Terms & Conditions

Updated June 2021

Below you will find the terms of use of Loxonet GmbH.

1. Scope

1.1 Loxonet GmbH (hereinafter: Loxonet) offers web-based software for the use and storage of data via the Internet (hereinafter: software) as well as storage space on the servers on the "Loxonet.com" website (hereinafter: Loxonet) of the provider or servers of subcontractors in Germany as Software as a Service ("SaaS").

1.2 The following general terms and conditions (hereinafter: GTC) apply to all license agreements (hereinafter referred to as "contracts") that are concluded between Loxonet and its customers via the "Loxonet" platform.

1.3 Deviating terms and conditions of the customer do not apply to the contracts, unless Loxonet expressly agrees to their application in writing.

2. Conclusion of the contract between the customer and Loxonet, trial period

2.1 The offer made available on Loxonet to use the web-based software designated and described there does not constitute a binding offer by Loxonet.

2.2 The use of the Loxonet software requires the creation of a customer account (hereinafter: Account). To create the account, the required data must be entered and a password must be set. By confirming the creation of the account, the customer first makes a binding offer to conclude a contract for the free use of the software for test purposes. Loxonet can accept this offer by setting up and granting access to the account or by sending a message to the specified e-mail address with the access data for the account set up.

2.3 By concluding a contract for free use in accordance with section 2.2, Loxonet grants the customer the right to use the Loxonet software free of charge. The trial period starts with the provision of the access data and lasts for 14 days. During the test period, the customer has full access to all available applications. After the trial period has expired, the platform will be automatically blocked, provided that no payment data has been entered. As a result, there are no additional costs. An extension of the test phase is not possible due to the short three-month term of the contracts. The establishment of a second probationary period for the same designated contractor - this also includes different individuals for the same organization - is not permitted.

2.4 For the preparation of an offer and the conclusion of a contract, the contract is concluded in the account itself. To do this, the customer must select the appropriate application and confirm his selection. Then, in addition to the name of the organization and billing address, payment data for a SEPA direct debit mandate must also be stored. By confirming and sending this information, the customer concludes a contract for the paid use of the software with monthly billing with Loxonet.

3. Services, change of versions

3.1 Loxonet provides the customer with access to the version of the software offered on Loxonet and selected by the customer as Software-as-a-Service (hereinafter: SaaS) over the Internet for the duration of a contract. The range of functions of the software version booked results from the description on the Loxonet website under "Prices" and "Apps".

3.2 In principle, the customer can switch between the offered versions of the software at any time with effect from the time the customer access is changed by Loxonet. The resulting remuneration is based on clauses 7.3 to 7.5 of these general terms and conditions.

3.3 Customers with a contract for the use of the software can change the version directly in the account. If the customer changes to a version with a larger scope of applications during an ongoing billing period, the customer can use the additional functions of the software from the time the account is converted by Loxonet. If the customer changes to a version with a lower range of applications, the customer can only use the reduced functions of the software from the time the customer access is changed by Loxonet.

4. Availability and reaction time in case of malfunctions

4.1 Loxonet guarantees 99% availability of the software made available as SaaS on an annual average. This does not apply to times when the server cannot be reached due to other technical problems that are beyond the control of Loxonet (in particular, force majeure, fault of third parties). Also excluded are planned maintenance work (e.g. software updates) that are either outside of normal business hours from Monday to Friday (taking into account public holidays at the Hamburg location) between 9:00 a.m. and 18:00 p.m., or which are announced in advance in accordance with Section 4.2 became.

4.2 Loxonet is entitled to interrupt the availability of the software for maintenance purposes and as a result of other technical requirements. As far as possible, maintenance work is carried out outside of normal business hours from Monday to Friday (taking into account the public holidays at the Hamburg location) between 9:00 a.m. and 18:00 p.m. If a maintenance measure results in the use of the software being interrupted for more than 30 minutes within normal business hours from Monday to Friday (taking into account the public holidays at the Hamburg location) between 9:00 a.m. and 18:00 p.m., Loxonet will carry out this maintenance work by e -Announce mail. The announcement takes place at least 24 hours in advance. At the customer's request, the announced maintenance work can be postponed, provided that Loxonet is responsible for this for technical and economic reasons.

4.3 Disruptions in system availability must be reported by the customer immediately after they become known. Loxonet will endeavor to provide a response time for reports of system availability disruptions that lead to a total failure of the software and that are received within the support hours (Monday to Friday between 9:00 a.m. and 18:00 p.m., taking into account the public holidays at the Hamburg location) Ensure that fault clearance begins after four hours. In the case of minor errors that do not lead to a total failure of the software and occur during ongoing operations, Loxonet will endeavor to react no later than one working day after receipt of the error message.

4.4 If the error correction should not be possible within 12 hours, Loxonet will inform the customer of this, stating the reasons and the period that is likely to be estimated for the error correction.

4.5 In the case of malfunction reports that are received outside of support hours, troubleshooting begins on the following working day. Delays in troubleshooting for which the customer is responsible (e.g. due to the unavailability of a contact person on the customer side or delayed reporting of the fault) are not counted towards the troubleshooting time.

5. Participation services of the customer

5.1 The following cooperation services are the customer's main performance obligations and should not be classified solely as secondary obligations or obligations.

5.2 The customer is obliged to check the functionality and general quality of the software during the test period in accordance with Clauses 2.2 and 2.3 and to notify Loxonet of any defects or other deviations from the requirements for the quality before concluding a contract for the fee-based use of the software . The customer cannot appeal to Loxonet about defects or other deviations from the quality requirements that were already known or existed during the test period but were not reported to Loxonet before the conclusion of a contract for the fee-based use of the software.

5.3 The customer is obliged to provide a qualified contact person as well as a deputy who is entitled to make all necessary decisions or to bring them about immediately that are necessary for the provision of the contractually agreed service. The customer is obliged to inform the contact person (and his / her deputy) immediately about any changes.

5.4 The customer is solely responsible for the content and data processed with the software. The customer hereby undertakes to use the Loxonet software only in accordance with the contract and within the framework of the applicable statutory provisions and to not violate any third party rights when using it. The customer will inform Loxonet immediately, if possible in writing, of: (i) the misuse or suspicion of misuse of the contractually agreed service; (ii) a risk or the suspicion of a risk to compliance with data protection or data security that occurs in the context of the provision of the contractually agreed service; (iii) a danger or the suspicion of a danger for the service provided by Loxonet, e.g. through loss of access data or a hacker attack.

5.5 The customer is obliged to ensure the technical requirements himself.

5.6 The customer is responsible for the technical setup and administration of the account. This applies regardless of whether Loxonet supports the customer in setting up the account in whatever form. This includes in particular: (i) the technical setup of the account, in particular the migration of data; (ii) the administration of the account, in particular the creation of users and roles and the assignment of access to the account.

5.7 The customer is obliged to inform Loxonet immediately in text form of any performance disruptions (deficiencies in services, lack of availability) and to provide comprehensible information on performance disruptions that occur. In the event of service disruptions, the customer will support Loxonet to a reasonable extent in identifying and correcting errors. Loxonet is entitled to temporarily show the customer how to work around the error and to eliminate the actual cause later by adapting the Loxonet software, provided this is reasonable for the customer.

6. Assignment of rights

6.1 Loxonet grants the customer a non-exclusive, simple, non-transferable right limited to the term of the contract to use the booked software.

7. Prices, payment methods and terms of payment

7.1 The prices stated at the time of the order apply, as shown on the Loxonet website. The prices there are monthly net prices in euros and do not include the statutory sales tax at the applicable statutory rate, if applicable. The amount of the monthly fee for the use of the software depends on the price class for the selected version of the software, which in turn depends on the desired scope of applications.

7.2 All payments are due for payment in advance when the invoice is issued.

7.3 The monthly billing period begins on the day of the conclusion of a contract for the paid use of the software via the account and ends after one month. Payments for contracts for the fee-based use of the software with monthly billing are made via SEPA direct debit mandate. The customer is provided with a monthly invoice from Loxonet in electronic form in his profile for retrieval and sent by e-mail.

7.4 Should the scope of applications increase or decrease (section 3.2), Loxonet will invoice the difference between the advance payment already made and the changed price by the end of the billing month with the following invoice for the next billing month.

7.5 In the event of default by the customer, if no payment has been made after the expiry of a period set for the customer of one calendar week after the due date, Loxonet is entitled to immediately block the customer's access to the software. Loxonet will inform the customer of this blocking in advance, setting a further deadline of one calendar week. In this case, the customer remains obliged to continue to pay the agreed remuneration plus any default interest. Any damage caused to the customer by the blocking for this reason cannot be asserted against Loxonet. Furthermore, in the event of default, the statutory provisions of Sections 286, 288 of the German Civil Code (BGB) or other relevant statutory provisions apply.

7.6 The following services and approvals apply to the following packages.

Package services Loxonet starter Loxonet Enterprise Loxonet Enterprise Premium
Setup fee none none none
Contract period 3 months 3 months 3 months
Maximum users unlimited unlimited unlimited
Browser platform & app Ja Ja Ja
Loxonet domain Ja Ja Ja
Own domain No Ja Ja
Support Standard chat support Business chat support Business chat & phone support
GDPR compliant Ja Ja Ja
App Browser app AppStore / PlayStore App AppStore / PlayStore App
Languages Loxonet in one language Loxonet in two languages Loxonet in up to 8 languages
Cloud 250GB cloud storage 500GB cloud storage 2TB cloud storage
API No Up to 2 API interfaces Up to 10 API interfaces
Personal onboarding No Ja Ja
Employee workshop No No Ja
Price 499 € net monthly 749 € net monthly 1149 € net monthly
Prices for registered clubs 299,40 € net monthly 449,40 € net monthly 689,40 € net monthly

8. Contract start, minimum term and termination

8.1 The contract begins as soon as the provider activates it and confirms it in text form. The contract runs for an indefinite period after the minimum contract term of three months after the start of the contract and can be properly terminated by both parties with a notice period of three months, at the earliest at the end of the minimum term. The contract is extended by three months each time if it is not terminated in writing within the notice period.

8.2 The right of the parties to extraordinary termination for good cause remains unaffected. An important reason for an extraordinary termination exists in particular if (a) a party repeatedly violates essential contractual obligations from this contract; One of the essential contractual obligations is, in particular, the timely payment of the fees. (b) a party commits a tortious act in connection with this contract; (c) one party ceases business operations in whole or in part, and the immediate continuation of the contract is not ensured by a legal successor.

8.3 The termination must be in writing.

8.4 With the termination of the contract, for whatever reason, the contractual rights of use of the customer end.

8.5 Up to fourteen days after termination of the contract, the customer can request that the provider surrender the stored data in a common digital format. After the one-month period has expired, all data will be permanently deleted without further notice.

9. Cancellation

9.1 As a consumer according to § 13 BGB you have a right of withdrawal according to §§ 312g, 355 BGB. You then have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must inform us (Loxonet GmbH, Schottmüllerstraße 17A, 20251 Hamburg, email: info@loxonet.com) about your decision to do so by means of a clear declaration (e.g. a letter sent by post or email) To revoke the contract, inform. For this purpose, we provide you with a sample cancellation form under 9.3, which you can use. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

9.2 If you cancel this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged any fees for this repayment.

9.3 If you want to revoke the contract, please provide the following information and send it to: Loxonet GmbH Schottmüllerstraße 17A 20251 Hamburg E-Mail: info@loxonet.com I hereby revoke the contract I have concluded for the use of the "Loxonet" software as Software as a Service.Access received on:
__________________________________________________________________
Name of the consumer ______________________________________________________
Address of the consumer ______________________________________________________
Signature of the consumer (only if this is communicated on paper) _________________________ Date(s)

10. Limitation of Liability

10.1 Loxonet is fully liable for damage to life, limb or health as well as for other damage based on an intentional or grossly negligent breach of duty or malice to customers with a contract for the use of the software for a fee. In addition, Loxonet is fully liable for contracts for the use of the software that are subject to a charge for damage that is covered by liability under mandatory statutory provisions, such as the assumption of guarantees.

10.2 In the event of slight negligence, Loxonet is only liable for contracts for the use of the software for a fee for damage caused by Loxonet and which can be traced back to such essential breaches of duty that jeopardize the achievement of the purpose of this contract, or to the breach of obligations, of which Fulfillment enables the proper execution of the contract and compliance with which the customer can rely. In these cases, Loxonet's liability is limited to the foreseeable damage typical of the contract.

10.3 Liability for the slightly negligent breach of insignificant secondary obligations is excluded.

10.4 In the case of customers with contracts for the free use of the software, Loxonet is only liable for damages based on intent, gross negligence and malice. This limitation of liability does not apply to damage resulting from injury to life, limb or health; Loxonet is fully liable for this.

10.5 The limitations of liability in Clauses 9.1 to 9.4 also apply to claims against executive employees, employees, other vicarious agents or subcontractors of Loxonet.

11. Privacy and Confidentiality

11.1 Loxonet collects and uses the customer's personal data only within the framework of the applicable statutory provisions. To this end, the contractual partners conclude an agreement to the extent required by the applicable provisions.

11.2 None of the contractual partners is entitled to transmit confidential information of the other contractual partner to third parties without express consent (at least in text form). This applies to customers with contracts for free as well as for paid use. All information, whether fixed in writing or orally, which (i) is by nature of the matter as confidential or requiring confidentiality or (ii) the contractual partner to whom the information is transmitted is already confidential or requiring confidentiality due to the external circumstances of the transmission must recognize. Confidential information includes, in particular, product descriptions and specifications as well as prices. Both contractual partners undertake to use confidential information only for contractually agreed purposes. Both contractual partners take at least the same precautionary measures that they also take with regard to their own confidential information. Such precautionary measures must at least be appropriate to prevent disclosure to unauthorized third parties. Both contractual partners are also obliged to prevent the unauthorized disclosure or use of confidential information by their customers, employees, subcontractors or legal representatives. The contractual partners will inform each other in writing if there is any improper use of confidential information. Excluded from the above obligation is information that (i) was already known to the other contractual partner before it was transmitted and without an existing confidentiality agreement, (ii) is transmitted by a third party who is not subject to a comparable confidentiality agreement, (iii) is otherwise publicly known, ( iv) have been developed independently and without the use of the confidential information, (v) have been released in writing for publication or (vi) must be transmitted on the basis of a court or official order, provided that the contractual partner affected by the transmission is informed in good time in order to take legal protection measures to be able to initiate. The confidentiality obligation also applies beyond the duration of the contract up to twelve months after the effective termination date of the contract.

12. Revision Rights

12.1 Loxonet has the right to change these general terms and conditions at any time or to add regulations for the use of any newly introduced additional services or functions of the software. The customer will be notified of the changes and additions to the General Terms and Conditions at least four weeks before the planned entry into force by e-mail to the e-mail address provided by him. The customer's consent to the change to the general terms and conditions is deemed to have been given if the customer does not object to the change in writing (e.g. letter, fax, email) within a period of two weeks, starting on the day following the change notification . Loxonet undertakes to separately point out the possibility of objection, the deadline for the objection, the text form requirement as well as the meaning or the consequences of failing to object in the notification of change.

12.2 Loxonet reserves the right to change the software or offer different functionalities, unless changes and deviations are unreasonable for the customer. If the provision of a changed version of the software or a change in the functionalities of the software is accompanied by a significant change in the customer's work processes supported by the software and / or restrictions in the usability of previously generated data, Loxonet will inform the customer of this no later than four weeks before it takes effect announce such a change in text form. If the customer does not object to the change in writing within a period of two weeks from receipt of the notification of change, the change will become part of the contract. Whenever changes are announced, Loxonet will draw the customer's attention to the aforementioned deadline and the legal consequences of its expiry if the option to object is not exercised.

12.3 Loxonet also reserves the right to change the software or offer different functionalities (i) to the extent that this is necessary to ensure that the services offered by Loxonet conform to the law applicable to these services, in particular if the legal situation changes; (ii) to the extent that Loxonet complies with a court or authority decision addressed to Loxonet; (iii) to the extent necessary to eliminate security vulnerabilities in the software; or (iv) insofar as this is predominantly advantageous for the customer.

12.4 Loxonet is entitled to adjust the prices for the chargeable contractual services to compensate for increases in personnel and other costs annually by an appropriate amount. Loxonet will announce these price adjustments and the time when the price adjustment becomes effective to the customer in writing. The price adjustments do not apply to the periods for which the customer has already made payments. If the price increase is more than 5% of the previous price, the customer can object to this price increase with a period of two weeks from notification.

12.5 If the customer objects to a change within the meaning of this section 11 in due form and in due time, the contractual relationship will be continued under the previous conditions. In this case, Loxonet reserves the right to extraordinarily terminate the contractual relationship with one month's notice.

12.6 Changes to these General Terms and Conditions must be made in writing. This also applies to the waiver of the text form itself.

13. Final Provisions

13.1 If individual provisions of the General Terms and Conditions have not become part of the contract in whole or in part or are ineffective, the rest of the contract shall remain effective. If the provisions have not become part of the contract or are ineffective, the content of the contract is based on the statutory provisions.

13.2 The contractual relationship existing between the contractual partners is exclusively subject to the law of the Federal Republic of Germany. The exclusive place of jurisdiction for all disputes arising from and / or in connection with this contractual relationship between Loxonet and the customer is, as far as legally permissible, the place of business of Loxonet.

13.3 For the conclusion of the contract, the customer has the language in which these terms and conditions are available on the Loxonet website. The German version valid at the time of the conclusion of the contract is decisive for the conclusion of a contract for customers from the DACH region - Germany, Austria, Switzerland.

Any Questions?

The terms of use of Loxonet GmbH can be found below.

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