(1) These Terms and Conditions apply to the use of the Software-as-a-Service (SaaS) solutions provided by Dammay Technology, An den Linden 35, 97230 Estenfeld, Germany (hereinafter referred to as the “Provider”).
(2) They apply exclusively to businesses, in particular restaurants, nail salons, or comparable service providers (hereinafter referred to as the “Customer”).
(3) Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to them in writing.
(1) The subject of the contract is the paid provision of a cloud-based software solution for use by the Customer (SaaS).
(2) The software includes:
(3) The provision is exclusively a service; hardware (smartphones, tablets, computers, printers) is not part of the contract.
(1) The Customer shall provide the required hardware (e.g., smartphone, tablet, computer, printer) as well as a stable internet connection.
(2) The software is optimized for common operating systems (iOS, Android).
(3) The Provider guarantees the use of the software only on supported platforms.
(1) The use of the Cloud-TSE is limited to a maximum of 10,000 transactions per calendar month.
(2) Exceeding this limit may be documented by the Provider and charged with additional fees.
(3) Further claims by the Customer arising from service limits are excluded.
(1) The Customer undertakes to:
(1) All data, including TSE-relevant cash register data, will be stored in the cloud for a maximum of 3 months.
(2) The Customer is responsible for regularly backing up their own data via data export in the app.
(3) The Provider assumes no liability for data loss, incompleteness, or unavailability of exported data.
(4) Tax compliance remains the sole responsibility of the Customer.
(1) A monthly usage fee is agreed upon for the use of the software.
(2) Payment terms (e.g., SEPA direct debit or bank transfer) shall be agreed upon separately between the parties.
(1) The contract begins upon signature or electronic acceptance and runs for an indefinite period.
(2) The contract may be terminated by either party with a notice period of 3 months to the end of a month.
(3) The right to terminate for cause without notice remains unaffected.
(1) The Provider shall only be liable for damages caused by intent or gross negligence.
(2) In cases of slight negligence, liability is limited to breaches of essential contractual obligations and to the typical, foreseeable damage.
(3) Liability for lost profits, business interruptions, or indirect damages is excluded.
(4) No liability for tax or legal objections raised by authorities.
(1) Both parties commit to complying with the GDPR.
(2) If the Provider processes personal data on behalf of the Customer, a data processing agreement (DPA) pursuant to Art. 28 GDPR will be concluded.
(1) Amendments and supplements must be made in writing.
(2) Should any provision be invalid, the validity of the remaining provisions shall remain unaffected.
(3) German law shall apply.
(4) Place of jurisdiction, where legally permissible, is Estenfeld.