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 Limitation of Liability
The provider is liable without limitation for intent and gross negligence. For simple negligence, the provider is only liable for the breach of an essential 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.
§ 7 Final Provisions
The law of the Federal Republic of Germany shall 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.