Terms and conditions

Last Updated: November 22, 2022.

Table of contents

• § 1 Contractual object
• § 2 Definitions
• § 3 Performance packages
• § 4 Service packages
• § 5 Occurrence of the contract
• § 6 Duties of Pertuniti
• § 7 Duties of the user
• § 8 Duration of the contract
• § 9 Warranty and liability, limitation of liability
• § 10 Privacy policy
• § 11 Changes to terms and conditions
• § 12 Place of jurisdiction, applicable law, severability clause

§ 1 Contractual object

Pertuniti GmbH, HRB 277130 München, VAT ID DE316404666 (in the following Pertuniti) enables the present contractual partner (in the following customer), to use the service Pertuniti. Subject to the contract are various users. These can be divided into “organization administrator” (viz. at fee-based license the contractual partner who is obliged to pay) and “user” (viz. employees, partners, own customers, clients or similar) of the account. The organization administrator grants access rights for the usage, that can lead to varying service features.

We offer a flexible case management system for all licenses, that helps to organize work processes within a team. Thereby, different information is being managed and stored in a database, and made available for team members according to the selected access rights.

1. The service can be accessed through the common browsers (e.g. Chrome, Safari, Firefox). We offer interfaces for the use of other software. Pertuniti is not responsible for restrictions of usage caused by properties of this software.
2. Pertuniti offers different performance packages, which will be precisely broken down in §3 Performance packages according to available storage space and users. Moreover, so called service packages in accordance with §4 can be ordered by users.
3. Pertuniti reserves to restrict the transfer volumes and bandwidths for up- and downloads.
4. During the fee-based use the customer is provided the service, as far as not agreed elsewise, through continuous invoice indefinitely until termination.
5. Pertuniti provides, if necessary, further helpful software (e.g. apps for servers or mobile devices) for the devices of the users free of charge. This software can serve to automatize or improve the integration of present devices and software with the Pertuniti application.

§ 2 Definitions

1. Pertuniti application
   The Pertuniti application is a cloud service, which allows to organize cases in a team within organizations or beyond organizational boundaries. The service is provided as a web application and organizes contacts, documents, tasks and calendar entries within cases. The cases are provided to users (4) of the same organization (2) under consideration of the selected access rights.
2. Organization
   An organization is a set of users (4), consisting of at least the organization administrator and possibly other users with access rights. The organization administrator can invite new users and is responsible for the management of access rights of the organization. Depending on the selected performance package, costs can occur. Within an organization, user groups (3) can be created, to simplify the management of access rights.
3. Group
   A group is a set of users (4) of an organization (2).
4. User
   A user can be organization administrator of an organization (2) or can be invited by this one to the organization. A user can be part of various organizations and possibly own various organizations. The access rights between different organizations can vary in this case. Users in an organization are classified into one of three categories: Regular users (6), Associate users (7) or Readers (8).
5. Case
   A case is a collection of contacts, documents, tasks, calendar entries and possibly additional case elements (e.g. properties). Access rights can be granted by the organization administrator of the organization (2) or the creator of the case to groups (3) and users (4).
6. Regular user
   Regular users can use all features available in the respective performance package. Users with administrator rights also fall into the Regular user (6) category.
7. Associate users
   Associate users have limited access to features available in the respective performance package. This account type is meant to enable collaboration on cases (5) beyond read-only access.
8. Leser
   Reader users are granted read-only access to cases (5).

§ 3 Performance packages

We currently offer three different performance packages:

1. „Business“
   The “Business” package is intended for business use for small and medium-sized teams. In this package, an organization is limited to a maximum of 20 users, with a total of 15 users allowed to belong to the Regular User and Associate User categories, and a total of five users allowed to belong to the Reader category.
   In this package, we provide support via e-mail within five business days. Support is limited as a contingent to 20 minutes per month. For higher support needs, an Enterprise package should be negotiated individually.

2. „Professional“
   The “Professional” package is intended for commercial use for small and medium-sized teams with higher requirements in regard to available modeling languages, storage requirements and automation. In this package, an organization is limited to a maximum of 70 users, with a total of 50 users allowed to belong to the Regular User and Associate User categories, and a total of 20 users allowed to belong to the Reader category.
   In this package, at least five users are billed that are assigned to the Regular User or Associate User categories. At least one user from an organization must be a Regular User. If fewer than five Regular or Associate users have been set up, any missing users will be billed at the more cost-effective category applicable to the customer.
   In this package we provide support via email within two business days. Support is limited as a contingent to 30 minutes per month, from 10 regular users the contingent is limited to 45 minutes per month. For higher support needs, an Enterprise package should be negotiated individually.

3. „Enterprise“
   For large teams or special requirements. This package is negotiated individually with contract partners. Examples of special requirements are increased support needs, increased storage needs, account managers, branding, integration or automation, location of data, special service level agreements.

§ 4 Service packages

On a consulting basis, we offer additional services. These are negotiated individually with contractual partners.

§ 5 Occurrence of the contract

1. Paid use in the “Business” or “Professional” package
   Pertuniti provides the present contractual partner the Pertuniti application on the website https://app.pertuniti.de/. To be able to use the application, the contractual partner has to determine a user name and a password for authentication. The user has to confirm acknowledging the present terms and conditions and privacy notice. The paid “Business” package and the paid “Professional” package are only concluded after the order by the client has been reviewed by Pertuniti and an order confirmation has been issued by Pertuniti. The customer can see all the contract texts on the website and the current status of the contract in the Pertuniti application at any time. Nevertheless, the user is recommended to save these texts.
2. Paid use in the “Enterprise” package
   The in accordance with §3 (3) individually negotiated contractual conditions apply.
3. Contract language
   The contract language is German, as far as no other contract language has been negotiated in accordance with §5 (2).

§ 6 Duties of Pertuniti

1. Pertuniti is obligated to provide the user the contractual object permanently for the contractual period, insofar as he has a functioning access to the internet and can ensure a proper transmission of data in, respectively from, the internet at his connection. The accessibility of certain target networks or -pages are not owed by Pertuniti.
2. To use the Pertuniti application, no separate application of Pertuniti is necessary: A common browser (e.g. Chrome, Safari, Firefox) is sufficient.
3. Pertuniti is not responsible for the functioning or performance capability of the transmission systems from the side of the user, as well as not for the performances of communication and transmission systems of third parties.
4. The average availability of the service accounts for at least 97% in fee-based performance packages. The availability is met, when the service was available for at least 97% of the time of a month. For the “Business” performance package and the “Professional” performance package, the following discount applies for a breach of this availability: 10% discount on a common invoice amount at an availability of below 97%. The discount does not extend to other services.

§ 7 Duties of the user

1. The user is obligated to transmit data exclusively under use and recognition of the adopted measures in accordance to the internet protocol https. He may exclusively use the by default recognized or by Pertuniti prescribed interfaces. Deviations require a written authorization or separate contractual conditions according to §3 (3).
2. The user is obligated to keep the login information provided to him secret, and to store them safe from access by unauthorized third parties, so that an abuse of the data for access by third parties is impossible. Third parties, who use the Pertuniti access with knowledge and consent by the user, are not authorized to it.
3. The user must not use the service for the conduct of criminal offences, as especially but not restricted to offences against sexual self-determination, appointment or call to acts of violence, violations of intellectual property rights, fraudulent actions, defamations, insults or computer crimes or other criminal offences.
4. The users are required to comply with their country-specific privacy policy and especially the European General Data Protection Regulation.
5. If a third party holds the user and/or Pertuniti liable due to infringements of the user in the course of the use of the contractual object, especially due to criminal offences or violations of intellectual property rights, Pertuniti is authorized to immediately prohibit the user the use of the service and disable her or his access, as long as the asserted claim has not been legally bindingly rejected by a court of justice or the third party renounces his claims bindingly.
6. In the case of a blocking of the service in accordance with paragraph 5), Pertuniti is authorized to extraordinarily terminate the contract. In the “Business” and “Professional” performance package, already paid fees will not be refunded in this case. For the “Enterprise” performance package, the individually negotiated contractual conditions apply.
7. The user himself is responsible for the protection of his data. Especially, the user is responsible for the protection of his access information (e-mail, password). This has to take place in appropriate intervals and with a technique, which corresponds the proven and current state-of-the-art.

§ 8 Duration of the contract

1. The contract for the use of the Pertuniti application starts with the activation of the service and ends with its cancellation. With a change of the performance package in accordance with §3, the contract ends and a new contract with the respective performance package in accordance with §3 begins.
2. With monthly contracts in accordance with §3 (1) of the “Business” performance package and §3 (2) of the “Professional” performance package, the customer can cancel the contract until 14 days before the end of the month through a declaration towards Pertuniti. Such a declaration can take place in textual form (e.g. e-mail). This is performed by an authorized person and should reasonably be relatable to the customer.
3. For contracts in accordance with §3 (3) of the “Enterprise” performance package, the contractual period is negotiated individually.

§ 9 Warranty and liability, limitation of liability

1. If there is a deficiency to the contractual object which is the fault of Pertuniti, Pertuniti can at her option remedy the deficiency or create a contractual object without deficiency (supplementary performance).
2. Pertuniti is liable within the legal regulations respectively unlimited for damages
   1. due to violations to the life, the body or the health, which is based on an intentional or negligent breach of duty respective otherwise on intentional or negligent behavior of Pertuniti or one of her legal representatives or vicarious agents;
   2. due to violations to the life, the body or the health, which is based on an intentional or negligent breach of duty respective otherwise on intentional or negligent behavior of Pertuniti or one of her legal representatives or vicarious agents;
   3. which are based on an intentional or grossly negligent breach of duty respective otherwise on intentional or grossly negligent behavior of Pertuniti or one of her legal representatives or vicarious agents.
3. Pertuniti is liable under limitation of compensation of the contractually typical damage for such damages, which are based on a slightly negligent violation of secondary obligations through Pertuniti or one of her legal representatives or vicarious agents. Essential duties are duties, whose fulfillment is required for the proper execution of the contract and upon whose adherence the customer can reasonably expect.
4. Pertuniti is liable for other cases of slightly negligent behavior limited to the sextuple of the monthly rent per case of damage.
5. The liability without fault of Pertuniti in accordance with § 536a Abs. 1, 1. Alternative German Civil Code (BGB) due to deficiencies, which are already existent at the time of the conclusion of the contract, are excluded.
6. Pertuniti is liable in simple negligence-caused data loss only for such damage, which would have also occurred at proper and regular data protection by the purchaser, that is appropriate to the importance of the data; this limitation does not apply, if the data protection had been hindered or made impossible due to reasons for which Pertuniti can reasonably be held responsible.
7. The above-mentioned provisions apply correspondingly also for the liability of Pertuniti in regard to the compensation of futile efforts.
8. The liability in accordance with the product liability law (German ProHaftG) remains untouched.
9. If above-mentioned provisions are not regulating divergently, liability is excluded. Pertuniti is especially not liable for damages, that occur because:
   1. the user makes his username and/or his password negligently or intentionally accessible to a third party,
   2. the user invites undesired third parties into his organization and damages are caused by these persons,
   3. the user does not check the intactness of the SSL connection,
   4. the user assigns wrong access rights,
   5. the user uses the Pertuniti application from a device, which is operated without software according to the state-of-the-art against malware.

§ 10 Privacy policy

1. The user declares his consent, that Pertuniti collects, processes and uses the necessary data within the limits of the law. This takes place in accordance with the privacy notice published on the website www.pertuniti.de.
2. Should a customer need a contract concerning the data processing agreement (DPA), s/he shall contact legal@pertuniti.de by e-mail.

§ 11 Changes to terms and conditions

1. Pertuniti is authorized for changes to the terms and conditions. Pertuniti will perform these changes only due to valid reasons, especially due to new technical developments, changes to the jurisprudence of the supreme court(s) and/or laws or other equivalent reasons.
2. Is the contractual equilibrium between the parties substantially disturbed by the change, the change remains undone.
3. Apart from that, changes require the approval of the customer. In this case, the customer is informed about the planned change in textual form. The customer then has the possibility to object to the change within four weeks. If there is no objection, the terms and conditions of the changed version apply.
4. If the customer objects, Pertuniti reserves the right to properly terminate the contractual relationship, if a continuation of it without validity of the changed terms and condition is not reasonable.

§ 12 Place of jurisdiction, applicable law, severability clause

1. Place of fulfillment and jurisdiction for performances, payments and all liabilities is – if the orderer is merchant in the sense of the German Commercial Code, legal entity of public law or public-law special assets – exclusively München.
2. To the contractual mutual duties, whose occurrence, interpretation and execution as well as all therefrom resulting contractual and business relations, German law is applied.
3. Should a provision of this contract be or become invalid, the validity of this contract apart from this is not touched.