1. Scope
These General Terms and Conditions (“Terms”) govern the use of the CloudyBird platform by entrepreneurs within the meaning of § 14 BGB (German Civil Code) and by legal entities under public law.
The contracting party is Threeples UG (haftungsbeschränkt), Straubinger Straße 34, 80687 München (“we” or “CloudyBird”).
Deviating terms of the customer apply only if we have expressly agreed to them in writing.
2. CloudyBird's services
CloudyBird provides cloud-based software for organisational and work processes. The specific range of functions depends on the plan booked and the service description on the website.
We may develop the platform further technically and functionally, provided this does not unreasonably impair its core contractual purpose.
3. Conclusion of the contract and account
The contract for the free plan and the trial period is concluded when registration is completed; for paid plans, when checkout is completed. Every new organisation can try the Business plan free of charge for 14 days; afterwards the account automatically continues on the free plan at no cost unless a paid plan is booked. A customer account is required for use. You are obliged to keep your login details confidential and to report unauthorised access without delay.
4. Prices and payment processing
4.1 Prices
The prices shown at checkout at the time the contract is concluded apply. Unless stated otherwise, all prices are net prices plus statutory VAT.
4.2 Payment service provider Mollie
Payments are processed by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, the Netherlands. Mollie's terms and privacy information for the payment method chosen apply in addition.
4.3 Due date and late payment
Usage fees are due at the start of the respective billing period. If a payment fails, we inform the administrators. If it is not made up within 14 days, we switch the account to the free plan; the data is retained and remains readable. This does not affect the claim to fees already due.
5. Term and termination
Subscriptions run for an indefinite period with recurring billing according to the chosen plan (monthly or annually) and renew automatically for the respective period. They can be cancelled at any time with effect from the end of the current billing period; the account then continues on the free plan.
The contract as a whole ends when an administrator requests the deletion of the organisation. We announce the deletion by email 7 days in advance and carry it out 30 days after the request; until then the request can be withdrawn. We may terminate the contract for the free plan by giving three months' notice in text form.
The right to extraordinary termination for good cause remains unaffected.
6. Customer obligations
The customer is responsible for the lawful use of the platform and for the content it uploads. Unlawful, offensive or security-endangering content and actions are prohibited.
We back up the data daily. Irrespective of this, the customer can back up its data at any time using the export functions (including a data export per organisation as a ZIP file, the personnel file export and the DATEV export); it should do so before deleting its organisation.
7. Availability and maintenance
We strive to ensure high availability of the platform. However, maintenance, security updates or technical faults may lead to temporary restrictions.
8. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act (Produkthaftungsgesetz).
In the event of a slightly negligent breach of material contractual obligations, liability is limited to the damage that is foreseeable and typical for this type of contract. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. Otherwise, liability for slight negligence is excluded.
On the free plan and during the trial period we are liable – except for injury to life, body or health and under the German Product Liability Act – only for intent and gross negligence. For the loss of data, our liability is limited in amount to the effort required to restore the data from our backups.
9. Data protection
Information on the processing of personal data, including payment processing via Mollie, can be found in our privacy policy.
10. Changes to these terms
We may amend these terms with effect for the future if there is an objective reason for doing so (e.g. changes in the law, further development of the services). We notify the administrators of changes in text form at least six weeks before they take effect. If the customer does not object by the time they take effect, the changes are deemed accepted; we point out this consequence in the notification. If the customer objects, either party may terminate the contract with effect from the time the changes take effect.
11. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for merchants, legal entities under public law and special funds under public law is Munich.
12. Contact
If you have any questions about these terms of use, you can contact us at any time. Further contact details can be found in our imprint.