General terms and conditions

vis.dev UG (haftungsbeschränkt) & Co. KG - General Terms and Conditions 

Preamble

vis.dev UG (haftungsbeschränkt) & Co. KG, Malteserstraße 14, DE-48165 Münster, Germany, (hereinafter referred to as "vis.dev") offers software for rent via the online trading platform http://www.atlassian.com (hereinafter referred to as "ATLASSIAN-Marketplace").

The current app offer of vis.dev can be viewed at the following link:

at https://marketplace.atlassian.com/vendors/1219642/vis-dev-ug-haftungsbeschr-nkt-co-kg

The software offered by vis.dev at the time of the conclusion of the contract is hereinafter referred to as the "SOFTWARE".

The SOFTWARE offered is protected by copyright (§§ 69a ff. UrhG). The following licence terms and conditions are agreed between vis.dev and the customer to regulate the use of the offered SOFTWARE by the customer.

1. General

1.1 The following terms and conditions shall apply, subject to a deviating agreement, to all rental agreements, provisions and services of vis.dev with regard to the SOFTWARE vis-à-vis the customer in accordance with the rights of use agreed below.

By sending / submitting his order the customer acknowledges the validity and content of these General Terms and Conditions (hereinafter referred to as "GTC").

In addition to the provisions of these GTC, the statutory provisions shall apply exclusively, unless these GTC have been waived in whole or in part by individual agreement.

1.2 Customers may be consumers or businesses.

In this context, a consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed activity.

A business is any natural or legal person or partnership who enters into a legal transaction in the exercise of his or her legal transaction in the exercise of its commercial or self-employed activity.

2. Subject matter of the contract

2.1 The customer acquires from vis.dev a right of use, limited in time, for the use of the SOFTWARE and the SOFTWARE described in detail in the offer as well as the associated application documentation (hereinafter referred to as "DOCUMENTATION") (together referred to as "subject matter of the contract") under the terms and conditions agreed in these GTC.

2.2 The source code of the SOFTWARE is not part of the contractual objects.

2.3 For the installation of the SOFTWARE vis.dev refers to the installation instructions described in the DOCUMENTATION, especially to the hardware and software environment which must be available at the customer's site.

2.4 The DOCUMENTATION is available in German and English. After conclusion of the contract, the DOCUMENTATION shall be sent to the Customer by e-mail to the e-mail address stored by him on the platform.

2.5 For the quality of the SOFTWARE delivered by vis.dev the performance description valid at the time of the provision of the contractual objects and available to the customer prior to the conclusion of the contract is conclusively decisive, which is also described again in the DOCUMENTATION. vis.dev does not warrant any further quality of the SOFTWARE.

The customer cannot draw such an obligation from other representations of the SOFTWARE in public statements or advertising by vis.dev or the statements of employees or sales partners of vis.dev, unless vis.dev has expressly confirmed in writing the quality going beyond this.

2.6 The customer has to inform himself about the essential functional characteristics of the SOFTWARE and the customer bears the risk whether the SOFTWARE corresponds to his wishes and needs to seek the advice of a competent third party prior to the conclusion of the contract in case of doubt. Vis.dev does not guarantee that the SOFTWARE meets the requirements of the customer. Vis.dev does not assume any warranty for technical details or the suitability of the SOFTWARE for a certain purpose, unless otherwise specified in the SOFTWARE's performance description. Specifications laid down in the performance description of the SOFTWARE do not constitute warranties unless they are expressly designated as such. Advertising statements made by vis.dev do not constitute a contractual agreement as to quality.

3. Conclusion of contract

3.1 If a SOFTWARE of vis.dev is placed on the ATLASSIAN-Marketplace, the activation of the offer page is a binding offer for the conclusion of a lease contract according to the conditions contained in the offer page.

3.2 The order is processed via the ATLASSIAN-Marketplace. The corresponding "Atlassian Marketplace Terms of Use" of Atlassian. Pty Ltd (hereinafter "Atlassian") apply.

The customer has on the one hand the opportunity to test the SOFTWARE for 30 days free of charge. For this purpose click the button "Try it free". With the completion of the order via the ATLASSIAN-Marketplace by clicking the button "Start free trial" it is a binding acceptance of the offer for the conclusion of a contract by the customer vis.dev.

The customer has on the other hand the opportunity to rent the SOFTWARE against payment. For this purpose he clicks the button "Buy now" and then the button "Subscribe now". In the event that the customer selects this button, he also has the option of testing the SOFTWARE free of charge for 30 days. Therefore, the button "Start free trial" also appears at the end of the order process. With the completion the order via the ATLASSIAN-Marketplace by clicking the button "Start free trial" it is a binding acceptance of the offer to conclude a contract by the customer vis-à-vis vis.dev.

3.3 Input errors can be corrected until the customer clicks on the button "Start free trial". After that, a correction is no longer possible and the declaration is binding. If the customer wishes to correct an entry, he has the option of using the "Back button" of the browser to to re-enter the data using the mouse and keyboard or to cancel the entire process by closing the window and to start again at a later point in time.

3.4 These GTC can be printed out using the browser's print function or saved on the computer using the "Save page" function. Vis.dev itself does not save the information, the contract information is not accessible to the customer.

3.5 The contract terms are available in German.

3.6 vis.dev has not submitted to certain codes of conduct.

4. Right of withdrawal

Consumers (see section 1.2 for definition) have a right of withdrawal in accordance with the provisions of distance selling law. As a consumer you have the right to revoke your contractual declaration in accordance with the following corresponding instructions:

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal you must contact us,

vis.dev UG (haftungsbeschränkt) & Co. KG

Malteserstraße 14

DE-48165 Münster

 

Tel: +49 160 611 5416

E-mail: mail@vis.dev

 

by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the revocation period it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you cancel this contract, we will return to you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact of delivery other than the cheapest standard delivery offered by us) without undue delay and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

-End of the cancellation policy

Model cancellation form

(If you wish to cancel the contract, please complete this form and return it to us.)

  • to

vis.dev UG (haftungsbeschränkt) & Co. KG

Malteserstrasse 14

DE-48165 Münster

 

E-mail: mail@vis.dev

 

  • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods(*)/ the provision of the following service (*).

  • ordered on (*)/received on (*)

  • Name of the consumer(s)

  • Address of the consumer(s)

  • Signature of consumer(s) (only in case of paper communication)

  • Date(s)

_______________

(*) Delete where inapplicable.

5. Provision of the software

5.1 The SOFTWARE is provided installed within the Customer's user account (hereinafter referred to as "Customer Instance").

5.2 The installation within the Customer Instance shall be automated by Atlassian immediately upon the conclusion of the Agreement.

6. Scope of use

6.1 Vis.dev grants the customer a simple, time-limited right of use to the contractual objects for single and multiple workstation use, but only for the country of destination agreed between the parties in which the contractual objects are to be used. In the absence of any express agreement, the right of use shall be granted exclusively for the country in which the buyer has his place of business. This right of use may only be exercised at the same time by a maximum number of natural persons for whom the customer has paid the rent in accordance with clause 7. In case of additional use, the rent shall be paid as it can be derived from the respectively valid rent price list on the website of the SOFTWARE offer page under "Pricing" (cf. section 7.1).

6.2 The customer may use the SOFTWARE only for the purpose of processing his internal business transactions and those of such companies which are affiliated with him in the sense of § 15 AktG ("group companies"). In particular, (i) a computer centre operation for third parties or (ii) the temporary provision of the SOFTWARE (e.g. as Application Service Providing) for other than group companies or (iii) the use of the SOFTWARE for the training of persons who are not employees of the purchaser or its group companies are only permitted with vis.dev's prior written consent. Commercial subletting is generally prohibited.

6.3 The customer is entitled to copy the SOFTWARE only if and to the extent that this is necessary for the intended use.

6.4 The customer is not allowed to make changes, extensions and other modifications of the SOFTWARE in the meaning of § 69c No.2 UrhG (German Copyright Act) only insofar as the law permits this indispensably.

6.5 Markings of the SOFTWARE, in particular copyright notices, trademarks, serial numbers or similar notes may not be removed, changed or made unrecognisable.

7. Rent, terms of payment

7.1 The rent shall be based on the rental price list valid at the time. The latest version of the the latest version of the rental price list is published on the website of the offer page of the SOFTWARE under "Pricing". The rent includes the transfer and use of the SOFTWARE as well as its maintenance and repair. The rent is to be paid in advance.

7.2 All prices stated in the offers are in US dollars ($) and and are exclusive of the statutory value added tax.

8. Transfer of the software to third parties

8.1 The customer is not entitled to transfer the SOFTWARE to third parties without the permission of vis.dev, in particular to sell or rent it.

8.2 The dependent use by the customer's employees or other third parties subject to the customer's right of instruction within the scope of the intended use is permitted.

8.3 The customer is not entitled to assign the claim for transfer arising from the rental agreement without the consent of vis.dev.

9. Cooperation and information duties of the buyer

9.1 The customer has to inform himself about the essential functional characteristics of the SOFTWARE and bears the risk whether the SOFTWARE meets his wishes and needs; he has to inform himself about doubtful questions to be advised by vis.dev or a competent third party before the conclusion of the contract.

9.2 The setting up of a functional hardware and software environment for the contractual objects is the sole responsibility of the customer.

9.3 The customer shall observe the instructions given by vis.dev for the installation and operation of the SOFTWARE.

9.4 All data of the customer with which vis.dev may come into contact must be secured by the customer.

9.5 The customer shall bear any disadvantages and additional costs resulting from a breach of these obligations.

10. Notification and care obligations of the customer

10.1 The customer is obliged to report defects of the SOFTWARE to vis.dev without delay. In doing so, he shall take into account vis.dev's instructions for problem analysis within the scope of what is reasonable for him and forward to vis.dev all information available to him and necessary for the elimination of the defect.

10.2 The customer shall take suitable precautions to protect the SOFTWARE from unauthorised access by third parties.

11. Availability, response and recovery times, error classification, support channels

11.1 Vis.dev owes the customer the technical usability of the SOFTWARE for contractual use by the customer within the customer instance subject to the response times regulated in section 11.2 and recovery times in the event of non-availability as well as in the event of maintenance work which is regularly carried out on weekends (Saturday, Sunday) German time (maintenance windows); during the maintenance times there may be interruptions in the usability of the SOFTWARE.

11.2 The following reaction and recovery times apply in the event of unavailability and/or in the event of material defects with regard to the SOFTWARE, taking into account the following error classification:

Error classification "critical":

The use of the SOFTWARE is impossible or severely restricted.

Error classification "non-critical":

Problems, other than impossible or very severely restricted use, with the SOFTWARE.

The response time is the time span between receipt of the support request via ticket system (cf. 11.3) until vis.dev reacts to the support request.

Reaction time in case of error classification "critical":

24 hours

Reaction time in case of error classification "non-critical":

10 working days (German time)

The recovery time is the time span between receipt of the support request via ticket system (cf. section 11.3) at vis.dev until the provision of a solution, which may also be in the form of a problem bypass (see section 11.3) solution, which can also be in the form of a workaround.

Recovery time in case of error classification "critical":

5 working days (German time)

Recovery time in case of error classification "non-critical":

40 working days (German time)

If the use of the SOFTWARE is severely restricted, the remaining usability of the SOFTWARE may also be interrupted outside the maintenance times for the purpose of error correction by vis.dev.

The stated response times are those which vis.dev regularly aims to achieve. Non-compliance with the above-mentioned reaction times does not per se justify the right for the customer to the right to reduce the rent, to claim a refund, to terminate the contract or to demand another form of any other form of compensation.

11.3 To report a problem with the SOFTWARE (e.g., unavailability), the customer must contact vis.dev via the support channel. The support channel is available to the customer within the customer instance in relation to the SOFTWARE. Vis.dev exclusively provides the following support channel available: Ticket system of the Atlassian Marketplace to be reached via the link to "Support" within the App view.

12. Rights of the customer in case of defects

12.1 Vis.dev is obliged to remedy defects of the provided software. The customer is entitled to a statutory right of liability for defects.

12.2 The rectification of defects shall be carried out at the discretion of vis.dev by means of free-of-charge rectification or replacement delivery.

12.3 A termination of the contract by the customer according to § 543 para. 2 clause 1 no. 1 BGB because of not granting the use in accordance with the contract is only permissible if vis.dev has been given sufficient opportunity to remedy the defect and this has failed. The rectification of defects shall only be deemed to have failed if it is impossible, if vis.dev refuses to rectify the defect or unreasonably delays rectification, if there are reasonable doubts as to the prospects of success or if for other reasons it is unreasonable to expect vis.dev to rectify the defect or if for other reasons it is unreasonable for the customer.

12.4 The rights of the customer due to defects are excluded insofar as the customer without consent changes to the SOFTWARE without the consent of vis.dev, unless the customer proves that the changes do not have an unreasonable effect on the analysis and elimination of the defects. The rights of the customer due to defects remain unaffected, provided that the Customer is entitled to make changes, in particular within the scope of exercising the right of self-remedy pursuant to § 536 a para. 2 BGB (German Civil Code), and these changes have been carried out professionally and documented in a comprehensible manner.

13. Limitations of liability

13.1 vis.dev shall not be liable for damages, delays or impediments to performance that are beyond the vis.dev's sphere of responsibility.

13.2 Vis.dev is not liable for damages that are due to improper, non-intended or abusive misuse of the SOFTWARE.

13.3 For breaches of duty which do not constitute material defects or defects of title, vis.dev shall only be liable for damage caused intentionally or by gross negligence by vis.dev or its vicarious agents, unless the damage does not involve culpable damage caused by vis.dev or its vicarious agents from injury to life, limb or health, or a culpable breach of an essential contractual main obligation or cardinal obligation, or in the event of non-compliance with a guarantee or if a defect was fraudulently concealed by vis.dev.

Within the framework of the statutory provisions, vis.dev is liable without limitation in each case for damages

(a) arising from injury to life, body or health resulting from an intentional or negligent breach of duty or otherwise from intentional or negligent conduct on the part of vis.dev or one of its legal representatives or vicarious agents;

(b) due to the absence or omission of an or non-observance of a guarantee;

(c) which are based on an intentional or grossly negligent breach of duty or otherwise on intentional or grossly negligent conduct on the part of vis.dev or one of its legal representatives or vicarious agents.

A "cardinal obligation" within the meaning of this provision is an obligation of vis.dev, the fulfilment of which makes the proper performance of the contractual relationship between the parties possible in the first place, the breach of which endangers the achievement of the purpose of the contract and the observance of which the customer regularly relies on.

13.4 In the event of a breach of a material contractual main obligation or cardinal obligation which is due to negligence, vis.dev's liability is limited to the typically foreseeable damage and to such an extent of damage.

13.5 The strict liability of vis.dev for damages (§ 536a BGB) for defects existing at the time of the defects existing at the time of the conclusion of the contract is excluded; section 13.3 remains unaffected.

13.6 In the case of loss of data caused by simple negligence, vis.dev shall only be liable for the damage that would also have been appropriate to the importance of the data by the customer; and in case of a regular data backup by the customer;  this limitation does not apply if the data backup was hindered or impossible for reasons for which vis.dev is responsible.

13.7 The above provisions shall apply mutatis mutandis to vis.dev's liability with regard to the reimbursement of futile expenses.

13.8 Liability under the Product Liability Act remains unaffected.

14. Term of the Contract, Termination of the Tenancy Agreement

14.1 The rental relationship shall commence upon conclusion of the contract in accordance with clause 3.2 of these GTCs and has a term of one month. The contract may be terminated at any time. The termination has the consequence that the SOFTWARE is no longer usable for the customer. This does not change the obligation to pay the rent for the booked term; there is no pro rata reimbursement of the rent paid. If the contract is not terminated, the term of the contract shall be automatically extended, in any case by a further month.

14.2 The rental relationship shall end at the latest upon the death of the customer.

14.3 The right of each party to extraordinary termination for good cause remains unaffected.

14.4 The termination of the contract requires the activation of the button "Stop trial" within the customer instance in relation to the SOFTWARE. The termination of the contract can also be effected by pressing the button "Delete" within the product overview " within the customer instance in relation to the SOFTWARE.

15. Return

15.1 Upon termination of the contractual relationship, the SOFTWARE provided shall be blocked for the customer for active use by vis.dev.

15.2 Copies of the SOFTWARE provided by vis.dev, if any, made by the customer must be deleted completely and permanently.

15.3 Any active use of the SOFTWARE after termination of the contractual relationship is prohibited.

16. Jurisdiction

16.1 If the customer is a merchant or a legal entity under public law, the place of jurisdiction for disputes arising out of or in connection with this contract shall be at the registered office of vis.dev.

16.2 This contract is subject to German law. The UN Convention on Contracts for the International Sale of Goods is excluded.

17. Completeness, text form

17.1 Amendments, supplements as well as the cancellation of this contract must be made in text form in order to be effective. There shall be no verbal collateral agreements.

17.2 If any provision of these terms and conditions or any provision of any other agreement is or becomes invalid, this shall not affect the validity of the remaining provisions shall not be affected. The ineffective provision shall be replaced by a permissible provision which most closely approximates the purpose of the invalid provision.

17.3 These GTC are written in German and English. In the event of contradictions, the German version shall prevail over the English version.