Terms and conditions

§ 1 Scope

These general terms and conditions apply to all contracts between Bergx2 GmbH (hereinafter “Provider”) and its customers (hereinafter “Customer”) on the use of the software-as-a-service solution vivotempo (hereinafter “Service”). vivotempo is a project of the Bergx2 GmbH group.

The offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law.

Deviating terms of the Customer are not recognised unless the Provider expressly agrees to them in writing.

§ 2 Subject matter

The Provider makes available to the Customer cloud-based software for managing leave and absences, supplemented, depending on the booked scope, by time tracking, sick leave, terminals and an interface for reading data.

The specific scope of services results from the service description and the pricing page at the time of booking.

§ 3 Conclusion of contract and trial period

The contract is concluded by the Customer registering and the customer account being provided. The contract language is German.

New customers can first test the Service free of charge for two months. The trial period ends automatically; paid use only begins when the Customer books a subscription.

The Customer provides complete and truthful information when registering and keeps it up to date.

§ 4 Services and availability

The Provider makes the agreed features available via the internet; access is via common web browsers. The Provider may further develop the Service as long as the agreed features are not significantly restricted.

The Provider guarantees an average availability of the Service of 99 % on an annual average. Planned maintenance and disruptions beyond the Provider's control are excluded.

§ 5 Prices and payment

Prices are based on the pricing page at the time of booking and apply per user. All prices are subject to statutory VAT.

The fee is payable in advance for the selected billing period and is paid via the payment service Mollie or by bank transfer. In the event of late payment, the Provider may block access after prior notice.

§ 6 Term and termination

Subscriptions run for the selected billing period, for example one month or one year, and are extended by the same period unless cancelled before the end of the current period. Cancellation is possible in the account settings or by email.

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the Customer is in default of payment for two consecutive billing periods or breaches material contractual obligations.

After the end of the contract, the Provider provides the Customer with an export of its data on request and then deletes the data, unless statutory retention obligations apply.

§ 7 Obligations of the Customer

The Customer keeps access data secret and is responsible for the use of the Service by its employees.

The Customer is responsible for the lawfulness of processing its employees' data, in particular for any required consent, for example for face recognition at the terminal, and for involving a works council.

§ 8 Warranty

The Provider warrants that the Service offers the contractually agreed features and is free of defects of title. In the event of defects, the Provider will, at its option, remedy them or provide a replacement.

The warranty does not apply where defects are due to improper use, modifications or interventions by the Customer or third parties.

§ 9 Liability

The Provider is liable without limitation for intent and gross negligence as well as for injury to life, body and health. For slight negligence, the Provider is only liable for breaches of material contractual obligations (cardinal obligations), limited to the typical, foreseeable damage.

Liability for indirect damage, consequential damage and loss of profit is excluded unless there is intent or gross negligence.

§ 10 Data protection and processing on behalf

The provider complies with data protection law, in particular the GDPR. Where the provider processes personal data on behalf of the customer, the Data Processing Agreement (DPA) under Art. 28 GDPR applies, which is available on the vivotempo website. It becomes part of the contract when the contract is concluded and can additionally be accepted explicitly in the customer account. Details on data processing are given in the privacy policy.

§ 11 Rights of use

All rights to the Service and the associated documentation remain with the Provider. For the term of the contract, the Customer receives a non-exclusive, non-transferable right to use the Service.

§ 12 Changes to the terms

The Provider may change these terms with six weeks' notice. If the Customer does not object within four weeks of notification, the amended terms are deemed accepted. The Provider will point out the right to object and the meaning of the deadline in the notification.

§ 13 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of performance and jurisdiction is, as far as legally permissible, the registered office of the Provider.

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.