The legally binding version of this document is the German version. This English translation is provided for informational purposes.
1.1 These General Terms and Conditions (hereinafter "Terms") of RevEx Solutions GmbH (hereinafter "Provider") apply to all contracts for the provision of Software-as-a-Service (hereinafter "SaaS") services concluded between an entrepreneur (hereinafter "Customer") and the Provider regarding the services described on the Provider's website. The subject of the contract is the paid, time-limited provision of software (hereinafter "Software") in digital form via the Internet, as well as the provision of storage space on the Provider's servers. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 The Provider's services are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Consumers within the meaning of Section 13 BGB are excluded from using the services. By registering, the Customer confirms that they are acting as an entrepreneur.
1.3 An entrepreneur within the meaning of these Terms is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4 Entrepreneurs within the meaning of these Terms also include public authorities or other public law entities, provided they act exclusively under private law when concluding the contract.
1.5 If the Software is also provided through mobile applications (hereinafter "Apps"), the terms and conditions of the respective App Store operator may differ and the Customer may be informed of these during the ordering process of the respective App Store. To the extent that the terms of the App Store operator differ from these Terms, the terms of the App Store operator shall prevail.
1.6 The Software may contain links to services of third-party providers. These Terms do not apply to such services that are not provided by the Provider but by a third-party provider. This also applies if the services are provided free of charge and/or if registration with the Provider is required for their use. For these services, only the terms and conditions used by the third-party provider or the statutory provisions in the relationship between the Customer and the third-party provider shall apply. The Provider merely facilitates technical access to these services.
2.1 The Provider makes Software available to the Customer in digital form via the Internet for the duration of the agreed contract term. To this end, the Provider enables the Customer to access the Software, which remains on the Provider's server. The functional scope and technical specifications of the Software are described in more detail in the service description on the Provider's website. The Provider is only obligated to provide the Software with the functionalities defined in the service description. In particular, the Provider is not obligated to establish and maintain the data connection between the Customer's IT system and the Provider's server.
2.2 The Software is updated by the Provider at irregular intervals. Accordingly, the Customer only receives a right of use to the Software in its current version. The Customer has no claim to bring about a specific state of the Software.
2.3 The Provider provides the Customer with limited storage space on its servers for the use of the Software. The scope of the storage space is described in more detail in the service description on the Provider's website.
2.4 The Provider provides the aforementioned services with an overall availability of 99.5%. Availability is calculated on the basis of the time attributable to the respective calendar month in the contract period, minus maintenance times. The Provider will carry out maintenance work, as far as possible, during low-usage periods.
2.5 The Provider takes measures for data backup in accordance with the state of the art. However, the Provider does not assume any custodial or safekeeping obligation. The Customer is responsible for adequate data backup.
2.6 The Provider provides the Customer with a user manual in electronic form.
2.7 The Provider offers additional support services. The content and scope of the support services are set out in the service description on the Provider's website.
2.8 The Provider uses artificial intelligence (AI) technologies in the provision of its services. Details on the AI systems used, their transparency labelling in accordance with the EU AI Act (Regulation (EU) 2024/1689, Art. 52), data processing by AI, and the Customer's rights are set out in the AI Transparency Notice, which forms a supplementary part of these Terms.
3.1 The Provider reserves the right to change the services offered or to offer different services, unless this is unreasonable for the Customer.
3.2 The Provider further reserves the right to change the services offered or to offer different services,
3.3 Changes with only insignificant influence on the Provider's services do not constitute changes to services within the meaning of this clause. This applies in particular to changes of a purely graphical nature and the mere rearrangement of functions.
4.1 The services described on the Provider's website do not constitute binding offers by the Provider but serve to enable the Customer to submit a binding offer.
4.2 The Customer may submit an offer via the online order form provided on the Provider's website. After entering their personal data, the Customer submits a legally binding contractual offer regarding the selected services by clicking the button that completes the ordering process.
4.3 The Provider may accept the Customer's offer within five days,
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the expiry of the fifth day following the sending of the offer. If the Provider does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
4.4 When submitting an offer via the Provider's online order form, the contract text is stored by the Provider after the conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax, or letter) after the Customer has sent their order. The contract text is not made accessible by the Provider beyond this. If the Customer has set up a user account on the Provider's website before sending their order, the order data is archived on the Provider's website and can be retrieved by the Customer free of charge via their password-protected user account by providing the relevant login data.
4.5 Before the binding submission of the order via the Provider's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
4.6 German is available for the conclusion of the contract.
4.7 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Provider can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Provider or by third parties commissioned by the Provider for order processing can be delivered.
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Provider's withdrawal policy.
The Provider holds all usage rights required to provide the Software. Unless the service description on the Provider's website provides otherwise, the Provider grants the Customer a non-exclusive, non-transferable right to use the Software, limited in time to the duration of the contract, for private and business purposes within the scope of these Terms. Use of the Software beyond this is not permitted.
The Provider is entitled to use content and information provided to it by the Customer for the service within the scope of its contractual obligations and whose processing is necessary for the proper provision of services. The Customer grants the Provider, free of charge, non-exclusively, and limited to the duration of the contract, the necessary usage rights, in particular the right to permanent storage, the right to reproduce, and the right to edit, and warrants that they are entitled to grant such usage rights.
8.1 The Customer shall ensure that the hardware and software used by them, including workstations, routers, data communication devices, etc., meet the minimum technical requirements for the use of the currently offered Software version.
8.2 The Customer is obligated to protect and store the access data provided to them in accordance with the state of the art against access by third parties. The Customer shall ensure that use occurs only to the extent contractually agreed. Unauthorized access by third parties must be reported to the Provider immediately.
8.3 The Customer may not store any data on the storage space provided that would violate applicable law, official requirements or orders, rights of third parties, or agreements with third parties.
8.4 The content stored by the Customer on the storage space designated for them may be protected by data protection law. The Customer is responsible for checking whether their use of personal data meets data protection requirements.
8.5 The Customer is responsible for carrying out regular, adequate data backups.
8.6 The Customer is obligated to check their data and information for viruses or other harmful components before input and to use state-of-the-art measures (e.g. virus protection programs) for this purpose.
8.7 The Customer shall ensure that programs, scripts, or similar installed by them do not endanger the operation of the Provider's server or communication network or the security and integrity of other data stored on the Provider's servers.
8.8 If programs, scripts, or similar installed by the Customer endanger or impair the operation of the Provider's server or communication network or the security and integrity of other data stored on the Provider's servers, the Provider may deactivate or uninstall such programs, scripts, etc. If the elimination of the danger or impairment requires this, the Provider is also entitled to interrupt the connection of the content stored on the server to the Internet. The Provider will inform the Customer of these measures immediately.
9.1 The Provider is generally not obligated to proactively review content posted by Customers for its legality or compatibility with the rights of third parties or these Terms. However, the Provider reserves the right, in individual cases on its own initiative, to review Customer content for legality and to take measures in accordance with the following provisions in the event of identified violations.
9.2 Customers and affected third parties may report allegedly unlawful content to the Provider using the contact information in the Provider's imprint (e.g. by email). The Provider is free to forward the content of a report to the Customer who posted the reported content. The identity of the reporting person will only be disclosed to the Customer if this is absolutely necessary.
9.3 In the case of reports and within the scope of any reviews carried out on the Provider's own initiative, a human content review is generally carried out. In individual cases, automated technical review procedures may be used as a supplement.
9.4 If, in response to a report or as part of a review on the Provider's own initiative, the illegality of content published by a Customer is determined, the Provider is entitled, even without prior notice or contact, to take one or more of the following measures at its reasonable discretion:
9.5 In choosing the measure to be taken, the Provider will consider the principles of proportionality and weigh the interests of the affected Customer against its own interests in the unhindered, uninterrupted, and integer continuation of its business activities. Criteria that are considered when imposing a measure include:
9.6 If Customers frequently submit obviously unfounded reports or complaints, the Provider will, after prior warning, suspend the processing of reports and complaints from these Customers for a reasonable period.
10.1 All prices quoted are net prices. Statutory value-added tax at the applicable rate is added and shown separately on the invoice.
10.2 If the Customer is established in another member state of the European Union and provides a valid VAT identification number, the Provider invoices its services without German value-added tax. In this case the Customer is liable for the tax (reverse charge). The Customer shall provide complete and correct information on its place of establishment and VAT identification number and shall notify any change without undue delay.
10.3 The payment options and payment modalities are communicated to the Customer on the Provider's website.
10.4 If a payment method offered via the payment service "Stripe" is selected, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer on the Provider's website. To process payments, Stripe may use additional payment services for which special payment conditions may apply, which the Customer may be informed about separately. Further information about Stripe is available on the Internet at https://stripe.com/de.
11.1 The contract is concluded for a fixed term as set out in the service description on the Provider's website and ends automatically upon expiry of the contract term.
11.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period.
11.3 Terminations may be made in writing, in text form (e.g. by email), or in electronic form via the termination facility (termination button) provided by the Provider on its website.
11.4 Upon termination of the contract, the Customer loses access to their user account. Furthermore, upon termination of the contract, the Provider's obligation to store the Customer's data also expires.
If the Customer wishes to switch to another provider or to an ICT infrastructure on their own premises, the provisions in the Annex on Provider Switching, which are attached to these Terms, shall apply.
If the Customer acts as a consumer, the provisions of statutory warranty law shall apply. If the Customer acts as an entrepreneur, the provisions of statutory warranty law shall apply subject to the following restrictions.
13.1 The Customer must report any defects, disruptions, or damage to the Provider without delay.
13.2 The warranty for only insignificant reductions in the suitability of the service is excluded.
13.3 The strict liability pursuant to Section 536a (1) of the German Civil Code (BGB) for defects that already existed at the time of conclusion of the contract is excluded.
13.4 Termination by the Customer due to non-granting of contractual use is only permissible if the Provider has been given adequate opportunity to remedy the defect and this has failed. A failure of the remedy shall only be assumed if remedy is impossible, if the Provider refuses or unreasonably delays remedy, if there are justified doubts regarding the prospects of success, or if the Customer is otherwise unreasonably burdened.
14.1 The Provider is liable for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:
14.2 The Provider is liable without limitation for any legal reason
14.3 If the Provider negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Provider according to its content for the achievement of the contractual purpose, whose fulfillment makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.
14.4 In all other cases, the Provider's liability is excluded.
14.5 The above liability provisions also apply with regard to the Provider's liability for its vicarious agents and legal representatives.
The Customer shall indemnify the Provider against all claims that other customers or third parties assert against the Provider due to infringement of their rights by content posted by the Customer or due to other use by the Customer. The Customer shall also assume the necessary costs of legal defense including all court and attorney fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. The Customer is obligated to provide the Provider immediately, truthfully, and completely with all information necessary for the examination of claims and a defense in the event of a claim by third parties.
The Provider undertakes to maintain secrecy regarding all confidential information of which it becomes aware in connection with this contract and its performance, and not to disclose such information to third parties. Confidential information is information that is marked as confidential or whose confidentiality is apparent from the circumstances, regardless of whether it has been communicated in written, electronic, embodied, or oral form. The confidentiality obligation does not apply to the extent that the Provider is legally obligated or required by a final and binding official or court decision to disclose the confidential information.
17.1 The Provider reserves the right to amend these Terms at any time, provided the Customer consents to the amendment.
17.2 The Provider further reserves the right to amend these Terms without the Customer's consent,
17.3 The Provider will inform the Customer in a timely and appropriate manner about material changes to these Terms. Material changes are those that would significantly shift the contractual relationship to the disadvantage of the Customer or would be equivalent to the conclusion of an entirely new contract. This includes, in particular, provisions on the type and scope of the service or on contract duration and termination modalities.
17.4 The Customer's right of termination remains unaffected.
18.1 German law shall apply to all legal relationships between the parties. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
18.2 If the Customer acts as a merchant, legal entity under public law, or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Provider's place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Provider's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Provider is in any event entitled to bring proceedings before the court at the Customer's registered office.
The Provider is not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.
The following provisions apply in the event that the Customer wishes to switch to another provider or to an ICT infrastructure on their own premises.
2.1 "Data processing service" within the meaning of these Terms is a digital service provided to the Customer that enables widespread and on-demand network access to a shared pool of configurable, scalable, and elastic computing resources of a centralized, distributed, or highly distributed nature that can be rapidly provisioned and released with minimal management effort or interaction from the Provider.
2.2 "Digital assets" within the meaning of these Terms are elements in digital form — including applications — for which the Customer has a right of use, regardless of the contractual relationship with the data processing service they wish to switch from.
2.3 "ICT infrastructure on own premises" within the meaning of these Terms means ICT infrastructure and computing resources that are owned by the Customer or rented or leased by the Customer and that are located in and operated by the Customer's data center or by a third party.
2.4 "Switching" within the meaning of these Terms is a process involving the Provider, the Customer, and possibly an accepting provider of data processing services, in which the Customer switches from using the Provider's data processing service to using another data processing service of the same type or another service offered by another provider of data processing services or offered to an ICT infrastructure on own premises, including by extracting, converting, and uploading data.
2.5 "Exportable data" within the meaning of these Terms means input and output data, including metadata, that are directly or indirectly generated by the Customer's use of the data processing service or jointly generated, with the exception of assets or data of the Provider or third parties that are protected by intellectual property rights or constitute a trade secret.
3.1 Before ordering the data processing services, the Provider shall provide the Customer with clear information on the following points:
3.2 The Provider's online register of data structures and formats, relevant standards, and open interoperability specifications for data is available on the Provider's website.
4.1 The parties shall agree on a switching and exit plan (hereinafter "Plan"), which shall include in particular:
4.2 At the Customer's request, the Provider must provide information to the Customer's designated staff (or other third parties authorized by the Customer) to explain the relevant procedures.
4.3 At the Customer's request, the Provider undertakes either to organize a test or to assist the Customer with its tests to verify that the Plan works in practice for exportable data and digital assets. If problems arise during the test, the parties will analyze the causes in good faith and work toward solutions.
4.4 The Provider and the Customer undertake to update the Plan as necessary and, at least at the Customer's request, to review whether changes are required.
5.1 The Customer must send the Provider a switching notice with a notice period of 2 months, indicating that they are initiating the switch. If the Customer only wishes to transfer certain services, data, or digital assets, they must indicate this in the notice.
5.2 In the switching notice, the Customer must state whether they intend to:
5.3 The Provider will confirm receipt of the switching notice to the Customer within 3 working days at the latest, using the same communication channel that the Customer used.
6.1 The transition period is 30 calendar days and begins upon expiry of the notice period for initiating the switching process.
6.2 If the Provider is unable to meet the agreed transition period for technical reasons, it undertakes to:
The Customer must confirm receipt of this extension notice in writing or in text form within 3 working days.
6.3 The Customer may extend the transition period once for a period that they consider more appropriate for their purposes, but not longer than 3 months. For complex migrations, the parties may mutually agree on a longer period, but not exceeding 12 months. The Customer must inform the Provider of their intention in writing or in text form by the end of the original transition period and specify the alternative transition period. The Provider will confirm receipt of such an extension notice in writing or in text form within 3 working days.
The Provider undertakes to support the Customer and third parties commissioned by the Customer in a reasonable manner from the beginning and throughout the duration of the switching process so that the Customer can switch within the agreed transition period. To this end, the Provider must in particular:
8.1 The Customer undertakes to take all reasonable measures to achieve an effective switch. The Customer is responsible for importing and implementing data and digital assets into their own systems or into the systems of the target provider.
8.2 The Customer or third parties commissioned by them, including the target provider, undertake to respect the intellectual property rights and trade secrets in the materials provided by the Provider in the switching process. The Customer further undertakes to grant third parties or the target provider access to these materials and, where applicable, to grant sub-licenses for their use only to the extent necessary to carry out the switching process until the end of the agreed transition period, including the alternative transition period, while respecting the confidentiality obligations and the intellectual property rights granted by the Provider.
9.1 The Customer may retrieve or delete their data during the agreed data retrieval period. The data retrieval period is 30 calendar days and begins after the expiry of the agreed transition period. The parties may agree on a longer period if this is warranted, taking into account the interests of both parties.
9.2 After expiry of the agreed retrieval period and upon successful completion of the switching process, the Provider undertakes to delete all exportable data and digital assets generated by the Customer or directly related to the Customer and to confirm to the Customer that it has done so. This does not apply to exportable data that the Provider is required to retain under mandatory EU law or the law of EU Member States, provided the Provider informs the Customer which exportable data it retains, for how long, and for what reasons.
The Provider does not charge any additional remuneration for the switching process.
11.1 As soon as the Customer notifies the Provider that the switching process has been successfully completed, the Provider will immediately inform the Customer of the termination of the contract. If the Customer does not notify the Provider of the successful switch or the absence thereof, even though the Provider has reasonable grounds to believe that the switch has been successfully completed by the Customer, the Provider may request the Customer to confirm that the switch has been successfully completed. If the Customer does not confirm the successful switch within 30 working days of this request, it shall be assumed that the switch was not successful and the contract shall not be terminated but shall continue on the existing terms.
11.2 If the Customer does not wish to switch but wishes to delete their exportable data and digital assets, the Provider undertakes to inform the Customer of the termination of the contract at the end of the agreed notice period.
12.1 The contract shall be deemed terminated between the parties when one of the following events has fully occurred:
12.2 If the contract or the Provider's Terms contain clauses on termination due to statutory provisions or related cases, such as the following:
the agreement, together with the agreed services and functions, shall not be terminated or expire before one of the events referred to in the preceding clause has clearly occurred. This shall not affect any other rights or remedies available to a party against the other party. The Customer may agree with the Provider on success criteria for the switch, as well as milestones for the switch, and report on the status of their achievement during the switching process. In any case, the Customer must inform the Provider of the successful switch.
12.3 If the switching process cannot be successfully completed, the parties must cooperate in good faith to improve the switching process and achieve a successful completion, enable timely data transfer, and maintain continuity of services. The Provider must, at the Customer's request, assist the Customer in determining the reasons for the unsuccessful switch and inform the Customer how the identified obstacles can be eliminated or circumvented.
12.4 The switching process shall be deemed successfully completed when:
12.5 If, at the end of the transition period, the Customer decides not to delete all of their exportable data and digital assets at the end of the agreed data retrieval period and wishes to ensure that they remain available for a specific additional period with limited functionality, or if the Customer and the Provider have agreed to maintain the contract without the provision of certain services, provided the Customer does not expressly order this, this may only occur after:
If the alternative data retrieval period and other conditions for the service during this time are proposed by the Provider, the contract may not be terminated or expire before the Customer, at their discretion, has accepted the deletion and clearly confirmed that the contract has been terminated.
12.6 The right of the contracting parties to terminate the contractual relationship under an indefinite contract by ordinary termination remains unaffected, provided that the reason for termination is neither a provider switch nor — on the part of the Customer — an intention to delete data.
12.7 If the contract has been expressly concluded for a specific duration and the expiry date is reached before the switching process has been completed, and the Customer has not requested the deletion of their exportable data and digital assets,
As of: 07.04.2026