Terms of Service

§ 1 Scope & Contracting Parties

These General Terms and Conditions (GTC) apply to all contracts for the use of the cloud-based B2B software infrastructure "UYUNI", concluded between the legal operator Tenko Krüger – Tenkosoft Digitalmanufaktur – (hereinafter referred to as "Provider") and the customer.

Important Note: The offer is directed exclusively at entrepreneurs, legal entities under public law, or special funds under public law within the meaning of § 310 (1) BGB. Consumers are excluded from use.

§ 2 Subject Matter of the Contract & Services

The subject matter of the contract is the provision of the UYUNI software application (SaaS) for use via the Internet. The provider makes the infrastructure available to the customer for the agreed period.

The provider guarantees high system availability but does not guarantee 100% uninterrupted accessibility, as necessary maintenance work or unforeseeable server outages at third-party providers may occur.

§ 3 Conclusion of Contract, Term & Termination

The use of the infrastructure requires the conclusion of a paid subscription and, if applicable, the payment of one-time setup fees or other individual billings (e.g., for custom adjustments). The contract is concluded by confirming the subscription via the connected payment processing or by paying the corresponding invoice.

The minimum term and notice periods result from the selected billing model (e.g., monthly or annually). Termination is possible at any time at the end of the respective billing period via account management.

§ 4 Prices & Payment Terms

All prices quoted are net prices plus statutory value-added tax. Billing is automated in advance via certified, external payment service providers.

If a payment fails, the provider reserves the right to temporarily block access to the infrastructure until the outstanding claim has been fully settled.

§ 5 Customer Obligations (Account Security)

The customer is obliged to treat their access data strictly confidentially. The unauthorized sharing of access with third parties outside the company is prohibited and will lead to the immediate blocking of the instance. The customer is fully responsible for all activities that take place under their account.

§ 6 Whitelabel Infrastructure & Responsibility

UYUNI offers you the opportunity to run the software infrastructure under your own individual domain (Whitelabel Routing). If you use this feature, you act externally as the sole legal operator and provider of your platform.

You are fully and solely responsible for ensuring that all legal requirements (such as your own imprint, your own privacy policy, and possibly your own terms and conditions) are met on your domain. We only provide the technical infrastructure in the background. Any liability on our part for the content, legal compliance, or your actions on your individual domain is completely excluded. You indemnify us against any third-party claims arising from the use of your Whitelabel instance.

§ 7 Limitation of Liability

The provider is liable without limitation for intent and gross negligence. For simple negligence, the provider is only liable in the event of a breach of a material contractual obligation (cardinal obligation). In this case, liability is limited to the foreseeable, typical contractual damage.

The provider assumes no liability for data loss caused by incorrect operation by the customer or failures of third-party interfaces.

§ 8 Final Provisions

The laws of the Federal Republic of Germany apply exclusively.

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Frankfurt am Main, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.