These General Terms and Conditions apply to the provision of SaaS services and the provision of software solutions as part of the IoT service, the Emitter® Cloud, and the associated software and server applications by us, Futura GmbH, Rudolf-Diesel-Str. 35, 33178 Borchen, Germany, in accordance with the service description in Annex 1. The Service Level Agreement (SLA) in Annex 2 applies to service and maintenance. Our General Terms and Conditions of Sale, available at www.futura-germany.com/agb-emitter-cloud, apply to the purchase of hardware and in addition to this . In the event of contradictions, these General Terms and Conditions shall take precedence over our General Terms and Conditions of Sale.
(1) We grant you access to the Emitter® Cloud and a time-limited, non-exclusive and non-transferable license to the software applications available there for the duration of the contract term.
(2) In addition, for the duration of the contract term, access to the Emitter® Cloud and the associated software applications is granted via the Emitter® app, which we make available for download free of charge from the Google Play or App Store.
The contract term begins at the start of the month following the month in which the hardware device was purchased.
(1) The agreed license and support fee, which covers both the provision of the cloud service and the provision of the software module as well as software maintenance and support services, shall be paid in advance.
(2) Individual adaptations, e.g. of the software module by means of an individual interface, as well as any training courses shall be agreed and invoiced separately.
(3) Special solutions such as all-inclusive prices or other alternative price models must be agreed in individual contracts.
(1) We provide a support hotline from Monday to Friday from 08:00 to 16:00, subject to changes in company or collectively agreed working time regulations. This excludes public holidays in North Rhine-Westphalia and December 24 and 31. The support hotline will help you with problems using the software modules and answer questions about software errors and application problems. Inquiries can also be made in writing or by e-mail. The support hotline does not explain specific software functions or how to implement the software module in your work processes; such services can be ordered via additional training courses.
In addition, the Service Level Agreement in Annex 2 to this Agreement shall apply.
(2) We are obliged to maintain the software modules. Software maintenance includes in particular the adaptation to legally prescribed requirements and the ongoing further development of the software. Updates to the cloud solutions are included in the software maintenance and are carried out by us.
(3 ) We shall not be liable for the temporary unavailability of the application in the context of necessary maintenance work. Maintenance work must be announced by us with a notice period of 24 hours. If a security threat requires action at shorter notice, we are entitled to carry out the maintenance work immediately.
(1) Since software, especially of a complex nature, cannot be developed completely free of errors, we only guarantee that our software applications do not have any malfunctions that impair their use more than insignificantly.
(2) If a software error occurs during the term of the contract, you must notify us immediately. The notification must be so specific that the faulty program sequence can be reproduced. The warranty claims resulting from the software error are initially limited to immediate rectification. You are only entitled to a reduction in the license and support fee and to withdraw from the contract after the rectification has failed twice within a reasonable period or we have seriously and finally refused to rectify the problem.
The data protection provisions of the provider at https://www.futura-germany.com/datenschutz/ apply.
Your data is processed by us on our behalf in accordance with the order processing agreement in Appendix 3.
We take appropriate technical and organizational measures to protect your data against loss, theft or manipulation in accordance with the state of the art.
The contract begins with the commencement of services (Section III.) and has a term of 12 months. It is automatically extended by a further 12 months unless one party terminates the contract at least three months before the end of the contract.
The statutory provisions on extraordinary termination remain unaffected.
We are entitled to change the monthly license and support fee at our reasonable discretion if there are increases or decreases in our own total costs. Examples of cost elements that influence the calculation of the fee are personnel costs, costs for the technical provision of support and other sales costs (invoicing, payment, marketing, etc.), general administrative and other overhead costs (e.g. rent, interest and other financing costs, costs for personnel, service providers and services, IT systems, energy) as well as government-imposed fees, contributions, taxes and levies. You will be notified of any price changes at least three months before they take effect, together with the reasons for the changes in relation to the cost elements concerned.