General Terms and Conditions

The following terms and conditions apply to all contracts concluded by CUMAS365, Josephsplatz 4, 80789 Munich (hereinafter referred to as the Provider, represented by Markus Holzheu, Josephsplatz 4, 80789 Munich 08958805440 info@cumas365.com) with its customers.

1. Conclusion of contract and services

1.1. The provider offers the creation and implementation of digital services, including in the form of SaaS (Software as a Service). This is done via the platform securefiletransfer.cumas365.com and by means of the software CUMAS365.
1.2. The contract is concluded either via the store on the Saas Service website or separately in consultation with the customer by email.
1.3. As far as SaaS services are concerned, these or access to these are provided in the provider's area of availability - i.e. from the data center interface to the Internet.
1.4. The subject matter and scope of the respective services, the quality, the intended use and the conditions of use are set out in the respective offer presentation on the website.
1.5. Additional services, such as the development of customized solutions or necessary adaptations, require a separate contract.
1.6. The Provider is entitled to update its software products at any time. It shall inform its customers of updates and their content by electronic means.

2. Scope and limits of software use

2.1. The contractual services may only be used by the customer for the purpose agreed in the contract. During the term of the contract, the customer may access the contractual services via the Internet + browser / app and use the functions of the software in accordance with the contract - e.g. vis-à-vis its customers.
2.2. No further rights are transferred. It is not permitted to make the software accessible to third parties or to allow third parties to do so, unless this is an express part of the contract.
2.3. The customer may not reproduce, sell or temporarily transfer, rent or lend the software or parts thereof.
2.4. If necessary, the Provider shall take technical measures to prevent non-contractual use. In doing so, it shall ensure that the contractual use is not significantly impaired by this.
2.5. The customer shall notify the provider immediately if the scope of use is exceeded in violation of the contract or if the service is transferred to third parties without authorization. In doing so, the customer shall state to whom the access was provided and provide all information necessary for the provider to assert its claims. In such cases, the Provider shall be entitled to block access and withhold its services until further notice. The right of retention can be maintained until the Provider has stopped the non-contractual use, provided all information and compensated for damages. In the event of serious violations, the Provider shall be entitled to block the Customer's access and terminate the contract without notice.

3. Availability

3.1. Regulations on availability can be found in the offers and the service description of the respective product.
3.2. In the event of only an insignificant reduction in the suitability of the services for contractual use, the customer shall have no claims due to defects. The strict liability of the provider for defects that already existed at the time the contract was concluded is excluded.

4. Procedure in the event of faults

4.1. The provider shall receive fault reports from the customer, assign them to the agreed fault categories and carry out the agreed measures to analyze and rectify faults on the basis of this assignment.
4.2. Response times only apply if they have been expressly included in the contract. Fault reports are otherwise generally accepted during normal business hours by e-mail or telephone.
4.3. Unless otherwise agreed, the Provider shall assign fault reports received to one of the following categories after initial inspection:
4.3.1. Serious fault
The disruption is due to a fault in the contractual services that makes the use of the contractual services, in particular the software, impossible or only possible with severe restrictions. The customer cannot reasonably work around this problem and therefore cannot complete tasks that cannot be postponed.
4.3.2. Other malfunction
The disruption is due to a fault in the contractual services which restricts the customer's use of the contractual services, in particular the software, to more than a minor extent without there being a serious disruption.
4.3.3. Other notification
Fault reports that do not fall into categories 4.3.1 and 4.3.2 are assigned to other reports. Other messages are only handled by the provider in accordance with the agreements made for them.
4.4. In the event of reports of serious faults and other faults, the Provider shall immediately initiate appropriate measures based on the circumstances communicated by the customer in order to first localize the cause of the fault.
4.5. If, after initial analysis, the reported fault does not prove to be a fault in the contractual services, in particular the software provided, the Provider shall inform the Customer of this immediately.
4.6. The Provider shall immediately provide the Customer with measures available to it to circumvent or rectify a fault in the contractual services, in particular the software provided, such as instructions for action or corrections to the software provided. The Customer shall immediately adopt such measures to circumvent or rectify faults and shall immediately report any remaining faults to the Provider again if they are used.

5. Liability for defects for consumers

5.1 A material defect is a not merely insignificant deviation of the product in the product description.
5.2. The supplier has the right to supplementary performance; the costs of supplementary performance shall be borne by the provider.
5.3. If subsequent performance is excluded, the consumer is entitled to the rights under § 437 BGB.
5.4. The warranty period is two years and begins with the provision of access to the provider's access to the provider's area of availability.

6. Obligations of the contractual partners

6.1. The Customer undertakes to provide the Provider with all information required for consulting or customized software or settings within the contractually agreed periods. Delays shall be borne by the customer.
6.2. The customer shall observe the system requirements specified in the offer and the documentation for the software.
6.3. The customer must protect the access authorizations and login information assigned to him or the users from access by third parties and not pass them on to unauthorized person.
6.4. The customer is obliged to indemnify the provider against all third-party claims based on unlawful use of the subject matter of the contract by him or with his approval. If the customer recognizes or must recognize that such an infringement is imminent, he shall inform the provider immediately.
6.5. The Customer shall back up its data independently at any time and at least once outside the Provider's contractual objects. The Provider can support the Customer in this if desired.

7. Contract term and termination

7.1. The term of the contracts depends on the offer and the service description.
7.2. Services are only provided for the previously agreed contract period. Ordinary termination is excluded during this period.
7.3. Contracts without a fixed contract end date can be terminated with a notice period of 3 months, at the earliest at the end of the minimum contract term. If this is not done, the contract is extended by a further year in each case.
7.4. The right to terminate for good cause remains unaffected.
7.5. Any termination must be in writing to be effective.
7.6. The customer shall back up his data on his own responsibility in good time before the end of the contract. After the end of the contract, the provider can no longer guarantee access to the data.

8. Non-contractual use

8.1. For each case of unauthorized use, the customer shall pay compensation in the amount of the remuneration that would have been incurred for contractual use within the minimum contract period.
8.2. This shall only apply if and insofar as the customer is responsible for the use contrary to the contract.
8.3. The customer reserves the right to prove that the customer is not responsible for the unauthorized use or that no or significantly less damage has occurred. The Provider remains entitled to claim further damages.

9. Billing

Upon conclusion of the contract on the basis of these GTC, a payment obligation arises for the customer towards the provider. This can be fulfilled by using one of the online payment methods on the provider's website or - if this payment method has been agreed - by settling the invoice.

10. Liability

10.1. The provider is liable if the legal requirements are met.
10.2. However, the liability and that of its vicarious agents shall be limited to the foreseeable, contractually typical, direct average damage in the event of a slightly negligent breach of duty. The Provider and its vicarious agents shall not be liable for slightly negligent breaches of non-essential obligations which do not jeopardize the performance of the contract. The above limitations of liability do not apply to claims arising from product liability or warranty. Furthermore, the limitations of liability do not apply in the event of attributable physical injury or damage to health or loss of life.

11. Right of withdrawal for consumers

Consumers have a right of withdrawal. The information about this right is published separately on our website and in the confirmation letter sent to the consumer by e-mail. sent to the consumer by email

12. Data protection

Personal data is processed in accordance with our privacy policy (https://cumas365.com/datenschutzerklarung/).

13. Miscellaneous

13.1. Insofar as there are no mandatory statutory provisions to the contrary, the law of the Federal Republic of Germany and the exclusion of the UN Convention on Contracts for the International Sale of Goods shall apply to all legal relationships relating to this contract.
13.2. Amendments or vaccinations to this contract must be made in writing. This also applies to an amendment to this written form clause itself.
13.3. Provided there are no mandatory statutory provisions to the contrary, the place of jurisdiction for all disputes arising from this contract is Dresden.
13.4. The European Commission provides a platform for online dispute resolution (ODR platform). This platform can be found at http://ec.europa.eu/odr . The provider expressly excludes alternative dispute resolution in accordance with Directive 2013/11/EU. It is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.