Terms & Conditions of Guestify
Under these terms and conditions, we agree on the use of Guestify provided by the digital:cube GmbH & Co KG. The use of Guestify is done by remote data access on a software-based application (Saas, Software As A Service).
§1 - Service
(1) The provider's services take place according to the following terms and conditions, the terms of reference and the compensation list.
(2) Terms and conditions of a customer that deviate from these terms and conditions, do not apply. They are also valid without explicit objection of digital:cube GmbH & Co KG.
§2 - Contract
(1) The extent of use of Guestify is described on https://guestify.net in the product description on the website.
(2) The prices for the provided services with the contract are visible in the price information on the website https://guestify.net. These are net prices where the statutory VAT is not included.
(3) The payment must be made in advance.
(4) In case of default of payment of the customer, digital:cube GmbH & Co KG is entitled to block the user account ten days after the occurrence of default.
§3 - Extent of Use
(1) All data within Guestify are invariably owned by the customer.
(2) The customer can use the data collected in Guestify marketing purposes without restriction.
(3) The customer is not entitled to use its account by a third party or to provide the login information provided by him to third parties.
(4) digital: cube GmbH & Co KG is freely allowed to modify the design of the software and at any time to modify the service, restrict, expand or withdraw. digital:cube GmbH & Co KG is free to engage or contract third parties to improve its provisioned services.
§4 - Liability
(1) The liability in the event of intent or gross negligence of digital:cube GmbH & Co KG is not limited. In the case of slight negligence digital:cube GmbH & Co KG is unlimited liable for injuries to life, limb or health.
(2) In addition, digital: cube GmbH & Co KG limits its liability to the breach of contract. The liability is then limited to the replacement of contractually typically foreseeable damages.
(3) digital:cube GmbH & Co KG is not liable for damage or expenses incurred, if § 536 BGB incurred. This leaves the above rules unaffected.
§5 - Contract Conclusion
(1) By registering its data, the customer accepts the terms and conditions.
(2) The contract is concluded by the acceptance of this contract offer by digital:cube GmbH & Co KG and the customer. This acceptance is valid by the activation of access of the customer.
$6 - Contract Period
(1) The contract for the use of the software runs on indefinitely. If the customer chooses a different price plan than the monthly payment, a different contract term can be selected with another plan period (half or yearly). The closed contract is terminable at any time by the end of the contract period. Notice of termination must be in writing or is also possible by the client in the account settings.
(2) Termination rights based on highly important reasons persist for cause.
$7 - Jurisdiction, Applicable Law, changes
(1) To the extent permitted by law, the place of jurisdiction between the parties is Cologne, Germany. This applies only if the parties are merchants.
(2) Exclusively German law applies.
(3) Changes or differing agreements must be in writing.
Last change: 01.03.2016