Terms and Conditions

1. Scope of Application

1.1. These Terms and Conditions (T&C) apply to all contracts between Smart-Bars (hereinafter referred to as Provider) and the customer (hereinafter referred to as User) concerning the use of the Software-As-A-Service platform.

1.2. Deviating terms and conditions of the User will not be recognized unless the Provider expressly agrees to their validity in writing.

2. Subject of the Contract

2.1. The Provider offers the User a cloud-based software solution (Software-as-a-Service, SaaS) accessible via the internet. The specific features and functionalities are outlined in the service description on the Provider's website.

2.2. The Provider may modify, limit, or expand the platform's functions at any time, provided these changes are reasonable for the User.

3. Registration and Contract Conclusion

3.1. The use of the platform requires the User to register. By completing the registration, the User submits a binding offer to conclude a usage contract.

3.2. The contract is established once the Provider accepts the offer by sending a confirmation email or by granting access to the platform.

4. User Obligations

4.1. The User agrees to keep their login credentials confidential and not to share them with third parties.

4.2. The User is responsible for ensuring the accuracy and completeness of the data provided.

4.3. The User agrees not to misuse the platform, including but not limited to distributing malware, illegal content, or infringing on third-party rights.

5. Availability and Maintenance

5.1. The Provider strives to ensure 99% availability of the platform on an annual average. This excludes periods of maintenance and necessary operational interruptions.

5.2. Maintenance work will, as far as possible, be carried out outside of regular business hours. The Provider will inform Users of planned maintenance in a timely manner.

5.3. The Provider is not liable for disruptions beyond its control (e.g., User’s internet connection, force majeure).

6. Pricing and Payment Terms

6.1. The prices for using the platform are listed in the current price list available on the Provider's website.

6.2. Payments must be made in advance for the respective billing period. The Provider will issue an electronic invoice to the User.

6.3. If the User falls into arrears with payments, the Provider is entitled to temporarily suspend access to the platform.

7. Liability

7.1. The Provider is fully liable for damages resulting from injury to life, body, or health, as well as for damages caused by intentional or grossly negligent breaches of duty by the Provider, its legal representatives, or agents.

7.2. For damages resulting from simple negligence, the Provider is liable only if essential contractual obligations (cardinal obligations) are breached. In this case, liability is limited to foreseeable, typical damages.

7.3. The Provider is not liable for data loss if the User has not ensured proper data backup.

7.4. The Provider is not liable for indirect or consequential damages, such as lost profits, production downtime, or inability to use the platform.

8. Warranty

8.1. The Provider delivers the platform within the scope of technical capabilities. The Provider makes no guarantee for uninterrupted availability or error-free operation of the software.

8.2. The User must report any defects promptly in writing.

8.3. The Provider will rectify reported defects within a reasonable time. Further warranty claims are excluded.

9. Data Protection

9.1. The Provider processes the User's personal data in accordance with the Privacy Policy, which is available on the Provider’s website.

9.2. The Provider agrees not to share the User's data with third parties unless necessary for contract fulfillment or required by law.

10. Term and Termination

10.1. The contract is concluded for the period specified in the offer. It will automatically renew for the same duration unless terminated by either party with [e.g., 14 days] notice before the end of the term.

10.2. The right to extraordinary termination for good cause remains unaffected.

10.3. Upon termination of the contract, the User’s data will be deleted unless statutory retention obligations exist.

11. Changes to the Terms and Conditions

11.1. The Provider reserves the right to modify these T&C at any time. The User will be informed of any changes at least 4 weeks before they take effect.

11.2. If the User does not object to the changes within 2 weeks of being notified, the changes will be deemed accepted. The Provider will explicitly inform the User of this in the notification.

12. Final Provisions

12.1. These T&C are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

12.2. The place of performance and jurisdiction is the Provider’s registered office, provided the User is a merchant or has no general jurisdiction in Germany.

12.3. Should individual provisions of these T&C be invalid, this shall not affect the validity of the remaining provisions.