The following terms and conditions apply to contracts concluded between you, as the customer, and us, as the provider (FFN Connect GmbH, Oberauer Straße 28, 01689 Niederau), unless a modification is agreed in writing between the parties. Divergent or opposing terms and conditions are only valid with our express consent.
An entrepreneur is any natural or legal person or a legally competent partnership that, upon entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
The subject of the contract is the provision of software for a limited period, including application documentation (hereinafter collectively referred to as "Software") via the internet, as well as the provision of storage space on our servers.
The source code of the software is not part of the contractual subject matter.
The specifications, current functionality, and technical requirements for the use of the software are detailed in the specific offer. The service description valid at the time of contract signing is conclusively authoritative. We do not owe any additional quality of the software beyond this description. The information provided therein serves as a description of services and does not constitute guarantees unless explicitly stated as such.
By posting the respective product on the website www.ffn-connect.de, we make a binding offer to conclude a contract. From the moment of your registration, FFN Connect is available to you free of charge for testing purposes for 14 days. If you continue to use FFN Connect after 14 days, you declare the acceptance of the offer, thereby concluding the contract. Unless otherwise agreed, our usage-based rates apply, which can be viewed in our Price Calculator.
The processing of the order and the transmission of all information required in connection with the contract conclusion will be carried out via e-mail and partly automated. Therefore, you must ensure that the e-mail address you provided is correct, that e-mails can be received, and that their receipt is not blocked by spam filters.
We provide you with the use of the latest version of the software for the agreed number of authorized users via the internet through access via a browser.
We ensure the functionality and availability of the software during the contract period and will maintain it in a state suitable for the contractual use. The software's scope of functionality and usage conditions are outlined in the service description.
You may increase or decrease the number of authorized users of the software as needed, based on the conditions stated in the specific offer. After the conclusion of the contract, we will immediately provide access data for the respective number of authorized users in electronic form.
Furthermore, after concluding the contract, we will provide you with user documentation in electronic form. The user documentation can be accessed at any time while using the software and can be downloaded in a common format.
We may update and further develop the software at any time, particularly to comply with legal changes, technical developments, or to enhance IT security. We will reasonably consider your legitimate interests and inform you of necessary updates in a timely manner. If your legitimate interests are substantially affected, you are entitled to a special right of termination.
We do not owe any customization to your individual needs or IT environment.
We will regularly maintain the software and notify you accordingly. Maintenance will typically be performed outside your usual business hours unless mandatory reasons require maintenance at a different time.
We provide storage space on our servers for storing data and for software use up to a volume of 2GB. We ensure data retrieval within the scope of software usage. You can expand or reduce the storage volume as required according to the terms stated in the specific offer.
We will implement measures to protect the data according to the state of the art. However, we do not assume any storage or custody obligations regarding the data. You are responsible for adequate data backup.
You remain the owner of the data stored on our servers and may request its retrieval at any time.
There will be no physical transfer of the software to you.
You receive simple, i.e., non-sublicensable and non-transferable rights to use the latest version of the software for the contractually specified number of users via access through a browser, limited to the duration of the contract.
You may only use the software within the scope of your own operations by your personnel. Any further use of the software is not permitted.
If we provide a new version of the software, your rights concerning the old software will expire, even without our explicit request, as soon as you use the new software productively.
Upon termination of the contract, you must completely discontinue the use of the software, remove all installed copies from your devices, and delete or return all copies stored on other data carriers unless you are legally required to retain them for a more extended period. Upon our request, you will confirm in writing that these measures have been fully implemented or provide reasons for any longer retention.
Copying or editing the user documentation is not permitted.
The contract begins upon conclusion and runs for one month. It is automatically renewed by one month at a time unless terminated with 24 hours' notice at the end of the month (contract period).
We are also entitled to terminate the contract with three months' notice to the end of the month.
The right to extraordinary termination for all parties remains unaffected. In particular, we have an extraordinary right of termination in the event of violations of contractual provisions.
To be effective, termination must be in text form (e.g., e-mail).
The first 14 days are free of charge. If not terminated, it will automatically transition into a paid usage period.
The prices listed in the respective offers are net prices and do not include VAT. The monthly rental fee and usage-based charges are due at the end of each billing month.
If delivery is made to countries outside the European Union, additional costs, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), may apply, which you will bear.
Money transfer costs (transfer or exchange rate fees of credit institutions) are borne by you when delivery is made to an EU member state, but payment is initiated outside the European Union.
You can choose from the payment options provided on our website, in the respective offer, or in the payment settings of your FFN Connect user account. Unless otherwise indicated for specific payment methods or on the invoice, payment is due immediately upon conclusion of the contract. Discount deductions are only permitted if expressly stated in the offer or on the invoice.
We ensure a total availability of services of at least 97% per month at the transfer point, which is the router output of our data center.
Availability refers to your ability to use all primary functions of the software. Maintenance times and times of disruption within the remedial period are considered times of software availability. Insignificant disruptions are not considered in the availability calculation. Our measurement instruments at the data center are decisive for verifying availability.
The resolution of minor disruptions is at our discretion.
You must protect and secure the access data provided to you from third-party access in line with the state of the art. You must ensure that usage only occurs within the contractually agreed scope. Unauthorized access must be reported to us immediately.
You are responsible for checking the data for viruses or other harmful components before storing or using it in the software and for using state-of-the-art measures (e.g., antivirus programs) to do so.
You are responsible for regularly performing adequate data backups. This applies particularly to third-party systems you connect to FFN Connect. We are not liable for data losses or damages resulting from a data loss.
For the provision of software usage and storage space, the warranty provisions of tenancy law (§§ 535 ff. BGB) apply.
You must notify us of any defects without delay.
The warranty for only insignificant reductions in the suitability of the service is excluded. The strict liability under § 536a para. 1 BGB for defects that were already present at the time of contract conclusion is excluded.
We are liable in cases of intent and gross negligence according to statutory provisions.
In cases of simple negligence, we are only liable if it involves the violation of an essential contractual obligation. In this case, liability is limited to foreseeable, contract-typical damage. An essential contractual obligation is an obligation whose fulfillment is essential for the proper execution of a contract and on whose compliance the other party can regularly rely.
Claims for damages under the Product Liability Act and for injury to life, limb, or health remain unaffected by the above limitations of liability. Claims for indemnification under § 9 para. 4 of this contract remain unaffected by the above provisions.
The above limitations of liability also apply to our legal representatives, employees, and agents.
German law applies.
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.
The place of performance for all services arising from business relationships with us and the place of jurisdiction is our registered office, provided you are a merchant, a legal entity under public law, or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time of the lawsuit. The right to also invoke the court at another legal place of jurisdiction remains unaffected.
The disclosure of data to third parties is generally prohibited. Customer data collected, stored, and processed in FFN Connect may not be disclosed to third parties without prior approval from FFN Connect.
The fulfillment service provider does not count as a third party in this regard.
