1. Applicable conditions
These terms and conditions apply to contractual relationships with regard to the SaaS service Moqhub, hereinafter referred to as software, between the customer and Moqlabs UG, hereinafter referred to as "Moqlabs". The terms and conditions shall also apply if they are not mentioned in subsequent contracts. The term "Service" covers the contractual relationship regardless of the type of contract. The software is operated by Moqlabs as a web-based cloud solution. During the term of this Agreement, the Customer shall be enabled to use the Software stored and running on the servers of the Provider or of a service provider commissioned by the Provider for its own purposes via an Internet connection and to store and process its data with their help. These terms and conditions shall also apply to any deviating terms and conditions of the customer, unless Moqlabs accepts them in writing. Individual agreements as well as collateral agreements and supplements shall take precedence over the terms and conditions, provided that they have been recorded in writing.
2. conclusion of contract
In order to use the software, the customer must register on the Moqlabs website with their contact, address and payment details. By registering, the customer makes a binding offer to conclude the contract under the conditions specified in the registration. Moqlabs checks the customers registration and confirms the conclusion of the contract by e-mail. The contract shall then be deemed concluded.
3. Note on the right of withdrawal for consumers
In the following we give you the legally provided revocation instruction for consumers (please note that entrepreneurs in the sense of § 14 BGB no right of revocation is granted): Cancellation policy (for consumers) right of withdrawal As a consumer, you have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us, Moqlabs UG, represented by Mr Dennis Hansen (Howaldtstraße 14, 24118 Kiel, phone 017632866480, e-mail [email protected]
), of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period. Consequences of the revocation If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. If you have requested that the service begin during the withdrawal period, the right of withdrawal has expired. Sample withdrawal form (If you want to cancel the contract, please fill out this form and send it back) To Moqlabs UG, Howaldtstrasse 14, 24118 Kiel, Germany, e-mail [email protected]
I/we (*) hereby cancel the contract concluded by me/us (*) concerning the purchase of the following goods (*)/ - Ordered on (*)/received on (*): - Name of consumer(s): - Address of the consumer(s): - Date: (*) Delete as appropriate. End of the cancellation policy
4. terms of payment
The prices shown are final prices including VAT. The amount shown at the time of the binding order shall apply. Payment shall be made immediately after the order has been placed using the Stripe payment service (Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland). If the payment is returned without authorisation, the user is in default of payment. Moqlabs shall then be entitled to charge default interest at a rate of 5 percentage points for consumers and 10 percentage points for entrepreneurs above the base interest rate p.a. announced by the Deutsche Bundesbank at the time of the order. Insofar as Moqlabs has demonstrably incurred a higher damage caused by default, Moqlabs shall be entitled to assert this claim.
5. Duration/ Termination
The contractual relationship runs for an indefinite period of time and can be terminated by either party with one months notice to the end of the month. The right to extraordinary termination shall also remain in force.
6. Type and scope of services
Moqlabs provides the customer with the software via the Moqhub website (cloud software). To use the software, the customer therefore requires an Internet-capable terminal device, a browser installed on it and an Internet connection. The latest version of the owed software shall be made available for use at the router exit of the computer centre in which the server containing the software is located ("Transfer Point"). The customer himself is responsible for the stability of the Internet connection. For the duration of the contract, the provider grants the customer the non-exclusive, non-transferable right, limited in time to the duration of the contract of use, to load the user interface of the software for display on the screen into the main memory of the terminal devices used for this purpose in accordance with the contract and to make the resulting copies of the user interface. Due to the design of the software as cloud software, the customer is not granted any further copyrights to use the software.
7. Special duties of the user
The user must define a password to access his user account. The user account may only be used by him personally. He may not pass on the access data to third parties and must ensure that third parties do not gain unauthorised access to his user account through insecure passwords (less than 8 characters and without numbers or special characters) or through storage or other security. He is responsible for all activities in connection with his user account. The user is also responsible for updating his contractual data in his user account insofar as these change in the course of the contractual relationship.
8. Rights to data processing, data backup
The customer grants Moqlabs the right, for the purposes of executing the contract, to reproduce the data to be stored by Moqlabs for the customer, insofar as this is necessary for the provision of the services owed under this contract. Moqlabs shall also be entitled to store the data in a failure system or separate failure computer centre. In order to eliminate faults, the provider is also entitled to make changes to the structure of the data or the data format. Moqlabs regularly backs up the customers data to an external backup server on the server for which Moqlabs is responsible. The customer may store this data at any time for backup purposes and is obliged to do so at regular, customary intervals. Moqlabs does not receive any further rights of use or exploitation and, in particular, will not publish the content uploaded by the users in the software and make it accessible to third parties, insofar as this is not necessary for the purpose of the contract. Upon termination of the Contract, the Provider shall return to the Customer all documents provided by the Customer and still in the possession of the Provider, as well as data carriers in connection with the present Contract, and delete the data stored by the Provider, insofar as no storage obligations or rights exist.
9. Customer data and indemnification from claims of third parties
The customer himself is responsible for the content he loads into the software. Moqlabs does not take any notice of the content of the customer or his users and does not check the content used with the software. The customer undertakes vis-à-vis Moqlabs not to post any content or data that is liable to prosecution or otherwise illegal in absolute terms or in relation to individual third parties and not to use any programs containing viruses or other malicious software in connection with the software. In particular, he undertakes not to use the software to offer illegal services or goods. In this connection, the customer undertakes to indemnify Moqlabs against all liability and all costs, including possible and actual costs of legal proceedings, if the provider is held liable by third parties, including employees of the customer personally, as a result of alleged actions or omissions on the part of the customer. Moqlabs will inform the customer of the claim and, to the extent legally possible, give the customer the opportunity to defend against the claim. At the same time, the customer shall inform Moqlabs without delay and in full of all information available to him about the facts which are the subject of the claim. Any further claims for damages by Moqlabs shall remain unaffected.
10. Blocking of accesses
Moqlabs is entitled to temporarily or permanently block the use or access to use of the software if there are concrete indications that the customer is in breach of the terms of the contract or applicable law. The customers legitimate interests shall be adequately taken into account when deciding whether to block the service.
11. Availability and Liability
For technical reasons no uninterrupted availability of the digital contents can be guaranteed. Availability may be impaired, for example, by maintenance and security work that is regularly required, but also by unforeseen events beyond Moqlabs control. Moqlabs will, as far as possible, carry out planned work that impairs availability at times with low frequency. The display quality of digital content may also vary from device to device and depend on the speed of the users Internet connection and other factors. In this respect, Moqlabs cannot be held liable for deviations. The customer is obliged to notify the provider immediately and as precisely as possible of any functional failures, malfunctions or impairments of the software. If the customer fails to cooperate, § 536c BGB shall apply accordingly. In the event of slight negligence, Moqlabs shall only be liable in the event of breach of material contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb and health. Moqlabs shall not be liable for other damages caused by slight negligence due to a defect in the object of purchase. If damage to the customer results from the loss of data, the provider shall not be liable if the damage would have been avoided by regular and complete backup of all relevant data by the customer. The customer shall carry out a regular and complete data backup or have it carried out by a third party and shall be solely responsible for this. Irrespective of any fault on the part of Moqlabs, Moqlabs liability shall remain unaffected in the event of fraudulent concealment of the defect or the assumption of a guarantee. The personal liability of Moqlabs legal representatives, vicarious agents and employees for damages caused by slight negligence is excluded.
12. Set-off/ right of retention
The user shall only be entitled to a right of set-off if his counterclaims have been legally established or are undisputed by Moqlabs. The user shall only be entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
13. General obligations to provide information on alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act)
The European Commission provides a platform for online dispute resolution (OS) which can be found at this address: http://ec.europa.eu/consumers/odr/ . Moqlabs is not obliged or willing to participate in any dispute resolution procedure before a consumer redress body.
14. Applicable law
The agreement between you and Moqlabs is governed exclusively by the laws of the Federal Republic of Germany.
15. place of jurisdiction
If the user is an entrepreneur, the place of jurisdiction is Kiel. If the user is a consumer, the place of jurisdiction is the users place of residence. If the user does not have a residence in the Federal Republic of Germany contrary to his statements or if he moves his residence abroad after conclusion of the contract or if his residence is not known at the time of filing an action, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Kiel.
16. Severability clause, written form
Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract. The parties undertake to replace the invalid or void provision with a valid provision that comes as close as possible to the intended economic purpose. The same shall apply in the event of a loophole. Amendments or supplements to this contract must be made in writing.