Condizioni di uso di snapADDY GmbH

Valide per tutte le stipule contrattuali a partire dal 1° gennaio 2025.

When did you conclude your contract?

If you concluded your contract on or after January 1, 2025, the terms and conditions listed on this page apply.

For contracts between 01.01.2021 and 01.01.2025: Show version
For contracts before 01.01.2021: Show version

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

"Software" refers to software add-ins, browser extensions, mobile applications, websites, or other media.
"Users" are the users of the software and the entire offering.
"Customers" or "Clients" are companies, organizations, institutions, municipal administrations, or commercial enterprises that use snapADDY software.
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.
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.
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

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.
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.
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.
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.
As part of its services, such as support and consulting, snapADDY acts solely in an advisory capacity and cannot guarantee any specific success.
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.
The customer's right to withdraw from the contract is governed by statutory provisions.
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

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

snapADDY reserves the right to change the snapADDY software at any time in a way that is reasonable for the customer, e.g. to further develop it or improve its quality. The contractually agreed scope of services is generally retained in the event of a change to the software. However, the customer is not entitled to a certain quality of the software and its functionalities.
snapADDY reserves the right to change these terms of use/AGB at any time and without giving reasons. The amended conditions will be sent to the customer by e-mail at least two weeks before they come into force. If the customer does not agree to the amended terms and conditions within two weeks of receipt of the notification of change, snapADDY is entitled to terminate the contractual relationship concerned at the time at which the amended terms and conditions are to come into force or to continue it under the previous conditions.
If snapADDY processes data on behalf of the customer, this is done on the basis of an order processing agreement. snapADDY uses usage data exclusively in pseudonymised form. snapADDY is entitled to use the data for the purposes of monitoring and improving the offer (quality improvement and statistical purposes). Data that is not the subject of order processing within the meaning of sentence 1 is processed by snapADDY as the responsible party within the framework of the applicable legal regulations. snapADDY takes all necessary measures in its area of responsibility with regard to this data in accordance with the applicable legal regulations.
snapADDY only uses anonymised data for the further development and improvement of its software. The anonymised data is used in particular for audit logs for security reasons, performance data to evaluate the infrastructure, log files for troubleshooting and for product-specific evaluations. An evaluation of personal metadata and in particular the transfer of data to third parties does not take place. snapADDY uses customer data to train models for artificial intelligence, provided that the customers give their consent.
snapADDY may take measures if there are concrete indications that a customer violates legal regulations, rights of third parties or these GTC or if snapADDY has another legitimate interest, in particular to protect users from fraudulent activities.
snapADDY is authorised to commission third parties, in particular subcontractors, for all services. These are then vicarious agents of snapADDY. Without prejudice to snapADDY's rights due to default of the customer, the provision periods shall be extended by the period in which the respective contractual partner does not fulfil his obligations towards snapADDY.

5. Rights and Obligations of the Customer

Authorisation
1. The customer must provide all personal or company-related data to be collected in the ordering process completely and truthfully. He is responsible for the correctness of his data and guarantees snapADDY their accuracy and timeliness. Should there be any changes, snapADDY must be informed immediately.
2. The customer must ensure that third parties cannot access his access data. The customer is solely responsible for the use of the software and for any misuse.
Use and access
1. After conclusion of the contract, the customer receives the number of user accesses specified in the order process from snapADDY. Thereby snapADDY grants the customer the right to use the ordered software for the specified period of use.
2. The customer is not authorised to pass on or publish data to third parties that arise in the context of the contractual relationship with snapADDY or in the context of use. He is obliged to use the services provided by snapADDY only for the contractually agreed purposes.
3. The customer guarantees snapADDY not to violate any legal regulations and to comply with the applicable data protection laws, regulations and guidelines. In particular, he does not violate the property rights, industrial property rights and rights of use of third parties.
4. The customer is obliged to check the legal admissibility of the commissioned services himself. This applies in particular in the event that the services of snapADDY violate competition law, copyright law, trademark law, data protection law or other legal regulations, unless snapADDY has knowledge or grossly negligent ignorance of this.
5. The customer is obliged to ensure that the information, data, texts, files and images provided by him to snapADDY for the contractually agreed services to be provided by snapADDY do not violate legal regulations and/or the rights of third parties. The customer is prohibited from using illegally obtained data and/or entering it into the software. In particular, he is obliged not to process any unlawfully acquired and/or processed data. The customer shall indemnify snapADDY from any liability with regard to the use of the information, data, texts, files and images provided and any resulting claims by third parties and in particular trademark, copyright and competition infringements. Any recourse claims by the customer are excluded.
6. The customer is obliged to regularly back up his settings and data, insofar as these obligations do not lie with snapADDY according to the type and scope of the respective contract.
Misuse
1. The customer may only use the snapADDY products in a relationship corresponding to the normal contractual scope of use.
2. Named user licences may only be assigned to natural persons (personal licence). In particular, the assignment of named user licences to shared e-mail inboxes or collective e-mail inboxes (e.g. info@..., service@...., marketing@...., etc.) is not permitted.
3. Automated, mass use within the interface and/or the use of undocumented but accessible API endpoints is not included in the scope of use and is not permitted to the customer.
4. Any behaviour in breach of the obligations set out in this section may result in the corresponding access being blocked.
Security
1. The customer undertakes not to send any spam messages and not to use any automatic electronic programmes or robots or to make his snapADDY access available for this purpose.
2. The customer undertakes not to distribute or post any viruses, malware, harmful links or other harmful components, as well as links to illegal websites and malicious content.
3. The customer shall not use any tickers or adware and shall not use any programmes or content that could impair the standard operating system or the security of the server. The customer is prohibited from using crawlers, web agents or similar software tools that contradict normal use in accordance with the contract.
4. The parties shall work together in a spirit of trust. If a contracting party recognises that information and requirements, whether its own or those of the other contracting party, are incorrect, incomplete, unclear or impracticable, it must inform the other party of this and the consequences it recognises without delay. The parties shall then seek and endeavour to achieve a solution in accordance with their interests, if necessary in accordance with the provisions on changes to services. The customer's obligations to co-operate are generally set out in the respective offer and these terms and conditions. The list of obligations mentioned is not exhaustive. The customer shall fulfil the obligations to cooperate specified in this § 5 free of charge.
5. If the customer does not fulfil his obligations to cooperate after setting a reasonable deadline, snapADDY is entitled to terminate the contract extraordinarily. snapADDY is entitled in this case to demand the remuneration incurred up to this point in time. Further claims for damages remain unaffected by this.
6. If third parties assert claims against snapADDY according to the mentioned clauses, snapADDY will inform the customer immediately. The customer undertakes to indemnify snapADDY from any liability towards third parties, to support snapADDY in the legal defence and to bear the costs of the appropriate legal defence, insofar as snapADDY is not at fault. The customer is obliged to provide snapADDY immediately, truthfully and completely with all information necessary for the examination of the claims and a defence in the event of a claim by third parties.

6. Remuneration, Due Dates, Default

The amount of remuneration and the invoicing method shall be based on the respective contractual agreement or on these terms and conditions.
All prices are quoted net, plus statutory VAT. The remuneration is due for payment when the invoice is issued. The term of payment is 30 days. A discount deduction is not recognised (without deduction). Bank charges and other payment transaction fees shall be borne by the customer.
If the customer does not pay after a reminder from snapADDY, the default interest and the damage caused by default are based on the statutory provisions.
If the customer is in default of payment for two months and does not fulfil his obligations, snapADDY is entitled to withhold further services, to interrupt ongoing services and to withdraw from the contract with immediate effect or to terminate the contract without prior notice.
If it turns out at the time of the contract extension that the price index (Harmonised Index of Consumer Prices HICP - overall index (2015=100) European Union (EC6-1972, EC9- 1980, EC10 1985, EC12-1994, EU15-2004, EU25-2006, EU27), published monthly by Eurostat) has increased in the previous usage period, snapADDY will generally adjust the usage fees for the new usage period without further notice in accordance with the increase in the HICP, whereby the month of the start of the contract = 100%.
The customer only has the right to offset if his counterclaims have been legally established or recognised by snapADDY.
The customer's right of retention is governed by the statutory provisions.

7. Warranty and Liability

The customer assumes unlimited liability for all damages incurred by snapADDY as a result of the customer's failure to cooperate or to cooperate completely and/or correctly in accordance with § 5 of these terms and conditions. However, the customer can provide evidence to the contrary that the failure to co-operate or to co-operate completely and/or correctly is not the cause of the damage.
In particular, the customer is liable for ensuring that the software and the functionalities are not used for illegal purposes or purposes that violate official regulations or requirements, or that corresponding data is not created and/or stored on a server or locally.
snapADDY provides its services in accordance with the current state of the art. When providing its services, snapADDY owes the care customary in the industry. When determining whether snapADDY is at fault, it must be taken into account that software cannot be technically created without errors and that creative and/or technical services cannot be provided without errors. Technical data, specifications and performance data in public statements, in particular in advertising material, are not quality specifications and are not warranted characteristics. The functionality of the respective service is based on the offer and the supplementary agreements made in text form.
snapADDY guarantees an annual average server availability of 99.5 %. snapADDY is not liable for claims arising from the fact that the software is temporarily unavailable, in particular due to maintenance work, provided that the downtime does not exceed a total time of more than 0.5 % of a year per calendar year and in the case of longer downtimes there is no intent or gross negligence. In the event of service failures due to a fault outside snapADDY's area of responsibility, no refund of fees will be made. Measures that serve to identify and rectify malfunctions will only lead to a temporary interruption or impairment of availability if this is absolutely necessary for technical reasons. snapADDY is not liable for damages resulting from the failure of services, unless snapADDY is at fault.
snapADDY is not liable for the loss of data and/or programmes insofar as the damage is based on the fact that the customer has failed to carry out regular data backups at short intervals customary in the industry and thereby ensure that lost data can be restored with reasonable effort, unless the respective data backup is one of snapADDY's main performance obligations.
Subsequent fulfilment is carried out at snapADDY's discretion by eliminating the defect, delivering a program or another item that does not have the defect, or by showing ways in which the effects of the defect can be avoided. The customer may not enforce a reduction by deducting from the agreed remuneration. Corresponding claims for enrichment or damages remain unaffected. The customer's right of cancellation due to failure to grant use in accordance with Section 543 (2) sentence 1 no. 1 BGB is excluded, unless the repair or replacement delivery is deemed to have failed.
Liability for defects is excluded for defects caused by external influences for which snapADDY is not responsible, force majeure or improper use by the customer. The customer shall report defects immediately. The notification can initially also be made by telephone, but must be submitted in text form on the third working day at the latest.
snapADDY is liable without limitation in the event of intent or gross negligence, for injury to life, body or health, in accordance with the provisions of the Product Liability Act, in the event of fraudulent concealment of defects and to the extent of a guarantee assumed by snapADDY.
The limitation period for claims for damages by the customer due to liability in accordance with paragraph 8 shall be determined in accordance with the statutory provisions. The limitation period for other claims for damages by the customer is one year. It shall commence at the end of the year in which the claims arose and the customer became aware of the circumstances giving rise to the claim and the person of the debtor or did not become aware of them due to gross negligence, but at the latest the limitation period for other claims for damages shall be five years from the time they arise and ten years from the commission of the act, the breach of duty or the other event causing the damage, in deviation from the statutory provisions.
Notwithstanding the provision in paragraph 8, snapADDY shall only be liable for simple negligence in the event of a breach of essential contractual obligations, i.e. the breach of obligations whose fulfilment is essential for the proper execution of the contract of use and on whose compliance the customer may regularly rely (‘cardinal obligation’). In the event of a negligent breach of a cardinal obligation, snapADDY's liability is also limited to the foreseeable damage typical for the contract. The foreseeable damage typical for the contract according to paragraph 10 sentence 2 amounts to a maximum of 100% of the annual contract volume (remuneration to be paid by the customer to snapADDY within the contract year in which the damage event occurs for all services of snapADDY with regard to the use of the service by the customer) or EUR 10,000.00 per contract year, whichever is higher.
The limitation of liability in paragraph 10 also applies to lost profits and lost savings.
Notwithstanding the provision in paragraph 8, the strict liability of snapADDY according to § 536a BGB due to defects that already existed at the time of the conclusion of the contract is expressly excluded.
The above limitations of liability also apply in the event of fault on the part of a vicarious agent of snapADDY as well as for the personal liability of snapADDY employees, representatives and organs.
Liability is otherwise excluded.

8. Contract term, cancellation, blocking

The contract term of the contract of use is the period specified in the offer, but at least one year from the conclusion of the contract, unless otherwise agreed.
If the contract is not cancelled by the customer at least one month before the end of the contract term, it is automatically extended for the same period under the same conditions.
Cancellation must be in text form. The right to terminate for good cause remains unaffected by this. Good cause shall be deemed to exist in particular if
1. the customer permanently suspends payment or announces this,
2. the customer is more than two months in arrears with payment of the invoice within the meaning of § 5 of these terms and conditions,
3. the customer has filed an application for the opening of insolvency proceedings,
4. the customer does not fulfil his obligation to cooperate under these terms and conditions in due time or
5. it transpires that the customer is a direct competitor.
If the Customer or a user designated by the Customer violates these provisions with a contractually provided access, the Contractor may first warn the Customer and, in the event that the behaviour in violation of the contract is not remedied, block the respective user or, in the event of repeated violations, all users of the Customer and immediately delete the affected application data with prior notice in text form if the violation can be demonstrably remedied as a result. If the blocking was ordered by the authorities to avert danger or to avert danger to the Contractor, its customers or other users, the notification can only be made after the blocking.

9. Data Protection

snapADDY collects, stores and processes the company and personal data (inventory data) obtained in the context of the contractual relationship and other data that arise in the context of use by snapADDY for the purpose of contract processing, billing and the implementation of the services used by the customer in accordance with the statutory data protection regulations.

10. Final Provisions

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising from the contract is the registered office of snapADDY GmbH if the customer is a merchant within the meaning of the German Commercial Code (HGB) or has no registered office or habitual residence in the Federal Republic of Germany at the time the action is brought.
Should individual provisions of these General Terms and Conditions become invalid or void in whole or in part or become invalid or void in whole or in part as a result of a change in the legal situation or as a result of supreme court rulings or in any other way, the parties agree that the remaining provisions of these General Terms and Conditions shall remain unaffected and valid. In this case, the parties undertake, taking into account the principles of good faith, to agree an effective provision in place of the ineffective provision which comes as close as possible to the meaning and purpose of the ineffective provision and which it can be assumed that the parties would have agreed if they had known or foreseen the ineffectiveness or invalidity. The same applies to any loopholes.