Terms of Use solutePush Web/App Sending Service

(As of: Karlsruhe, 25.06.2020)

1. General information on solutePush

These Terms of Use govern the provision of the services by solutePush and the use of these services by its customers.

solutePush is a service offered by solute GmbH, Zeppelinstr. 15, 76185 Karlsruhe („solutePush“).

Together with the brands soluteMail, solutePush and billiger.de, solute is a leading service provider in the field of

e-commerce and dialogue marketing and offers innovative solutions in the field of media marketing of products.

Access to and use of the services offered takes place by logging in to a website.

On request, the service can be provided as a white-label solution in the look&feel of the customer.

2. Changes to the Terms of Use

solutePush reserves the right to amend these Terms of Use at any time, also with effect for contractual relationships which already exist. solutePush will notify its customers of such changes at least 30 calendar days prior to the time when the planned changes are intended to take effect. If the customer does not object within 30 days of receipt of the notification and continues to use the services after expiry of the objection period, the amendments will be deemed to have been validly agreed on expiry of the objection period.

3. Registration right

3.1.
Use of the services provided by way of solutePush requires registration as a customer. The customer receives access (log-in) to the protected area by providing the necessary log-in data.

3.2.
There is no right to use the service. The service provider has a right to reject registration requests withoutgiving reasons. solutePush does not, in particular, accept customers who operate websites in the field of adult entertainment and/or pornography, in the field of radical political or religious beliefs or in other non-serious fields (spam pages, etc.) or those which violate youth protection regulations, data protection laws and/or other laws. Registration is only permitted if the customer is of age and has unlimited legal capacity. Minors are not allowed to register. In the case of a legal person, the application must be made by a natural person with unlimited legal capacity and unlimited rights of representation. solutePush reserves the right to request corresponding proof.

3.3.
The contact data and other information requested by solutePush during the registration process must be provided in full and correctly by the customer. When registering as a legal person, the natural person entitled to represent it must also be indicated. Once all the requested data of the customer have been provided, solutePush checks the data for completeness and plausibility. If the information is correct from the point of view of solutePush and there are no other concerns, the customer receives an email with a link to confirm the registration. Confirmation of the

3.4.
IDuring the registration process, the customer must provide a user name and a password. With this data, the customer can log in to the website after access has been activated. It is the responsibility of the customer to keep the access data including the password confidential, not to make them accessible to unauthorised third parties and to take further precautions to guard against data loss. It is also the responsibility of the customer to ensure that the access and use of the available services is carried out exclusively by the customer or by the persons authorised by it. If it is possible that unauthorised third parties have acquired or will acquire knowledge of the access data, solutePush must be informed without undue delay. The customer has a duty to keep its data (including its contact details) up-to-date. If the data provided change during the period of use of the service, the customer must immediately correct the data in its personal settings.

4. Commencement of use/termination/blocking

4.1.
Contractual term

a. The contractual term for the web sending service begins on registration in the log-in area and a 30-day test phase.

b. The contractual term for the app sending service begins on registration in the log-in area and is concluded for an indefinite term. Use of the service incurs a fee from the beginning of the contractual term.

4.2.
The web sending service test phase ends automatically without termination being necessary. During this test phase, the customer has the right to terminate the contract without notice at any time. If the customer does not make use of its special right of termination, after the end of the test phase the customer will automatically be moved over to the paid service. In exceptional cases, the test phase may be extended. There is no right to this.

4.3.
The payment models are for an unlimited term and can be terminated by the customer with a notice period of 2 months to the end of a month. Termination must be in writing (letter or fax) or by email.

4.4.
When the termination takes effect, the contractual relationship comes to an end and the customer may no longer make use of its access and the service. solutePush reserves the right to block the user name and the password from when termination takes effect.

4.5.
solutePush has a right to terminate the contractual relationship with notice without giving reasons observing a period of 2 months to the end of the month..

4.6.
The right of termination without notice for good cause remains unaffected.

4.7.
solutePush has a right to temporarily or permanently block access to its services if there are concrete indications that the customer has breached these Terms of Use and/or the applicable law, or if solutePush has another legitimate interest in blocking access (e.g. in case of a delay with payment/reversed direct debits, etc.). When deciding whether to block access, the service provider will take due account of the legitimate interests of the customer. In the case of a temporary or permanent block, solutePush will block the services and notify the customer of this by email

4.8.
In the case of a temporary block, solutePush will reactivate the services after expiry of the blocking period and notify the customer of this by email. Permanently blocked rights of use cannot be reactivated. Permanently blocked customers are permanently excluded from using the services of solutePush and may not register again.

5. Services offered and availability

5.1
solutePush provides its customers with different services for their use depending on the model chosen. solutePush offers a choice of different payment models. Registration and use of the 30-day test phase (web push) is free of charge. The paid models offer a significantly larger range of services in return for a monthly fee for use. The fee for use currently payable for the paid models can be found in the respective valid price list. Set-up and support entails coordinated collaboration between the customer, its app manufacturer and solute GmbH and its technology provider.

5.2.
solutePush currently provides the customer with a defined storage space on a US server for storage of the data, in compliance with the terms of the EU-US Privacy Shield Regulation. Up to 5 GB are offered free of charge. In addition, each additional 2.5 GB costs EUR 10 per month.

5.3.
The data are stored for up to 13 months as standard. If data storage is required for more than 13 months, this is possible on request and a corresponding price for this can be agreed.

5.4.
The content and scope of the services are determined in accordance with the respective contractual agreements. The functionalities depend on the requirements currently available on the website solute.de. For all services, solutePush guarantees monthly availability of 99 % 24 hours per day 365 days per year within its area of responsibility. Moreover, there is a right to use the services only within the framework of what solutePush is able to provide from a technical and operational point of view. solutePush endeavours to ensure that its services can be used with as few interruptions as possible. However, technical problems (such as power interruption, hardware and software errors, technical problems on the data lines) can cause temporary restrictions or interruptions. Our service hours are weekdays (Mon-Fri) from 9 a.m. to 5 p.m. When an error is reported, the response time can be up to 36 hours. Support requests are charged at an hourly rate of EUR 105/hour (the smallest billable unit is 15 minutes). solutePush has the right to change the free services offered on the website at any time, to make new services available for free or for a fee and to cease to provide free services. solutePush will take account of the legitimate interests of the customer in each case in this respect.

6. Scope of permitted use

6.1.
The customer itself is responsible for ensuring that it meets all of the technical requirements necessary within its area of responsibility in order to be able to use the services as provided for by the contract. The customer is fully responsible for the content and use of the service itself. In particular, there may be licensing obligations and/or the use of the services or related technologies may be subject to restrictions abroad.

6.2.
When using the services, the customer must comply with the Terms of Use, the services in accordance with the Terms of Use, all documentation and guidelines that we provide it with, and comply with the applicable local, state, national and foreign laws, including those relating to data protection, the EU-US Privacy Shield Regulation and intellectual property.

7. Rights of use

7.1.
solutePush grants the customer (on the condition that the contractually-owed fee has been paid in full) the nonexclusive 
right, limited in time to the term of this contract, to use the service provided to send push messages. The user authorisation always refers only to the latest version of the service provided which can be reached via the log-in area.

7.2.
The customer is not entitled to reproduce the service provided for types of use other than the types of use mentioned. The customer is not entitled to provide the access data with which it has been provided or the service itself to third parties. In particular, it is not permitted to sell, lend, lease or otherwise sublicense the access data or the service, or to reproduce these or make them publicly available.

8. Use of paid services/payment methods

8.1.
Use of the services available within the scope of the paid services is covered by the monthly fee for use. Thecustomer can directly arrange for the paid service to be provided by clicking on the corresponding button.

8.2.
Since use of the service cannot be reversed and return is not possible in such a way that the customer is no longer able to use it after it has been returned, the customer is not entitled to a right of cancellation with regard to the use of paid services.

8.3.
All fees listed include the respective statutory value added tax at the rate currently applicable.

8.4.
The fee for the paid services used by the customer is charged to the customer in the framework of the registration or before using the service by invoice or direct debit. After registration, the service is set up and provided. A tailor-made service will be made available to the customer for provision, set-up and training. Depending on the offer, additional costs may therefore arise (see subsection 8.4.). In the first month (max. 30-day test phase) the service is free of charge. At the end of the month, the number of subscribers the customer has included in the service is measured. On the basis of this measurement, the customer is allocated to the appropriate category and receives an invoice/direct debit for the following month. This measurement procedure is carried out at the end of each month. Depending on the results of the measurement, the customer is upgraded or downgraded to the next suitable category, as necessary.

8.5.
Geo-specific services based on geofences and beacons are set up on the basis of a separate offer. The creation and setting up of beacons is also based on this separate offer. The customer will be charged for set-up and provision costs by way of a separate invoice.

8.6.
The customer will receive a monthly statement of the services used by email. If payment by invoice has been agreed, it must be paid within 15 days of receipt of the invoice

9. Limitation of liability for free services

Should the customer suffer a loss as a result of using the free services provided on the portal, solutePush will only be liable if the loss has arisen as a result of contractual use of the free services, and only in cases of intent (including malicious intent) and gross negligence on the part of solutePush.

10. Limitation of liability for paid services

In the context of the use of paid services solutePush will be liable in accordance with the following provisions:

10.1.
solutePush will be liable without limitation for losses caused by solutePush or its statutory representatives, key employees or its vicarious agents with intent or gross negligence.

10.2.
In cases of slightly negligent breaches of what are only minor contractual obligations solutePush will not be liable. solutePush‘s liability for losses caused by slight negligence will be limited to losses which must be typically expected in the framework of the respective contractual relationship (losses foreseeable for the type of contract) and where the breach is a breach of a material contractual obligation. This also applies to slightly negligent breaches of duty by the statutory representatives, key employees or vicarious agents of solutePush.

10.3.
This limitation of liability does not apply in cases of malicious intent, physical or personal injuries, breaches of warranties or to claims arising from product liability.

11. Applicable law

These Terms of Use are subject to the law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12. Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and solutePush will be Karlsruhe.

13. Settlement of disputes

European Commission platform on online dispute settlement (OS) for consumers: http://ec.europa.eu/consumers/odr/ We are not prepared and not obliged to take part in dispute settlement procedures before a consumer settlement body.

14. Severability clause

Should a provision in these Terms of Use be or become invalid, this will not affect the validity of the other provisions. In place of the invalid provision, a valid provision will be deemed agreed which reflects, as closely as possible, the economic intention of the parties.

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