Conditions générales de snapADDY GmbH

PLEASE NOTE: You agree to the German Terms of Service which have been translated into English only for your convenience. The German Terms of Service are binding.

General Provisions - Scope of Application

These Terms of Use are part of a contract between snapADDY GmbH (hereinafter referred to as "snapADDY") and its customers concerning the use of snapADDY software and associated solutions and services.

• 1. Definitions and Scope of Application
• 2. Subject Matter of the Contract, Contract Formation, Scope of Services, Place of Performance
• 3. System Requirements
• 4. Rights and Obligations of snapADDY
• 5. Rights and Obligations of the Customer
• 6. Remuneration, Due Dates, Default
• 7. Warranty and Liability
• 8. Contract Duration, Termination, Suspension
• 9. Data Protection
• 10. Final Provisions

1. Definitions and Scope of Application

1. "Software" refers to software add-ins, browser extensions, mobile applications, websites, or other media.

2. "Users" are the users of the software and the entire offering.

3. "Customers" or "Clients" are companies, organizations, institutions, municipal administrations, or commercial enterprises that use snapADDY software.

4. snapADDY GmbH (hereinafter referred to as snapADDY or Contractor) develops and operates software for the automated research, capture, completion, and validation of address and contact data.

5. These terms exclusively regulate the contractual relationship between snapADDY and the respective customer. Any conflicting or deviating conditions of the customer will not be recognized unless snapADDY has explicitly agreed to them in individual cases.

6. These terms apply only to entrepreneurs and public law entities or public law special funds. An entrepreneur within the meaning of these terms is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when placing an order.

2. Subject Matter of the Contract, Contract Formation, Scope of Services, Place of Performance

1. snapADDY offers various software products and services for which the customer can enter into a subscription. The individual contractual services and the specific scope of the services to be provided by snapADDY are derived from the descriptions available on www.snapaddy.com, the respective offer, individual agreements, and/or these general terms and conditions.

2. The customer can select and book a service package on snapADDY's website. Alternatively, the customer can submit an offer through other means, such as via email, to snapADDY. The contract is formed in either case through snapADDY's order confirmation. Alternatively, the contract may be concluded by the customer's signed acceptance of an offer provided by snapADDY.

3. The contractual services of snapADDY generally involve the provision of software and/or storage space. The customer acknowledges that snapADDY does not guarantee any specific success regarding the outcome of the offered software services and cannot provide guarantees in this regard, as such successes cannot objectively be guaranteed.

4. When detecting contact data sources outside snapADDY's sphere, snapADDY supports most common fonts, character sets, and standard card layouts. It should be noted that 100% error-free recognition cannot always be guaranteed, especially with atypical and low-contrast layouts, designs, or rare/hard-to-read fonts. The quality of detection in some snapADDY products depends on the quality of the provided image. The user is responsible for providing a well-lit, sharp, and legible image.

5. As part of its services, such as support and consulting, snapADDY acts solely in an advisory capacity and cannot guarantee any specific success.

6. If snapADDY offers AI-assisted tools, such as an AI assistant, this constitutes mere provision of the tool. snapADDY does not owe any specific success concerning the results generated by the service. It is emphasized that AI-assisted tools produce algorithm-based outputs that may be erroneous and require independent verification by the customer.

7. The customer's right to withdraw from the contract is governed by statutory provisions.

8. The place of performance is generally at snapADDY's headquarters unless otherwise agreed upon or resulting from the nature of the activity.

3. System Requirements

1. The system requirements for the software offered by snapADDY can be found at https://www.snapaddy.com/de/landing/downloads/eol.html.

2. snapADDY's mobile applications ("apps") cannot run on mobile devices where system-level security mechanisms have been bypassed by the user (e.g., jailbroken or rooted devices) for security reasons.

4. Rights and Obligations of snapADDY

1. snapADDY reserves the right to modify the snapADDY software in a reasonable manner at any time, e.g., to further develop or improve its quality. The contractually agreed scope of services will generally remain unchanged in the event of modifications.

2. snapADDY reserves the right to change these terms/conditions at any time without specifying reasons. Customers will be notified of the amended terms by email at least two weeks before their effective date. If the customer does not object within two weeks of receiving the notification, snapADDY may terminate the affected contract or continue it under the existing terms.

3. If snapADDY processes data on behalf of the customer, this is based on a data processing agreement. snapADDY uses usage data exclusively in pseudonymized form for quality improvement and statistical purposes.

4. To enhance its software, snapADDY exclusively uses anonymized data.

5. snapADDY may take measures in case of suspected violations of the law, third-party rights, or these terms.

6. snapADDY is entitled to engage third parties, especially subcontractors, for all services.

5. Rights and Obligations of the Customer

1. The customer is obligated to provide accurate and complete information when concluding the contract.

2. The customer shall ensure that only authorized persons have access to the services provided by snapADDY.

3. The customer is obligated to use the snapADDY services exclusively within the scope of the law and this agreement. In particular, the customer shall not:

   1. Use the services to commit illegal acts.
   2. Violate third-party rights, including but not limited to intellectual property rights, copyrights, trademark rights, and data protection rights.
   3. Bypass technical protective measures provided by snapADDY.

4. The customer is responsible for obtaining the necessary rights and consent to process personal data when using snapADDY products or services, particularly under applicable data protection laws (e.g., GDPR).

5. The customer is obligated to back up their data appropriately to prevent data loss.

6. The customer shall indemnify snapADDY against any claims arising from the customer's breach of their contractual or legal obligations, unless the customer is not responsible for the breach.

6. Remuneration, Due Dates, Default

1. The remuneration for snapADDY services is based on the agreed pricing plans available at the time of the contract's conclusion or on the individually agreed terms.

2. All prices are exclusive of statutory VAT unless expressly stated otherwise.

3. Payments are due immediately unless otherwise agreed. The customer can choose from the payment methods offered by snapADDY.

4. If the customer defaults on payment, snapADDY is entitled to suspend access to the software and services until the outstanding payment has been settled. snapADDY will inform the customer about the impending suspension.

5. The customer may only offset claims against snapADDY with undisputed or legally established claims.

7. Warranty and Liability

1. snapADDY warrants that the software and services will substantially comply with the agreed specifications, provided the customer meets the necessary system requirements.

2. snapADDY shall not be liable for minor or insignificant deviations from the agreed functionality.

3. The statutory warranty period applies unless otherwise agreed. For entrepreneurs, the warranty period is generally limited to 12 months.

4. snapADDY's liability is limited to damages caused by intent or gross negligence. In the case of slight negligence, snapADDY is only liable for the breach of essential contractual obligations ("cardinal obligations") and limited to foreseeable damages typical for the contract.

5. Liability for loss of profit, indirect damages, and consequential damages is excluded unless such liability is mandatory by law.

6. The above limitations of liability do not apply to personal injury, liability under the German Product Liability Act, or other legally binding liability.

8. Contract Duration, Termination, Suspension

1. The duration of the contract depends on the agreed terms. Contracts can usually be concluded for a specific period (e.g., monthly or annually) or an indefinite period.

2. If the contract is for an indefinite period, either party may terminate it by giving notice as agreed in the contract.

3. If the customer fails to comply with essential contractual obligations, snapADDY is entitled to suspend access to the services temporarily or terminate the contract without notice.

4. Upon termination of the contract, the customer is no longer entitled to use the software or services. The customer must immediately cease using the software and delete all copies unless statutory retention obligations apply.

9. Data Protection

1. snapADDY processes personal data in compliance with applicable data protection laws, particularly the GDPR. Details are outlined in snapADDY's Privacy Policy, available at https://www.snapaddy.com/en/privacy-policy.html.

2. If snapADDY processes data on behalf of the customer (e.g., personal data of the customer's employees or clients), the parties shall conclude a data processing agreement in accordance with Art. 28 GDPR.

3. snapADDY takes appropriate technical and organizational measures to protect the customer's data from unauthorized access, loss, or destruction.

10. Final Provisions

1. If any provision of these terms is invalid or unenforceable, the remaining provisions shall remain unaffected. The parties shall replace the invalid provision with a legally valid provision that most closely reflects the economic intent.

2. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

3. The exclusive place of jurisdiction for all disputes arising from this contract is Würzburg, Germany, provided the customer is a merchant or a public law entity.

4. Amendments or supplements to this agreement must be made in writing. Verbal agreements are invalid.