General Terms and Conditions

Last update on: November 21, 2020

§1 Scope of application

  1. On the website scrumcup.com and related subdomains (hereinafter "ScrumCup") Klind UG (haftungsbeschränkt) offers a web-based Scrum Poker software.
  2. The following General Terms and Conditions (hereinafter referred to as "GTC") govern the relationship between the company Klind UG (haftungsbeschränkt) - hereinafter also referred to as "Operator" - and the customer on ScrumCup. A customer is any legal person who has registered on ScrumCup.

§2 Conclusion of a contract

  1. In order to use the web-based Scrum Poker software provided on ScrumCup you need to create a customer account (hereinafter "Account"). An account is required to create a team and associated games. Users can participate in created games without creating a customer account. For this purpose it is sufficient to enter a user name.
  2. In order to create an account, it is necessary to provide an e-mail address, a user name and a password. By creating an account the customer makes a binding offer to conclude a contract for the free use of ScrumCup. After the account is created, the customer will receive an email to verify the email address provided. With this e-mail the operator accepts the customer's offer and the contract is concluded.
  3. The free use of the software is limited by the range of functions and performance. If the scope of functions and services free of charge is not sufficient, the customer can change to a usage with costs with a more extensive scope of functions and services. For this purpose, the customer can create an offer with monthly or annual billing in his account, in which he selects the corresponding desired function and service package for a team and specifies the billing period as well as the invoice recipient and billing address. By sending the data a contract is concluded between the operator and the customer for the paid use of ScrumCup.

§3 Services

  1. For the duration of the contract the operator provides the customer with the software ScrumCup in the respective current version via the Internet for use. The scope of functions and services depends on the contractually agreed function and service package.
  2. The scope of functions and services of the packages results from the service description on the website under the headings "Functions" and "Prices".
  3. If the range of functions and services of the packages described on the website is not sufficient for the customer, the customer can contact the operator directly by e-mail (service@scrumcup.com) to negotiate and contractually agree an individual function and service package tailored to the customer's requirements.
  4. The operator always monitors the application for functionality. Faults that prevent a trouble-free application are eliminated as quickly as possible within the scope of technical possibilities.

$4 Availability

  1. ScrumCup has an availability of 24 hours a day. However, due to necessary maintenance work, the availability may be interrupted. There may also be interruptions that are not within the operator's sphere of responsibility, such as force majeure.
  2. The operator points out that it is technically impossible to provide the application free of errors of any kind. For this reason, the operator does not assume any responsibility for this.
  3. Errors can lead to temporary failure of ScrumCup.
  4. Furthermore, the availability of ScrumCup depends on conditions that are beyond the operator's control, such as the transmission performance of the users. The operator is not responsible for faults that fall within this range.

§5 Compensation and terms of payment

  1. The prices quoted on the website at the time of the offer are decisive for the remuneration of the contract. The prices stored there are monthly net prices in Euro. If the operator has to charge VAT for the customer, this will also be claimed and shown on the invoice.
  2. The amount of compensation depends on the selected function and service package. The prices and scope of functions and services of the individual packages can also be found on the website.
  3. Likewise, the customer can choose between monthly or annual invoicing when creating a contract for paid use of the software. The remuneration for the annual settlement is 10 times the monthly remuneration.
  4. If the customer has contractually agreed an individual function and service package with the operator, the remuneration is based on the remuneration agreed in the contract.
  5. Regardless of the selected package and billing period, all payments are due in advance upon invoicing. After conclusion of a contract, the customer receives an invoice, which is to be paid within 14 days.
  6. The customer is in arrears if the operator's account has not received payment from the customer for the invoice by the payment deadline set on the invoice. The operator reserves the right - in case of default of a customer - to immediately block the customer's access. In such a case, the payment obligation of the customer remains. In addition, the customer undertakes to pay any default interest and reminder fees. Damages caused by the blocking of an account due to default of the customer cannot be claimed against the operator.

§6 Rights of use

  1. The customer receives a simple, non-exclusive and non-transferable right to use the application limited to the duration of the contract.

§7 Obligations of the customer to cooperate

  1. The customer undertakes to use ScrumCup only within the framework of the contractually agreed and applicable legal regulations. In particular, the customer agrees not to violate the rights of third parties.
  2. The customer also agrees not to misuse ScrumCup, including but not limited to introducing files into the system that compromise the system or negatively affect the availability in an unusual way.
  3. The customer undertakes to create the technical prerequisites for calling up the software via the Internet and its use.
  4. The customer agrees to take appropriate precautions to prevent unauthorized access to ScrumCup by third parties. This concerns the secrecy and safekeeping of the access data.
  5. The customer is obliged to inform the operator immediately if there is a suspicion of misuse of the application or a suspicion of a violation of data protection. In addition, the customer undertakes to inform the operator of any errors that occur.

§8 Liability

  1. The operator is liable according to the legal regulations only for damages of the customer from the injury of life, body, health or fraudulent intent, as well as for other damages, which are based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the operator.
  2. In addition, in the case of contracts, the operator is liable for the paid use of the software in case of violation of the essential contractual obligations, provided the damage was caused by simple negligence. Essential contractual obligations include those obligations whose fulfillment is absolutely necessary to achieve the objectives of the contract.

§9 Term, termination, surrender and deletion of data

  1. With the conclusion of a contract for free use of ScrumCup, a SaaS contract is concluded for an indefinite period of time. This contract can be terminated by either party at any time at the end of a current month. The customer can initiate a contract for free use in the account with the deletion of his account.
  2. A contract for paid use of ScrumCup with monthly billing has a minimum term of one month. A contract with annual billing has a minimum term of one year. Fee-based contracts begin on the date of conclusion and can be terminated at the end of the minimum term. For this purpose, the customer can change the selected package to a free version with the corresponding team.
  3. If there is no cancellation of a fee-based contract, the contract will be extended at the end of the term by one extension period. The extension period is one month for monthly billing and one year for annual billing.
  4. The operator has the right to terminate fee-based contracts with a notice period of 1 month.
  5. After an account is cancelled, all data assigned to the account is deleted. Excluded from this is data that is needed to display reports on teams and games that were not created by the user.
  6. If the customer wishes the publication and deletion of his own data, he must contact the operator directly by e-mail (service@scrumcup.com). A deletion of the account may take place only after receipt of the own data, since the operator has otherwise also no more possibility to transfer the data.

§10 Data protection and data security

  1. In order to provide the service, it is necessary for the operator to collect and process personal data with the consent of the customer or within the scope of the applicable legal provisions. For this reason, the approval of the privacy policy is mandatory for the creation of a customer account.
  2. The contracting parties undertake not to pass on or exploit to third parties any confidential information that becomes known to them during the execution of this contract. Furthermore, the contracting parties undertake to treat such information as confidential and to use it only for contractually agreed purposes.
  3. ScrumCup uses HTTPS protocol encryption to protect all data in transit.

§11 Final provisions

  1. The languages in which these GTC are available on ScrumCup are available to the user at the conclusion of the contract. The law of the Federal Republic of Germany applies exclusively, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction and place of performance is the business location of the operator.
  2. The operator reserves the right to make changes to ScrumCup, rules, conditions including these terms and conditions at any time. The user agrees to the amended terms and conditions by continuing to use ScrumCup after updating it.
  3. If individual provisions of the General Terms and Conditions are invalid in whole or in part, this shall not affect the validity of the other provisions. In such a case, the respective provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the wholly or partially invalid provision.