This document is written in German and English. In case of discrepancies between the German and the English version of this document, the German version shall prevail. The English text is only a non-binding convenience translation.
General Terms and Conditions (GTC)
§ 1 Contractual Partners
The contractual partners for the use of the SaaS service "Formtastic" are Formtastic GmbH, based at Amalienstr. 77, 80799 Munich ("Provider"), and the Customer.
§ 2 Subject Matter of the Contract
The Provider provides the necessary server infrastructure for processing, managing, and storing information as part of a service contract pursuant to §§ 611 et seq. BGB (German Civil Code).
During the registration process, the Customer accepts these GTC and the Comissioned Processing Agreement (PDF), which forms an integral part of the GTC.
§ 3 Obligations of the Provider
1. The Provider's software is provided as a cloud computing solution and runs on the Provider's data centers. The Customer receives password-protected access to Formtastic.
2. The Provider provides the Customer with the technical means to access the service described in § 2 via the World Wide Web. The Provider is responsible for the proper operation of the service itself – not for the World Wide Web.
3. The availability of the service is 98.50% on an annual average. Excluded from this are times when availability is interrupted due to technical or other problems outside the Provider's control (e.g., force majeure, third-party fault, third-party manipulation via cyber-attacks, failure of API interfaces to third-party providers, maintenance work previously communicated to the Customer in a timely manner, etc.).
§ 4 Obligations of the Customer
1. Should disruptions occur during the use of the servers according to § 3 (1) of this contract, the Customer shall notify the Provider of these disruptions immediately by email or telephone.
2. The Customer is obliged to handle access data according to § 3 (1) of this contract carefully, not to pass it on, and to prevent misuse by third parties. Unauthorized third parties do not include persons who use the access with the knowledge and will of the Customer. The Customer assures the Provider that they will always provide all information required for the successful provision of the service in text form and that no campaigns or content will be stored or posted on the internet whose provision, publication, or use violates applicable law or the rights of third parties (in particular name and trademark law, data protection law, etc.).
3. The Customer agrees to indemnify the Provider against claims of any kind by third parties resulting from the illegality of content stored by the Customer on the Provider's servers. This indemnification also includes the obligation to fully indemnify the Provider against reasonable legal defense costs (e.g., court and attorney fees).
4. The Customer undertakes to back up their data from the "Formtastic" system via the export function at regular intervals.
§ 5 Blocking of Content
If the Customer stores or posts illegal content contrary to the assurance in § 4 (3) of this contract, the Provider will inform the Customer accordingly. In such cases, the Provider reserves the right to block the service or refuse fulfillment of its obligations under this contract, provided it is legally authorized or required to do so.
§ 6 Remuneration and Price Adjustment
1. The Customer undertakes to pay the remuneration specified in the selected tariff for the use of Formtastic.
2. Right to Adjust Prices: The Provider is entitled to adjust the agreed remuneration at its reasonable discretion to reflect changes in total costs (e.g., increases in costs for technical infrastructure, license fees for third-party software, personnel, or general administrative costs). An adjustment is permitted only once per calendar year.
3. Notification: Price changes shall be communicated to the Customer by email at least six (6) weeks before they take effect.
4. Special Right of Termination: If the price increases by more than 10%, the Customer has a special right of termination at the time the increase takes effect. If the Customer does not exercise this right within four (4) weeks after receipt of the notification, the change is deemed accepted.
5. Functional Enhancements: The Provider reserves the right to set a separate remuneration for subsequently introduced additional functions or modules. The use of such new functions is optional and only takes place after explicit booking by the Customer.
§ 7 Payment Terms
The specified remuneration will be invoiced to the Customer and billed via the chosen payment method. We accept various payment methods, including Visa and Mastercard. Other accepted payment methods are displayed during the ordering process.
The Customer shall bear the costs incurred by a reversal of a payment transaction, provided the Customer is responsible for the reason for the reversal.
§ 8 Right of Use
The Provider grants the Customer a simple, non-transferable right of use for the purposes described in § 2, limited to the term of the contract. This entitles the Customer – for their own purposes – to use the service on the websites operated by the Provider. Any modifications within the scope of simple use are prohibited.
§ 9 Warranty and Liability
1. The Provider shall only be liable for the loss of data up to the amount that would have been incurred for the restoration of the data if the Customer had performed proper and regular data backups (pursuant to § 4 (4)).
2. The Provider is liable for damages, except in the case of a breach of essential contractual obligations (so-called cardinal obligations), only if and to the extent that the Provider, its legal representatives, senior employees, or other vicarious agents are guilty of intent or gross negligence. Cardinal obligations are abstractly those obligations whose fulfillment enables the proper execution of this contract in the first place and on whose compliance the contractual partners may regularly rely. In the event of a breach of cardinal obligations, the Provider is liable for any culpable behavior of its legal representatives, senior employees, or other vicarious agents.
3. The aforementioned exclusions and limitations of liability do not apply to damages resulting from injury to life, body, or health, the assumption of a quality guarantee, or fraudulent concealment of defects by the Provider, as well as in the case of product liability claims.
4. Claims for damages against the Provider expire after 12 months from the time the claim arose and the creditor became aware of the circumstances justifying the claim or should have become aware without gross negligence. Excluded from this shortening of the limitation period are claims for damages within the meaning of paragraph (3) above.
5. Insofar as the Provider's liability is excluded, this also applies to the personal liability of employees, workers, staff, representatives, shareholders, and vicarious agents of the Provider.
6. The Provider is in no case liable for damages resulting from performance failures or delays due to unpredictable events beyond the control of the Provider, its legal representatives, or its vicarious agents (force majeure). Force majeure events include, in particular, war, riots, natural disasters, fire, sabotage attacks by third parties (such as computer viruses), power failures, official orders, lawful internal industrial action, and the failure or limited performance of communication networks and gateways of other operators.
§ 10 Term and Termination
1. The right to use Formtastic begins after the first login to the system.
2. The term is indefinite. Termination of a paid tariff can take place according to the termination conditions specified there. The Customer can delete the account and all data contained therein at any time, provided no paid tariff is active.
3. Both parties are entitled to terminate the contract at any time without notice for good cause. Good cause exists in particular if
a. the Customer is in default with due payments for more than 10 business days after receiving a payment reminder or notice;
b. the Customer violates essential provisions of these GTC (§ 4) or other legal regulations and has not remedied the situation within a reasonable period despite a warning. A warning is not required if it promises no success or if the violation is so serious that the Provider cannot reasonably be expected to adhere to the contract.
4. In the event of termination, the Provider undertakes to provide all access until the end of the term.
§ 11 Competition
Both parties agree to treat the technical and economic details of their cooperation as confidential. However, both parties are permitted to report in general customer information, brochures, presentations, etc., that a service relationship exists between the parties.
§ 12 Data Protection
1. All data is stored in a certified data center in Germany.
2. The processing of personal data is always carried out in accordance with the General Data Protection Regulation (GDPR) and the country-specific data protection regulations applicable to Formtastic GmbH.
§ 13 Final Provisions
1. This contract is governed exclusively by German law, excluding the referral rules of International Private Law. The exclusive place of jurisdiction is Munich.
2. Should individual provisions of this contract be invalid or lose their validity due to a later circumstance, the validity of the remaining contract remains unaffected. Instead of the invalid provisions, a regulation shall apply that comes closest to what the parties would have intended. The same applies to gaps in this contract.
3. The GTC are drafted in both German and English. In the event of discrepancies or contradictions between the German and English versions, the German version shall prevail.
§ 14 Amendment of the GTC (Implied Consent)
1. The Provider reserves the right to change these GTC at any time with effect for the future, provided this is necessary for valid reasons (e.g., changes in law, supreme court rulings, or to improve the service offer).
2. Amendments shall be communicated to the Customer by email at least six (6) weeks before their planned effective date.
3. The amendments shall be deemed approved if the Customer does not object to them in text form within six (6) weeks after receipt of the notification. The Provider will explicitly point out this consequence and the right to object in the notification of change. If the Customer objects, the contract will be continued under the previous conditions; however, the Provider reserves the right to terminate the contract ordinarily in compliance with the contractual notice periods.