General terms and conditions
Effective from 11-04-2023
These general terms and conditions regulate the rights and obligations between tibe.io and the customer under consideration of the terms of use for inGo and the data protection information for the app inGo.
§ 1 - Definitions
The following definitions are used in the contract:
a) Software = inGo Platform, which is provided for use by tibe.io GmbH (hereinafter referred to as "tibe.io"), as a software-as-a-service service via the internet, including software for the user relationship between the user and tibe.io, as well as the customer and tibe.io, taking into account the regulations of the respective software use contract.
b) App = Smartphone application.
c) Participant = the customer or the contractual partner authorised by the customer to use the software (e.g. input of data), for example subcontractors of the customer.
d) User = group of persons who are intended by the customer or participant for the use of the app as access authorisations.
e) Terms of use = the conditions to be observed by the user when using the app.
f) Credential = a proof of identity/authorisation.
g) Key = QR code
h) Third-party provider = technical host of the software and database
§ 2 - Conclusion of the Software Usage Agreement
2.1 The Software Usage Agreement shall be concluded by the signing of the Usage Agreement by both parties.
§ 3 - Subject of the Software Usage Agreement
3.1 The object of the Software Usage Agreement is the granting of rights of use to the Software including hosting and to the App for the duration of the concluded Software Usage Agreement for use via the Internet/access via a browser by tibe.io to the Customer in accordance with the contractually agreed contents. A physical transfer of the software to the customer does not take place.
3.2 The software is an application for issuing and verifying verifiable credentials.
The decision on the scope and, if applicable, the content of the required credentials for the creation of the key shall be incumbent on the customer.
3.3 The software and the possibility to use the same shall be effected by providing the software on servers of a third party (hereinafter: "third party provider"), the selection of which is not restricted by tibe.io and which may also be changed by tibe.io during the term of a software usage agreement. For the use of the software, tibe.io shall provide the customer, in addition to the actual software, with storage space to the contractually agreed extent on the servers of the third party provider.
3.4 As far as the customer uses the internet and requires internet access in connection with the initiation and conclusion of the contract on the one hand and for the use of the Software and App as well as all activities and services in connection therewith on the other hand, this is exclusively within his sphere of responsibility as well as all costs triggered thereby (including costs of telecommunication services incurred) which are to be borne by the user or participant. In particular, these are not covered by the fee for the use of the software.
3.5 tibe.io does not owe an adaptation of the software and app, in particular to the individual needs or the IT environment of the user.
3.6 tibe.io is entitled to update and further develop the Software and App at any time and to adapt it in particular due to a changed legal situation, technical developments or for the improvement of IT security. Insofar as a further development of the Software is provided to the Customer or the User instead of the previous version of the Software and this has been made known to the Customer or the User, the Customer or the User shall be obliged to exclusively use the further developed version of the Software instead of the previous version.
3.7 Other services, in particular advice on the selection of the Software, information on the functionality and the operation/use of the Software, support in the use of the Software, as well as the provision of other support and assistance, shall not be owed by tibe.io, unless these are expressly agreed between the parties, for example within the scope of the contractual service specification.
3.8 tibe.io shall not be responsible that the user has a system environment suitable for the software and is otherwise able to use the software.
§ 4 - Granting of rights
4.1 tibe.io hereby grants the customer the simple, non-exclusive, temporally limited, spatially unrestricted, non-transferable right to use the software in accordance with these General Terms and Conditions.
4.2 The right of use does not include the right to reproduce, edit or decompile the software, unless this is expressly permitted by these General Terms and Conditions or other written provisions of the software usage contract.
4.3 The right to use and exploit the software is limited to use within the scope of the customer's own, original business activity, which in particular excludes the use of the software by or for third party(ies) (not belonging to the customer). In this respect, third parties are in particular all companies not belonging to the same person, i.e. also companies affiliated with the customer. Exceptions to the prohibition require the consent of tibe.io.
4.4 Uses of the software which are not explicitly permitted by these terms and conditions are not allowed to the customer.
§ 5 - Use of the software and hosting
5.1 tibe.io shall provide the customer with all information necessary for the access to the software including user name and password after conclusion of the software use contract. The customer is obliged to keep the access information transmitted to him secret and to make it available only to those persons who are entitled to use the software by virtue of this software use contract. The customer is prohibited from using circumvention devices to circumvent the access control services provided for the use of the software as well as the servers of the third-party provider or to take other measures to use them (without authorisation).
5.2 The use of the software and the storage space in accordance with the rights granted with this contract is limited to the term of the software usage contract. Any further use on the part of the Customer shall not lead to an extension of this Software Usage Agreement by implication or otherwise.
5.3 The customer is obliged to store and save only contents and files necessary for the use of the software on the server of the third-party provider. In this context, the user is obliged to ensure - in particular by using state-of-the-art anti-virus programs - that all data and files do not contain any viruses or other harmful components. The customer must also ensure that no illegal contents and data are used in the use of the software or stored on the storage space and that the customer observes the data protection regulations and laws incumbent upon him in the use of the software and the storage space. In this respect, the customer is solely responsible for compliance with data protection and for obtaining any declarations of consent with regard to the data used by him/her when using the software. If the Customer authorises a Participant to use the Software, the Customer shall be obliged to impose the obligations set out in this Clause 5.4 on the Participant.
5.4 The Customer remains the owner of the data stored on the servers of the third-party provider and the controller of personal data pursuant to Article 4 No. 7 DSGVO.
5.5 The Client is solely responsible for ensuring that sufficiently up-to-date (security) copies are made of the data and files that it stores on the servers of the third-party provider so that no damage occurs on the part of the Client in the event of loss of the data stored on the server of the provider or used in the use of the software. In particular, the customer is also obliged, in good time before the end of the term of the contract, to
all data which he would like to have available subsequently. The customer is aware that tibe.io is entitled to delete all data and files stored by the customer on the server of the third party provider in a non-recoverable way immediately after the end of the software usage contract.
5.6 tibe.io as well as the third party provider shall be permitted to interrupt the usability of the software as well as the accessibility of the servers if this is necessary or reasonable for maintenance, servicing, upgrade or care measures.
5.7 If the customer authorises a participant to use the software, he is obliged to impose the obligations of this clause 5 on the participant.
§ 6 - User fees
6.1 The usage fees for the granting of the rights granted under this Software Usage Agreement shall be specified in the Usage Agreement in accordance with the service contents selected by the Customer.
Insofar as the usage fees are not expressly referred to a different period of time, they shall generally apply per month.
6.2 As far as no deviating regulation is contained in the user agreement, the remuneration shall be paid in full and without deduction to the specified account of tibe.io within two weeks after invoicing.
6.3 Insofar as the user is in default of payment, the outstanding amount shall be subject to an interest rate of 9 percentage points above the respective valid base interest rate. This does not affect the assertion of further rights. After the fruitless expiry of a reasonable grace period, tibe.io shall be entitled to restrict the possibilities of use or to terminate the contract extraordinarily.
6.4 The prices for the individual services are to be taken from the offer, unless otherwise regulated in the user agreement.
§ 7 - Term of contract and termination
7.1 The software usage contract is concluded for the period specified in the usage agreement.
period specified in the user agreement.
7.2 The right to terminate without notice for good cause remains unaffected. 7.3 The termination must be in writing in any case.
§ 8 – Warranty
8.1 tibe.io warrants the use of the software free of third party rights.
§ 9 - Liability
9.1 tibe.io shall be liable for damages according to this software usage agreement only in accordance with the following provisions and only insofar as the software is used by the user within the scope of the rights of use granted to him and is used in conformity with the contract.
9.2 tibe.io shall be liable for damages caused by slight negligence if the infringing act attributable to tibe.io constitutes a breach of cardinal obligations, whereby cardinal obligations are the essential obligations which form the basis of this Software Usage Agreement, which were decisive for the conclusion of this Software Usage Agreement and on the fulfilment of which the User may rely.
Should tibe.io have violated cardinal obligations only slightly negligently, the liability of tibe.io shall be limited to the contractually agreed remuneration.
9.3 tibe.io shall be liable for the loss of data in any case only up to the amount which would have been incurred for the recovery of the data in case of a proper and regular backup of the data.
9.4 tibe.io shall be liable, without prejudice to other provisions of the Software Usage Agreement, without limitation for damages caused intentionally or by gross negligence as well as for damages resulting from injury to life, body or health by tibe.io, its legal representatives or vicarious agents.
9.5 tibe.io shall be liable for product liability damages according to the regulations of the Product Liability Act.
9.6 tibe.io shall in particular not be liable for the correctness of the system of key allocation defined by the customer for the achievement of the purpose pursued by the customer therewith.
tibe.io only provides the inGo platform on which the Client can electronically record, register and manage the information and documentation for the fulfilment of the legal requirements. The responsibility for the correctness of the recorded information and documentation lies solely with the customer.
The inGo platform is made available for use in the condition as available. In particular, tibe.io shall not be liable for damages caused by unauthorised access to a user account, by illegal or immoral behaviour of users or third parties, namely fraudulent registrations, or by loss or deletion of data. The exclusion of liability does not apply to damages caused by intent or gross negligence of tibe.io. The customer is obliged to fully indemnify tibe.io in case tibe.io is sued by a third party for damages caused by actions of the customer in connection with the inGo platform.
If tibe.io provides the customer with recommendations for templates or configurations, this shall always be done under exclusion of any liability on the part of tibe.io. Tibe.io expressly does not provide legal advice.
§ 10 - Data protection
10.1 The parties agree that the present cooperation is a commissioned processing according to Art. 28 DSGVO. Within the framework of the conclusion of the contract, a commissioning agreement shall be concluded. The parties shall comply with the applicable data protection provisions applicable to them in each case.
10.2 The customer is aware that both tibe.io and the third party provider can potentially access the data stored on the server of the third party provider.
10.3 In order to enable the legally compliant behaviour of all parties involved, the Customer undertakes to conclude all necessary contracts for the commissioned processing of personal data.
§ 11 - Final Provisions
11.1 Amendments to the Software Usage Agreement shall require the consent of the written form. This shall also apply to the amendment of this written form requirement.
11.2 The Software Usage Agreement shall be governed by the laws of the Federal Republic of Germany, with the exception of national conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
11.3 To the extent permitted by law, the parties agree that the Eggenfelden Local Court or the Landshut Regional Court, as the case may be, shall be the exclusive place of jurisdiction for all disputes arising from and in connection with concluded software usage contracts and/or these General Terms and Conditions of Contract.
11.4 The invalidity of individual provisions of this software usage contract shall not affect the validity of the remaining provisions. In this case, the parties undertake to agree on effective provisions which come closest in economic terms to the intended purpose of the invalid provisions. This applies accordingly to any loopholes in this software usage contract.
