Personizer GmbH & Co. KG (registered in the Commercial Register at Oldenburg Local Court under HRA 204370, Germany, for further information see our “About” page) offers and operates services on the Internet (the “Services”). A contract is therefore concluded directly between the customer (the “User”) and the operator of the services (Personizer GmbH & . KG, the “Provider”), in accordance with the following general terms and conditions (the “Terms”).
The version of the Terms that is current at the time the contract is concluded shall apply to the legal relationship between the Provider and the User with regard to the services named in section 2 “Regulations for specific services (special section)”, subject to any changes.
Amendments to the Terms shall be proposed to the User in writing at least two months before the proposed effective date. If the User has used an electronic communication channel for the business relationship, the changes can also be proposed in this way. The User shall be deemed to have given his consent if he has not notified his refusal before the proposed date on which the changes take effect. The Provider will specifically draw his attention to this approval effect in his offer. These terms may not be extended or restricted by the User.
Use of the services named in section 2 without acceptance of these Terms is not permitted.
Using the services named in section 2 by circumventing the access routes provided for this purpose is not permitted.
The Provider grants all registered users a non-exclusive right to use the respective service. By registering, the User explicitly agrees to these Terms. The User will be informed of this in an appropriate place.
The User does not acquire any property rights to the respective service, the texts used, the design, the underlying software, etc., in any form whatsoever. Accordingly, the User may not decompile the software, whether in part or as a whole, nor decompile or reverse-engineer the underlying source code or make it readable or usable in any other way.
The Provider enables the User to access the current version of the service for the duration of the contract. The scope of services is defined by the description of the respective service.
The Provider grants the customer a simple, non-sublicensable and non-transferable right of use which is limited to the term of this contract.
The Provider provides free support to help with technical problems when using the service.
The subject matter of the contract is the use of the service offered by way of remote access via the Internet (“Software as a Service”) and by enabling the User to store data on servers operated on behalf of the provider (“hosting”). The connection of the User to the Internet is not the subject of this contract, but is the responsibility of the User within the scope of the conditions for use.
The Provider is under no obligation to prevent interruptions to existing information, data or services or maintain them in an unchanged form. The Provider will, however, use his best efforts to inform the User in good time of the cancellation or suspension of the service.
The User must register in order to use the Provider’s services.
The User must fill out all fields of the registration form truthfully and correctly. Successful registration is only possible when all mandatory fields have been completed.
Only users with full legal capacity or users with full legal capacity authorised by the User or users acting with the consent of their legal representatives are entitled to use the services.
Users are obliged to keep their credentials secret and not to pass them on to third parties. If the User becomes aware that a third party has found out or uses his/her login credentials, he/she will change the credentials and/or inform the Provider without delay. The same obligation applies to other users authorised by the User. The User must inform and oblige such other users accordingly.
The charges for the use of the service are based on the current price list.
The charges specified in the current price list are net prices unless expressly stated otherwise. Prices are exclusive of the statutory value-added tax (if the place of performance is Germany, this is 19% as of 2018).
Custom services by the Provider which are not included in the price list are charged on the basis of a separate agreement with the User.
The Provider is entitled to adjust the respective price list once a quarter to accommodate changing market conditions, significant changes in measures to increase security and privacy, services and support, provider fees, personnel costs, or increases in the cost of improving, adapting and developing the software. In the event of price increases exceeding the regular increase in the cost of living according to the general consumer price index, the User is entitled to terminate the contract without notice. In these cases, the User will be informed by the Provider in writing.
The Provider will invoice the User for the services provided. The invoice will become due immediately after receipt. If the User defaults on payment, the Provider shall be entitled to suspend the services seven days after a fruitless reminder.
By accepting the terms, the User makes a binding commitment to use the service. However, there is no general right to use the service. The Provider reserves the right to accept or decline registration for the use of the service. A contract is concluded once the Provider has accepted the registration, the User has selected a plan and the Provider has activated the User’s account.
The User acknowledges that the application of the service falls within the scope of the GDPR and the national data protection legislation. The User undertakes to comply with all applicable laws or regulations with regarding the use of the Service.
It is the responsibility of the User to save the information, data and other messages forwarded by the Provider without delay.
The Provider assumes no liability for the operational readiness of the systems provided. The Provider and the User agree that it is not possible to develop computer programs in such a way that they are error-free under all conditions. Specifically, no liability is assumed for the transmission, completeness of the transmission and/or timeliness of the transmission of data.
The User is responsible for the content he/she uploads or has uploaded to the service.
If a user suffers a data loss, the extent of the provider’s liability shall be limited to the effort required to restore the lost data on the user’s system using existing backup copies.
In cases of simple negligence, the Provider shall only be liable for damages where these damages were caused by a culpable violation of material contractual obligations whose violation may prevent the purpose of the contract to be achieved and/or compliance with which is required for the contract to be executed properly and where users may expect compliance, regardless of the legal reason. The same applies if the User is entitled to damages instead of performance. In case of a violation of material contractual obligations, depending on the type of service, the Provider’s liability shall be limited to the foreseeable immediate typical average damage which the Provider had to take into account at the time of conclusion of the contract due to the circumstances known to him at that time.
Any further liability of the provider is excluded irrespective of the legal nature of the claim asserted; this also applies in particular to claims in tort or claims for reimbursement of wasted expenses instead of performance.
Where the liability of the provider is excluded or limited, this shall also apply to the personal liability of its employees, workers, staff, representatives or vicarious agents.
The above limitations of liability do not apply to claims of the User arising from product liability. Furthermore, the limitations of liability do not apply to personal injury or damage to health attributable to the Provider or in the event of loss of life as well as to damage based on intentional or grossly negligent breaches of contract or malice on the part of the provider, its legal representatives or vicarious agents.
The user may terminate the service at any time without giving reasons. There is no minimum term.
The Provider explicitly reserves the right to exclude specific users from the use of the Service and all other services connected with it at a later date without giving reasons.
If any of the provisions of these Terms should be or become partially or completely invalid or unenforceable, the validity of the other provisions shall remain unaffected. The ineffective provision shall be replaced by a provision which comes closest to the intended purpose.
The parties agree that the place of jurisdiction shall be the Provider’s head office, provided this is permitted by law.
Upon the Provider’s first request, the User shall hold the Provider harmless with respect to all claims asserted against the Provider in connection with actions caused by the User.
The User warrants that the information provided or to be provided by him in connection with the registration for the service is correct. The User shall immediately notify the Provider of any changes.
These terms and conditions are subject to the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
The User is the data controller as contemplated by the GDPR and the national data protection legislation. The Provider is the Processor.
The User undertakes to conclude the data processing contract offered by the Provider in accordance with Art. 28 of the GDPR without delay if the prerequisites contemplated by to Art. 28 of the GDPR are met.
The User releases the provider from (co-)liability according to the GDPR to the extent that the Provider is not liable for a claim for damages according to his fault and the degree of his co-responsibility.
The Provider uses an appropriate security system to maintain data security.
After termination of the cooperation within the meaning of the Terms, the User may request the Provider to delete the data stored in the database during the cooperation immediately.
The User confirms that, by complying with the declarations above, the Provider fully meets the User’s data protection requirements.
Vacationizr is a service for vacation and absence management offered by the Provider. This service offers a number of features for a large number of participants. The service allows users to enter, manage, evaluate and track vacation or absence entries by one or more users.
Clockout is a service for time tracking offered by the Provider. This service offers a number of features for a large number of participants. The service allows users to enter, manage, evaluate and track times by one or more users.