Terms of Use

§ 1 Applicability

(1) These Terms of Use are part of the contract and apply exclusively. Terms which conflict with or deviate from the provider's Terms of Use are not recognized by the provider unless the provider has explicitly agreed to their applicability.
(2) These Terms of Use only apply to entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law. Meenit is intended in particular for small and medium-sized companies, organizations, associations and comparable professional or organizational users, not for consumers.
(3) These Terms of Use apply to registered users as well as to non-registered users who create, manage, share or use a Meenit question through an admin link. In connection with the use, the user is informed of these Terms of Use and the Privacy Policy.

§ 2 Subject of the Contract

(1) These Terms of Use govern the user's temporary use of the contractual standard software in the version which is current at the time of the conclusion of the contract.
(2) The software is provided by the provider as SaaS or as a cloud solution. For the duration of the contract, the user may use the software, which is stored on the servers or the provider or a third party authorized by the provider and which can be executed if there is an internet connection.
(3) Use of the software is intended exclusively for users acting as entrepreneurs within the meaning of § 14 BGB or on behalf of an organization.

§ 3 Conclusion of the Contract, Term

(1) The contract is concluded when the user creates a Meenit question, registers a user account or otherwise uses the software. The user can take note of these Terms of Use and the Privacy Policy in that process.
(2) Non-registered users can manage individual Meenit questions through the admin link provided to them. Registered users can manage several Meenit questions in one user account and receive access to additional features to the extent these are currently offered.
(3) The contract is concluded for an indefinite term. Registered users may terminate the contract at any time by deleting their Meenit account. Non-registered users may terminate the contract relating to the respective Meenit question at any time by deleting that Meenit question. In addition, either party may terminate the contract at any time without stating reasons in text form. The right to terminate for cause remains unaffected.
(4) Cause for termination by the provider exists in particular if the user breaches these Terms of Use, statutory provisions or third-party rights, misuses the software or provides false information.

§ 4 Free Use

(1) Use of Meenit is currently free of charge.
(2) Certain features may require registration and the creation of a user account. These features are also currently provided free of charge unless expressly agreed otherwise.
(3) The user has no claim to permanent free provision, to specific features or to a specific scope of features.
(4) The provider reserves the right to offer paid add-on features or service packages in the future. Such paid services require a separate agreement before they are used.

§ 5 Availability of the Software, Force Majeure

(1) The provider endeavors to make the software available with as little interruption as possible. The user has no claim to a specific availability, uptime or uninterrupted operation. The provider does not owe the data connection between the user's IT systems and the provider's servers.
(2) The provider may temporarily limit or block altogether the use of the page, in particular for maintenance and improvement as well as for other reasons required by the provider's or the software's operation. If possible, the provider will consider the reasonable interests of the user (for example in determining maintenance times). In the case of immediate malfunctions, the provider may also address malfunctions during regular business hours.
(3) The user shall report lack of functionality or malfunctions to the provider as soon and as detailed as possible.
(4) If the provider is unable to provide the services due to force majeure, the provider's obligation to provide the services will rest for as long as the impediment to the performance lasts.

§ 6 Provision of Services, Support

(1) The user may receive help for using the software from the provider (support). The user may contact the provider in writing electronically by e-mail if the user has questions about the use and the features of the software that are not answered by the tutorials.
(2) The user is only entitled to support services currently offered by the provider.
(3) The provider may make the provision of support dependent on the user's authentication.
(4) Support is offered in German or English.

§ 7 Updates

(1) The provider will keep developing the software and its services further. Improvements and updates of the standard software in line with the current features and in compliance with changed legal and technological requirements will be provided to the user automatically and voluntarily as part of the contract.
(2) The user is not entitled to certain improvements (unless the software is or becomes defective) or a certain timeline of measures.
(3) The user is not entitled to further development of additional features. The provider may change, expand, restrict or discontinue individual features to the extent this is reasonable for the user.
(4) The provider secures the user's data on the server for which the provider is responsible and also regularly on an external back-up server.
(5) Registered users can export their responses at any time for backup purposes.

§ 8 Illegal Use

(1) The user may not use the cloud software excessively or in a spamming manner. The user must take all precautions to rule out illegal, spamming or otherwise excessive use.
(2) The user is not allowed to use or infect the software or the server, on which the software is run, with malware (viruses, worms or Trojan horses etc.) or to permit such type of use negligently.
(3) Unless explicitly agreed, the user is not allowed to pass on, sublease, sublicense or otherwise resell the software.

§ 9 User's Obligations, Cooperation

(1) The user has to provide full and true information that is required for use of the software. This includes in particular name, e-mail address and, where requested, information about the company or organization. If the user provides false information, the provider may immediately terminate the contract for cause.
(2) The user must keep the information up to date and inform the provider of any changes without delay.
(3) The user creates his own access data by registering to the platform. The access data serves the purpose of ruling out that unauthorized people use the hosted software. The access data are to be protected against unauthorized access by third parties and have to be changed from time to time for security purposes. The user may only digitally store the user ID and the passwords in encrypted form.
(4) If the access data are entered incorrectly repeatedly, access may be blocked for the protection of the user. The user has the option to reset a forgotten password at any time.
(5) The user has to inform the provider without delay as soon as the user gains knowledge of third parties having access to the user's access data or if they have otherwise gained access to the user profile. If the user fails to notify the provider without delay, the user must compensate the provider for resulting losses.

§ 10 Warranty

(1) The software is provided free of charge and in its current version from time to time. The provider gives no warranty that the software will be uninterrupted, error-free, complete or suitable for specific purposes of the user.
(2) The provider's potential strict liability pursuant to § 536a BGB for initial defects is waived.
(3) The user has no claims for defects if the software is not working properly because the user is not using it under intended conditions of use or otherwise in violation of § 8 of this contract or if the user has negatively altered the software himself or through third parties.
(4) The user should report potential defects in detail and in a comprehensible way. The user should in particular detail the steps that led to the defect, the way the defect materializes as well as the defect's effects.
(5) The provider endeavors to fix errors that become known to it within the scope of its possibilities. There is no claim to remedy within a specific period.
(6) The user has to support the provider in the course of the remedy, insofar as reasonable.

§ 11 Provider's Copyright, Licenses

(1) For the duration of use, the provider grants the user the non-exclusive, non-transferable and non-sublicensable right to use the contractual software as intended.
(2) Unless permitted by law, the user is not allowed to
- translate, amend, mix or otherwise change the software; this extends to the documentation, too,
- imitate or reverse engineer the software,
- to copy the software or the documentation, unless this is necessary for the intended use,
- to remove to change or to render illegible the provider's trademark, copyright or other intellectual property right signs affixed to the software (3) The user's data collected, processed and generated by the software will be stored on the provider's servers. The user remains the sole owner of the data. Insofar, the provider is only a processor of personal data.

§ 12 Data Protection

(1) For the contract, contractual data are collected in accordance with Art. 6 para. 1 (b) GDPR (for example name, e-mail address, user account information, created Meenit questions, possibly also features used and all other electronically or for the purpose of storage transmitted data, which are required for the performance of the contract), insofar as they are required for the conclusion, negotiation or amendment of this contract.
(2) The contractual data will only be passed on to third parties insofar as it is necessary to perform the contract (in accordance with Art. 6 para. 1 (b) GDPR), for the overwhelming interest in an effective performance (in accordance with Art. 6 para. 1 (f) GDPR) or if consent has been given (in accordance with Art. 6 para. 1 (a) GDPR) or if there is another statutory permission. The data will not be passed on to a country outside of the EU, unless the EU Commission has determined a similar level of data protection as in the EU, consent has been provided or standard contractual provisions have been agreed with the third-party provider.
(3) Concerned individuals may at any time and free of charge request information about the personal data stored about them. They may at any time request that incorrect data be corrected (also by way of adding information) as well as the limitation of the processing of their data, or even the deletion of their data. This applies in particular if the reason for the data processing no longer exists, if a required consent has been withdrawn and there is no other legal basis, or if the data processing is illegal. The personal data will then be corrected, blocked or deleted without delay and according to statutory requirements. It is always possible to withdraw the consent for the processing of personal data which had been given previously. This may be done without any formal requirements, for example by e-mail. The withdrawal has no effect on the legality of the data processing carried out up to that point. There is a right to request the transfer of the contractual data in machine-readable form. In the case of a suspected violation of rights by the data processing, a complaint may be filed with the competent supervisory authority.
(4) The data will generally only remain stored as long as the purpose of the respective data processing calls for it. Storage beyond that time is possible if it is necessary to pursue legal claims or for legitimate interests or in cases of a statutory obligation to store the data for longer (for example tax-law requirements to maintain records, statute of limitations).
(5) The user allows the provider to copy the data provided by the user if this is necessary to provide the services under this contract. The provider may also store the data on a back-up system or in a separate back-up data centre. To deal with malfunctions, the provider may also change the structure of the data or the data format.

§ 13 Jurisdiction, Applicable Law, Severability

(1) The place of performance is at the registered office of the provider.
(2) For all current and future claims from the business relationship with a user, who is a business person within the meaning of § 14 BGB, the courts at the provider's registered business address have sole jurisdiction. The same jurisdiction applies if the user has no domestic place of general jurisdiction, if the user moves or changes the business registration out of the country after the conclusion of the contract of if the user's residence or habitual residence is unknown at the time of filing a lawsuit. But the provider may also sue the user at the user's place of business or at any other competent jurisdiction at any time.
(3) All contractual relations between the parties are governed by German law exclusively.