General Terms of Service of 5 POINT AG for the use of teamspace.
1. Scope
These terms apply to all works, services and offerings that 5 POINT AG, Darmstadt (hereinafter: provider) supplies — for a fee or free of charge — to users in relation to the teamspace software developed by the provider. Conflicting terms and conditions do not apply unless the provider has agreed to them in writing.
2. Subject matter
Within the framework of these terms, the provider makes its teamspace software and the related additional services available to all internet users. teamspace is a web-based time tracking and project controlling system for managing companies that work mainly in a project-oriented manner and want to know the current status of their company and individual projects at all times. Times, revenue and expenses can be assigned to the respective customers, projects and cost centres.
To this end, teamspace enables users to retrieve and update all facts about their completed, current and planned projects at the push of a button. In detail, teamspace offers the following technical features:
- Time tracking
- Project controlling
- Area planning
- Profit and loss
- Vacation planning
- Strategy formulation
- Worldwide access
- Overview of expenditures and revenue of your company
3. Right of use / prices
Internet use of teamspace is generally permitted to anyone. The provider distinguishes between free and paid use of teamspace. Use of teamspace for testing purposes is free of charge. teamspace grants the user the right to use a test version of the software for a test period specified in the software. This is freeware, since — apart from internet connection costs — it can be downloaded free of charge from the teamspace website. The test version corresponds in all functions to the corresponding full version.
The full version of teamspace can only be used after prior registration. The use of the full version is subject to a fee. teamspace makes updates available to the registered user at non-fixed intervals during the duration of the registration period.
The contracting partner and party responsible for the teamspace software, the content distributed by it and compliance with these terms by all members is the respective founder, who has to register at the start of use via the registration form. The contract is concluded upon submission of the registration.
Prices are net. The prices of the current price list plus the respective statutory VAT apply. Other deliveries and services for which no price has been agreed at the time of ordering are charged at the list prices valid on the day of provision. Subject to changes in fees.
4. Type of use
The posting and distribution of any material that violates German law, in particular criminal law, as well as the sending of messages or other material that violates the laws of the respective recipient country is prohibited. The right to assert claims for damages in such cases remains reserved.
All clients undertake to observe the provider’s copyright, to safeguard it within the scope of their use, and not to reproduce, transmit or otherwise distribute any copyrighted information, software or other content made available by the provider.
The registrant undertakes to indemnify the provider against all claims for damages that are asserted by third parties against the provider on the basis of damage caused by a client in connection with the use of teamspace.
The provider is permitted to display advertising banners, sponsor contributions or other own or third-party advertising material at any point within the services and capacities provided, including via emails, SMS or other electronic messages sent through teamspace.
5. Availability / warranty
The provider operates teamspace with the diligence and reliability owed. It strives for permanent availability of teamspace. However, the user acknowledges that, for technical reasons and due to dependency on external factors such as telecommunication networks, uninterrupted availability of teamspace cannot be realised, so there is no entitlement of the user to constant accessibility. Merely temporary access restrictions grant neither warranty claims nor a right to extraordinary termination.
In addition to the prevention of access due to external factors beyond the provider’s control, the provider reserves the right to limit access in terms of time and/or scope, in particular in the following cases:
- Temporary blocking of teamspace for the implementation of technical improvements, the elimination of bugs and disruptions, etc.
- Reorganisation / restriction of the usage options pursuant to Clause 2 of these terms
- Reorganisation / restriction of the criteria for usage authorisation pursuant to Clause 3 of these terms
In the event of a permanent restriction of access options, a claim for reduction or a right to extraordinary termination exists only if this restriction affects material rights and obligations within the meaning of § 9 AGBG and this leads to a jeopardising of the contractual purpose.
The provider is liable for damages only in cases of intent or gross negligence. In particular, the provider assumes no liability for data loss, misuse or any other disruption insofar as these originate outside teamspace on the internet, in the telecommunications network or other sources beyond the provider’s influence. In the event of grossly negligent damage to individual users or a team, liability for indirect and direct consequential damage, including lost profits, is excluded.
6. Revocation / termination
The registrant of teamspace has the right to revoke this registration within 14 days of submitting the registration; the deadline is met by timely submission of the revocation. The right of revocation expires, regardless of the time of registration, upon receipt of the usage fees with provision of services by the provider.
Ordinary termination is excluded. If access to teamspace is not properly terminated in writing at least 1 month before expiry of the licence, the licence is extended.
7. Place of performance, applicable law, place of jurisdiction
Place of performance is Darmstadt. The law of the Federal Republic of Germany applies exclusively. For the use of teamspace by merchants within the meaning of commercial law, the place of jurisdiction for all disputes in direct or indirect connection with the use of teamspace is Darmstadt.
As of February 2009