Terms of Use

internet presence

Terms of use classix internet presence

  1. General
    1. ClassiX Software GmbH, Oehleckerring 11, 22419 Hamburg, Germany (hereinafter referred to as ClassiX) has created several websites, which it owns and operates within the scope of its internet presence. The internet presence enables you and developers, users and other interested parties (each “User”) to participate in a variety of activities. Within the ClassiX internet presence, information (data) created and published by ClassiX, such as texts, images, photos, graphics, audio and video and program code are made available. You can license ClassiX software and purchase and/or research services, get support for ClassiX software and services. The website includes services, which are created and published by ClassiX and provided as web applications, like cloud services (SaaS), native web – apps and progressive web – apps (PWA).
    2. These terms of use apply to all contractual relationships and uses in which ClassiX provides data, services and software within the scope of its internet presence. The ClassiX terms of use shall apply exclusively. Deviating, conflicting or supplementary terms of use of the user shall only become part of the contract if and insofar as ClassiX has expressly agreed to their validity in writing. This requirement of consent shall apply in any case, for example even if ClassiX carries out its services without reservation in the knowledge of the user’s terms of use.
    3. A contract shall be concluded exclusively with natural or legal persons or a partnership with legal capacity which, at the time of conclusion of the contract, acts in the exercise of its commercial or independent professional activity as an entrepreneur in accordance with § 14 BGB. The user therefore does not have the rights of a consumer within the meaning of Directive 2011/83/EU of the European Parliament.
    4. In addition to these terms of use for the ClassiX internet presences, the General Terms and Conditions (software development), the Privacy Policy and the Licensing Terms and Conditions of ClassiX shall apply in the version valid at the time of conclusion of contract. The aforementioned contractual conditions are expressly included in the terms of use for the ClassiX web applications. The corresponding documents can be downloaded from the web address: https://hestia.classix.de/documents/GTC.pdf and https://hestia.classix.de/en/privacypolicy can be viewed. The applicable license conditions are available at the web address https://hestia.classix.de/en/licenses-and-copyright/ deposited.
  2. Scope of services of the offered web applications of the ClassiX – Internet presence – Contract conclusion
    1. Subject of the applications provided by ClassiX within the scope of the ClassiX internet presence are among others web-based application programs (web applications, web applications, in the following: “Apps”) for companies. Business Apps (e.g. capital, personnel, operating resources and material) are available to the user within the scope of the respective corporate purpose.
    2. When creating the user account (§ 6, No. 6.2), the user selects the desired range of services by choosing one of the offered apps according to 2.1.
    3. Data processing and evaluation by the apps is done on a ClassiX computer. The result of the data processing is transferred to the user’s local client computer for display or output. The apps are not installed locally on the user’s computer. To use the apps, Internet access and up-to-date software for displaying web pages (web browser) is required. Internet access and the web browser required for use is not part of the services provided by ClassiX.
    4. By selecting the button “Activate subject to charge” in the graphical user interface “User Account” (6.2) a contractual relationship against payment is concluded with ClassiX for an indefinite period of time. ClassiX shall be entitled to reject such a contract conclusion without giving reasons.
    5. The user has the option to test an app for 30 days without payment. This period is considered to be the initiation of a contract for the paid use of the selected app. During this period, a further chargeable use can be requested and the desired payment frequency selected. The user will be informed of this again by electronic mail from the 20th day onwards.
    6. If the user does not apply for paid use during this 30-day test phase for contract initiation, no contractual relationship is established, the user relationship for contract initiation ends and the user account is blocked.
    7. After a further 10 days, ClassiX shall be entitled to delete the user account with all announced authorized users (administrators) and the data recorded until then – in the separate database made available exclusively for the user.
  3. Progressive Web Apps (PWA)
    1. Within the scope of its internet presence, ClassiX also provides services in the form of Progressive Web Apps (in the following: PWA). PWA are responsive web applications transmitted via internet protocol, which use the capabilities of the used internet browser for the offered services, thus ensuring a native user experience by means of offline functionality.
    2. A PWA is started, for example, by entering the Internet address (the URL) of the web server in the browser and thus sending the first request. The web server receives the request and passes it to the PWA, which acts as a web application. The PWA generates or loads the content (the HTML source code) of a Web site, which is sent from the Web server back to the user’s browser (HTTPS response). The user sees a Web site that is adapted to his or her mobile device due to its responsive design.
      Although the PWA was retrieved using a URL, the user can get an icon dragged to the screen of the smartphone and use the page offline. When using PWA, data processing is only implemented in the respective web browser. Content once retrieved is also available offline.
    3. PWA are provided by ClassiX to the user as paid and free services. To use the PWA, Internet access (to obtain the application) and up-to-date software for displaying web pages (web browser) is required. Internet access and the web browser required for use is not part of the services provided by ClassiX.
  4. Rights of use
    1. The access and use of software, web applications and PWA (hereinafter referred to as “Services”) or related documentation, including developer tools and sample codes, as well as information on application program interfaces, which are provided within the ClassiX website, are subject to the software license agreements, which are announced at https://hestia.classix.de/en/licenses-and-copyright/. You may not modify, decompile or reverse engineer any software, application, unless this is expressly permitted by applicable law or the license agreement.
    2. ClassiX software and applications based on it are copyright protected works of ClassiX. Unauthorized copying, distribution, modification, public display or public performance of copyright protected works, including the ClassiX software, is an infringement of the copyright holder’s rights. Information about the procedure to request ClassiX’s permission to use copyright protected works of ClassiX can be found on the link https://hestia.classix.de/en/licenses-and-copyright/.
    3. During the term of a contractual relationship, ClassiX grants the user a simple, non-transferable worldwide right of use with the restrictions described in the following paragraphs.
    4. The user has the right to use the services for a fee with the number of users specified during the online booking.
    5. Users have the right to create, manage and send documents in connection with the services used.
    6. The user may download and use the documents created. In addition, the user can have documents sent by e-mail via the ClassiX cloud services. In this case ClassiX shall not be liable for proper delivery to the recipient. The user shall be responsible for checking the correct delivery.
    7. The user is prohibited from using the services in a way that violates applicable law, in particular the transmission of information and data that is unlawful or violates the property rights of third parties; as well as to endanger or circumvent the operation or security of the services.
  5. Rights and obligations ClassiX
    1. ClassiX continuously develops the performance characteristics of the services offered in order to take technical progress into account or to ensure continuous compliance with the applicable mandatory law. In this respect ClassiX reserves the right to adapt the respective services, to add new services or additional functions or to switch off existing services or additional functions. These changes shall be provided as new versions of the services. ClassiX informs about the continuous modification of the services. It is the user’s responsibility to adapt the version he uses.
    2. ClassiX shall be entitled to employ third parties as vicarious agents in the provision of services.
    3. ClassiX offers help functions as support for the services used. Furthermore, when using web applications against payment (Item 2.), it is possible to receive support via the ClassiX ticket system “Salus” within the framework of the regulations of these Terms of Use. ClassiX will answer received requests within 24 hours at the latest (except weekends and public and regional holidays).
    4. Unless separately agreed in writing, ClassiX shall not owe any services beyond those specified in § 2. In particular, ClassiX shall not be obliged to provide installation, set-up, adaptation or consultancy services.
    5. ClassiX uses appropriate security technologies in the provision of the services offered within the framework of the Internet presence. As data processor ClassiX takes and maintains technical and organizational measures for processing personal data in the Cloud Service according to applicable data protection law, as regulated in the agreement on commissioned data processing referenced in the service offer according to § 2.
  6. User data/responsibilities of the user to cooperate
    1. The user is responsible for the content of the user data and its collection in a user account (insofar as its collection is necessary for the use of the respective service). The necessary data are to be entered completely in a user account according to the specifications of ClassiX. By entering the required data in the user account, the user confirms the correctness of all his details. Electronic mail (e-mail) is the main communication medium. The user shall therefore ensure that an e-mail address is provided which is suitable for making and receiving declarations. The user must ensure that the user data is constantly updated. ClassiX points out that the provision of cooperation services is a prerequisite for the proper performance of ClassiX. The user shall bear any disadvantages and additional costs resulting from the breach of his cooperation obligations.
    2. The user shall collect, store and process all personal data of the user contained in the user account in accordance with the applicable data protection law in accordance with the ClassiX data protection declaration valid at the time of conclusion of the contract. The current data protection declaration is available at the address: https://hestia.classix.de/en/privacypolicy.
    3. The user shall be obliged to assist in the provision of services and support and consulting services by ClassiX to the required extent free of charge, in particular by providing infrastructure and telecommunication facilities to access the web applications. ClassiX points out that the provision of the cooperation services is a prerequisite for the proper performance of ClassiX. The user shall bear disadvantages and additional costs resulting from the breach of his obligations.
    4. In the user account the authorized users (administrators) of the user account are specified. A password must be set for access in each case. This password must be chosen in such a way that it guarantees the greatest possible security (see the information on the registration mask). The password should be changed at regular intervals, it is intended exclusively for personal use and may not be passed on to third parties.
    5. Each user receives a hyperlink (link to the ClassiX computer) by electronic mail (e-mail), which can be used to activate the respective user account. This link is valid for 24 hours. After 24 hours, the end of validity, a new hyperlink must be requested.
  7. Availability
    1. ClassiX strives for a permanent system availability of the offered services, i.e. to provide system access 24 hours a day, 365 days a year. Cloud operation is designed for an availability of over 99% p.a. However, this does not include routine, necessary and planned maintenance and repair measures. However, availability at any time is expressly not guaranteed and is not owed.
    2. Also excluded from this are times when the system computer cannot be reached due to technical or other problems for which ClassiX is not responsible (e.g. force majeure, server breakdowns caused by third parties, breakdowns or overload of the Internet or communication networks, power failure, etc.). The non-availability according to this section shall not justify a claim for reduction if it does not exceed 24 hours a day, 48 hours a week and 96 hours a month.
    3. The availability and performance of a user account still in the 30-day free trial period may vary.
  8. Terms of payment
    1. The user shall pay to ClassiX for the services provided the remuneration agreed upon at the conclusion of the contract according to the price list valid at that time. The valid price list shall be announced on the graphical user interface, on which the button for conclusion of contract is also located, under “Prices”.
    2. All remuneration is to be paid on a pro rata basis, beginning on the day of operational availability.
    3. All remuneration for the services provided shall be in the currency specified in the price list valid for the respective order, plus the value added tax applicable at the time the contract is concluded.
    4. In order to compensate for increased personnel and other costs, ClassiX shall have the right to change the remuneration for the contractual services at most once a year. ClassiX shall notify the user of the adjustment of the remuneration at least four weeks before it comes into effect. In the event that the user does not accept the increase in remuneration, he shall be entitled to terminate the contract without notice. If the User does not terminate the contract within three weeks of notification of an increase in remuneration owed, the price increase shall be deemed accepted.
    5. ClassiX shall send the user proper invoices in advance according to the chosen payment method, or give the user the possibility to view and print the invoices in the user account.
    6. Unless ClassiX allows other payment methods in individual cases, all fees for the use of the apps are due and payable in advance on the 1st of each month.
    7. Offsetting and retention against ClassiX’s remuneration claims shall only be permitted on the basis of claims that have been legally established or recognised by ClassiX. Payments shall always be offset first against any interest accrued and then against the oldest outstanding claim.
    8. If the user is in default of payment, ClassiX may refuse access to the services against payment after a period of one week has expired without result until payment has been made. Upon maturity, ClassiX shall be entitled to charge interest on arrears at the statutory default interest rate valid at the time. ClassiX reserves the right to assert other claims for default of payment.
  9. Notes on data processing/order data
    1. In all data processing procedures (e.g. collection, processing and transmission) ClassiX acts in accordance with the legal regulations. Details of the data protection obligations can be found in the ClassiX Software GmbH data protection declaration at: https://hestia.classix.de/en/privacypolicy.
      The data protection declaration gives the user an overview of the type of data collected, how this data is used and passed on, which security measures ClassiX has taken to protect the user’s data and how the user can request information.
    2. The ClassiX web applications are provided as “Software as a Service (SaaS)”. The SaaS model is based on the principle that the software and the IT infrastructure is operated by an external IT service provider, the ClassiX, and used by the user as a service (§2, No.2.1). ClassiX in turn uses external capacities as “Infrastructure as a Service (IaaS)”. For this purpose external computing capacities of Deutsche Telekom are used within the DSI vCloud.
    3. When using PWA (§3) the data processing is exclusively implemented in the respective web browser. Content once accessed is also available offline. No data of the user is collected.
    4. The user is responsible for the content of the order data (introduced external data) and its entry into the ClassiX web applications.
    5. The user collects, updates and processes all personal data contained in the order data in accordance with the applicable data protection law.
    6. The user shall maintain adequate security standards for the use of the ClassiX web applications by authorized users. The user is solely responsible to evaluate offers of the ClassiX website for his business processes and to comply with all applicable legal regulations regarding order data and use of the ClassiX website. The user shall be obliged to assist in the provision of the ClassiX website services and the support and consulting services by ClassiX to the required extent free of charge.
    7. During the runtime of the ClassiX web applications, the user has the possibility to access, extract and export order data in a standard format at any time. Retrieval and export may be subject to technical restrictions and requirements. In this case ClassiX and user shall agree on an appropriate method to enable the user to access the order data. After termination of the contract, ClassiX shall delete or overwrite the order data remaining on the servers used for hosting within the scope of the internet presence, unless their storage is required by mandatory law. The retained data shall be subject to the agreed confidentiality rules (§ 10).
  10. Confidentiality
    1. ClassiX shall not pass on to third parties any data and information provided to it by the user within the scope of a contractual relationship, which is marked as confidential or which is clearly recognisable as the user’s business or trade secrets under other circumstances, and shall use it exclusively for the provision of services and for the administration and processing of the contractual relationship. This shall only not apply if disclosure or transfer is necessary for the provision of services or due to a legitimate interest of ClassiX, in particular the enforcement of claims against the user. In so far as disclosure is made to such third parties acting as ClassiX’s agents, ClassiX shall ensure by contractual agreements that the above obligation of secrecy also applies to such third parties.
    2. The above Section 10.1. shall not apply to Confidential Information which (a) has been independently developed by the recipient without recourse to the Confidential Information of the disclosing Party, (b) has become generally available to the public without breach of contract by the recipient or has been obtained lawfully and without obligation of secrecy from a third party entitled to provide such Confidential Information, (c) was known to the recipient without restriction at the time of disclosure or (d) is exempted from the above provisions upon written consent of the disclosing Party.
  11. Limitation of liability
    1. ClassiX and its vicarious agents and assistants shall be liable without limitation for all damages resulting from services (web applications, PWA, data) provided against payment within the scope of its Internet presence in the event of intent or gross negligence and in the absence of a guaranteed feature. In the case of slight negligence, ClassiX shall be liable in the event of injury to life, body and health and in the event of breach of essential contractual obligations (cardinal obligations).
    2. In the event of a breach of an essential contractual obligation, liability shall be limited to compensation for the foreseeable, typically occurring damage. Liability under the Product Liability Act remains unaffected. Liability for all other damages is excluded.
    3. ClassiX shall not be liable for the correctness of the information published by users in the services and the fiscal and legal correctness of the documents created by users. The respective sender / user is solely responsible for their correctness, completeness and topicality.
    4. A limitation period of one year shall apply to all claims against ClassiX for damages or compensation for wasted expenditure in the case of contractual and non-contractual liability. The period of limitation shall commence at the time specified in § 199 (1) BGB. It shall come into effect at the latest five years after the claim arises.
    5. The internet presence of ClassiX and the related websites may contain links to external websites. ClassiX is not responsible for the content of a linked website or for changes or updates of these websites. Furthermore, ClassiX is neither directly nor indirectly responsible or liable for damage or loss caused by or in connection with your use of or trust in software, contents, goods or services available on or via such a linked website. ClassiX does not control and/or check the linked websites and the information provided by third parties.
  12. Warranty
    1. ClassiX warrants that the services made available against payment within the scope of the internet presence meet the specifications agreed in the supplementary conditions and in the documentation during the term of the contract and that they do not infringe the rights of third parties when used by the user in accordance with the contract.
    2. The services provided free of charge (also: web applications in the 30-day trial period [§ 2], PWA, [§ 3]) are provided “as is” and without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights. In no event shall ClassiX be liable for claims, damages or other obligations arising from or in connection with the services provided (§ 3) or the use or other transactions with the software provided.
    3. The user is obliged to notify ClassiX immediately in writing of any notification of defects, giving a precise description of the defect.
    4. If ClassiX has failed to rectify a defect even after expiry of a reasonable period of grace set by the user in writing, and if the suitability of the services concerned against payment is thereby more than insignificantly reduced, the user shall have the right to terminate the contract, which must be done in writing. If the suitability of the services for contractual use is more than only insignificantly reduced, the user has the right to reduce the remuneration appropriately. The strict liability for defects already existing at the time of conclusion of the contract according to § 536a para. 1 Alt. 1 BGB is excluded.
    5. A defect shall be remedied by ClassiX providing the user with a new, defect-free status of the services concerned or by remedying the defect, at its discretion. The removal of defects may also consist in ClassiX showing the user reasonable possibilities to avoid the effects of the defect. In case of defects of title, ClassiX shall, at its discretion, either
      • obtain the right to use the services as agreed;
      • replace or modify the Services in such a way that the allegation of infringement is removed, but the contractual use of the User is not unreasonably impaired thereby
    6. Except in the case of intent or gross negligence, claims for defects shall become statute-barred after one year, unless liability for damage to body or health is involved.
    7. ClassiX does not give any assurances regarding the contents of the internet presence with regard to the materials from linked websites. Thus ClassiX is in no case responsible for the accuracy, the compliance with copyright regulations, the legality and morality of the materials contained in the third party websites listed in the directory or in the materials.
  13. Liability of the user
    1. The user will not use the offered services illegally or improperly. In particular, he will not post any content in the services that infringes the rights of third parties, in particular industrial property rights, copyrights or personal rights. Furthermore, no pornographic content or content glorifying violence may be placed in the services. The user is responsible for ensuring that the data and information he/she enters in the services is correct and does not violate the rights of third parties.
    2. ClassiX reserves the right to temporarily block contents which ClassiX considers questionable in this respect. The same applies if ClassiX is requested by a third party to change or delete content/data in the services because they allegedly violate third party rights. In the event that the user provides evidence that a violation of third party rights or any other infringement of rights is not to be feared, ClassiX shall make the content/data concerned available again.
    3. The user shall also ensure that state-of-the-art security measures are used to protect the data against access by third parties when transferring data to the web application (§ 2).
    4. If a third party asserts claims based on industrial property rights which conflict with the exercise of the contractually granted right to use services, the User shall inform ClassiX immediately in writing and in full.
      If the user ceases to use the contractual services in order to minimise damage or for other important reasons, he shall be obliged to inform the third party that the cessation of use does not imply an acknowledgement of the alleged infringement of property rights. He shall only conduct the legal dispute with the third party in agreement with ClassiX or authorise ClassiX to conduct the dispute. This shall apply accordingly, if a third party asserts claims against ClassiX which are due to actions of the user, authorised users or third party access.
  14. Duration
    1. Unless otherwise agreed in individual cases, contracts for the use of services against payment are concluded for an indefinite period. Each party is entitled to terminate the contract by giving one month’s notice to the end of the month.
    2. The right of termination without notice for good cause remains unaffected, as do the termination options with a shorter notice period provided for the benefit of the parties in these Terms of Use.
    3. Contracts for the free use of services or additional products may be terminated by ClassiX at any time without notice.
    4. Any termination requires the written form to be effective.
    5. Upon termination of the contractual relationship, for whatever reason, the contractual partners are obliged to handle the contractual relationship properly.
    6. Upon termination of the contract, the user’s access to the services covered by the contract shall be terminated; his right to use the services and confidential information of ClassiX shall end and the confidential information shall be returned or deleted to the respective disclosing party within 30 days as agreed.
  15. Subject to change
    1. ClassiX shall be entitled to amend these terms of use at any time at its reasonable discretion, if changes in the legal situation or in the case law or market conditions of the highest courts occur and the amendments are reasonable for the user.
    2. Such changes shall come into force within four weeks of their notification to the user. If the user does not object within four weeks of the announcement, the changed terms of use shall be deemed accepted. If the user objects to the changes, the terms and conditions of use in effect up to that point in time shall continue to apply. The user will be informed separately about the possibility of objection and the time limit for such objection.
  16. Choice of law and place of jurisdiction

All contractual and non-contractual claims shall be governed exclusively by German law to the exclusion of international uniform law, in particular the UN Sales Convention.
Exclusive place of jurisdiction shall be Hamburg for all disputes arising from and in connection with these terms and conditions, provided the User is a merchant, a legal entity under public law or a special fund under public law, whereby ClassiX shall also be entitled to assert claims against the User at the latter’s general place of jurisdiction.