General Terms and Conditions of Speechbox
Operator: Tim Teege
1 Scope of the terms and conditions
These terms and conditions apply to contracts between Tim Teege (hereinafter referred to as the "Operator") and users of the web application "Speechbox".
2 Services of the operator
The operator enables the user to use the tool "Speechbox" (Shoutbox for integration into the user's own website and chatting with visitors) free of charge via the Internet as "Software as a Service / SaaS" (hereinafter referred to as "Speechbox"). The operator makes Speechbox available for access on its own servers or on servers of a rights center in the EU. The software is made available for use via these servers and the data that is generated, collected, used and stored when using the software is stored to the agreed extent and made available for retrieval as intended via remote data access. Access to the tool and the stored data is possible at any time outside the maintenance window, unless the operator has to carry out urgent support measures or other urgent measures to maintain usability.
The software is not provided in object or source code.
The operator grants the user a simple, non-transferable right to use the "Speechbox" tool for the term of the contract.
The operator is not obliged to provide the user with documentation of the tool / user manual. The operator provides information on the basic functionalities in the tool itself and enables the user to access corresponding information, which the operator makes available online as required.
The "Speechbox" software can be used by the customer to integrate it into their own website. The operator endeavors to make this technically possible, but cannot guarantee that this will work smoothly in every website. The customer is responsible for the operation of their own website and is not entitled to any support from the operator.
The tool is made available to the user for use from the router exit of the data center operated by the operator or its service provider. The user is responsible for establishing and maintaining the data connection between the user's end device and the transfer point operated by the operator. No server availability is guaranteed, but it can be assumed that the annual availability will be above 99.9%. If, contrary to expectations, this is not the case, there are no claims for compensation.
After termination of the contract, the user will no longer be able to view the stored data in the tool.
3 Paid Premium Upgrade
Every user of "Speechbox" has the option of extending the functionalities of the software through a paid Premium Upgrade. These are functions that make using the software more attractive and easier.
Payment for this Premium Upgrade is made exclusively online via the customer menu, using the payment methods provided there, and is made in advance for a period selected by the customer.
The operator is obliged to provide the services for the entire period paid for.
Due to the advance payment, termination before the end of the period is not permitted and no pro rata refunds will be granted. Your right of withdrawal remains unaffected.
4 Changes to the tool, errors, maintenance windows, extensions to the tool
The operator is entitled to change the design of the tool. It is also entitled to adapt the structure and functionalities of the tool. The operator will inform the user of any significant changes.
If the operator is obliged to rectify errors/defects in the tool or to bring about/maintain the contractual condition of the tool, the operator reserves the right to choose the type of defect rectification.
The operator is entitled to deny access to the tool and the stored data once a week for a maximum of 2 hours (maintenance window) in order to be able to make changes to the tool or carry out other maintenance work. The operator will endeavor to keep the restrictions for the user as low as possible, e.g. to carry out the work at night.
5 Content posted by the user, notification of infringements
The user and his visitors can post texts and images in his registered "Speechbox".
The user must ensure that the content posted by him or by third parties with his consent complies with applicable law, in particular that no third-party rights are infringed.
If the operator is notified by third parties that there is illegal content (text, image, video, etc.) in the profile, the operator is entitled to temporarily block it in whole or in part. The operator will inform the user of the third party's accusation, give the user the opportunity to comment and forward this to the third party. If no clear clarification of the dispute is possible in this way, the content in question will remain blocked. The user is not entitled to post the same or similar content in the profile again.
6 Personal data of the user
If the user's data, e.g. e-mail address, changes, the user is obliged to inform the operator of the new data if this is necessary for the proper fulfillment of the contract.
7 Backup copies, archiving, deletion, backup obligations of the user
To ensure the proper operation of the tool, the operator shall make regular backups, which shall also include the content posted by the user and the data entered by the user in the tool. In addition, the operator is entitled to make copies for archiving purposes and to store them for 12 months. If the statutory provisions require longer archiving, archiving shall take place in accordance with these periods. Thereafter, the copies will be deleted or destroyed in any other form.
If the operator has a legitimate interest in partial backup/partial archiving of content beyond this, e.g. if a third party has asserted claims against the user or the operator in connection with this contract of use, the operator is entitled to maintain the partial backup/partial archiving until the legally secure conclusion of this dispute.
8 Defects of the tool, liability
If the operator fraudulently conceals a defect in the tool and/or its other services from the user, the operator is obliged to compensate the user for the resulting damage.
Otherwise, the operator shall only be liable for intent and gross negligence.
9 Contract term
The contract runs for an indefinite period and can be terminated by either party without notice. The right to terminate without notice remains unaffected.
The termination must be made by the user himself in the customer menu.
10 Choice of law, miscellaneous
German law shall apply.
The place of jurisdiction is Hamburg.
Should a provision of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected.