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Terms and conditions

The following translation is intended exclusively for your information. In the case of discrepancies or contradictions between this translated version and the German version (including, but not restricted to delays in translation), the German version is authoritative.

Last Updated: November 23, 2018.

Table of contents

§ 1 Contractual object

Pertuniti GmbH, HRB 34638 Nürnberg, 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 (e.g. CalDAV, CardDAV). 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.
  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).

§ 3 Performance packages

We currently offer three different performance packages:

  1. “Free”
    The package “Free” is free of charge and intended for demo purposes and the non-commercial use of the Pertuniti application. In this package, an organization is limited to a maximum of three users, 500 contacts and a storage contingent of 1 GB.
  2. “Professional”
    The package “Professional” is intended for the commercial or private use in small to medium teams. For this package, a data processing agreement (DPA) can be concluded with Pertuniti (via e-mail). Here we will provide support via e-mail within two working days. The “Professional” package includes rights management which is to be configured by the organization administrator. The processing of the data takes place in a German data center or in the premises of the Pertuniti GmbH (within Germany).
    The costs for the “Professional” package is invoiced according to use. As a basis, a contingent of three users and 300 GB storage space for 29,00€ monthly (excl. VAT) is available. For each additional user, for 20,00€ monthly (excl. VAT) the contingent of the organization increases by 200 GB.
    The support is limited to a contingent of 30 minutes monthly for the first three users and increases by 15 minutes per additional user respectively up to a maximum of 4 hours monthly. For higher support requirements, an Enterprise package should be negotiated individually.
  3. “Enterprise”
    For big teams or special requirements. This package is negotiated individually with contractual partners. Contact us under marketing@pertuniti.de! Examples for special requirements are individual premium support (telephone, chat, …), account manager, branding, integration or automatization, location of data or processing or additional requirements on negotiating basis.

§ 4 Service packages

We currently offer the following fee-based services:

  1. Creation or adaptation of document templates
  2. Instruction for the software on-site (respectively trainings of employees)
  3. Transmission of existing data

§ 5 Occurrence of the contract

  1. Free use of the “Free” 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 “Free”-package that is free of charge comes about only through the successful confirmation of the e-mail address. 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. Fee-based use of the “Professional” package:
    The user of type “organization administrator” can switch from the “Free” package to the use of the fee-based “Professional” package at any time (Settings -> My organization). Thereby the hitherto missing payment details and the desired invoice address are being collected and saved. The contract for the use of the service of the “Professional”-package comes about through the explicit confirmation by Pertuniti. Bookings on the website www.pertuniti.de or www.pertuniti.com exclusively refer to standardized packages. Extensions of storage- and user contingent in accordance with §3 (2) take place directly in the settings in “My organization”. Other extensions and changes can be commissioned via e-mail to support@pertuniti.de and are valid as a new contract only after a confirmation by Pertuniti. For each customer a maximum user contingent is determined, to protect the customers of Pertuniti from abuse and application errors. This maximum can be increased individually in consultation with Pertuniti by contacting support@pertuniti.de.
  3. Entgeltliche Nutzung im „Enterprise“-Paket:
    The in accordance with §3 (3) individually negotiated contractual conditions apply.
  4. The contract language is German, as far as no other contract language has been negotiated in accordance with §5 (3).

§ 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 98% in fee-based performance packages. The availability is met, when the service was available for at least 98% of the time of a month. For 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 98%.

§ 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 “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 (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), he orders an appropriate performance package with Pertuniti in accordance with §3 (2) or §3 (3) and by email promptly contacts legal@pertuniti.de for the contract.

§ 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 Nuremberg.
  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. If one of the provisions of this contract is or becomes invalid, the validity of the provisions apart from this are not touched. Should a provision of this contract be or become invalid, the validity of this contract apart from this is not touched.