General Terms and Conditions
for the use of the toastingcode SaaS platform
1. Scope
These General Terms and Conditions (“GTC”) apply to all contracts for the use of the cloud-based software solution (“SaaS”) of
toastingcode UG (haftungsbeschränkt),
Haasenäckerstr. 9, 78224 Singen, Germany
(hereinafter referred to as the “Provider”).
These GTC apply to both business customers (B2B) and consumers (B2C) worldwide.
Deviating or conflicting terms of the user shall not apply unless the Provider expressly agrees to their validity in writing.
2. Subject Matter of the Contract
The Provider makes a cloud-based software solution (Software-as-a-Service) available for use via the internet.
The scope of features, service description, and any usage limits are determined by the current product description on the website or in the user account.
The Provider does not owe any specific commercial or technical outcome, but solely the contractual provision of the software.
3. Conclusion of the Contract
Registration on the platform constitutes an offer to enter into a usage agreement.
The contract is concluded upon activation of the user account by the Provider.
For paid services, the contract is concluded no later than upon successful payment.
4. User Account
The use of the software requires a user account.
The user is obligated to provide accurate and complete information and to keep access credentials confidential.
The Provider is entitled to suspend or delete user accounts in the event of violations of these GTC.
5. Services of the Provider
The Provider makes the software available for use in its current version.
Maintenance work, updates, and further developments may lead to temporary restrictions.
There is no entitlement to a specific level of availability unless expressly agreed otherwise.
6. AI-Powered Features
The software may contain AI-powered features.
The results provided do not constitute a guarantee of accuracy, completeness, or fitness for a particular purpose.
The user remains solely responsible for reviewing and using the results.
7. Usage Rights
The Provider grants the user a simple, non-transferable right of use limited to the duration of the contract.
Redistribution, rental, sublicensing, or modification of the software is not permitted.
Reverse engineering, decompilation, or circumvention of protective mechanisms is prohibited.
8. User Obligations
The user undertakes to use the software only in compliance with applicable laws.
The following is expressly prohibited:
- processing of unlawful content,
- attempts to circumvent security mechanisms,
- abusive or excessive use.
The user shall indemnify the Provider against all third-party claims arising from unlawful use.
9. Fees and Payment Terms
The use of certain features may be subject to charges.
Prices are determined by the current price list.
Billing is carried out on a regular basis (e.g., monthly or annually) in advance through the payment service provider Stripe.
In the event of payment default, the Provider is entitled to suspend access to the software.
10. Term and Termination
a) B2B
Contracts run for an indefinite period or for the agreed minimum term.
Termination is possible at any time with effect at the end of the billing period, unless otherwise agreed.
b) B2C
Consumers may terminate the contract at any time with effect at the end of the billing period.
Statutory rights of withdrawal remain unaffected.
11. Availability and Liability
The Provider is liable without limitation in cases of intent and gross negligence.
In cases of slight negligence, the Provider is only liable for breaches of material contractual obligations, limited to the foreseeable damage typical for the contract.
Liability for lost profits, data loss, or consequential damages is excluded to the extent permitted by law.
12. Liability for Content
The Provider is not responsible for content that users process or store in the software.
The user remains the sole data controller within the meaning of data protection law.
13. Data Protection
The processing of personal data is carried out in accordance with the Provider’s privacy policy.
A Data Processing Agreement (DPA) pursuant to Art. 28 GDPR is offered for B2B customers.
14. Intellectual Property
All rights to the software remain with the Provider.
User content does not establish any rights to the source code or the software.
15. Amendments to the GTC
The Provider reserves the right to amend these GTC.
Users will be informed in a timely manner.
If the user does not object within 14 days, the amendments are deemed accepted.
16. Applicable Law and Jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For business customers, the place of jurisdiction is the registered office of the Provider.
For consumers, the statutory provisions on jurisdiction apply.
17. Final Provisions
Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
Amendments and additions require text form.