General terms and conditions

1. scope of validity

1.1 Enginsight GmbH (hereinafter “Provider”) is the developer and copyright owner of the online monitoring and evaluation software “Enginsight” (hereinafter “Software”). This is a software solution that supports the monitoring of IT systems (servers, websites, hosts, etc.) by recording, measuring and displaying data via remote access via the Internet – so-called monitoring.

1.2 These General Terms and Conditions regulate the use of the Software as a SaaS solution (“Software-as-a-Service”) by the Customer.

1.3 The contractual use of the software as a SaaS solution is offered exclusively to entrepreneurs within the meaning of § 14 BGB, i.e. natural or legal persons who are not consumers within the meaning of § 13 BGB.

1.4 The version of our General Terms and Conditions valid at the time of conclusion of the contract shall apply. We reserve the right to make changes and adjustments to the GTC. The current version is available on our website.

1.5 General terms and conditions of the customer shall not apply. Deviations from these terms and conditions require the express consent in text form.

2. contracting party

Your contractual partner for all contracts:

Enginsight GmbH
Hans Knöll road 6
07745 Jena

E-mail: hello@enginsight.com
Phone: +49 (0)3641 2714966
Register court Jena: HRB 512808
Managing Director: Mario Jandeck & Eric Range
VAT-ID according to §27a Value Added Tax Act: DE-309284523

3. conclusion of the contract

3.1 The customer’s registration on our homepage constitutes an offer to conclude a contract for the use of the software as a SaaS solution (“Software-as-a-Service”). Upon receipt of his registration, the customer will receive an automatic confirmation e-mail. This confirmation merely documents that the Customer’s offer has been received and does not constitute an acceptance of the offer.

3.2 The contract shall only come into effect upon our order confirmation, which shall be sent by a separate e-mail. The order confirmation shall be issued within three working days after checking the data and information provided by the customer.

4. object of a contract, terms of reference, range of functions

4.1 The subject matter of the contract is the permission to use the software as a SaaS solution. This includes the monitoring and analysis of endpoints (endpoints are domains, URLs, hostnames, websites, IP addresses that can be accessed via the network (e.g. Internet)) within the scope of the booked plan.

4.2 Furthermore, the provision of the Enginsight client is included, which must be installed on the customer’s systems in order to send measurement data to the provider. The use of the functions of the software by the customer requires an access authorization to the software, which in turn influences the range of functions available to the user.

4.3 The objective scope of contract functions of the software in detail results from the function overview which can be called up at https://enginsight.com/en/pricing . The software offers no protection whatsoever for the customer’s systems to be monitored, in particular not against infestation by viruses, Trojans or similar malware. The functions of the software are limited to the acquisition, measurement, and display of certain data.

4.4 The Software shall not be deemed to have a quality that goes beyond the aforementioned scope of functions. Technical data, specifications and performance data in public statements, in particular in advertising material, are no guarantees. The assumption of a guarantee for certain characteristics (quality) requires express agreement in text form in order to be effective.

4.5 The customer receives access to the respective services against payment of the agreed fee.

4.6 Individual extensions and adaptations of the functionality of the software are not subject to the scope of services and this agreement and must be agreed separately if required.

5. further development, changes in services, right of termination and cancellation period

5.1 Engisight reserves the right to continuously further develop the software. Partial functions may be changed or omitted as part of the further development of the software.

5.2 In the event of significant changes in performance, the provider will notify the customer in good time. If the customer suffers significant disadvantages as a result of the changes in services, or if the achievement of the contractual purpose for the customer is endangered as a result, the customer shall be entitled to extraordinary termination of this contract as of the date of the change.

6. Support

6.1 Support requests can be sent to support@enginsight.com . Support requests are questions to the vendor’s support staff about the software. Support includes answering questions about the correct use and setting of the software, as well as assistance with technical problems with the software.

6.2 Feedback messages are independent of support requests and can be submitted to hello@Enginsight.com at any time by email notification. No response time is guaranteed for these pure feedback messages. Reported and verified errors will be corrected as soon as possible as part of a system update, regardless of the respective report.

7. contractual obligations and duties of the customer, liability

7.1 The customer shall fulfill all cooperation actions and other obligations necessary for the performance and handling of this contract in a timely, complete and professional manner.

If the endpoint is operated by a service provider commissioned by the customer (so-called host), the customer is obliged to inform this service provider of the monitoring and analysis.

7.3 The customer is responsible for installing the Enginsight Agent required for monitoring internal systems on the customer’s system to be monitored.

7.4 The customer shall also be responsible for checking the services offered with regard to his requirements and, if necessary, for obtaining expert advice; for ensuring that the minimum requirements for the hardware and software used by the customer required for the contractual use of the software services are met; for following the provider’s instructions on error prevention; for protecting his local IT systems against infestation by viruses, Trojans or similar malware through the use of appropriate software.

7.5 The customer is obliged to treat all access data confidentially at all times. In order to prevent misuse of the access data, the customer is obliged to keep them safe and to exclude access by third parties.

7.6 The customer shall not transfer, pass on, rent or sell the rights and obligations arising from this contract to third parties, irrespective of the type of execution unless he has obtained our prior consent to do so. Third parties are those who are not part of the company.

7.7 The provider shall only be liable for damages incurred by the customer due to misuse or loss of the access data if the damage was caused by a culpable breach of duty by the provider. The parties are mutually obliged to inform each other immediately of any misuse of the access data. In the event of misuse, the provider is entitled to block all access data and temporarily or permanently exclude the relevant customer from the use of individual or all offers of the service.

7.8 In all other respects, the customer is obliged to provide all relevant cooperation services immediately and free of charge, in particular, if the provider requests it to do so and the necessary measures do not exceed a reasonable effort.

7.9 The customer shall not misuse the software in any way or have it used by third parties. The customer shall also refrain from any attempt to retrieve information or data himself or by unauthorized third parties without authorization or to intervene in programs operated by the provider or to let them intervene or penetrate.

7.10. The Customer expressly agrees to the delivery of relevant information to the e-mail deposited by the Customer. This includes, but is not limited to, information about upcoming updates and fixes, general innovations as well as information on the use and contractual changes.

8. right of use and restrictions on use

8.1 The software is protected by copyright. The copyright, patent rights, trademark rights and all other ancillary copyrights to the software as well as to other objects which the provider makes available to the customer within the framework of the initiation and execution of the contract are exclusively the property of the provider. To the extent that the rights belong to third parties, the Provider has corresponding exploitation rights.

8.2 If the Provider provides new versions, updates or upgrades of the contract software during the term of this contract, the following right of use shall apply to these in the same manner. However, the Provider shall not be obliged to provide new versions, upgrades or updates unless this is absolutely necessary to remedy the defect or was agreed otherwise elsewhere in this contract.

8.3 For the duration of the contract, the Provider grants the Customer a non-exclusive, non-transferable and non-sublicensable right to use the software specified in the contract within the scope specified in the contract. The software is used by accessing the software functionalities via the Internet. The transfer point for the SaaS services is the router exit of the computer center used by the provider to the Internet. The customer does not receive any further rights.

8.4 The Client is explicitly prohibited from creating and deleting endpoints for one-time analysis within the scope of the SaaS services. The creation of an endpoint is binding. Changing or deleting an endpoint once it has been created is only permitted if it is switched off on the customer side or is generally no longer available.

8.5 Any use of the software beyond that permitted under this agreement is not permitted. The customer is not entitled to have the software used by third parties or to make it accessible to third parties; in particular, the customer is not permitted to copy or sell the software or parts thereof. The Customer shall also pay the fees if a third party uses the Software, if and to the extent that the Customer is responsible for such use. The customer is not entitled to decompile, reverse engineer, disassemble, or use any part of the software to create a separate application or have these actions performed by third parties unless permitted by copyright law.

8.6 The Provider reserves the right to restrict customers who use the API (Application Programming Interface) of the SaaS Service to an extent that goes far beyond normal use or to block access to the API.

9. remuneration, obligation to perform in advance, due date and default

9.1 The amount of the remuneration owed for the contractual services (remuneration) is stated in the contract, unless otherwise stated, as the net final price without the respective statutory VAT. The remuneration is invoiced in advance according to the agreed payment interval and is due for payment 14 days after receipt of the invoice.

9.2 In the event of default in payment, the Provider may temporarily suspend the provision of services until payment has been made.

9.3 If the customer does not comply with the payment of the due remuneration or a not inconsiderable part of the remuneration despite a reminder, the provider may terminate the contractual relationship without notice.

10. contract term, termination

10.1 The contract comes into force with the order confirmation by the supplier. The term shall be either one calendar month or one calendar year at the customer’s option and shall commence on the day of operational provision.

10.2 If the customer chooses a calendar month as the term, the initial minimum contract term shall be three months.

10.3 The provider may terminate the contract with a notice period of 6 months to the end of the term. The customer can terminate the contract with a notice period of 2 weeks to the end of the term.

10.4 The right to terminate the contract for good cause remains unaffected.

10.5 If the customer terminates a contract before the end of the respective term, the remaining fee will not be refunded – not even pro rata.

10.6 Unless otherwise stated, the contract term shall be automatically extended by the same term after expiry of a period.

11. Liability

11.1 According to the current state of the art, it is not possible to create software in such a way that it works faultlessly in all applications and combinations. The service provided by the service provider is based on software and this service can therefore only be used to the extent described in the program description or operating instructions.

11.2 The provider is only liable for the loss of data in the event of slight negligence if the customer has backed up his data in a suitable format interval appropriate to the application so that they can be restored with reasonable effort.

11.3 The Provider clarifies that data of the Customer – insofar as they are stored by the Service Provider – remain the sole property of the Customer.

11.4 A liability of the provider for damages, which do not result from an injury of life, body or health, is limited to the cases of grossly negligent or intentional breach of duty of the service provider, a legal representative or a vicarious agent of the provider.

12. data protection

12.1 The provider is entitled to collect, process and store personal customer data – insofar as this is necessary for the establishment and execution of the contract. The data of the customer will not be passed on to third parties by the provider. Excluded from this are the payment service providers, such as credit institutes or Stripe, etc., who are called in within the scope of the contract execution and who are dependent on the transmission of data for the fulfillment of their tasks.

12.2 In order to use the access to the Service provided by the Provider, it is technically necessary for the Customer to establish direct data connections via Internet access that are beyond the Provider’s control. The provider does not assume any obligations with regard to these data connections.

13. place of performance, applicable law, and jurisdiction

13.1 Place of performance for all contractual and legal claims is the registered office of the provider.

13.2 German law shall apply to all contracts with the Provider to the exclusion of both the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the IPR regulations. This shall also apply if the order is placed from a country other than Germany or if the goods are delivered to a country other than Germany.

13.3 If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from or on the basis of this contract shall be the registered office of the provider. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have moved their residence or usual place of abode outside Germany after the conclusion of the contractor whose residence or usual place of abode is not known at the time the action is filed.

14. Amendments to the General Terms and Conditions, Final Provisions

14.1 Additional agreements, supplements and amendments to these GTC require text form in order to be effective. Declarations and invoices sent by e-mail shall be deemed to have been received one week after receipt on the customer’s e-mail account, even if they have not been retrieved.

14.2 The provider is entitled to amend or supplement these GTC at any time with a reasonable period of notice. The customer has the right to object to this GTC within six weeks after receipt of the amended GTC. In the notice of a change, the possibility of objection is pointed out. If the customer does not object within this period, the amended GTC shall become effective upon expiry of the deadline.

14.3 The provider is entitled to transfer the contract with all rights and obligations to legal successors or third parties without the consent of the customer. In the event of the transfer to a legal successor or third party, the customer is entitled to an extraordinary right of termination at this point in time, insofar as there is no universal succession in the sense of the Transformation Act.

14.4 The customer can only transfer the rights and obligations from this contract to a third party with the prior consent of the provider.

14.5 As far as the customer is provided with the GTC in another language by the provider, the German version of the GTC is decisive for the interpretation and in case of discrepancies.

14.6 Should individual provisions of the contract or a provision of these GTC be or become invalid in whole or in part, the validity of the remaining provisions or parts of such provisions of the contract and/or the GTC shall remain unaffected. The ineffective or missing provision shall be replaced by the respective statutory provision.

Enginsight is a Telekom Techboost Company