General terms and conditions

§ 1 General

a) Scope
These general terms and conditions apply to all business relations between Avatask, a project of the company for digital document processing mbH, Biggestrasse 16, 57462 Olpe, represented by its managing directors: Heribert Wrede, Dr. Alfred Weis (hereafter called Avatask), and the customers at the conclusion of the contract, the currently valid version at this point in time. Opposition of the general terms and conditions by the customer will hereby be explicitly rejected.

b) Contract agreement
The contract language is Englisch. Customers under these general terms and conditions are exclusively entrepreneur within the meaning of § 14 BGB.

§ 2 Conclusion of contract

a) The contract was concluded with the free trial
To use the full scope of this site and the app, you first need to create a customer account. For service to be provided through Avatask essential data will be hereby requested. The entries are confirmed by clicking on the “Start Free Trial” button. The customer thereon receives a confirmation email with the information necessary for a login. The registration is complete only when the customer first logs into Avatask with this information.
The password, which allows customers to access their personal area, is strictly confidential and may not be disclosed to third parties under any circumstances. The customer shall take appropriate and reasonable measures to prevent the disclosure of their password by third parties. A customer account may not be transferred to other users/customers or other third parties.

b) Conclusion of contract for purchase and use of the app
The contract for the paid use of the app only becomes valid at the end of the 30-day trial period, if the customer agrees to this in writing.
If the customer concludes no contract for the paid use of the app after 14 days following the 30-day trial period, all customer data will be irretrievably lost. Subsequently, there is no way to save customer data.

c) Saving of the contract text
The contract will be saved by Avatask and sent to the customer after submitting the order along with customer information in writing (i.e., e-mail, fax or by mail). However, the contract text may no longer be available on the website of the seller for the customer after dispatch of the order.
The customer can print out the relevant web page with the text of the contract using the print function of the browser. After the end of the contractual period all customer data will be irretrievably deleted. After expiration of the cancelation period, in which the termination was explained, there is no way to save customer data.

d) Subsequent changes to the Terms and Conditions
Avatask is entitled to the retroactive adjustment and supplementation of the General Terms and Conditions with respect to existing business dealings where changes in legislation or case law requires it or other circumstances that lead to contractual relationship equivalence is not only marginally disturbed. A subsequent change to the Terms and Conditions will be effective when the customer does not object within six weeks of notification of the change. Avatask will inform the customer at the commencement of the term how not responding will be considered acceptance of the contract amendment and provide the opportunity to make a formal statement during that term. If the customer objects within the time stipulated, both Avatask and the customer can exceptionally terminate the contract.

§ 3 Description of service

a) General
Avatask provides its customers with a professional business app for organizing tasks and projects. Avatask offers many features such as task assignments, alerts, filters, reminders.

b) Service provision
Avatask is to be entitled to fulfill the contract or parts of the contract by a third party.

c) Users soliciting users
Customers who already use the app have the opportunity as an administrator to invite other people for the use of the app. You can send messages to other people for this purpose. In the message, the third party receives a usage link that confirms the invitation. Avatask reserves the right to limit the number of users that the administrator can invite.

d) Service delays
Service delays due to force majeure or due to extraordinary and unforeseeable events which can not be prevented even through the utmost care of Avatask (this particularly includes strikes, governmental or court orders and cases of incorrect or improper self-delivery despite pertinent hedging transaction), Avatask does not represent. They entitle Avatask to postpone service for the duration of the disabling event.

e) Withdrawal
In case of unavailability of the aforementioned reasons Avatask may withdraw from the contract. Avatask is committed to the process of notifying the customer immediately about unavailability and to reimburse any already paid considerations without delay.

f) Time of performance
Unless expressly agreed to otherwise, Avatask provides the service by activating the app immediately after conclusion of the contract.

§ 4 Technical requirements

a) General
The use of the app from Avatask requires specific compatible devices, a license and sufficient Internet access. It is up to the customer to hold or put their device into a state which allows the use of the app. The app can be controlled with iOS and Android systems.

b) Account registration
Avatask reserves the right to limit the number of accounts associated with a device and devices associated with an account.

§ 5 Term and availability

a) Term
The term of the purchased contract license is one year from the conclusion of the contract. An automatic extension of the license takes place upon renewal of the contract.

b) Availability
Avatask does not guarantee the permanent availability of the services offered. Avatask does not ensure that the offered services or parts thereof will be made available or can be used from any location.

§ 6 Payment

a) Prices
All prices are exclusive of VAT. The fixed price for the use of the app is per company, not per user.

b) Delayed payment
The customer is in default of payment if payment is not received by Avatask within two weeks after receipt of the invoice. With a late payment, interest at the rate of 9 percentage points will be charged on the base rate of the European Central Bank. Should the customer fall into arrears with their payments, Avatask reserves the right to charge late fees in the amount of 5 Euros. The assertion of any further indemnity remains unaffected. The customer retains the option to prove that Avatask has suffered no or only minor damage.

c) Right of retention
The assertion of the right of retention is due to the customer only for such counter-claims that are due and are based on the same legal relationship as the obligation of the customer.

d) Account blocking in case of default
In default of payment, the account of the user can be blocked immediately. The data will be made available again after the receipt of the outstanding payment(s).

§ 7 Cancellation

a) General
The term of a contract is one year. Customers have the option to terminate the concluded contract as of the end of the current contract period. Notice of cancellation must be in writing. The definitive moment for the effectivity of the cancellation is its receipt by Avatask.

b) Cancellation periods
The cancellation period amounts to three months.

c) Consequences of lack of cancellation
The contract is automatically extended for another year if the customer does not cancel within the cancellation period. Cancellation for an important reason shall remain unaffected. An important reason is then given when either Avatask or the customer cannot undertake the continuation of the contract until expiration of the cancellation period, taking into account all circumstances and under consideration of both parties’ interests.

§ 8 Responsibility of the customer

a) Content of the sales order
Only the customer is responsible for the content and accuracy of the reported data and information on the application within the app. The customer is also obligated to not transmit any data whose contents violate the rights of third parties or violate existing laws. The customer confirms the transfer of data to Avatask to have complied with the copyright laws.

b) Exemption
The customer indemnifies Avatask of all claims against Avatask asserted by any third party because of such violations. This also includes reimbursement of costs for necessary legal representation.

§ 9 Data backup obligation

Avatask conducts effective data backups as part of its service, but provides no general protection guarantee for data that the user enters into the system. The user is also responsible for periodically creating adequate backups of their data and thus prevent data loss. Avatask uses adequate caution while providing the agreed services and will provide data backups with the necessary expertise. However, Avatask does not ensure that stored content or data that is accessed by the user will not be accidentally damaged, corrupted, lost or partially removed.

§ 10 Liability

a) Disclaimer
Avatask and their legal representatives and vicarious agents shall be held liable under the following provision only for intent or gross negligence. In cases of slight negligence, the liability relates only to the violation of essential contractual obligations, hence the fulfillment of such obligations of the contract purposes is of particular importance. Hereby the liability is limited to the foreseeable, contractually typical, direct average damage. For customers who are not consumers, Avatask is only liable in case of a grossly negligent breach of unessential contractual obligations only in the amount of the foreseeable, contractually typical, direct average damage.

b) Liability clause
The above disclaimer does not apply to liability for damages arising from injury to life, body or health. The provisions of the product liability law shall remain unaffected by the disclaimer.

§ 11 Use

a) General
The user of this app is obliged to use the services offered by Avatask only legally and in accordance with the permissible GTC scope. Abusive use leads to the exclusion of the rights conferred by the registration of right of use. Avatask will deactivate the user account of the corresponding user after becoming aware of misuse. Any fees already paid will not be refunded in this case.

b) Misuse
An abuse exists in particular for copyright infringement. In addition, abuse lies in the misuse, provision, dissemination or otherwise utilization of illegally acquired data as well as in the distribution or provision of data for illegal purposes. In particular, the Avatask service is abusive when used

  • to send spam,
  • for transmitting and storing infringing, obscene, threatening, abusive or otherwise offending content violating rights of third parties,
  • for transmitting and storing viruses, worms, trojans and malicious computer code, files, scripts, agents or programs,
  • for uploading programs that are likely to interfere with, impair or prevent the operation of Avatask,
  • with the intent to gain unauthorized access to the Avatask service or to individual modules, systems or applications, or to allow third parties access.

c) Exemption
The user agrees to indemnify Avatask of all third party claims, including appropriate or legally stipulated costs for legal prosecution, based on a non-contractual, abusive and/or illegal use of the website services and their contents by the user. The user supports Avatask in the defense of these claims, in particular by the provision of all necessary information for defense. The user is obliged to pay Avatask compensation for the damage that was caused by the successful assertion of such claims by third parties..

§ 12 Final provisions

a) Jurisdiction
It is agreed that the exclusive place of jurisdiction for all legal disputes arising from this contract shall be the place of business of Avatask in Olpe, provided that the customer is a merchant, a legal entity or special fund under public law, or if the customer has no jurisdiction in the Federal Republic of Germany.

b) Choice of Law
Unless mandatory provisions of law under the national law of the customer is excluded, German law applies excluding the UN sales law as agreed.

c) Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining general terms and conditions.