Terms and Conditions for tabiola

1. Content and Formation

1. Parties and Subject Matter

These terms and conditions govern the legal relationship between https://tabiola.org, operated by Dariyousch Käther, c/o COCENTER, Koppoldstraße 1, 86551 Aichach, Germany("tabiola"), and its customers ("Customer") as well as users ("User") in relation to the provision of software and all currently and future offered services for use over the Internet (Software-as-a-Service). Additional service conditions apply to the respective provision of individual software products. In the event of a conflict between these General Terms and Conditions and the Service Conditions, the Service Conditions shall prevail.

2. Authorized Users

Authorized users are adults. There is no entitlement to use.

3. No Deviating Provisions

The applicability of deviating or additional provisions is excluded. This applies especially to the general terms and conditions of the Customer, even if tabiola accepts an order from the Customer in which the Customer refers to its general terms and conditions and/or the Customer's general terms and conditions are attached, and tabiola does not object to them.

2. Use of tabiola

1. The use of some services and features on tabiola does not require an existing user account. tabiola reserves the right to restrict cost-free and registration-free services and features.
2. The use of some services and features on tabiola requires a free user account. tabiola reserves the right to restrict services and features requiring registration.

3. Usage Agreement

1. A usage agreement with tabiola is only formed when tabiola confirms the registration or accepts it by providing the services and the user or customer agrees to these terms of use. tabiola reserves the right to terminate the usage agreement without stating reasons.
2. tabiola reserves the right to offer individual services under tabiola only under additional conditions and upon separate application. The specific conditions will be published on tabiola.

4. Services of tabiola

1. The services under tabiola are granted exclusively within the technical, operational, and financial possibilities of tabiola.
2. There is no entitlement to the provision of specific services under tabiola. tabiola makes no representations for a specific scope of service or the error-free and uninterrupted availability of the offered services; this particularly applies to the availability of specific areas within the offer, such as the availability and retrievability of the "Account Settings" area. The internet access is not part of this usage agreement. Each user and customer is independently responsible for their internet access and the condition of their own hardware and software for using the services under tabiola.
3. tabiola reserves the right to discontinue the offer under tabiola at any time and to change the provided services within tabiola in type and scope. Reasons for this may arise from necessary adjustments to new legal situations or jurisprudence or from technical (e.g., new browser versions or technical standards, protection of system security, development of services and the resulting deactivation of old functions) or economic market changes. You will be informed in advance—usually at least 2 weeks before the effective date—within a reasonable period by email. The customer's consent to such a change is deemed granted if the customer does not object to the change in writing or by email by the change date. In the announcement of the change, tabiola will again specifically point out this legal consequence. If the change would disturb the contractual balance between the parties to the detriment of the customer more than insignificantly, the change will not be made.

5. Right of Use

tabiola provides the customer and users with the software product ("Software") described and designated in the Service Conditions for use over the internet ("Service"). The software is operated on computers of a data center used by tabiola, and the user or customer is granted the non-exclusive and non-transferable right to access the software via a browser and an internet connection and to use it for their own purposes for the duration of the validity of these conditions. The right of use is limited to the number of usage units booked by the customer (e.g., completed subscriptions/rental agreements) and their scope defined at the time of contract conclusion. The right of use for non-registered users or users of free services and features is limited to the limitations specified at https://tabiola.org/pricing.

6. Setup

The user or customer performs the initial setup of the service (individual settings or importing data) themselves. A modification of the service, particularly reprogramming according to the customer's wishes, is not owed. Corresponding services are to be agreed upon and remunerated separately.

7. Support

tabiola provides free online support to assist in the use of the service. The support does not include general knowledge transfer, training, configuration and implementation, or customer-specific documentation or adaptation of the software. Support is provided via the service portal on tabiola. Prioritized support is only available to customers with a paid Pro Plan subscription.

8. Remuneration and Payment Delay

1. Fee Structure: The customer owes tabiola a fee for the use of the service during the contract term as agreed in the service description. The remuneration may consist of a setup fee, a fixed monthly basic fee, and a monthly usage fee dependent on the number of booked or utilized usage units.
2. Incurrence of Basic and Usage Fees: The basic and usage fee becomes due in full in advance with the start of the contract for the basic term and then at the beginning of each renewal term for the contract term. An increase in the booked usage units (or switch to a higher service package) is possible at any time, while a reduction (or switch to a lower service package) is only possible with effect at the end of the basic or a renewal term or before with consent from tabiola. In case of an increase of the booked usage units within the basic or a renewal term, the additional fees will be charged pro rata. For the additional usage units, the prices according to tabiola's price list valid at the time of ordering the additional usage units apply.
3. Invoicing: tabiola invoices the fees at the beginning of the contract and then in advance at the beginning of each renewal term. The invoice amount is payable within 30 days.
4. Net Prices: All prices are exclusive of the applicable statutory value-added tax.
5. Payment Delay: If the customer is in arrears with the payment of the remuneration or a not insignificant part of the remuneration for two calendar months or over a period extending more than two months with the payment of the remuneration amounting to twice a monthly basic plus usage fee, tabiola is entitled, after appropriate warning by email or letter, to block access to the service and to terminate the contract extraordinarily. During the blockade, the customer has no access to the data stored in the service. In case of termination, clause 11 (4) applies.
6. Price Changes: tabiola is entitled to increase or reduce the prices agreed with the customer at the end of at least 12 months from the effective date of the last price change (but not earlier than 24 months after the conclusion of the Software-as-a-Service contract) with effect at the beginning of the following renewal term. Such a price increase may not exceed 5% per contract year unless tabiola's labor costs for providing the service have increased by more than 5% per contract year. The changed prices become effective if (i) tabiola announces them to the customer in writing or by email at least six weeks before they become effective and (ii) the customer does not object to them in writing or by email within six weeks of the notification. In the announcement of the price change, tabiola will again specifically point out this legal consequence. If the customer objects, the previous prices continue to apply. tabiola has the right to terminate the contract according to clause 11.

9. Customer's Duties and Obligations

1. Backup Copies: It is the customer's responsibility to regularly export the data entered by them and make backup copies or to print out and keep the corresponding information.
2. System Requirements and Cooperation Obligations: The requirements for hardware and software at the user and customer as well as organizational requirements and cooperation obligations of the customer are regulated in the service conditions.
3. Customer's Name and Logo Use: The customer agrees, revocable at any time (recall@tabiola.org), that tabiola is entitled to use the customer's name and company logo for advertising purposes for tabiola's software products both on- and offline, including in print media and via databases, electronic data networks, and online services (e.g., FTP, WWW, Email, YouTube, Facebook, and similar networks), to reproduce, distribute, make available for retrieval, publish, and display.

10. Customer Data and Data Protection

1. Customer Data: The data entered and generated by the customer in the course of using the service and attributable to the customer ("Customer Data") belong exclusively to the customer. tabiola treats customer data confidentially and in accordance with data protection regulations.
2. Data Processing on Behalf: Insofar as customer data is personal data, the following applies: tabiola processes customer data as a data processor within the meaning of Art. 28 of the General Data Protection Regulation (EU-GDPR) exclusively on behalf of and according to the instructions of the customer and solely for the purpose of providing the service. tabiola takes appropriate technical and organizational measures to protect customer data. The customer remains responsible for the lawfulness of the collection, processing, and use of customer data in accordance with legal provisions, in particular the BDSG. The parties regulate details in a separate contract for data processing on behalf.

11. Warranty Claims

1. Defect Rectification: Defects in the service must be reported by the customer to tabiola immediately, explaining the circumstances leading to their occurrence. tabiola will rectify the defect within a reasonable period. tabiola is entitled to circumvent the defect with a workaround solution if the cause of the defect itself can only be rectified with disproportionate effort and the usability of the service is not significantly affected.
2. Service Levels: Any service levels for the rectification of defects of individual services are regulated in the service description.
3. Initial Impossibility: The liability without fault for initial defects according to §536a para. 1, Alt. 1 of the German Civil Code (BGB) is excluded.

12. Indemnification Obligations

1. Obligation to Indemnify: If third parties (including public authorities) assert claims or legal violations against tabiola, based on the allegation that the customer has violated their contractual obligations, in particular by uploading unlawful data into the service or using the service in a competition-infringing or otherwise unlawful manner, the following applies: The user or customer will indemnify tabiola from these claims immediately, provide reasonable support to tabiola in legal defense, and indemnify tabiola from the costs of legal defense.
2. Conditions for the Obligation to Indemnify: Prerequisites for the indemnification obligation according to Section 12 (1) are that tabiola immediately informs the user or customer in writing about the asserted claims, does not issue any acknowledgments or equivalent declarations, and allows the customer to conduct all judicial and extrajudicial negotiations on the claims at their expense, as far as possible.

13. Liability

1. tabiola is liable for damages, as far as they
   • were caused intentionally or through gross negligence by tabiola, or
   • were caused by slight negligence of tabiola and are due to significant breaches of obligations that endanger the achievement of the contract's purpose, or to the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer may rely (e.g., customer data is completely lost, and even old stocks are not reconstructible).
   Otherwise, tabiola's liability is excluded, regardless of its legal basis, unless tabiola is mandatorily liable by law, in particular for injury to life, body, or health of a person, assumption of an explicit guarantee, fraudulent concealment of a defect, or under the Product Liability Act. Guarantees by tabiola are only given in writing and must be designated as such.
2. Employees and Agents of tabiola: The limitations of liability in Section 13 (1) also apply to claims against employees and agents of tabiola.

14. Term and Termination

1. Free Trial Phase: Unless otherwise regulated in the service conditions, the following applies to the term of the contract regarding an individual service: Initially, a 30-day trial phase begins upon conclusion of the contract. During the trial phase, no setup, basic, or usage fees are incurred. The contract automatically ends at the end of the trial phase if the customer does not explicitly order the service for a subsequent term. The customer will be informed of this before the end of the trial phase. If the customer orders the service for a further term, the basic term according to Section 14 (2) begins at the end of the trial phase.
2. Term: The contract is concluded for a certain term depending on the customer's order (e.g., one month, three, six, or twelve months) ("Basic Term") and then automatically extends for the same period ("Extension Period") if the contract is not terminated by a party with a notice period of four weeks ("Termination Period") at the end of the basic term or an extension term. The right to terminate for good cause remains unaffected. For the reduction of usage units, see Section 8 (2).
3. Form of Termination: Termination can be made by email to support@tabiola.org or via the account area on tabiola.
4. Data at the End of the Contract: The customer can export the customer data via the export function of the respective service during the contract term. After the end of the contract term, the customer has access to the customer data within the scope of the respective downgraded free offer. One month after the end of the contract—or earlier at the customer's request—tabiola will randomly, permanently, and completely delete the customer data exceeding the free offer, unless legal retention obligations of tabiola conflict with this. A different delivery of the customer data (e.g., concerning time, format, or migration) is only obligatory for tabiola if this is separately agreed upon and remunerated.
5. tabiola reserves the right to permanently and completely delete customer data of users of free services and features after 12 months of inactivity. This will be done after prior notification by email to the email address provided at registration.

15. Final Provisions

1. Service Conditions: The service conditions of the respective commissioned service are part of the contract.
2. Offsetting: The customer may only offset other claims than their contractual counterclaims from the respective legal transaction if this claim is undisputed by tabiola or has been legally established.
3. Written Form: Changes to these conditions require written form. This also applies to waiving the requirement of written form.
4. Applicable Law: This contract is subject to German law exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods.
5. Jurisdiction: If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is Munich.

For any questions or concerns regarding these terms and conditions, please contact us at support@tabiola.org.