§1 Scope of application, subject matter of the contract
REEDR automates the reading of information from documents. A detailed description of how REEDR works, how to install it and how to use it can be found at www.reedr.app/dokumentation.
With the paid purchase, the CUSTOMER receives the technical possibility and authorisation to access REEDR, which is hosted on servers of the company Salesforce (salesforce.com) or contractual partners of Salesforce, by means of telecommunications and to use it within the scope of this contract. REEDR also allows the CUSTOMER to use selected partner technologies.
CLOUDWORX itself does not offer OCR technology. The technology required for data extraction is provided by partner companies. These partners can be found on the homepage (www.reedr.app) as well as in contract documents when using REEDR.
§2 Conclusion of contract / test version
Upon conclusion of the usage contract and installation of REEDR via the Salesforce AppExchange platform (appexchange.salesforce.com), REEDR shall initially be available to the CUSTOMER free of charge for one month for test purposes. The test phase after conclusion of the contract shall not apply if REEDR has already been downloaded as part of a test subscription and used for a period of up to 30 days.
Within the test phase (and also after conclusion of the contract; for further information see § 12), the usage contract can be terminated at any time with a simple declaration in text form (an e-mail to firstname.lastname@example.org is sufficient).
§3 Rights of use of the software
The CUSTOMER shall be granted the non-exclusive and non-transferable right to access REEDR by means of telecommunications and to use the functionalities associated with REEDR by means of a browser for the duration of the contract as intended. The current scope of the functionalities is described on the website www.reedr.app.
The CUSTOMER shall not be entitled to use REEDR beyond the use permitted under this contract, to have REEDR used by third parties against payment or free of charge or to make REEDR accessible to third parties. In particular, the CUSTOMER is not permitted to reproduce, sell or temporarily transfer REEDR or parts thereof, especially not to rent or lend it.
Persons accessing REEDR on behalf of and for the purposes of the CUSTOMER are not third parties for the purposes of this provision.
§4 Warranty / Support / Updates
CLOUDWORX warrants the functional and operational readiness of REEDR according to the provisions of this contract, in addition according to the legal regulations. In principle, the warranty only refers to the respective current version of REEDR, unless a malfunction described by the customer would also have occurred if the updates offered by CLOUDWORX had been installed.
Defects are to be reported exclusively by e-mail to email@example.com. The defect report should include a description of the defect symptoms and preferably a screenshot showing the error message. CLOUDWORX is entitled to make up to three attempts to remedy the defect within a reasonable period of time. If this is not successful even after the third attempt to remedy the defect, the CLIENT may terminate the user contract extraordinarily and with immediate effect. The CUSTOMER terminates by deactivating REEDR via his Salesforce account. A termination declared only to CLOUDWORX, in whatever form, shall only become effective when the CUSTOMER deactivates REEDR via his Salesforce account.
CLOUDWORX will provide updates of REEDR at irregular intervals in order to eliminate minor defects or to bring about system improvements. The CLIENT will be informed as soon as an update is available. The updates must be downloaded and installed independently by the CUSTOMER. Notifications of defects which are due to the fact that the CLIENT has not installed updates or has not installed them completely do not constitute an obligation on the part of CLOUDWORX to provide subsequent performance.
§5 Interruption and impairment of accessibility
The availability of REEDR is dependent on the availability of the services of Salesforce, in particular the teleservices and servers of this company.
Adjustments, changes and additions to the services that are the subject of the contract, as well as measures that serve to determine and remedy malfunctions, will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
CLOUDWORX expressly points out that it is not responsible for the quality of the customer's own Internet access.
§6 Obligations of the CUSTOMER
The CUSTOMER himself is responsible for entering and maintaining his data and information required for the use of REEDR. In particular, he shall make suitable backup copies and back up his data files in the system until the time of termination of the contract.
The CUSTOMER shall refrain from attempting to retrieve information or data himself or through unauthorised third parties without authorisation or to interfere or allow interference with programmes provided by the PROVIDER.
§7 Remuneration / due date / terms of payment
The CUSTOMER undertakes to pay CLOUDWORX for the provision of REEDR the fee shown for the billing period on the Salesforce AppExchange (appexchange.salesforce.com) plus the statutory value added tax. In the event of a price increase, the CUSTOMER may terminate the usage contract at the end of the next billing period.
The billing period is one month. The first billing period shall commence upon conclusion of the REEDR usage contract. The remuneration shall be due for payment no later than on the 3rd working day from the beginning of the respective billing period.
Payment shall be made by direct debit. For this purpose, a current billing address and a SEPA direct debit mandate are to be deposited by the customer in the REEDR customer area.
§8 Blocking of use / liability
Claims for damages against CLOUDWORX are excluded regardless of the legal ground, unless CLOUDWORX, its legal representatives or vicarious agents have acted intentionally or with gross negligence. CLOUDWORX is only liable for slight negligence if one of the essential contractual obligations has been breached by CLOUDWORX, its legal representatives, executives or vicarious agents. CLOUDWORX is only liable for foreseeable damages, which can typically be expected to occur. Material 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 CLIENT may rely. Data protection claims are expressly not covered by this liability provision.Salesforce ist kein Erfüllungsgehilfe von CLOUDWORX, sondern eigenständiger Vertragspartner des KUNDEN.
CLOUDWORX is not liable for the loss of data insofar as the damage is due to the CLIENT's failure to perform data backups and thereby ensure that lost data can be restored with reasonable effort.
Please note that REEDR uses data extraction technologies to provide information in Salesforce. Despite our best efforts, CLOUDWORX cannot guarantee that the extracted data is 100% accurate, complete or error-free. Due to technological limitations, errors, inaccuracies or omissions may occur. CLOUDWORX shall not be liable for any damage, loss or inconvenience resulting from incorrect data extractions or transmissions. It is the responsibility of the CLIENT to ensure that the extracted data is suitable and accurate for the intended purposes. We strongly recommend that CLIENTS review and, if necessary, validate extracted data before further use.
§9 Data protection and data security
Personal data of the CLIENT will be stored, processed and, if necessary, forwarded to third parties exclusively for the purpose of processing the contract.
Data which is stored, processed and/or forwarded by the CLIENT in the context of the use of REEDR will neither be stored nor processed in any other way by CLOUDWORX. The data generated with REEDR shall be backed up independently by the CLIENT, if desired. CLOUDWORX does not back up any data in this respect; no data, for example in a REEDR-internal database, will be stored or deposited within the scope of REEDR.
CLOUDWORX is not a data processor in the sense of data protection law, in particular the General Data Protection Regulation (DSGVO).
§10 Declaration of exemption
The CLIENT shall indemnify CLOUDWORX against claims for damages by third parties which are based on an illegal and culpable use of REEDR by him or which are made with his approval. This applies in particular to data protection and copyright disputes associated with the use of REEDR.
If the CLIENT recognises or must recognise that such a breach is imminent, he is obliged to inform CLOUDWORX of this immediately.
§11 Prohibition of set-off / right of retention
The CLIENT may only set off claims of CLOUDWORX against acknowledged or judicially determined claims. The CLIENT is not entitled to a right to refuse performance, for example in the event of repeated failure to remedy defects. In this case, the CUSTOMER is referred to his extraordinary right of termination.
§12 Term and termination
The contract of use is concluded for an indefinite period. Either party may terminate the usage agreement with two weeks' notice to the end of the billing period.
The CUSTOMER terminates by deactivating REEDR via his Salesforce account. A termination declared only to CLOUDWORX, in whatever form, shall only become effective when the CLIENT has deactivated REEDR via his Salesforce account.
CLOUDWORX shall give notice of termination to CUSTOMER at least in text form and subsequently deactivate REEDR at the end of the billing period.
The right to extraordinary termination remains unaffected.
§13 Miscellaneous / Applicable law and jurisdiction
CLOUDWORX is entitled to transfer the rights and obligations under this Agreement to a group company within the meaning of Section 15 of the German Stock Corporation Act. In this case CLOUDWORX will inform the CLIENT in writing. In this case the CLIENT is entitled to terminate the contract extraordinarily within a period of one month from receipt of the information.
The contractual relationship between the parties shall be governed by German law.
Place of performance and place of jurisdiction is Munich.