7 months ago

Terms of Service

Version 1.4, Revision 12


§ 1 Objective scope and object of the
contract

The following conditions (the “General
Contractual Conditions”) apply to the use and
operational support of standard software
programs (the “Software”), which are
manufactured by Lennart Guth, hereinafter
referred to as PDF Mail Merger, and provided as
software-as-a-service via the internet.
The
subjects of the contract are:

Individually developed software programs are not
the subject of this contract.

§ 2 Type and scope of the services

The type and scope of the mutual services are
regulated by the contractual
agreements. The scope of services defined
in the contract is deemed to be the agreed
quality. The decisive factors are:

  • the defined scope of services of the
    software listed in the contract, that in the
    respective
  • User documentation is set
  • the suitability for the use assumed in the
    contract,
  • the conditions laid down in the contract,
  • the following conditions,
  • Generally applied technical guidelines and
    technical standards, in particular also the
    international standards and proposals of the
    Internet Engineering Task Force (IETF), as
    documented in the Request-for-Comments
    (RFC), and the W3C (World Wide Web
    Consortium).

In the event of discrepancies, the contractual
agreements apply in the above order.

Further conditions, in particular general terms
and conditions of the contractual partner, do
not apply, even if PDF Mail Merger does not
expressly contradict them. Only the General
Terms and Conditions of PDF Mail Merger apply.

§ 3 Terms of use

3.1. Customer rights to the software

PDF Mail Merger grants the customer a
non-exclusive, non-transferable and
non-sublicensable right to use the software
mentioned in the contract and the associated
user documentation for the duration of the
contract. The software is provided over the
Internet. The transfer point for the SaaS
services is the router exit of the data center
used by PDF Mail Merger to the
Internet. The customer undertakes to use
the software exclusively in accordance with the
contract and neither to pass it on to third
parties nor to make it accessible to third
parties in any other way. The customer is
not entitled to “reverse engineer”, decompile,
disassemble, reproduce or use any part of the
software to create a separate application.

The customer hereby acknowledges PDF Mail Merger
as the sole licensor of the software and the
associated copyrights. PDF Mail Merger’s
rights as sole licensor also refer to extensions
of the software provided by PDF Mail Merger to
the customer, unless this is regulated otherwise
in writing.

The customer hereby recognizes PDF Mail Merger’s
brand, name and patent rights in relation to the
software and the associated
documentation. The customer may not remove,
change, or otherwise modify copyright
information or other similar proprietary notices
in the programs and the associated
documentation.

3.2. Rights of the customer to the data

The data recorded, processed and generated by
the software are stored on the servers of the
data center. In any case, the customer
remains the sole owner of the data and can
therefore request PDF Mail Merger to return
individual or all data at any time, in
particular after termination of the contract,
without PDF Mail Merger’s right of
retention. The data is released by
electronic transmission over a data network or,
by separate agreement, by handing over data
carriers. The customer is not entitled to
receive the software suitable for using the
data. Responsibility for the admissibility
of the collection, processing and use of the
data as well as for the protection of the rights
of the data subjects (information, use,
correction, blocking,

3.3. Violation of the terms of use

In the event of violations of the conditions of
use mentioned, PDF Mail Merger is entitled to
terminate the contract in whole or in part
without notice. In this case, PDF Mail
Merger also reserves the right to assert claims
for damages against the customer resulting from
the breach of contract.

3.4. Contract duration and termination

The minimum term for the provision of the SaaS
service is 1 month. The contract period is
automatically extended for another month if
there is no cancellation. The amounts are
collected from the most recently saved direct
debit or credit card data.

PDF Mail Merger is entitled to terminate for an
important reason, especially in the case of
failed direct debits or credit card collections.

§ 4 Maintenance conditions and service
level

4.1. Further developments / performance
changes

PDF Mail Merger reserves the right to make
further developments and changes in performance
(e.g. by using newer or different technologies,
systems, processes or standards) in the course
of technical progress and performance
optimization after the contract has been
concluded. In the event of significant
changes in performance, PDF Mail Merger will
notify the customer in good time. If there
are significant disadvantages for the customer
as a result of the service changes, the customer
is entitled to extraordinary termination of the
contract on the date of the change. The
customer must terminate the contract within two
weeks of receiving notification of the change in
service.

When new versions of the software are made
available, PDF Mail Merger grants the customer
the rights listed in Section 3 for the
respective new version.

4.2. System operation

PDF Mail Merger ensures that the software
provided is operated in an environment and
configuration suitable for the customer’s
requirements and on hardware suitable for the
customer’s intended use. This includes the
number and type of servers, regular backups,
scalability, power supply, air conditioning,
firewalling, virus checking, broadband internet
connection.

4.3. System availability

The availability of the data center network at
the router exit on the Internet is 99% annual
average. The client-side connection to the
Internet is the responsibility of the
customer. This is not part of the SaaS
scope of services. The downtime is
determined in full minutes and is calculated
from the sum of the fault clearance times per
year. This does not include the periods
that PDF Mail Merger identifies as so-called
maintenance windows for optimization and
performance enhancement, as well as loss of time
in troubleshooting due to reasons beyond PDF
Mail Merger’s control and failures due to force
majeure.

4.4. System availability disorders

Disruptions to system availability must be
reported by the customer immediately after
becoming known. Before reporting the fault,
the customer must check his area of
​​responsibility. In the case of fault
reports that are received within the support
times, the fault clearance begins within two
hours. In the case of fault reports that
are received outside of support hours, the fault
clearance begins on the following working
day. Delays in fault elimination for which
the customer is responsible (e.g. due to the
unavailability of a contact person on the
customer side) are not counted towards the fault
elimination time.

§ 5 Warranty

According to the state of the art, it is not
possible to exclude software errors under all
application conditions. PDF Mail Merger
guarantees, however, that the software
named at www.pdfmailmerger.com</a > can be used in principle. The
limitation period is one year.

Errors in the software and the associated
documentation will be remedied by PDF Mail
Merger free of charge within a reasonable
period. A prerequisite for this claim to
rectification is that the error is
reproducible. PDF Mail Merger can either
rectify or deliver a replacement to fulfill the
warranty obligation. In particular, PDF
Mail Merger can provide the customer with a new
version of the software to fulfill the warranty
obligation. It is the same as
troubleshooting if PDF Mail Merger provides an
alternative solution to the faulty function that
allows the customer to use it in accordance with
the contract.

Warranty claims are excluded if the software is
not used in accordance with the
contract. Furthermore, warranty claims are
excluded if the customer makes changes or
extensions to the software mentioned in the
contract, unless the customer can prove that the
errors are not causally related to the changes
or extensions.

If a major program error is not remedied by PDF
Mail Merger in accordance with the conditions
mentioned, the customer can request a reduction
in the monthly SaaS fee. PDF Mail Merger
has the same right if the production of the
error correction is not possible with reasonable
effort. If it turns out in the course of
the troubleshooting that the problems are due to
operating errors or improper use by the
customer, PDF Mail Merger can demand an
appropriate remuneration for the effort
incurred.

PDF Mail Merger does not guarantee the
fulfillment of the customer’s individual
requirements by the software named in the
contract. This applies in particular to the
failure to achieve the desired economic
success. Warranty claims against PDF Mail
Merger are only available to the direct customer
and cannot be assigned.

§ 6 Limitation of liability

In any case, the contractual and tortious
liability of PDF Mail Merger is limited to EUR
500,000 except for intent and gross negligence
for personal injury, for property, property and
activity damage to EUR 100,000 and for data loss
damage to EUR 50,000. Liability for lost
profits is excluded.

PDF Mail Merger assumes no liability for
disruptions on telecommunications connections,
disruptions on line routes within the Internet,
acts of God, third party negligence or the
customer himself. PDF Mail Merger assumes
no liability for damage that arises if the
customer passes on passwords or user IDs to
unauthorized persons.

§ 7 Remuneration

A monthly fee agreed in the contract is charged
for the SaaS services. The fees incurred
will be invoiced in advance.

§ 8 Terms of payment

Payments are made by direct debit or credit card
clearing. If the payment deadline is
exceeded, benefits may be restricted in the
event of default.

The customer is not entitled to offset claims
against PDF Mail Merger, unless they are legally
established claims or claims recognized by PDF
Mail Merger in writing.

§ 9 Confidentiality, data protection

The contracting parties undertake to keep the
knowledge gained in the context of the
contractual object – in particular technical or
economic data and other knowledge – secret and
to use it exclusively for the purposes of the
object of the contract.

This does not apply to information that is
publicly accessible or that becomes publicly
accessible without unauthorized action or
omission by the contracting parties or that must
be made available due to a court order or a
law. In the case of support support for
customer problems, it may be necessary to access
customer records. Access can be via a web
meeting with the customer or via database
analysis. This access is limited to the
period of the respective support measure.

If personal data has to be processed within the
scope of the contractual object, PDF Mail Merger
and the customer will comply with the legal data
protection regulations.

PDF Mail Merger advises the customer in
accordance with the Federal Data Protection Act
(BDSG) that customer data is stored.

§ 10 Final provisions

The place of service is Frankfurt,
Germany. The place of jurisdiction for both
contracting parties is Frankfurt,
Germany. It is only the law of the Federal
Republic of Germany. The contract, its
additions and changes as well as changes in form
must be in writing.

Should a provision of the contract be or become
ineffective, this does not affect the validity
of the rest of the contract. The
contractual partners undertake to replace the
ineffective provision with one that comes as
close as possible to what is economically
intended. The same applies if a loophole
should become apparent.