at the customer’s expense.
Availability of the software
1. The provider points out to the customer that he cannot guarantee 100% availability of the software if restrictions or impairments arise that are beyond the provider’s control. This includes, in particular, actions by third parties who are not acting on behalf of the provider, technical conditions of the Internet that cannot be influenced by the provider, and force majeure. The hardware, software and technical infrastructure used by the customer can also have an influence on the provider’s services. To the extent that such circumstances influence the availability or functionality of the service provided by the provider, this has no effect on the contractual conformity of the service provided.
2. The customer is obliged to inform the provider immediately and as precisely as possible in writing (by email to contact@hintcatcher.com) as soon as the software is not available or functional failures, malfunctions or impairments occur.
Customer’s right of use, access authorization
1. The customer receives a right of use of the software limited to the term of this contract.
2. There is no physical transfer of the software. The software remains on the provider’s server at all times.
3. Since the software runs exclusively on servers of the provider or service providers commissioned by the provider, the customer does not require any copyright use rights to the software and the provider does not grant any such rights. However, for the term of the contract, the provider grants the customer the non-exclusive, non-transferable right, limited to the duration agreed in this contract, to load the user interface of the software into the RAM of the end devices used for this purpose in accordance with the contract for display on the screen and to do so to make any resulting copies of the user interface and to use the software for the contractual purposes in accordance with the product description. Unless otherwise agreed between the parties, it is not permitted to allow third parties to use the software.
Customer’s obligation to cooperate
1. The customer will support the provider to an appropriate extent in providing the contractual service.
2. The customer must take all necessary and reasonable measures to prevent damage caused by the software (including virus checking). The customer is responsible for properly and regularly backing up their data. This also applies to documents provided to the provider in the course of contract processing. If the customer culpably violates this obligation, the provider is not liable for any resulting consequences, in particular not for the replacement of lost or damaged data.
3. In order to use the software, the system requirements specified in the product description and/or the user documentation must be met by the customer. The customer bears responsibility for this.
4. The use of the software requires registration; the customer must set up a user account for this purpose. The customer is obliged to provide truthful information when registering the user account. The customer is responsible for protecting the user account. The registration of a legal entity may only be carried out by an authorized natural person who must be named. The provider can refuse to accept registrations if there is an objective reason for doing so, e.g. incorrect information is provided or there is a fear that payment obligations will probably not be met. The customer must keep his access data secret and ensure that any employees do the same. When choosing the password, the generally known rules should be observed (length, complexity of the password, limit to one account); changes to the password are only possible online within the customer account. We recommend that you store your password in a protected area (e.g. password manager) to ensure secure access to your account. The customer must inform the provider immediately if the access data or password is lost or if there is suspicion of misuse of this data. Furthermore, the provider is entitled to block access to the customer account or the software in the event of misuse. The customer is liable for misuse for which he is responsible. The provider’s services may not be made available to third parties unless this has been expressly agreed in writing by the parties.
Support
1. A support case occurs if the software does not fulfill the contractual functions according to the product description.
2. The provider provides the customer with customer service via email to eliminate technical malfunctions and correct errors that arise when using the software.
3. If the customer reports a support case, he must provide as detailed a description as possible of the respective malfunction in order to enable the error to be resolved as efficiently as possible.
Warranty and defect claims
1. A material defect exists if the software does not have the contractually agreed quality or is not suitable for the contractually agreed use. Insignificant deviations do not constitute a defect.
2. The statutory warranty regulations generally apply. Section 536b (the tenant’s knowledge of the defect upon conclusion of the contract or acceptance), Section 536c (defects occurring during the rental period; notification of defects by the tenant) of the German Civil Code (BGB) apply. However, the application of Section 536a Paragraph 2 (tenant’s right to self-removal) is excluded. The application of Section 536a Paragraph 1 of the German Civil Code (the landlord’s obligation to pay damages) is also excluded if the standard provides for liability regardless of fault.
3. The customer is obliged to inform the provider immediately in writing (by email) of any defects that have occurred.
4. The limitation period for rights in the event of defects is twelve (12) months.
Liability
1. The provider is liable for damage to the customer that was caused intentionally or through gross negligence, that is the result of the non-existence of a guaranteed quality, that is based on a culpable violation of essential contractual obligations (so-called cardinal obligations), that is the result of a culpable injury to health, body or of life, or for which liability is provided for under the Product Liability Act, in accordance with the statutory provisions.
2. Cardinal obligations are those contractual obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely, and whose violation, on the other hand, endangers the achievement of the purpose of the contract.
3. In the event of a breach of a cardinal obligation, liability - as long as the damage is based solely on slight negligence - is limited to damage that can typically be expected to occur when using the contractual software.
4. Otherwise, liability - regardless of the legal basis - is excluded.
Data processing rights, data backup
1. The provider adheres to legal data protection regulations.
2. By using the provider’s services, the customer agrees to the processing of his or her personal data in accordance with the provider’s privacy policy. The provider’s privacy policy is provided here: https://www.hintcatcher.com/en/privacypolicy/
3. For the purposes of executing the contract, the customer grants the provider the right to reproduce the data to be stored by the provider for the customer, to the extent that this is necessary to provide the services owed under this contract. The provider is also entitled to store the data in failure systems or separate failure data centers. In order to eliminate disruptions, the provider is also entitled to make changes to the structure of the data or the data format.
4. The provider regularly backs up the customer’s data on the systems for which the provider is responsible on external backup systems.
5. The customer can configure many notifications or communications from the provider’s services. However, there may be certain communications or notifications that are part of the services and the customer’s user account and therefore cannot be unsubscribed.
Customer data and release from third-party claims
1. As a technical service provider, the provider stores content and data for the customer, which the customer enters and saves when using the software and makes them available for retrieval. The customer undertakes to the provider not to post any criminal content or data that is otherwise illegal, absolutely or in relation to individual third parties, and not to use any programs containing viruses or other malware in connection with the software. The customer remains the responsible party with regard to personal data and must therefore always check whether the processing of such data via the use of the software is subject to appropriate authorization.
2. The customer is solely responsible for all content and data processed by him (e.g. submitted hints) as well as any legal positions required for this. Use of and reliance on this content is at your own risk. The provider takes no notice of the customer’s content and generally does not check the content used by the customer with the software.
3. We reserve the right to change or remove content that violates these Terms and Conditions. Please contact us if you believe that any content does not comply with the Terms and Conditions.
4. In this context, the customer undertakes to indemnify the provider from all liability and costs, including possible and actual costs of legal proceedings, if the provider is sued by third parties, including employees of the customer personally, as a result of alleged actions or omissions by the customer in is claimed. The provider will inform the customer about the claim and, as far as this is legally possible, give him the opportunity to defend the asserted claim. At the same time, the customer will immediately provide the provider with all the information available to him about the matter that is the subject of the claim.
5. Any further claims for damages by the provider remain unaffected.
Changes to the subject matter of the contract
1. The software and related services offered as the subject of the contract are constantly evolving, which is why the provider may revise the subject of the contract offered at any time at its own discretion.
2. The provider is entitled, for example, to change or discontinue the provision of the software or functions for individual or all users at any time.
Contract term, contract extension and termination of the contract
1. Unless otherwise agreed in writing, the contract term is one (1) month.
2. Unless otherwise stated, the contract for an offered plan (license plan) is automatically extended for a further term under the then valid conditions, unless it is terminated by one of the contractual partners by observing the applicable notice period at the end of the respective term.
3. Both parties can terminate the contract at any time, subject to the agreed notice period, by providing the other contracting party with a notice of termination in due time.
4. Unless otherwise stated, the notice period is fourteen (14) days to the end of the term.
5. Both parties reserve the right to extraordinary termination for good cause if the legal requirements are met. An important reason for the provider exists in particular if the customer is more than two months in arrears with the payment of a due remuneration despite a reminder. If the customer is responsible for the reason for termination, the customer is obliged to pay the provider the agreed remuneration, less any expenses saved by the provider, up to the date on which the contract would end at the earliest in the event of a regular termination.
6. Declarations of termination must be in text form (by email) to be effective. Compliance with this form is a prerequisite for the termination to be effective. Please send cancellations to contact@hintcatcher.com. The provider confirms the termination to the customer in writing by email.
7. After termination of the contract, the customer no longer has access to the data provided and the provider must return to the customer all documents and data carriers that were provided by the customer and are still in the provider’s possession and that are in connection with this contract and which are available to the customer to delete data stored by the provider, provided there are no retention obligations or rights. After 30 days after the end of the contract or, if requested by the customer, beforehand, the provider will delete the customer’s data completely and permanently, unless this conflicts with statutory retention obligations or rights. The provider is only obliged to release data differently if this has been agreed separately and is remunerated in accordance with the separate agreement.
Secrecy, confidentiality
1. The parties are obliged to keep all confidential information about the other party that they become aware of in connection with this contract permanently secret and not to pass it on to third parties, record it or use it in any other way, unless the other party expressly agrees to the disclosure or use and has agreed in writing or the information is required to be disclosed by law, court decision or administrative decision. If there is no such consent or disclosure, the information that has become known shall only be used to implement this contract.
2. The customer is particularly obliged to maintain secrecy with regard to all content of the software. The customer may not pass on the access data (user names and passwords) to third parties.
3. The following shall not be considered confidential information within the meaning of Section 14.1 of this agreement: information previously known to the other party; information that is generally known; Information disclosed to the other party by a third party without breaching any obligation of confidentiality.
4. The obligations arising from this section also apply to the period after termination of the contractual relationship.
Transfer of rights and obligations
1. The assignment of the rights and obligations under this contract is only permitted with the prior written consent of the provider. The provider is entitled to entrust third parties with the fulfillment of the obligations under this contract.
Final regulations
1. Legally relevant declarations and notifications that must be made after the conclusion of the contract must be in writing to be effective.
2. This agreement and its changes as well as all contract-relevant declarations, notification and documentation obligations must be in writing, unless another form has been agreed or required by law.
3. The provider reserves the right to change, alter, replace or otherwise modify these Terms and Conditions at any time, for example in order to implement changed legal or regulatory requirements as well as supreme court case law or to respond to changes in the functionality of the software or the offer. The date of last modification is indicated in these Terms and Conditions. Please check these Terms and Conditions periodically for updates.
4. These contractual conditions apply exclusively. Any other terms and conditions of the provider, the customer or third parties are hereby expressly contradicted.
5. By using the contractual software, you grant us permission, which can be revoked in writing at any time, to name your company as a customer reference for marketing purposes.
6. The products and services offered may only be used for the intended purpose in accordance with the contract.
7. Only the German version of the contractual conditions is legally binding.
8. Verbal collateral agreements do not exist. Changes, additions and cancellation of this contract must be made in writing. This also applies to changes to this written form clause itself.
9. Appendices to this Agreement are part of this Agreement.
10. This contract is subject exclusively to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
11. The place of jurisdiction for all disputes arising from this contract is the registered office of the provider.
12. Should individual provisions of this contract be wholly or partially ineffective or become ineffective after conclusion of the contract, this will not affect the effectiveness of the remaining provisions. In this case, the contracting parties will work together to negotiate an effective and reasonable replacement provision that comes as close as possible to the meaning and purpose of the invalid provision. This also applies in the event of a gap in the contract.