Legal
Terms and conditions (AGB)
Draft usage and contract terms for EVBINOS software and SaaS products for business customers.
1. Provider and scope
The provider is Evangelos Binos, Hintergasse 23, 65239 Hochheim am Main, Germany (sole proprietorship, brand EVBINOS; see Legal notice). These terms apply to the use of EVBINOS software and SaaS offerings by businesses within the meaning of § 14 of the German Civil Code (BGB).
REQUIRES CONFIGURATION / REVIEW: decide whether consumers can also be contracting parties. If so, additional consumer-protection rules (e.g. withdrawal, information duties) are required.
2. Scope of services
The nature and scope of the services follow from the respective product description and the order or offer. Products marked “coming soon” are not yet subject matter of the contract. Descriptions on the website are not warranted characteristics.
3. Account and access
An account may be required for use. Information given at registration must be accurate. Access credentials must be kept confidential; suspected misuse must be reported without delay.
4. Subscription
Products are offered as paid subscriptions. Their price, scope and billing period are as stated in the product description at the time of ordering. REQUIRES CONFIGURATION / REVIEW: define term, renewal and cancellation of paid subscriptions.
5. Prices and payment
The prices shown at the time of ordering apply. Unless stated otherwise, all prices exclude statutory value-added tax. REQUIRES CONFIGURATION / REVIEW: define payment methods, due dates, invoicing and default rules.
6. Permitted use
The services may only be used lawfully. In particular, sending unlawful or unsolicited messages, infringing third-party rights, attacking the systems and circumventing technical safeguards are prohibited.
7. Availability
We aim for the most uninterrupted availability possible but do not owe a particular availability unless expressly agreed. Maintenance work may cause short interruptions. REQUIRES CONFIGURATION / REVIEW: define an availability target and maintenance windows, if any.
8. Customer responsibilities
The customer is responsible for the lawfulness of the content and contact data entered by them and for having the consents and legal bases required to contact their recipients. The customer backs up their data at their own responsibility unless a backup has been agreed.
9. Data protection
The privacy policy applies to the website. Where EVBINOS processes personal data on behalf of the customer, a data processing agreement under Art. 28 GDPR is concluded (DPA (AVV)); subprocessors used are listed under Subprocessors.
10. Term and termination
The right to terminate for good cause remains unaffected. REQUIRES CONFIGURATION / REVIEW: define ordinary notice periods, contract terms, and data export and deletion after the end of the contract.
11. Liability
The statutory liability rules apply. A limitation of liability is possible only to the extent legally permitted. REQUIRES CONFIGURATION / REVIEW: have the liability clauses defined through a legal review.
12. Changes to the terms
We may amend these terms with effect for the future where this is necessary for objective reasons. Changes are notified to the customer in good time. REQUIRES CONFIGURATION / REVIEW: define the amendment mechanism (notice period, right to object).
13. Governing law and jurisdiction
The law of the Federal Republic of Germany applies. REQUIRES CONFIGURATION / REVIEW: review exclusion of the UN Sales Convention and the place of jurisdiction for businesses; mandatory consumer-protection provisions remain unaffected.