Terms and conditions

§ 1 Scope

1. These General Terms and Conditions (“Terms”) apply to all contracts for the use of the Firetracker software (the “Service”) between Fireflow GmbH, Hans-Sachs-Str. 5, 80469 München, Germany (the “Provider”) and its customers.
2. Customers may be consumers (Section 13 German Civil Code, BGB) or businesses (Section 14 BGB). Conflicting terms of the customer only apply if the Provider expressly agrees to them in text form.

§ 2 Services

1. The Provider makes the Service available as software-as-a-service via the internet. The scope of functions follows from the service description on the website and the selected plan.
2. The Provider may develop and change the Service, provided the agreed core functions are retained and the change is reasonable for the customer.
3. The Provider strives for high availability of the Service. Excluded are maintenance windows, which are announced in advance where possible, and disruptions for which the Provider is not responsible.

§ 3 Registration and conclusion of contract

1. Use of the Service requires a user account. Completing registration concludes a contract for the free plan.
2. A paid plan is booked by selecting a plan under “Plan & billing” and completing the order using the button for a paid order.
3. Information provided during registration must be truthful. Access credentials must be kept secret.

§ 4 Trial period

New workspaces can test the features of higher plans free of charge for a limited period. The trial ends automatically; unless a paid plan is booked, the workspace continues on the free plan. No costs are incurred.

§ 5 Prices and payment

1. The prices per user and billing period shown on the website at the time of booking apply. For businesses, prices are exclusive of statutory VAT; consumers are charged prices including VAT.
2. Fees are payable in advance for each billing period (monthly or yearly). Payment is processed by the payment service provider Mollie B.V. using the payment methods offered there.
3. If users are added or the plan is upgraded during a billing period, the difference is charged pro rata.
4. If the customer is in default of payment, the Provider may downgrade the workspace to the free plan after an unsuccessful reminder and the expiry of a grace period. The customer's data is retained.

§ 6 Term and termination

1. Paid plans run for the selected billing period and renew for the same period unless cancelled before it ends. Cancellation is possible at any time, effective at the end of the current billing period, under “Plan & billing”.
2. Either party may end the free plan at any time; the customer can do so by deleting the account.
3. The right to terminate for good cause remains unaffected.

§ 7 Customer obligations

1. The customer uses the Service only in accordance with applicable law. In particular, the customer is responsible for ensuring that recording data of its employees (e.g. locations, screenshots, application usage) is lawful and that works councils and employees are involved or informed where required.
2. The customer must not misuse the Service, in particular must not introduce malware, circumvent security mechanisms or place an excessive load on the infrastructure.

§ 8 Customer data and data protection

1. Data entered by the customer remains the customer's property. The customer can export its data at any time.
2. Where the Provider processes personal data on behalf of the customer, the parties conclude a data processing agreement under Art. 28 GDPR, which the Provider provides on request.
3. After the end of the contract the customer can export its data for another 30 days; the data is then deleted unless statutory retention obligations apply.
4. Otherwise the privacy policy applies.

§ 9 Liability

1. The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act.
2. In the event of a slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
3. Towards businesses, liability under paragraph 2 is limited per contract year to the fees paid in the last twelve months.
4. The customer shares responsibility for adequately backing up its data; the Service provides export functions for this purpose.

§ 10 Right of withdrawal for consumers

§ 11 Changes to these Terms

The Provider may amend these Terms with effect for the future where this is necessary for a valid reason (e.g. changes in law, new features) and the customer is not unreasonably disadvantaged. Changes are announced by email at least six weeks before they take effect. If the customer does not object within this period, the changes are deemed accepted; the announcement will point out this consequence. In the event of an objection, either party may terminate the contract with effect from the date the change takes effect.

§ 12 Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the state of their habitual residence.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes is the Provider's registered office.
3. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.