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GTC – General Terms and Conditions ixala 

Stand:  Juni 2024 

 

These General Terms and Conditions (hereinafter: GTC) govern all legal relationships between SCDS Solutions GmbH (hereinafter: „ixala”) and the users of the service “ixala” (hereinafter: “the service”). 

By setting up a user account or using our services, you agree to the following GTC. This also applies to the use of a free account. 

 

 

  1. Applicability 
  1. These general Terms and Conditions (GTC) apply to the creation and use of a user account, regardless of whether it is a free or paid account. 
  1. Any terms and conditions of the user shall not apply even if ixala does not expressly object to them. 

 

  1. Description of the service 
  1. Ixala provides a service via website, PC software and/or a mobile app to help organize the collaboration of several people on a joint task or project, to share information and to coordinate deadlines. Tasks can be distributed and worked on together in working groups. 
  1. Ixala shall make the service available to the user during the duration of the contract in accordance with these GTC and the specific assignment. 
  1. Ixala is authorised to update the content, functionality and user interface of the service, provided that the usability of the service is not significantly reduced as a result. The user has no right to functional enhancements or updates. 
  1. Ixala grants the user the non-exclusive, non-sublicensable, non-transferable right to use the service for the term of the contract. 
  1. There is no unlimited entitlement to the use of a free account. Should the service as a whole or the possibility of free use be discontinued as such, ixala shall inform the user in advance. 
  1. The service may occasionally be restricted in its availability due to maintenance work. Ixala shall endeavour to communicate restrictions in advance and, where possible, to plan maintenance work so that it takes place outside the usual times of use. However, there is no entitlement to the aforementioned. 
  1. Ixala points out that the service is not designed for use in sectors that require fail-safe systems, such as emergency medical care or disaster control. 
  1. An internet connection is required during active use of the service. The devices, programmes and costs/fees incurred in connection with internet access are the sole responsibility of the user. 

 

  1. Conclusion of contract, registration 
  1. In order to use the service, a user account with an e-mail address and other details is required for registration. In the event of changes, the user is obliged to update his/her registration data (e.g. change of name or address). If there is reasonable doubt as to the accuracy of the information provided, ixala has the right to block the user account and refuse future registrations. 
  1. Only persons of legal age are permitted to use the service. Minors require the prior consent of their legal representative to register. Ixala is authorized to obtain the written consent of the legal representative. 

 

  1. Obligations of the user 
  1. The user warrants that he/she is authorized to transmit any personal data of users or third parties to ixala. Ixala shall process personal data directly or through processors / subcontractors only in accordance with these GTC and the applicable data protection regulations (e.g. in accordance with the data processing agreement). 
  1. The user is obliged to inform ixala immediately if he/she discovers or becomes aware of unauthorized access or any other breach of the security of the service. 
  1. The user is obliged to answer to messages sent by ixala, e.g. announcements of maintenance work, fault reports, administrative notifications etc., if necessary, 
  1. The user is not allowed to 
  1. make the service available to other persons beyond the scope of his/her contract; 
  1. access the service via other interfaces and applications than those offered by ixala; 
  1. sublicense, sell, rent or otherwise commercially exploit the service directly (i.e. as the core of its performance); 
  1. copy, modify, adapt or hack the service by reverse engineering; 
  1. use internal documents or knowledge to develop a similar service as a competing product; 
  1. disclose his/her login data to third parties; 
  1. use the service to violate applicable laws, intellectual property rights of third parties (in particular copyright) or personal rights or to prepare criminal offences; 
  1. use the service to share or promote racist or ethnic ideas with others; 
  1. use the service to store programmes or files containing malware or viruses; 
  1. provide pornographic content or other content which is harmful to minors; 
  1. intentionally disrupt or influence the service and its websites that are needed for access, network technology and other services of ixala. 

In the event of a breach of the aforementioned terms of use, ixala is entitled to block or delete the user’s account. If the user has already paid for fee-based features which he/she can no longer use due to a blocking or deletion, the payments for the non-use period will be refunded on a pro rata basis and with deduction of an appropriate processing fee. 

  1. If ixala suspects a breach of the above terms of use or any security / technical problems, the company has the right to check user data and content. Furthermore, ixala is authorized to check the data to safeguard its own rights and the rights of third parties. 
  1. The user is solely responsible for the content he/she enters in ixala. Ixala does not check the content for legality of completeness. Hannah is therefore not liable for content that the user makes accessible to third parties via the service. 

 

  1. Payments 
  1. Certain features of the service are subject to fees. The user will be explicitly informed about the costs and the features must be selected by the user. The fee-based features can only be used after billing and payment. 
  1. For fee-based features, ixala will issue a follow-up payment before the end of the term. In order to ensure uninterrupted use of the feature, the user must ensure payment in time. If the payment is not transferred to ixala before the end of the previous booking period, the fee-based feature will be deactivated. The user will only has access to the free features of the service. 
  1. Booked fee-based features shall be invoiced even if they are not used by the user. The sole possibility of use or provision of the feature are subject to payment. 

 

  1. Intellectual property 

Ixala is owner of the intellectual property rights to the service’s programme code, texts, graphics, illustrations, photos and all other works subject to copyright and other intellectual property rights that are integrated into the service. 

 

  1. Termination, cancellation 
  1. The cancellation of a free user account or the user’s work group is possible at any time, the cancellation of fee-based accounts of features at the end of the agreed and already paid term. Credit will not be refunded. 
  1. Notice of cancellation by ixala shall be given in text form (e.g. by e-mail or letter). Notice of cancellation by the user can be given within the user account, both with regard to the cancellation of individual or paid work groups or other fee-based features, as well as with regard to the complete user account. Alternatively, the customer can also give notice of cancellation in text form (e.g. by e-mail or letter), but must then expect longer processing times than in the case of cancellation within the user account.  

 

  1. Liability 
  1. Ixala’s liability shall be limited to three times the annual order value. 
  1. The aforementioned limitation of liability shall not apply if damage is based on fraudulent intent, wilful or grossly negligent behaviour. Furthermore, the limitation of liability shall not apply to damages which have been caused contrary to ixala’s warranty or for damages resulting from injury to life, body or health or for damages under the German Product Liability Act (Produkthaftungsgesetz). 
  1. A claim for damages that are based on the breach of obligations that are essential for the fulfillment of the contract (Kardinalspflichten in German law) is limited to the amount that was typical and foreseeable at the time of the breach of duty (typically foreseeable damage), unless one of the cases mentioned in section 8.2 applies. 
  1. The aforementioned provisions shall also apply to ixala’s employees and agents. 
  1. Ixala shall not be liable for damage caused by temporary downtime of the service, provided that the downtime does not exceed the usual extent of maintenance and technical repairs. 
  1. Ixala is not liable for content provided by users or third-party providers via the service. This also applies to viruses or other malware. 

 

  1. Protection of personal data 
  1. Personal data will be processed in compliance with all applicable data protection regulations for the purpose of fulfilling this contract. 
  1. For data protection reasons, ixala reserves the right to delete user accounts that have been inactive for more than two years after giving advance notice to the user’s e-mail address. This does not apply to paid user accounts or features that have already been paid for as long as the booking period lasts. 

 

  1. Final provisions 
  1. The law oft he Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 
  1. These GTC were composed in German. Only the German version is binding. Translations into other languages are only intended as a service to users. 
  1. If individual provisions of these GTC are or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall endeavour to replace the invalid provision with a provision that meets the legal and economic purpose of the contract best. 
  1. The place of jurisdiction for all legal disputes arising from or in connection with these GTC shall be ixala’s registered office. 
  1. There are no verbal additional agreements. Supplementary of deviating agreements must be in writing to be effective. This written form requirement can only be waived by written agreement. 

 

 

Terms and conditions, version 1.0 as of 15th June 2024 

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