Section 1 Scope
These General Terms and Conditions (hereinafter the "GTC") apply to all contracts between dkisoft - Daniel Kielmann (hereinafter the "Provider") and commercial customers, in particular funeral homes and workshops (hereinafter the "Customer"), concerning the use of the Abdruck-Digital platform. These GTC are directed exclusively at entrepreneurs within the meaning of section 14 of the German Civil Code (BGB).
Section 2 Subject matter of the contract
The Provider makes available to the Customer a web-based software platform with which funeral homes can capture, review, approve and transmit fingerprint images to selected partner workshops for the manufacture of memorial jewellery. A specific level of platform availability is pursued within the scope of what is technically feasible.
Section 3 Registration and conclusion of contract
Registration is reserved for businesses. A usage contract between the Customer and the Provider comes into effect upon completion of registration. The Customer warrants that all data provided is accurate and that they are authorised to represent the company.
Section 4 Scope of services
- Provision of the platform as software as a service (SaaS)
- Tenant-separated storage of orders and image material
- Transmission of approved order data to the partner workshop selected by the Customer
- Technical support by email during customary business hours
The Provider is not a contracting party to the contracts for work concerning memorial jewellery concluded between the Customer and the workshop. In particular, the Provider assumes no warranty for products manufactured by the partner workshop.
Section 5 Obligations of the Customer
- Keeping access credentials confidential and enabling two-factor authentication
- Obtaining all required consents from family members prior to upload
- Providing truthful information regarding the data of the deceased and the order reference
- Complying with applicable law, in particular data protection and personality rights
Section 6 Remuneration
Registration and basic use of the platform are free of charge. Billing is usage-based per approved order in accordance with the price list applicable at the time, which is disclosed to the Customer prior to conclusion of the contract or prior to the use of chargeable services. All prices are exclusive of statutory value added tax.
Section 7 Availability
The Provider aims for an average platform availability of 99% on an annual basis. Announced maintenance windows and downtime for which the Provider is not responsible (force majeure, outages at upstream suppliers) are excluded from this figure. No guarantees of availability are given.
Section 8 Data protection and commissioned processing
The Provider processes personal data on behalf of the Customer within the meaning of Article 28 GDPR. To this end, the parties conclude a separate data processing agreement (DPA), which forms part of this contract. In all other respects, the privacy policy applies.
Section 9 Liability
The Provider is liable without limitation for intent and gross negligence, as well as for damage arising from injury to life, body or health. In cases of slight negligence, the Provider is liable only for breaches of material contractual obligations and only up to the foreseeable damage typical for this type of contract. Liability under the German Product Liability Act remains unaffected.
Section 10 Contract term and termination
The usage contract is concluded for an indefinite period and may be terminated by either party at any time in text form with 30 days' notice to the end of the month. The right to extraordinary termination for good cause remains unaffected.
Section 11 Amendments to these GTC
The Provider is entitled to amend these GTC with future effect. The Customer will be informed of any amendments in text form at least 30 days before they take effect. If the Customer does not object within this period, the amendments are deemed accepted. In the event of an objection, both parties are entitled to terminate the contract.
Section 12 Final provisions
The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the place of jurisdiction for all disputes is the Provider's registered office. Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected.