TERMS & CONDITIONS
The following Terms of Service (subsequent “Terms”) define your (subsequent “Customer”) rights and responsibilities when downloading, installing and using our (subsequent “Service Provider”) meeting management add-in, app or online services (subsequent “Service” or “Services”). These Terms might be supplemented by other Terms and Conditions by third parties (e.g. the digital outlets we use to distribute the Service) in the download process.
Since we work hard keeping our Services state-of-the-art, we distribute updates occasionally. This agreement also applies to these updates, unless it is explicitly stated, that other terms apply to the updates or new or changed features.
But by the way, it’s great you are interested in optimizing your meetings and we very much appreciate that you are here! Thank you for taking your share in rescuing the world from bad meetings
§1 Accepting the Terms of Service
Before we start, let’s get one thing clear: by downloading, installing or using (or attempting to do any of the aforementioned) the add-in, app or online service, you accept these Terms of Service AND THEY TAKE EFFECT IMMEDIATELY. If you do not agree, please do not (try to) use our services.
§2 Legal Entities
All contracts are concluded between the Customer and the Service Provider. The contracting party for the Service Provider is 7interactive GmbH (company no. HRB117533B), Westendallee 92F, 14055 Berlin, Germany
§3 Modifications to the Terms of Service
We reserve the right to modify, change or alter the Terms of Service at any time. They will take effect 15 working days after being published on our website or provided otherwise to the users and only if you do not object within this 15-day period. But since we provide our Service to many users worldwide, we cannot handle different Terms of Services and therefore objections to the new Terms will obligate you to actively terminate your contract to the end of your current contract period. If you object to the new Terms, the existing Terms will stay in effect until the end of your current contract period. If you fail to terminate your contract and the contract is automatically renewed, the new Terms will apply from that point in time.
§4 Scope of provided Services
The provided Services help you manage your meetings. Many of the provided Services cannot be used as standalone applications but require a valid license for other products (e.g. Office 365 or Outlook). The scope of the Service and the feature set can be changed, altered or reduced at any time without notification of and without explicit permission by the users. The license therefore does not grant the rights for certain features or a certain outcome when using the Service.
There are two license models for our Services. The single user license for one named user that is attached to a Microsoft account and that can only be acquired via Microsoft and its digital outlets. And a corporate license with flexible terms according to the number of users within an organization.
The single user license has a monthly paid subscription model and the Service can be terminated every month. The billing will be facilitated by Microsoft’s digital outlets and the handling fee is at the expense of the Service Provider. All single user licenses renew and be billed every month automatically until the contract is terminated as stated in the Microsoft regulations. The license fee is liable to pay if a valid contract applies. Not actively using the Services will therefore not indemnify the Customer from the payment obligation.
The corporate license contains a defined number of users for a defined number of months. All payments will be processed directly between the Customer (corporation or organization) and the Service Provider with different payment methods available. For details, please visit our website or the publications on the Microsoft digital outlets. The Service Provider is free to offer an organization a corporate license. This is subject to company size, number of users, credit rating and other aspects of the organization. In any case, the Service Provider reserves the right to do credit checks before the confirmation of a service agreement.
§6 Abuse of provided Service
You may not register for, download or use the provided Services for purposes that might corrupt the Service itself or damage the interests of third parties. This includes changing or altering the Services or code or any other component (e.g. network connections) included in or used by the provided Service. Violations will be prosecuted and compensations (also for consequential loss) will be claimed.
§7 Liability, Limitation and Damage Exclusion
The Service Provider undertakes a lot of procedures and arrangements to ensure the availability and security of the Service. But as in all technical systems, there may be downtimes, latencies, undetected flaws or incompatibilities with other software solutions or network components.
Therefore, the Service Provider cannot be held liable for any damage caused by downtimes, incompatibilities, unexpected shut-downs and other issues that even may result in a loss of data or other damages. Since the Service itself does not store any content added by the users and rather uses existing software solutions provided by the Customer, it is in the sole responsibility of the Customer to ensure that no loss of data may occur.
Our Services are only available on an “as is” or “as provided” basis. Therefore, we exclude all warranties for defects and do not guarantee uninterrupted availability, accuracy, a certain quality, reliability, completeness or usefulness OF our Services.
In the unlikely event our Service caused any harm, the Customer is obliged to raise the complaint immediately and without any delay as a COMPLAINT NOTICE to the Service Provider. Complaint notices can be filed by any means of reliable communication (documented delivery) and have no particular form other than being marked clearly as complaint notice.
In any case, the Customer must prove the damage occurred and was caused by the provided Service. The possible compensation for legitimate complaints to the Customer is restricted to the amount, the Customer has paid on subscriptions in the last 12 months, starting back from the event causing the damage.
But to test drive our Services and eliminate or reduce possible later issues, we offer a free trial period with the full functionality prior to any paid subscription. That way you can experience yourself, how the Services work, whether they meet your needs and expectations and whether they are compatible with your existing infrastructure.
§8 Public Reference
Unless the Customer states otherwise in writing directly to the Service Provider, the Service Provider may disclose the Customer as a reference customer. Only for that single purpose, the Service Provider is granted the rights to use the Customer’s company name and logo on the Service Provider’s website and other promotional materials. These rights can be revoked at any time by the Customer.
§9 Contractual Communication and Conditions of Purchase
Except where stated explicitly otherwise, all binding contractually communication must be in writing. The corporate address of the Service Provider is 7interactive GmbH, Westendallee 92F, 14055 Berlin, Germany. Precautionary, the Service Provider objects any conditions of purchase that may be presented by the Customer.
§10 And finally …
The Terms have been written in English language since the Services are offered worldwide and we think it is more helpful for most of our Customers. However, the parties agree, the presented Terms are governed by German laws and the language for any legal dispute is German with Berlin (Germany) as place of jurisdiction.
In case any party wants to assign their existing license agreement with these Terms as a basis, they are free to do so at any time without any requirement to obtain permission from the other party.
The parties finally agree, that in case one or more arrangements of the Terms are legally void or ambiguous, a new formulation shall be found by a third-party arbitrator, summoned from the responsible German Chamber of Industry and Commerce (IHK), that comes as close as possible to the intended meaning.