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Version: 2.0
As of: September 7, 2023
iHive GmbH (hereinafter “iHive”) provides products, software and services (hereinafter collectively “Services”) under *.ihive.de* and other top-level subdomains. By using these services, the user agrees to these General Terms and Conditions (hereinafter “GTC”).
iHive reserves the right to amend the Terms and Conditions at any time without prior notice. The most current version of the General Terms and Conditions can be viewed at http://ihive.de/agb.
If individual provisions of these General Terms and Conditions are or become invalid, the validity of the remaining provisions remains unaffected.
iHive retains all copyright and other rights in the Services. The user is not entitled to remove, obscure or change legal notices (e.g. copyright or trademark notices). The user may not use the iHive trademarks for their own purposes, regardless of their nature.
By violating the provisions, the user forfeits their right to use the services and entitles iHive to block the affected user account or access to the services
These Terms and Conditions constitute the entire agreement between the user and iHive and supersede all previous agreements under this title. Verbal collateral agreements do not exist.
The scope of services and the current price list and license models for the applications can be found at www.iHive.de .
iHive provides the user with corresponding documentation for the software as online help.
Once the contract period has expired, the right to use the software expires.
The user undertakes to use the software as intended and to pay the agreed amounts on time.
The user is further obliged in particular to
not to transmit any information with illegal or immoral content that incites racial hatred, glorifies or trivializes violence, or is sexually offensive within the meaning of §130, §130a and §131 of the StGB, i. S.d. §184 StGB are pornographic, glorify war, are likely to seriously endanger children or young people morally or impair their well-being, offend third parties and can damage the reputation of iHive or refer to offers with such content.
To indemnify iHive from third-party claims arising from name, trademark, copyright or other intellectual property disputes associated with the user’s claim, use or registration of their own subdomain name page.
The user is obliged to keep the passwords received from iHive for the purpose of access and its services strictly secret and to inform the provider immediately as soon as he becomes aware that the password is known to unauthorized third parties. If, due to the user’s fault, third parties use iHive’s services through misuse of the passwords, the user is liable to iHive for usage fees and compensation.
The user guarantees that the information provided is correct and complete. He undertakes to inform iHive immediately of any changes to the data provided – in particular the bank details.
The user is not entitled to rent or lease the iHive services or to otherwise allow third parties to use them for a fee.
The contract comes into force from the time stated on the user agreement (contract start) and has an unlimited term.
The contract can be terminated with 8 calendar weeks’ notice to the end of the following month.
iHive may terminate this contract without notice, in particular if
the user violates a contractual obligation,
insolvency proceedings are filed or opened against the user’s assets,
the user defaults on payment of the amount more than three months after the due date.
The right to extraordinary termination for other important reasons remains unaffected.
Ordinary and extraordinary termination must be in writing to be effective. Written form is also maintained by fax.
After termination of the contractual relationship, the provider is no longer obliged to provide the contractual services. The provider can delete all of the user’s data on the server at the earliest 30 days after the end of the contract. The timely storage and backup of the data is therefore the responsibility of the user.
iHive only has the right to increase the monthly amount for using iHive after a period of use of one year at the earliest. The same applies to further increases. In the event of an increase in the amount, the user is entitled to terminate the contract with four weeks’ notice to the end of the month before which the increase in contribution takes effect. IHive must announce a price increase at least 3 months before it takes effect.
The user-related iHive database is backed up by iHive daily at night and can only be restored as a whole.
iHive points out that, given the current state of technology, it is not possible to create software in such a way that it works error-free in all applications and under all conditions. iHive guarantees that the performance corresponds to the essential functional descriptions. The user must report any defects that may occur in writing, logging any error messages that may be displayed. In principle, defects that arise from external influences, operating errors or changes, additions or other manipulations not carried out by iHive or on behalf of iHive are excluded from the warranty, unless the user proves that this use is not responsible for the defect was causal.
iHive guarantees server availability of 98.5% on an annual average. This excludes regular maintenance work and times when the server cannot be reached via the Internet due to technical or other problems that are beyond iHive’s control (force majeure, fault of third parties, etc.). iHive can restrict access to the services if this is required by the security of network operations, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data.
If the availability specified above is not met, a credit will be issued, staggered as follows:
Below 0.1 – 0.5%: Credit of 10% of the regular monthly fee
Falling short of equal to or greater than 0.5%: Credit of 10% of the regular monthly fee
Below 0.6 – 1%: Credit of 75% of the regular monthly fee
To report malfunctions, iHive offers a free support hotline for a specific group of people as well as a support email address.
Four (4) hour response time during iHive’s regular business hours (Mon-Fri, 8 a.m. to 6 p.m.).
If iHive fails to eliminate an error that has occurred that prevents operations within 20 working days and this error is not the user’s fault, the user has the right to terminate the contract without notice. Otherwise, the user’s right of termination due to non-granting of use is in accordance with. § 543 BGB excluded.
iHive will continue to develop the software and update it automatically and free of charge at regular intervals.
iHive informs the user in a timely manner about significant changes to the software or service package that affect the functionalities contractually agreed with the user.
iHive or one of iHive’s vicarious agents are liable for intent or gross negligence. In addition, iHive is liable up to the amount of the typically foreseeable damage, but limited to a maximum amount of an annual fee, including for such damage that iHive or iHive’s executive employees in breach of an obligation, the fulfillment of which is essential for the proper execution of the contract made possible and on whose compliance the user can regularly rely (essential contractual obligation/cardinal obligation).
This limitation of liability applies with regard to all claims for damages and, regardless of their legal basis, especially with regard to pre-contractual or ancillary contractual claims. However, it does not limit legally mandatory liability under the Product Liability Act or liability for guaranteed properties, insofar as the guaranteed property was intended to protect the user from the damage that has occurred, nor does it limit liability for culpable injury to life, limb or health. iHive’s liability, regardless of fault, for errors that already existed when the contract was concluded in accordance with Section 536 of the German Civil Code (BGB) is expressly excluded.
Subsidiary agreements and supplements to the contract must be in writing to be effective. This also applies to the written form requirement itself. Should a provision of this contract be or become ineffective, this will not affect the effectiveness of the other provisions. Rather, the invalid or missing provision should be replaced by an economically and legally equivalent one. The same applies in the event of a loophole in the regulations.
The assertion of a right of retention or offsetting against any counterclaims is excluded unless these counterclaims have been legally established or expressly recognized by iHive.
Munich is agreed as the place of jurisdiction for all disputes in connection with this contract. German law applies with the exception of the UN Convention on Contracts for the International Sale of Goods (CISG).