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Scope
These Terms and Conditions apply to all contracts between FMD Labs GmbH, Ernst-Haeckel-Platz 5/6, 07745 Jena, registered with the Commercial Register at the Local Court of Jena, HRB 523255, represented by its management – hereinafter referred to as the "Provider" – and its customers ("Customer") regarding the use of the web-based SaaS service viral.app.
Subject of the Contract
The Provider grants the Customer access to the web application viral.app via the internet as a Software-as-a-Service (SaaS) solution. Use is limited to browser-based access.
Conclusion of the Contract
The contract is concluded when the Customer registers on the viral.app platform and the Provider confirms the registration. Alternatively, a written contract may be concluded.
Services Provided by the Provider
- Provision of the current version of viral.app
- Storage of Customer-entered data
- Internet access to the platform at all times, except during planned maintenance
- Technical support as per the selected subscription plan
The Provider reserves the right to further develop the software functionally and technically, provided that the changes are reasonable for the Customer.
Customer Obligations
- Provide accurate information during registration
- Keep login credentials confidential
- Use the software only within the agreed scope
- Avoid illegal content or actions on the platform
Usage Rights
The Customer receives a non-exclusive, non-transferable, and non-sublicensable right to use viral.app for the duration of the contract.
Fees
The use of viral.app is subject to a recurring fee according to the selected subscription plan. All prices are exclusive of statutory VAT.
Payment Terms
Billing is done monthly or annually in advance via the payment methods provided by the Provider. Access to the software may be suspended in the event of payment default.
Contract Duration and Termination
The contract is concluded for an indefinite period. Both parties may terminate the contract at any time without notice. Termination may be made in text form (e.g., by email).
Availability and Liability
- The Provider ensures an average software availability of 99% per year.
- In cases of slight negligence, the Provider is only liable for breaches of essential contractual obligations (cardinal obligations).
- Liability is limited to typical, foreseeable damages.
- The Provider is not liable for data loss if the Customer has not fulfilled the obligation to back up data regularly.
Data Protection
The Provider processes personal data in accordance with applicable data protection laws. For details, please refer to the Privacy Policy.
Changes to the Terms
The Provider reserves the right to change these Terms and Conditions with future effect. Changes will be communicated to the Customer at least 30 days before they take effect via email. If the Customer does not object within this period, the changes are deemed accepted.
Final Provisions
- German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- The place of jurisdiction is Jena, if the Customer is a merchant.
- If any provision of these Terms is or becomes invalid, the validity of the remaining provisions shall not be affected.
