General Terms and Conditions for the Use of our SaaS Services
1. Scope of application and contract language
(1) The present terms and conditions shall apply to the contracts concluded between you as an entrepreneur (hereinafter referred to as customer) and us, the sole proprietorship Jacob Siefer, Hansaallee 78, 60323 Frankfurt am Main, Germany USt-IdNr. DE 317 949 066 (hereinafter referred to as provider) (imprint / legal notice) via this platform, unless otherwise expressly agreed in writing between you and us. Deviating or conflicting conditions will not be recognised by us unless we have expressly agreed to them.
(2) The customer will be informed of any changes to these terms and conditions in writing, by fax or by e-mail. If you do not object to a change within four weeks of receipt of the notification, the changes shall be deemed accepted by you. The right of objection and the legal consequences of silence will be indicated to you separately in case of a change of the terms and conditions.
(3) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
2. Subject matter of the contract
(1) The provider shall provide the customer with SaaS services via the medium of the Internet in the area of business software.
(2) The subject matter of the contract is
(a) the provision of the provider's "typeset.sh" software (hereinafter referred to as "SOFTWARE") for use via the Internet; and
(b) the allocation of storage space on the provider's servers.
(3) The provider is permitted to include subcontractors in the allocation of storage space. The use of subcontractors does not release the provider from its sole obligation to the customer to fully perform the contract.
3. Software license
(1) For the duration of this contract, the provider shall make the current version of the SOFTWARE available to the customer via the Internet in accordance with the booked function. For this purpose, the provider shall set up the SOFTWARE on a server that is accessible to the customer via the Internet.
(2) The current functional scope of the SOFTWARE results from its current description of services, which is available on the provider's website at typeset.sh/documentation.
(3) The Provider shall immediately remediate all software errors in accordance with the technical possibilities. An error exists if the SOFTWARE does not fulfil the functions specified in the service description, delivers faulty results or otherwise does not function properly, so that the use of the SOFTWARE is impossible or limited.
(4) The provider continuously develops the SOFTWARE and will improve it through ongoing updates and upgrades.
4. Rights of use of the SOFTWARE
(1) The provider grants the customer a simple, non-exclusive and non-transferable right to use the SOFTWARE described in this contract for the duration of the contract within the framework of the SaaS services as intended.
(2) The customer may only process the SOFTWARE as far as this is covered by the intended use of the SOFTWARE according to the current service description.
(3) The customer may only reproduce the SOFTWARE as far as this is covered by the intended use of the SOFTWARE according to the current performance description. The necessary duplication includes loading the SOFTWARE into the working storage on the provider's server, but not the temporary installation or storage of the SOFTWARE on data carriers (such as hard disks or similar) of the hardware used by the customer.
(4) The customer is not entitled to make the SOFTWARE available to third parties for use against payment or free of charge. The customer is therefore expressly not permitted to sublet the SOFTWARE.
5. Allocation of storage space
(1) The provider provides the customer with a defined storage space on a server for the intermediate storage of external resources (e.g. images, style sheets, fonts, etc.). You can view the technical specification under typeset.sh/documentation/api. If the cached files are no longer used, they will be deleted automatically after approx. 14 days.
(2) The customer undertakes not to store any contents on the storage space whose provision, publication or use violates applicable law or agreements with third parties.
(3) In any case, the customer remains the only authorized person of the data.
(4) Upon termination of the contractual relationship, all data stored on the storage space will be deleted by the Provider.
6. Registration as customer
(1) The customer must register in order to use the SOFTWARE. Registration is free of charge. There is no right to admission. Only persons with unlimited legal capacity are eligible. At the provider's request, the customer must send a copy of the identity card or provide his VAT ID number and document his registration. For admission, the customer electronically fills out the existing registration form and e-mails it to the provider by pressing the "Register Now" button. The data required for the registration must be provided in full. The customer sets a password with the registration. The customer is obliged to keep the password, as well as API and Access Tokens, secret and not to disclose this to third parties under any circumstances.
(2) The customer can delete his details at any time under "My Profile". If the customer's personal details change, the customer is responsible for updating them. All changes can be made online under "My Profile” after registration.
7. Conclusion of contract
(1) The presentation of the services on the provider's website does not constitute a legally binding offer, but an invitation to book (invitatio ad offerendum).
(2) If a free service is requested by the customer, the contract is concluded by the registration to use the platform. The customer, immediately after sending the registration by clicking the "Sign me up for free now" button, receives an order confirmation, which does not yet constitute an acceptance of the contractual offer. A contract between the customer and the provider is concluded once the booking is accepted by a separate e-mail.
(3) If the customer wishes to purchase a chargeable service, the customer will be redirected to www.paddle.com. The contract is then concluded exclusively with your contractual partner www.paddle.com and at the conditions there provided.
8. Correction notice
During the registration process the customer can change his details at any time. Before the booking is completed, an overview page opens where the customer can check his details. He can correct his input errors by clicking on "Edit" in the respective field. If he wants to cancel the order process completely, he can also simply close his browser window. Otherwise, after clicking the "Sign me up for free now" button, his declaration becomes binding in the sense of Section 7 Paragraph 2 of these GTC.
9. Storage of the contract text
The contractual provisions with details of the booked services including these General Terms and Conditions will be sent to the customer by e-mail with acceptance of the contractual offer or with notification thereof. The provider does not store the contractual provisions.
10. Support
(1) For questions regarding the contractual software, the provider is available on weekdays from 9 am to 6 pm by email at or via the form provided at https://typeset.sh/contact.
(2) The inquiries will be answered after receipt, by text per email.
11. Interruption/impairment of accessibility
(1) Adjustments, changes and additions to the SaaS services covered by the contract as well as measures which serve to identify and remedy malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
(2) The basic functions of the SaaS services are monitored on a daily basis. The availability of the agreed services shall be 98.5 % on an annual average, including maintenance work.
12. Obligations of the customer
(1) The customer undertakes not to use any unlawful resources/contents that violate the laws, official requirements or rights of third parties.
(2) The customer is obliged to prevent unauthorized access by third parties to the protected areas of the SOFTWARE by taking appropriate precautions. For this purpose, the customer shall, as far as necessary, inform his employees of compliance with the copyright.
(3) Irrespective of the provider's obligation to back up data, the customer himself shall be responsible for entering and maintaining his data and information necessary to use the SaaS services.
(4) The customer is obliged to check his data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
(5) The customer must register for access to the use of the SaaS services in accordance with Section 6 of these General Terms and Conditions and generate a password himself, which is required for the use of the SaaS services.
(6) The external integrated content used by the customer may be protected by copyright and data protection laws. The customer hereby grants the provider the right to make the contents stored on the server accessible to the customer via the Internet at his request, in particular, to reproduce and transmit them for this purpose.
13. Liability for defects/Liability
(1) In the event that services of the provider are used by unauthorized third parties using the customer's access data, the customer shall be liable for any resulting fees within the scope of civil liability until receipt of the customer's order to change the access data or report of loss or theft, insofar as the customer is at fault for the access of the unauthorized third party.
(2) The provider is entitled to immediately block access if there are reasonable suspicions that the temporarily stored contents are illegal and/or violate the rights of third parties. A well-founded suspicion of illegality and/or a violation of rights exists in particular if courts, authorities and/or other third parties inform the provider thereof. The provider must inform the customer immediately of the block and the reason for it. The block must be lifted as soon as the suspicion is invalidated.
(3) Claims for damages against the provider are excluded regardless of the legal grounds, unless the provider, its legal representatives or vicarious agents have acted intentionally or grossly negligently. The Provider shall only be liable for slight negligence if one of the essential contractual obligations has been breached by the Provider, its legal representatives or executives or vicarious agents. The provider shall only be liable for foreseeable damages, the occurrence of which must typically be expected. Essential contractual obligations are those obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfilment of which the customer may rely.
(5) The provider is not liable for the loss of data insofar as the damage is due to the fact that the customer has failed to carry out data backups and thereby ensure that lost data can be restored with reasonable effort.
(6) The provider is liable without limitation for damages caused intentionally or negligently from injury to life, body or health by the provider, its legal representatives or vicarious agents.
14. Applicable law, jurisdiction, miscellaneous
(1) German law shall apply to this contract to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If one of the parties does not have a general place of jurisdiction in Germany at the time the complaint is filed, the exclusive place of jurisdiction for all disputes between the parties arising directly or indirectly from this contract is Frankfurt am Main.
(3) Should any provision of this contract be or become invalid, this shall not affect the validity of the rest of the contract. The invalid provision shall be deemed replaced by a valid provision which comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of a contractual gap.
