Conditions of provision of LOGMEIN products and services by kompaktwerk
(1) kompaktwerk GmbH (“kompaktwerk”) optimizes the omnichannel sales & service of companies and is a supplier of digital engagement solutions for e-commerce (online sales & service) as well as contact centers.
(2) Within the scope of this activity kompaktwerk offers, among others, products and services of the company LogMeIn Ireland Limited, The Reflector, Hanover Quay, Dublin 2, Ireland (“LOGMEIN”).
§ 2Subject matter, conclusion of contract, amendment of contract
(1) These terms and conditions govern the provision of LOGMEIN products and services (“LOGMEIN Services”) by kompaktwerk and form the basis for any use by registered users.
(2) These Terms and Conditions shall apply to the relationship between kompaktwerk and the User, provided that the contract for the provision of LOGMEIN Services is concluded directly between kompaktwerk and the User. These Terms and Conditions do not apply if kompaktwerk has merely referred the User to LOGMEIN and the contract for the provision of LOGMEIN Services is concluded between LOGMEIN and the User.
(3) Conflicting or deviating general terms and conditions of the User are not recognized unless kompaktwerk has agreed to their validity in writing.
§ 3Service description
(1) The functional scope of the LOGMEIN Services is defined in their respective service description https://www.logmeininc.com/de/legal/service-descriptions. If no service description and service level are agreed upon in the contract, those of the LOGMEIN Service Description and the LOGMEIN Standard Service Level Agreement (SLA) that apply to the respective LOGMEIN Service shall apply. The user has a claim only to the provision of the described function, but not to a specific technical implementation. A suitability of the LOGMEIN Services for a certain purpose will only become the basis of this user relationship if this has been expressly assured or confirmed by kompaktwerk in text form.
(2) kompaktwerk or LOGMEIN may limit the scope of functions of the LOGMEIN Services vis-à-vis the User as of the beginning of the respective next period of use for which no fee has yet been paid, provided that an ordinary termination of the contract would not be excluded at that time either. kompaktwerk will notify the User at least two weeks in advance of the restriction of the scope of use and the User’s right of termination by e-mail to the e-mail address stored for the User. Extensions of the functional scope of the LOGMEIN Services are also possible during the current period of use if this does not entail an increase in the fee.
(3) LOGMEIN Services are offered in accordance with widespread medium programming and security standards. LOGMEIN services are constantly evolving to accommodate changes in programming and security standards. However, LOGMEIN Services are neither programmed nor intended for the processing and dissemination of data that are subject to special confidentiality and secrecy interests. Rather, such data must be encrypted separately before being stored in LOGMEIN Services.
(4) The use of LOGMEIN Services requires the user to have a powerful desktop or notebook computer with an up-to-date operating system and web browser, as well as a stable broadband Internet connection. When using mobile devices such as tablets or smartphones, older operating systems, older web browsers or a slower internet connection, the display, functionality and response speed of LOGMEIN Services may be limited.
(5) LOGMEIN provides user support and troubleshooting (“Support”) within the scope of LOGMEIN Services subject to a charge. Troubleshooting is included in every LOGMEIN service for which a fee is charged; the scope of further user support depends on the respective service description of the offer. The User may contact the support address published by kompaktwerk or LOGMEIN by e-mail at any time. Warranty claims of the User against kompaktwerk remain unaffected.
§ 4Right of use, transferability
(2) The User grants LOGMEIN and kompaktwerk the right to use trademarks and other protectable designations within the meaning of § 1 MarkenG (German Trademark Act), as well as name rights to the extent necessary to provide the LOGMEIN Services. The use of the aforementioned rights by LOGMEIN or kompaktwerk for reference and advertising purposes of LOGMEIN or kompaktwerk remains subject to a separate agreement.
(3) LOGMEIN Services may include the use of open source software programs (OSS) published under various licenses. The granting of rights to OSS shall be governed by the provisions of the underlying license terms. The liability as well as warranty of the authors and editors of the OSS for this free transfer of use is determined by the statutory provisions on donations. The liability and warranty of kompaktwerk based on this user relationship remains unaffected.
(4) The use of LOGMEIN Services beyond the agreed or intended purpose or scope is prohibited. In particular, the User is not entitled to enable third parties to use LOGMEIN Services by renting, lending or otherwise providing usage options. The user will not attempt to gain access to non-enabled chargeable functions by circumventing protective measures. The User shall not undertake to create a permanent copy of the design and functionality of LOGMEIN Services or any part thereof for its own commercial purposes, unless such copy is made exclusively using freely usable software from other sources. The user does not have the right to edit or create works based on LOGMEIN Services.
(5) The User grants kompaktwerk and LOGMEIN the non-exclusive, perpetual right to reproduce content (text, images, video, audio, software) created by the User and uploaded to LOGMEIN Services within the technical infrastructure of LOGMEIN Services. The User grants kompaktwerk and LOGMEIN the non-exclusive, time-limited right to publicly reproduce such content, provided that this is done within the scope of the normal operation of the Service.
§ 5Data protection, data security
(1) Both parties shall comply with the applicable data protection provisions, in particular those valid in Germany, and shall oblige their employees deployed in connection with the contract to observe data secrecy pursuant to Section 5 of the German Federal Data Protection Act (BDSG), insofar as they are not already obligated to do so.
(3) Insofar as personal data is collected in a written user contract, it shall only be processed and transmitted to third parties (e.g. payment service providers) for the purpose of executing the contract. Use for other purposes (e.g. advertising, market research) only takes place on the basis of separate consent.
(4) If the User collects, processes or uses personal data by itself, by LOGMEIN or by kompaktwerk, it warrants that it will do so in compliance with applicable laws, in particular the law on data privacy protection. data protection regulations and shall indemnify LOGMEIN and kompaktwerk against any claims of third parties in the event of a violation.
(5) Insofar as kompaktwerk processes personal data of the User’s end customers, prospective customers, employees or suppliers on behalf of the User, this shall be done within the scope of commissioned data processing pursuant to. Art. 32 par. 1 GDPR.
§ 6 Duties and obligations of the user
(1) The User undertakes to pay the agreed remuneration for the respectively booked functions in accordance with the respectively valid price list as well as § 10.
(2) When registering for LOGMEIN Services, the User shall provide the requested data, including name and valid e-mail address. The user is free to choose his password and undertakes to choose a secure password, i.e. sufficiently long and complex. The user undertakes not to disclose his password to other persons and to take appropriate protective measures to prevent third parties from gaining knowledge of it.
(3) The User agrees to upload only such content (e.g. text, images, audio, video) to LOGMEIN Services for which the User has sufficient rights of use with respect to industrial property rights (e.g. trademarks and labelling rights) and copyright.
(4) The User shall only collect, store or process personal data of third parties with their effective consent or within the scope of legal permissions by means of LOGMEIN Services. In particular, the user will only transmit unsolicited promotional communications to other users or third parties in accordance with applicable law (no spamming).
(5) The User shall not use LOGMEIN Services or allow LOGMEIN Services to be used to transmit illegal or immoral content or to refer to such content. This includes, in particular, content that incites hatred, glorifies or trivializes violence, is pornographic, sexually offensive or otherwise harmful to minors, as well as content that incites criminal acts or violates competition or other laws.
(6) The User shall not use the LOGMEIN Services itself or through any other person in any other way that could reasonably be expected to create or increase a liability risk for LOGMEIN or kompaktwerk.
(7) The User shall not attempt, either by itself or through other persons, to gain access to data within the technical infrastructure of LOGMEIN or kompaktwerk that is not intended for use by the User in the normal operation of LOGMEIN Services. Furthermore, the user will not interfere with the intended operation of the software or data networks used, either himself or through other persons.
(8) The User shall inform LOGMEIN and/or kompaktwerk without undue delay about any errors, security gaps or other vulnerabilities on LOGMEIN Services, which have become known to the User by accident or by third parties.
(9) The User shall indemnify LOGMEIN and kompaktwerk (including their legal representatives, employees and/or other agents) without limitation against all actions, claims, costs, charges, losses, demands and expenses of third parties arising from any use of LOGMEIN Services by the User or with the User’s consent that is contrary to law and/or to this Agreement. This applies in particular to any claims asserted and any judicial or extrajudicial proceedings resulting from data protection, competition, copyright, trademark or other laws in connection with the use of LOGMEIN Services by the User or the user name assigned to the User. This does not apply if the reaction of LOGMEIN or kompaktwerk to the asserted claims contradicts the declared will of the user. Claims for damages by LOGMEIN or kompaktwerk due to established or acknowledged violations of the law by or with the approval of the user remain unaffected.
(10) The user is obligated to keep all content and data transmitted to LOGMEIN Services on his own systems and to back them up regularly and in accordance with the risk.
(11) The User agrees to pay for any use of LOGMEIN or kompaktwerk support that is neither due to a defect of LOGMEIN Services (including reduced availability) nor otherwise included in the agreed scope of support at the agreed, otherwise the usual fee level.
§ 7 Third-party products, “plug-ins
(1) The User has the option to use third-party software, e.g. plug-ins or add-ons, together with LOGMEIN Services, as long as such third-party software does not interfere with the regular operation of LOGMEIN Services. kompaktwerk or LOGMEIN may prohibit the use of certain third party software if kompaktwerk or LOGMEIN suspects that this third party software impairs the operation of the LOGMEIN Services.
(2) The terms and conditions of use of the third-party software, including the warranty for the third-party software, are governed exclusively by the contract between the user and the provider of the third-party software. Neither kompaktwerk nor LOGMEIN assume any warranty or liability with respect to third party software, nor are kompaktwerk or LOGMEIN obligated to maintain existing interfaces for the entire term of the usage relationship of LOGMEIN Services. Rather, kompaktwerk or LOGMEIN has the possibility to change existing interfaces at any time, to redefine them technically or in terms of content, to replace them completely or to take them out of operation. Impending changes to interfaces should be pointed out at an early stage.
(3) Third-party software may possibly access data of the User and, if applicable, the User’s end customers stored in the LOGMEIN Services within the scope of its intended use. The user is solely responsible for the legality of data access by third party software in relation to kompaktwerk or LOGMEIN.
§ 8 Secrecy
(1) In the course of the contract negotiations and the performance of the contract, the parties may become aware of business and trade secrets as well as information of the other party which is designated as confidential or which is recognizably to be treated as confidential due to other circumstances. Each party undertakes to maintain strictest secrecy about all aforementioned information of the other party or the companies affiliated with the other party pursuant to Section 15 of the German Stock Corporation Act (AktG) that has become known to it or becomes known to it, even beyond the end of this usage relationship, and not to use it for purposes that do not serve the interests of the other party. This obligation to maintain confidentiality expressly also applies to business and trade secrets as well as information of LOGMEIN and its affiliated companies that is to be treated confidentially. Each party shall release the other party from the obligation to maintain secrecy insofar as the other party is obliged to disclose the information by law or on the basis of a sovereign order.
(2) The parties shall carefully store the business documents and data handed over to them, protect them against unauthorized inspection by third parties and return or delete them at the end of the usage relationship. The assertion of a right of retention is excluded. Each Party shall, upon request, confirm in writing to the other Party that it is no longer in possession of any documents or data of any kind owned by the other Party or provided to it by the other Party in connection with this User Relationship.
§ 9 Consequences of the use of LOGMEIN Services in breach of contract
(1) An infringement by the User or a third party using the User’s username against § 6 para. (2) to (6) entitles LOGMEIN or kompaktwerk to restrict or block the User’s access to LOGMEIN Services. This restriction or blocking may include the inaccessibility of all data posted by the user. LOGMEIN or kompaktwerk will request the User to permanently cease and desist or to remedy the violation prior to blocking, unless there is reason to believe that further damage could occur or the risk of damage occurring would be increased by delaying the blocking. Further claims against the user remain unaffected.
(2) LOGMEIN or kompaktwerk may make the lifting of the blocking conditional upon the submission of a cease-and-desist declaration by the User and/or the provision of security up to the amount of the threatened damage, unless these conditions are grossly disproportionate to the infringement or the User proves that a lesser or no damage is threatened.
(3) If the User does not remedy the violation within a reasonable period of time despite being blocked and requested to do so, kompaktwerk shall be entitled to terminate the contract for cause according to §§ 3. § 15 para. (3) authorized.
(4) Content that violates the law and/or the terms of the contract in accordance with § 6 para. (5) or references to such content can also be individually deleted or blocked by LOGMEIN or kompaktwerk. In cases of doubt, in particular with regard to the existence or aggravation of a liability risk for LOGMEIN or kompaktwerk pursuant to. § 6 para. (6), LOGMEIN or kompaktwerk is also entitled to block or delete the data until the legal and/or contractual infringement has been finally clarified.
§ 10 Terms of payment
(1) Payments by the User shall be made by the agreed payment date, otherwise within 30 days of receipt of the invoice. Monthly, quarterly or annually recurring payment obligations must be fulfilled in advance by the 10th calendar day of each month, quarter or year.
(2) If the User chooses to pay by credit card, LOGMEIN or kompaktwerk is free to bill all LOGMEIN Services in periods of 12 months each.
(3) The user is not entitled to discounts or other deductions.
(4) The User is obligated to keep the payment information (e.g. credit card number) provided during the registration of LOGMEIN Services or otherwise brought to the attention of LOGMEIN or kompaktwerk up to date at all times. The User shall reimburse LOGMEIN or kompaktwerk for all costs incurred due to the non-execution of payments by payment service providers used by the User (e.g. credit card companies of the User). The regulations on default of payment of the user remain unaffected
(5) Offsetting is only possible with undisputed or legally established claims. A right of retention may only be asserted on the basis of counterclaims arising from this contractual relationship.
§ 11 Delay
(1) If the User is in default of payment, LOGMEIN or kompaktwerk is entitled to restrict or block the User’s access to LOGMEIN Services until payment is made in full. The blocking does not release the user from his obligation to pay.
(2) If the user
2.i) for two consecutive payment periods with a predominant part of its payment obligation, or
2.ii) in a period of more than two months with an amount that reaches the fee for two months, kompaktwerk is entitled to terminate the usage relationship without notice for good cause.
(3) LOGMEIN or kompaktwerk reserves the right to assert further claims due to delayed payment.
(4) If LOGMEIN or kompaktwerk is in default of its obligation to perform pursuant to § 4. § 3, the consequences shall be governed by § 12.
§ 12 Claims for Defects and Reimbursement
(1) kompaktwerk warrants the functionality of LOGMEIN Services with the features specified in § 3 as well as in the respective service description exclusively within the scope of the promised availability. In the event of service disruptions, kompaktwerk or LOGMEIN will restore LOGMEIN Services to the agreed condition by means of qualified rectification.
(2) kompaktwerk does not assume any guarantee for a certain property of the service and does not assure this. Technical data, specifications and performance information in this contract or related documents serve solely to describe performance and are not guarantees in the legal sense.
(3) Claims of the User for reduction of the fee due to reduced availability of the agreed services shall be calculated as the ratio of the actually determined availability in the affected month and the agreed availability for the affected month. A corresponding reduction amount will be credited to the user account of the user and will be charged at the next booking. Reduction amounts over 100 euros will be refunded at the request of the user via the means of payment that was used for the booking.
§ 13 Force majeure
(1) kompaktwerk shall not be liable for events of force majeure that significantly impede LOGMEIN’s or kompaktwerk’s contractual performance, temporarily hinder the proper execution of the contract or make it impossible. Force majeure shall mean all circumstances independent of the will and influence of the Contracting Parties, such as natural disasters, governmental actions, decisions of authorities, blockades, war and other military conflicts, mobilization, civil unrest, terrorist attacks, strikes, lockouts and other labor disturbances, seizures, embargoes or other circumstances that are unforeseeable, serious and beyond the control of the Contracting Parties and occur after the conclusion of this Agreement.
(2) LOGMEIN or kompaktwerk, as the case may be, shall inform the User by e-mail without undue delay after the occurrence of the force majeure event about the nature of the event, the time, the date of its occurrence and the expected impact of the outcome on their ability to fulfill their contractual obligations.
(3) LOGMEIN or kompaktwerk, as the case may be, shall notify the User of such termination immediately after the force majeure event has ended and shall resume the performance of its obligations.
(4) LOGMEIN or kompaktwerk shall do everything in its power that is necessary and reasonable to mitigate the extent of the delay or non-performance and its consequences caused by force majeure. This shall also apply if the cause of the delay or non-performance does not lie within its own area of responsibility. Additional costs resulting from this shall be borne by the contracting party in whose area of responsibility the cause lies.
(5) As soon as it is determined that the force majeure lasts longer than three (3) months, the User shall be entitled to terminate the affected LOGMEIN Services with a notice period of one (1) month.
§ 14 Liability
(1) The contracting parties shall be liable to each other in accordance with the general statutory provisions insofar as the respective other contracting party asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or vicarious agents.
(2) As far as kompaktwerk is charged with the slightly negligent breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place, the breach of which endangers the achievement of the purpose of the contract and on the compliance with which the User can regularly rely, kompaktwerk’s liability for damages is limited to the foreseeable, typically occurring damage.
(3) Liability for culpable injury to life, limb or health and liability under the Product Liability Act shall remain unaffected.
(4) Apart from that, kompaktwerk’s liability towards the User is excluded.
§ 15 Term of Contract, Termination
(2) Upon request, the User shall confirm to LOGMEIN or kompaktwerk the extension of the usage relationship. Such confirmation is purely declaratory and has no constitutive effect on the extension of the usage relationship.
(3) The right to terminate for cause remains unaffected. If the good cause lies in the breach of a contractual obligation by one of the parties, the latter shall first be given the opportunity to cease the breach of contract or to remedy it within a reasonable period of time before termination. In case of doubt, a period of 30 days is reasonable.
(4) All notices of termination under this Agreement shall be in writing. Electronic transmission of the written notice of termination (by fax or scanned in e-mail) is sufficient.
§ 16 Consequences of the termination of the user relationship
(1) In the event of termination of the user relationship, the user is obligated to immediately remove all references, notes, “tags” and program code to LOGMEIN Services from its web pages and other publicly accessible company information (including advertising materials, etc.).
(2) If the user relationship is terminated in its entirety, LOGMEIN or kompaktwerk will delete the data and content entered by the user no later than 30 days after termination, unless data is merely blocked due to mandatory retention obligations. In any case, it is the user’s responsibility to transfer to his own system, before the termination of the user relationship, those data and contents that are needed beyond the termination of the user relationship.
§ 17 Final provisions
(1) The User may transfer the rights and obligations under this Agreement in its entirety to third parties only with the prior written consent of kompaktwerk. kompaktwerk, on the other hand, is entitled to transfer the rights and obligations arising from this contract to a group company within the meaning of Section 15 of the German Stock Corporation Act.
(2) The contractual relations shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(3) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this user relationship shall be Cologne, Germany, provided that no other exclusive jurisdiction exists.