These Terms are translated from the German Terms, which are legally binding. The English Terms are for your convenience only.
1. Scope of these Terms
These Terms and Conditions (“Terms”) apply to all services provided by chatchamp UG (haftungsbeschränkt), Brabanter Str. 4, 80805 Munich (hereafter “chatchamp”). This includes in particular the use of the platform www.chatchamp.io and its subdomains. These Terms apply to all contracts signed by login into the platform and are valid between chatchamp and the customer of chatchamp (“customer”). These Terms apply exclusively. The application of general terms and conditions of the customer is excluded. Any supplementary, deviating or contradictory general terms and conditions of business of the customer shall become the contractual part only insofar as chatchamp has expressly consented to their validity in written form. The terms and conditions set out here also apply if chatchamp carries out the order unconditionally in the knowledge of conditions of the customer deviating from the conditions set out here. chatchamp provides its services to customers who are not consumers in the sense of § 13 BGB.
2. Registration, contract of use
There is no separate contract text for the use of the platform additionally to these Terms. The content of the contract concluded between the customer and chatchamp is derived from these general terms and conditions, as well as the information submitted to chatchamp within the registration process as well as for a paid subscription, which can be reviewed at any time in the customer account. By logging into to the website www.chatchamp.io, the customer accepts these Terms, in specific the German version. A contract shall only come into effect upon the acceptance of the application by chatchamp. chatchamp will eventually accept the contract at the latest within 10 days after receipt of the customer’s request.
3. Scope of the service
The scope of services is derived from the current description of the services at the time of the order. chatchamp provides the customer with the software of the booked modules to use these via the Internet. The software is operated on server centers used by chatchamp and is usable via the browser of the customer exclusively for the use of his commercial or freelance activity. The availability of the chatchamp servers and the connection to the web is at least 99% annual average and reserves the right to temporarily restrict the contractual services with regard to capacity limits, maintenance work and safety-related measures. Regarding the above-mentioned guarantee of availability of chatchamp’s web servers, any unavailability due to the failure of servers of third parties and other problems that are not within the sphere of influence and / or responsibility of chatchamp are excluded.
4. Rights and obligations to use
The customer is obliged to use the services according to the present Terms and according to the relevant regulations. In the case of breaches, chatchamp is entitled at all times to block access and / or terminate without notice. chatchamp grants the Customer the exclusive, non-transferable right to use the Platform solely for the purposes of the respective usage agreement. The right of use expires at the end of the contract term. The customer is not allowed to pass on the account provided to another person (whether legal or natural), unless otherwise agreed. With signing the contract, the customer assumes the exclusive responsibility that the used contents are carefully selected. Content that violates existing laws – in particular criminal, copyright and competition law – or the rights of third parties – e.g. personality, brand or name rights – the customer is not allowed to distribute through chatchamp’s services. The customer indemnifies chatchamp from all claims of third parties as well as the legal representation which are claimed on the basis of such content. chatchamp is not obligated to check the content posted by the customer for a possible violation of the rights of third parties or their legal permissibility. The customer allows chatchamp to name the customer as a reference customer, unless this has been contradicted in written form.
5. Customer service and services
The support provided by chatchamp can include email and telephone support for certain software application problems and certain pricing packages. Other customer support services, in particular consulting and technical services, will be charged to the customer. Before any costs arise, the customer will be informed and asked for permission.
6. Prices and terms of payment
Unless agreed otherwise, the pricing for the access and use of the platform shall be based on chatchamp’s price list at the time the application is submitted by the customer. By accepting these, the customer receives a confirmation of the pricing in text form. If the customer does not object to this confirmation immediately after notification, this price is deemed to be agreed upon. A “subscriber” is counted as a subscriber in the sense of the price model once the user is addressable by the customer through chatchamp via Facebook Messenger and has not “unsubscribed” at the time of the contract extension. chatchamp reserves the right to change prices as of the next renewal date. The changed prices will be communicated to the customer at least four weeks before the next renewal date by e-mail or by post. In the case of a net price increase, the customer has the right to terminate the contract extraordinarily with a deadline of two weeks to the end of the contract which has not yet been extended. Otherwise, the price increase will be deemed accepted at the next renewal date. The fee for the usage period is payable in advance. The fee will be settled on a monthly or annualy basis, depending on the contract type. Invoices are due with invoicing and payable within 14 days. All agreed fees are net prices and are subject to value added tax at the statutory rate. Objections against the invoice must be settled in written form within four weeks of receipt of the invoice; otherwise, the invoice shall be deemed approved. Legal claims of the customer in case of objections after the deadline remain unaffected. In the event of default by the customer, chatchamp shall be entitled to interest at the legal rate (eight percentage points above the base rate). In the event of default, chatchamp may suspend its services until payment has been made.
7. Term length and termination
The contract is automatically extended by the length of the first term of the contract as long as it is not terminated by a party within one month at the respective maturity date, unless otherwise specified in the specific offer. If the first contract term is longer than one year, the renewal periods are one year.
8. Liability and jurisdiction
Claims by customers for damages, insofar as these are not covered by the concluded insurance policies and are not based on deliberate or grossly negligent acts of chatchamp or 3rd party services used by chatchamp, are limited to 50% of the average annual contract volume per liability. If no intent, gross negligence or a guarantee of chatchamp is available, chatchamp shall not be liable for indirect damages to the customer, such as loss of profit. chatchamp’s indebted liability for damages pursuant to § 536a Paragraph 1 1. Alternative BGB for defects existing at the time of the conclusion of the contract shall be excluded. Exclusive court of jurisdiction for all disputes arising from or on the occasion of this contract is Munich. The right of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall apply to all claims of any kind whatsoever arising from or on the occasion of this contract.
chatchamp advises the customer that data protection and data security for data transmissions in open networks, such as the Internet, can not be guaranteed according to the current state of the art. chatchamp has taken all technical and organizational measures to safeguard personal data stored by chatchamp against misuse and unauthorized access. However, third parties are, in particular, technically in a position to monitor the communication traffic unauthorized, in particular in the case of data transmission via the Internet outside the access area of chatchamp. The customer is responsible for ensuring that chatchamp is used in compliance with the data protection regulations.
The parties are obliged not to disclose confidential information to third parties until two years after the end of the term of the agreement and not to use it for other purposes which are not intended for cooperation. Confidential information include: (I) any information on the fees agreed on between the parties, (ii) any information on the term of the agreement, (iii) any technical information and know-how made available to the Customer, and (iv) any further information that was marked as confidential by any of the parties. The non-disclosure agreement does not apply to information which has become publicly known or already known without a breach of the secrecy of a party, or which has to be made accessible to third parties on the basis of a legal, judicial or administrative order.
11. Changes to the Terms and other contracts
chatchamp may change these Terms with a reasonable notice period. If the customer does not object to the change within a period set by chatchamp, the change shall be deemed approved. chatchamp advises the customer in the change announcement that the change will take effect if the Customer does not contradict the set deadline. Changes between the parties to concluded agreements and deviations or changes in the conditions of use require the written form to be effective.
12. Severability clause, deviations and changes
Should one or more provisions be invalid, this shall not affect the validity of the other agreements. Instead of the ineffective provision, a regulation which is legally permissible corresponds to the economic sense and purpose of the ineffective provision.