Terms of use

>>>This translation is provided for information only. The German version is legally binding.<<<

I. General provisions

These Terms and Conditions apply to all legal transactions and acts involving Trackboxx, Christian Pust, Dorfstr. 12, 22956 Grönwohld (hereinafter the "Provider"). Any terms and conditions of the customer that differ from these Terms and Conditions shall not apply. Any counter-confirmation by the customer referring to its own terms and conditions is expressly rejected. Deviations require the Provider's written confirmation.
The service is offered exclusively to businesses. No contracts are concluded with consumers.

Our service is intended exclusively for business customers. We do not contract with consumers.

II. Formation of the contract and customer account

The contract language is German. The Provider does not store the complete contract text. Before submitting an order through the online shopping basket, customers can print or electronically save the contract details using their browser's print function. Once the Provider receives the order, the customer will receive the order details and these Terms and Conditions again by email.

For quotation requests submitted to the Provider, the customer receives all contract details by email as part of a binding offer and can print or electronically save them.

The Provider's online presentation of its rental services does not constitute a binding offer to enter into a rental agreement. It is an invitation for the customer to submit an offer.

Customers can submit their rental offer through the Provider's online shop system.

By submitting the order, the customer makes a binding rental offer to the Provider. An automated email confirming receipt of the order does not constitute acceptance and does not conclude the contract.

The contract is concluded when the Provider personally confirms acceptance. Acceptance may also be implied, for example by activating the rented software.

If you do not receive personal confirmation within seven working days, you are no longer bound by your offer. Any payments already made will be refunded without delay.
For more information about data protection, please see our  Privacy Policy.

A customer account is required to use the software.

III. Prices and termination

The prices listed in the offers are net prices.

The contract automatically renews for the selected term (monthly or annually) and may be cancelled at any time with effect from the end of the current term.

If the customer exceeds the page-view allowance included in their plan as follows:

1. by more than 50% in one month; or
2. by between 1% and 50% in two consecutive months; or
3. by between 1% and 50% in three out of five months,

the Provider will offer an upgrade to an appropriately larger plan. If the customer declines the upgrade, the Provider may terminate the contract by giving 14 days' notice.

The Provider may also terminate the contract by giving three months' notice.

The right to terminate the contract without notice for good cause remains unaffected.

The Free plan is limited to one account per address. The Provider may deactivate additional accounts.

The Free plan is available exclusively for non-commercial use.

IV. Terms of payment

All payment terms can be reviewed in advance under Prices.

Invoices are due for payment immediately.

V. Availability

The Provider guarantees average annual availability of the rented software of 98%.

The 98% availability commitment does not apply to Free plans.

VI. Liability

The Provider is liable only in cases of intent or gross negligence. Damage caused by computer failures, disruption to email transmission or computer viruses is not considered gross negligence. The customer must take appropriate precautions, including the use of suitable antivirus software.
Liability for slight negligence applies only where material contractual obligations are breached. In such cases, the Provider's liability is limited to EUR 5,000 unless a higher amount has been agreed separately in writing.

VIII. Place of performance and jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The Provider's registered office is the place of performance for all services and the place of jurisdiction.

These Terms and Conditions were prepared by attorney Christoph Becker.