Terms and Conditions

The following General Terms and Conditions (hereinafter "T&C – EvoKlar") apply to all contracts between Evomation - Michael Meese e.K. (hereinafter "Provider" or "we") and the user/customer (hereinafter "Customer" or "you") regarding the use of the service "EvoKlar" (Software-as-a-Service, SaaS), which is provided at app.evoklar.de and app.evoklar.com.

General terms and conditions of the Customer are hereby objected to. Deviating or supplementary conditions of the Customer shall not become part of the contract unless the Provider expressly agrees to their validity in writing.

These T&C apply to:

• Entrepreneurs (§ 14 BGB): Unless explicitly regulated otherwise in individual clauses.
• Consumers (§ 13 BGB): Unless mandated otherwise by law.

1.1 SaaS Tool: The Provider provides the Customer with a web-based SaaS tool for processing and preparing data (in particular supplier and article master data). There is no delivery of software in the sense of a permanent transfer (download/data carrier).

1.3 Beta Status: The Customer acknowledges that the Service is (wholly or partially) in a Beta phase. The Service may contain programming errors, limitations, stability, or performance issues and may be changed or (even temporarily) discontinued at short notice.

1.2 Browser Access: The Service is made available to the Customer for use via a web browser. The concrete functional scope as well as any usage limits (e.g., number of rows/file size, feature set) are based on the selected Service Plan or the service description described on the website.

3.1 Client-Side Processing: The processing of files and content provided by the Customer takes place exclusively client-side in the Customer's browser. The Provider does not store, process, or view the content of the files processed by the Customer.

4.1 Duty to Verify: The Customer is obliged to independently verify all results and outputs of the Service before using them for business, financial, or legal purposes. The Service is an aid for automation; due to the complexity of file formats and data structures, the Provider assumes no warranty for the correctness, completeness, or integrity of the output data.

4.3 Data Backup: Since processing takes place client-side and the Provider does not create backups of Customer files, the Customer is solely responsible for backing up their source and result data.

5.1 Ownership: The Service, including source code, algorithms, designs, trademarks, texts, and documentation, is the intellectual property of the Provider and is protected by copyright.

5.2 License Grant: The Provider grants the Customer a simple, non-exclusive, non-transferable right, limited in time to the term of the contract, to use the Service via the browser within the contractually agreed scope.

5.3 Restrictions:

• Reverse engineering, decompiling, or disassembling the Service
• Creating adaptations or modifications
• Reselling the Service or offering it as a white-label solution without written consent
• Using the Service to develop or promote a directly competing product

5.4 Customer Data: All rights to the data processed by the Customer remain with the Customer.

9.1 Free Beta: Insofar as the Service is offered free of charge during a Beta phase, there is no claim to a specific functional scope or specific availability.

9.2 Paid Plans: If paid plans are offered, the prices shown on the website at the time of the conclusion of the contract apply. Billing takes place, unless agreed otherwise, in advance for the respective billing period.

9.5 Refunds:

• Statutory Rights: Statutory rights of withdrawal for consumers remain unaffected.
• Voluntary Money-Back: Insofar as a voluntary money-back regulation is shown on the website, this applies essentially.
• Pro-Rata Refunds: Pro-rata refunds may be available depending on the billing period and plan.

8.1 Unlimited Liability: The Provider is liable without limitation in cases of intent and gross negligence as well as for injury to life, body, or health.

8.2 Cardinal Duties: In cases of slight negligence, the Provider is liable only for the breach of material contractual obligations (cardinal duties). In this case, liability is limited to the typically foreseeable damage at the time of the conclusion of the contract.

8.3 Indirect Damages: Any further liability, in particular for indirect damages, consequential damages, or lost profits, is—to the extent permitted by law—excluded.

8.5 Free Services: Insofar as the Service is provided free of charge (e.g., Free Beta), the liability of the Provider is—to the extent permitted by law—limited to intent and gross negligence (cf. §§ 521, 599 BGB).

9.3 Term: The contract runs for an indefinite period unless a fixed term is agreed upon in individual cases.

9.4 Regular Termination: The Customer can generally terminate paid plans effective at the end of the current billing period.

Extraordinary Termination: The right to extraordinary termination for good cause remains unaffected.

10.1 Applicable Law: German substantive law applies to the legal relationships in connection with this contract, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

10.2 Place of 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—to the extent permitted by law—Bielefeld. However, the Provider is entitled to sue at the Customer's registered office.

10.3 Severability Clause: Should individual provisions of these T&C be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the statutory regulation.