Terms and Conditions (GTC)
License Agreement of the OYASO GmbH, Zietenstrasse 24, 10783 Berlin
OYASO provides the customer with a SaaS application for use. The software supports the customer in obtaining menu-based air and sea freight transport offers from his contacts (logistics service providers). For the use of the software, various contract options are available to the customer. OYASO is not involved in the contractual relationship between the customer and logistics service providers. OYASO is not the intermediary of contracts, but only provides the necessary infrastructure to exchange information, data and declarations of intent.
The software is aimed exclusively at entrepreneurs within the meaning of § 14 BGB.
II. Conclusion of contract and user account
- By completing the registration process and creating a profile, a license agreement between OYASO and the customer is concluded. Subject of the contract of use is the paid use of the software.
- Creating a profile requires the creation of a user account. This consists of an e-mail address and a password ("log-in data").
- The creation of a profile is only possible by providing a valid e-mail address of the customer. This e-mail address also serves to communicate with OYASO.
- The customer assures that the data used ("profile data") are accurate and complete. The use of pseudonyms is prohibited.
- The customer must keep the password secure, change it regularly and deny access to the password to unauthorized persons.
- The customer will use the software only for the contractually agreed purposes.
- Any content created by the customer must not violate applicable law or morality, neither by its content nor by its form. The same applies to the setting of external links. In particular, the distribution of content that is not allowed is prohibited
- Violence glorification and extremism of any kind
- Appeals and incitement to crime and violation of law, threats to life, limb or property
- Hate against persons or enterprises
- infringing statements, slander, defamation and slander by users and third parties and violations of the law of unfair competition
- copyright infringing content or other infringement of intellectual property rights
- sexual harassment of users and third parties
- offensive, sexist, obscene, vulgar, abominable or disgusting materials and expressions
represent, concern or contain.
- OYASO reserves the right, in individual cases, to refuse registration or block access to the profile for good cause.
- OYASO assumes no responsibility for the completeness or correctness of the offers of the logistics service provider.
- OYASO strives for trouble-free operation of the software. This, of course, is limited to services on which OYASO has an influence. Access to the profile may be restricted due to maintenance, capacity issues, and other events beyond the control of OYASO.
- OYASO is entitled, but not obliged, to develop the software. OYASO is also entitled to add, modify or remove features of the software as part of its development.
III. Compensation; accounting
- The remuneration for the use of the software depends on the price overview sent to the customer before concluding the contract. All prices are exclusive of applicable VAT.
- The fees are due before the beginning of the respective billing period. After receipt of the payment, the access for the corresponding period booked will be unlocked.
- Payments by the customer are made either by direct debit, credit card or bank transfer. The customer authorizes OYASO to collect the fees incurred within the framework of the contractual relationship. The selection of the available payment methods is the responsibility of OYASO. OYASO reserves the right to offer the customer only selected payment methods for the payment, for example to secure the credit risk only in advance.
- The customer shall be in default no later than 14 days after the due date of the service, without the need for a reminder.
- If the customer defaults on a payment, he is obliged to pay the statutory default interest in the amount of 9 percentage points above the base interest rate. In addition, there is an OYASO claim for payment of a lump sum of 40 Euro against the customer. The assertion of further damages remains reserved.
- In the event of late payment by the customer of two invoices, OYASO is further entitled to refuse further service provision and to block the customer's access to his profile.
- Invoices are provided by OYASO exclusively in electronic form.
IV. Rights of use
- OYASO grants the customer a simple and non-transferable right of use limited in time to the duration of the contract. The customer is not permitted to grant third parties rights of use or access to the software.
- OYASO is entitled to reference the customer as a reference on its homepage, social media channels, print materials and presentations. Upon request, the customer will provide OYASO with a suitable logo free of charge. The authorization to use the logo for reference purposes is retained even after termination of this contract.
V. Term, termination
- The term and period of notice depend on the module booked in each case and is determined as follows:
- The module "test month" has a duration of four weeks. The contract expires automatically after four weeks.
- The monthly subscription module has a term of one month. The contract may be properly terminated by either party with four weeks notice to the end of the month and will otherwise be extended by one month at a time.
- The module "Annual subscription" has a minimum term of 12 months. The contract may be properly terminated by either party with a notice period of three months to the end of the term and will otherwise be extended by one year.
- The right of the parties to extraordinary termination remains unaffected.
- Terminations require the text form. Customer terminations must be sent to: firstname.lastname@example.org
- Unlimited liability: OYASO is fully liable for intent and gross negligence. For minor negligence OYASO is liable for damages resulting from injury to life, limb and health of persons.
- In addition, the following limited liability applies: In the event of slight negligence, OYASO shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely (cardinal duty). Liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies to the vicarious agents of OYASO.
VII. Contract processing contract (GCU)
In the context of the contracted service of OYASO, the customer enters email addresses of his contacts in the software in order to send these request for quotations. Recipients of these requests can object to the processing of their email address by clicking on a link in the email. The e-mail addresses are used exclusively for processing these contractual services and then deleted.
VIII. Final provisions
- Changes and additions to this agreement must be made in writing in order to be effective.
- Only the general terms and conditions of OYASO apply. Deviating terms and conditions are not accepted by OYASO and are considered contradicted already.
- Should one or more provisions of this contract be or become ineffective, this shall not affect the validity of the remaining provisions.
- OYASO is entitled to transfer this contract, including all additional agreements with all rights and obligations, to a company of its choice. When transferring this contract to another company, the customer has a special right of termination, which must be exercised within 14 days after notification by OYASO. OYASO will inform the customer in the notification of the special right of termination
- OYASO reserves the right to adjust prices. Customers will be informed of the change by e-mail within a reasonable time before entry into force. If customers do not agree with the change, this contract can be terminated at the time of the change.
- OYASO may change these terms and conditions at any time. The changes will be communicated to the customer by e-mail or other suitable means (eg online). The customer is entitled to a special right of termination in the case of changes to the terms and conditions, which must be exercised within 14 days after notification by OYASO. OYASO will inform the customer in the notification of the special right of termination.
- The law of the Federal Republic of Germany.
- Jurisdiction for all disputes arising from and in connection with this contract is Berlin.
- Contract language is exclusively German.