1 Subject matter of the contract

This agreement is made between the user (hereinafter referred to as (you, your, your)) and Sailrs GmbH (hereinafter referred to as We, Us, Our)

You are reading the terms and conditions of BeLean. An app published by us, Sailrs GmbH.

We have made every effort to keep this agreement as short as possible. In addition, we do our best, our headquarters in Constance.

1.1 Subject matter

We provide you with the web-based BeLean Platform (hereinafter referred to as the “Platform”). The platform is used in particular for monitoring, reporting and managing so-called “impacts” (e.g. savings, cost reductions, process optimizations, etc.).

1.2 Legal nature

This is a paid user agreement under which the User can access certain functions via the Platform. The publisher provides its services exclusively on the basis of this contract.

1.3 Right to block

• The Publisher reserves the right to block the User if the clauses in these Terms and Conditions are violated.
• The User shall be liable for all damages resulting from the breach of these Terms and Conditions.

 2 Scope of Services and Obligations of the Publisher

2.1 Access to the Platform

• The Publisher shall provide the User with access to the Platform during the term of the Contract.
• The platform includes functions such as data entry, evaluation and the creation of so-called “snapshots”, in which relevant figures are recorded.

2.2 Software maintenance and updates

• The publisher is responsible for keeping the platform technically functional and maintaining it regularly.
• The Publisher shall provide updates and, if applicable, enhancements to the Platform at its own discretion, provided that this is necessary for proper operation or improves the user-friendliness.

2.3 Availability

The Publisher will endeavour to ensure the highest possible availability of the Platform within the scope of what is commercially reasonable. However, short-term maintenance work or unforeseeable events (e.g. force majeure) may lead to temporary interruptions.

2.4 Support Services

The publisher offers support in case of technical malfunctions. The scope and response times can be regulated in a separate service level agreement (SLA), provided that the parties agree to it.

 3 Obligations to cooperate and obligations of the user

3.1 Proper use

• The User undertakes to use the Platform only to the extent contractually agreed.
• The User will not take any action that could disrupt or impair the operation of the Platform.
• If a user violates the guidelines of proper use, the publisher has the right to block the user.
• The software may not be used for illegal purposes.
• You may not copy, reverse engineer, or reproduce the Software, or any part of the Software.

3.2 Access management

• The user is responsible for the confidentiality of his access data.
• In the event of misuse or suspicion of unauthorized use, the User is obliged to inform the Publisher immediately.
• Users are not allowed to share accounts.

3.3 Data responsibility

• The User is responsible for keeping the data entered into the Platform accurate, complete and up-to-date.
• The user assures that the use of the data will not violate any rights of third parties (e.g. personal rights, copyrights, data protection rights).
• Users are obliged to provide truthful information when creating accounts.
• Users are not allowed to use the internal BeLean API. Only the use of the public and publicly documented API is permitted.

 4 Rights

• In some cases, it is necessary for employees, contractors or representatives of the publisher to access the user’s account and its content in order to diagnose a problem. If the user contacts the publisher’s support team, this is considered tacit permission to access the account if necessary in order to be able to help. If the user wishes to receive assistance without releasing account access, this must be explicitly stated in the communication with the support team. Such requests will be considered as far as possible.
• The rights to data entered into the app remain with the author and do not become the property of the publisher.

 

 5 Remuneration

5.1 Payment methods

• All invoices are due for payment without deductions within 14 days of the invoice date, unless otherwise agreed.
• If the user is in default of payment, the publisher is entitled to charge statutory interest on arrears.

 

 6 Liability and warranty

6.1 Scope of liability

• The publisher is liable without limitation for intent and gross negligence.
• In the event of slight negligence, the Publisher shall only be liable for damages resulting from injury to life, limb or health, as well as for damages resulting from the breach of a material contractual obligation (cardinal obligation). In the event of a breach of a cardinal obligation, liability is limited to the damages typically foreseeable at the time of conclusion of the contract.

6.2 Disclaimer

• Liability for indirect damages, consequential damages and lost profits is excluded, unless intentional or grossly negligent conduct is present.
• In particular, the publisher is not liable for data loss or errors, unless these were caused intentionally or by gross negligence.

6.3 Warranty

• The Publisher does not warrant that the Platform will operate without interruptions or errors at all times. Short-term restrictions, in particular due to maintenance work or force majeure, do not give rise to warranty claims.
• The Publisher is not liable for defects that are demonstrably based on incorrect or incomplete data provided by the User.

 7 Data protection and confidentiality

7.1 Data protection

• Insofar as personal data is processed within the framework of this contract, both parties undertake to comply with the applicable data protection regulations.
• If there are further requirements for data processing, the parties conclude a separate agreement on order processing (DPA).

7.2 Confidentiality

• Both parties undertake to use all confidential information obtained in the course of the cooperation exclusively for the purposes of this Agreement and to protect it from unauthorized access by third parties.
• This obligation shall continue to apply after the termination of the contract.

 8 Severability clause

Should individual provisions of this contract be or become invalid, unenforceable or incomplete in whole or in part, the validity of the remaining provisions shall remain unaffected. Instead of the invalid or unenforceable provision, such a provision shall be deemed to have been agreed which comes as close as possible to the intended economic purpose. The same applies in the event of a loophole.

 9 Written form clause and amendments

9.1 Written form

All amendments, additions or cancellation of this contract must be made in writing. This also applies to the amendment of this written form clause.

9.2 Ancillary Agreements

There are no oral ancillary agreements. If the parties nevertheless make oral agreements, these must be recorded in writing without delay in order to be effective.

 10 Place of jurisdiction and applicable law

10.1 Place of jurisdiction

The place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of the publisher, provided that the user is a merchant, a legal entity under public law or a special fund under public law.

10.2 Applicable law

The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

 11 Final Provisions

11.1 Participation of subsidiaries

Insofar as subsidiaries of the User use the Platform, billing is nevertheless carried out centrally vis-à-vis the User. In this respect, a contractual relationship between the publisher and the subsidiaries only arises if this is explicitly agreed in writing.

11.2 Export Controls

If and to the extent that software is exported or data is transferred abroad, each party is responsible for complying with the export and import regulations that apply to it.

11.3 Copies of Contracts

This Agreement shall be signed in at least two copies, each of which shall be deemed to be the original.

 

Disclaimer for Belean

UNDER NO CIRCUMSTANCES SHALL PUBLISHER BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL) CAUSED DIRECTLY OR INDIRECTLY BY: 

(A) THE APP; (B) OUR CONTENT; (C) USER CONTENT; (D) THE USE OR INABILITY TO USE THE APP; (E) ACTIONS RELATING TO LAW ENFORCEMENT AUTHORITIES OR COPYRIGHT HOLDERS; (F) ERRORS OR INCOMPLETENESS IN THE APP; (G) TECHNICAL DAMAGE TO THE USER’S DEVICE (E.G. VIRUSES, DATA LOSS, SYSTEM FAILURES), EVEN IF SUCH RISKS WERE FORESEEABLE OR KNOWN TO THE PUBLISHER. THIS APPLIES REGARDLESS OF THE LEGAL BASIS (CONTRACT, TORT, ETC.). THE MAXIMUM LIABILITY OF THE PUBLISHER IS **ONE HUNDRED EUROS (€100.00)**. 

 

THE USER ACKNOWLEDGES THAT DAMAGES CAUSED BY THE APP DO NOT LEAD TO A LEGAL CLAIM FOR INJUNCTIVE RELIEF OR DISCONTINUATION OF THE APP OPERATIONS. THE PUBLISHER RESERVES THE RIGHT TO CHANGE, DISCONTINUE OR MARKET THE APP AT ANY TIME. 

 

Liability for third parties:

THE PUBLISHER ASSUMES NO RESPONSIBILITY FOR THE ACTIONS OR CONTENT OF THIRD PARTIES. THE USER INDEMNIFIES THE PUBLISHER FROM ALL CLAIMS ARISING FROM THE USE OF THIRD-PARTY PROVIDERS.