FlunderLabs GmbH, Löwestraße 25, 10249 Berlin (hereafter: „FlunderLabs“) develops software for collection, storage, management and editing of information from various sources. This software is made available as a Service (SaaS) on a web browser portal. The software is currently in test phase. During the test phase, the software is provided as is only. No further functionality is owed during the test phase. During the test phase, the use of the software is free of charge.
2. Services, Rights of Use
2.1. Use of the software requires registration with an email-address and the name of the user.
2.2. For the duration of the test phase, the user is granted a non-exclusive, non-transferrable, right to use the software within the limits of the test phase. He or she is not granted any rights to the software itself and has no claim to receive the software.
2.3. If and when the user is provided with contents that are subject to copyright law, he or she shall, in case of doubt, be granted a non-exclusive, non-transferrable right of use for the duration of this contract, to the extent that these are required to achieve the purpose of this contract.
2.4. FlunderLabs may, at any time during the test phase, in its sole discretion, edit, amend or delete the software and parts thereof as well as provide or directly import updates and upgrades. FlunderLabs may further, at any time, limit or deny access to the software. No specific availability of the software is granted.
2.5. FlunderLabs is not obliged to consider or realize any feedback given by the user, especially not in regards to the remodeling or alteration of the software or individual functions.
3. Obligations of the User
3.1. Personal Access Data and usage authorization, which are potentially allocated to the user, are to be kept confidential and protected from access of third parties. Such data is to be protected by appropriate and up-to-date measures, for example by frequent changes of passwords. The user shall inform FlunderLabs immediately in case there is reason to believe that his/her access data or password are known to unauthorized individuals. Unaffected hereof, the user remains responsible in such cases to take appropriate measures to ban possible threats, for example by immediately changing such access data.
3.2. The software is only provided for personal use. Commercial use of any kind is prohibited.
3.3. The user is responsible to prevent loss of and secure his/her information saved in the software in relevant form on a regular basis. FlunderLabs is not obliged to provide an export function to this end.
3.4. The user shall refrain from any act that could harm the IT security and stability of FlunderLab’s system. In particular, the user will not access any information or data without authorization, interfere with programs run by FlunderLabs or access data networks of FlunderLabs without authorization or further such access or create network load, unless such actions constitute the intended use of the contractual services.
3.5. The user is pointed to the fact that during the test phase, there may be errors in the software and some functions may only be available in limited scope or not at all.
3.6. The user grants FlunderLabs all rights required to save, edit and process the contents of the user within the context of the purpose of the contract. This includes the authorization to create copies in the course of a security backup including backups for FlunderLab’s own security reasons.
4. Duration and Termination of Test phase
4.1. The test phase will run for an indefinite time.
4.2. The user can terminate the user contract at any time without giving notice by explicitly stating the termination in writing or instructing FlunderLabs to delete his or her account. The user can delete all information saved in his or her account at any time.
4.3. FlunderLabs may terminate the test phase at any time without the obligation to provide reasons. In this case, FlunderLabs will contact the users via e-mail and inform them about the imminent termination of the test phase. The test phase will end after an interim period of 14 days without further notice on behalf of FlunderLabs. Upon the termination of the test phase, all rights to use the software under this agreement will expire. The right of FlunderLabs to interrupt the test phase for a limited time remains unaffected.
4.4. If and when the test phase is followed by the regular market entry of the software, existing user accounts of the test phase can be transferred into regular accounts of the final software. FlunderLabs will inform the users about this option in the notification of termination according to No. 4.3. To this end, FlunderLabs will provide a transfer option as well as an option to delete the software within the account of the test phase during the interim period. If the user wishes to transfer to a regular account, he or she has to accept the general terms and conditions as provided by FlunderLabs.
4.5. In case the user does not use either option provided in No. 4.4, FlunderLabs is, upon the end of the interim phase, entitled to transfer the user account of the test phase into a free regular account. In this case, the failure to use an option shall constitute tacit agreement to the setting up of such account. Before the user may use the software in its final version, he or she has to accept the general terms and conditions of the final version of the software. Alternatively, he or she can terminate his/her account at any time. FlunderLabs will inform the user prior to the beginning of the interim phase about the deadline for the use of either option as well as the consequences of the failure to use an option.
4.6. It shall be the sole responsibility of the user to back up all data before the end of the test phase and the interim phase. After termination of the test phase, account-bound data will be transferred into regular accounts according to No. 4.1 and 4.5 or deleted according to the respective request to delete of the user. In the case of No. 4.5, the user will only receive access to his/her data after accepting the general terms and conditions of the use of the final version of the software. Up to this point in time and for a maximum period of 3 months after termination of the test phase, he or she will be able to export his/her data in a common format. There is no further access. Upon the end of this period, the data will be deleted.
5. Liability and Warranty
5.1. The software is provided to the user as a test version. The user is aware of the fact that the software is still being developed and such test versions of software are typically subject to limitations in functionality and errors of program execution. FlunderLabs neither guarantees that particular functions will be available at all times and permanently nor that they will become part of the final software. In particular, certain functions of the software may be limited.
5.2. During the test phase, FlunderLabs shall only be liable for intention and gross negligence. FlunderLabs shall not be liable for any damages the user suffers from the use of the software which is contrary to the contract during the test phase or from the user’s omission to secure data according to No. 3.3.
6. Final provisions
6.2. In case the user is a merchant, a legal person under public law or a special fund under public law, exclusive jurisdiction for all disputes arising from or in connection with this agreement shall be at the registered office of FlunderLabs.
Version: March 2017