General terms and conditions

1. Definitions

2. Applicability, amendments to these terms of use

2.1 These ToU claim exclusive applicability. Conflicting or supplementary general terms and conditions of the subscriber or user do not become part of the contract, regardless of whether they were communicated at the time the contract was concluded or later, and whether they were separately objected to.

2.2 envoii is entitled to amend these ToU. envoii undertakes to make any amendments only for good cause. Good cause exists in particular in the event of new technical developments, changes in case law or other equivalent reasons.

3. Subject of the contract, term, provision as SaaS

3.1 The subject of the contract concluded between the provider and the subscriber for the SaaS service is the paid provision of the SaaS service on powerful servers, limited to the term.

3.2 The scope of functions and the volume of services to be provided as part of the SaaS service are determined by the description of the respectively agreed service package presented on the website https://envoii.de.

3.3 Unless otherwise agreed, the contract for the use of the SaaS service is concluded for a term of 12 months. It renews automatically for a further 12 months unless it is terminated by either party with three (3) months\u2019 notice before the end of the contract. Termination must be made in text form (e.g. by email).

3.4 envoii will make commercially reasonable efforts to make the software and the data accessible through it available around the clock as an online service, except during scheduled downtimes and periods of unavailability caused by circumstances beyond envoii\u2019s control.

4. Cloud storage and security

4.1 envoii maintains administrative, physical and technical safeguards to protect the security, confidentiality and integrity of the software and/or the data. These safeguards include, among other things, measures to prevent access to the software and/or the data and the use of the information contained therein by unauthorised third parties.

5. Rights of use

5.1 For the duration of the SaaS contract, envoii grants the subscriber the non-exclusive, non-transferable and non-sublicensable right to use the SaaS service exclusively for its own internal purposes.

5.2 The subscriber is not entitled to rent, lend, sublicense or otherwise make the SaaS service accessible to third parties, unless expressly provided for in these ToU.

6. Remuneration

6.1 The subscriber undertakes to pay the fee agreed in the order form for the SaaS service.

6.2 The fee is due in advance for the entire term, unless another method of payment has been expressly agreed. In the event of non-payment, envoii is entitled to block access to the SaaS service after an appropriate reminder.

7. Liability

7.1 envoii is liable without limitation for damages arising from injury to life, body or health, and for damages based on intent or gross negligence on the part of envoii, its legal representatives or vicarious agents.

7.2 Otherwise, envoii\u2019s liability is excluded insofar as envoii has not breached material contractual obligations. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely.

8. Applicable law and place of jurisdiction

8.1 These ToU are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

8.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Dortmund, provided the subscriber is a merchant, a legal entity under public law or a special fund under public law. This English translation is provided for convenience only; the German version is authoritative.