Terms of Use for DocID® Business or Company Users
These terms and conditions of contract and use are concluded between 8awake GmbH, Schellingstrasse 22, 80799 Munich (hereinafter "8awake") and a business user or company (hereinafter "Customer").
These terms and conditions of contract and use govern, among other things the contractual relationship regarding the provision and use of the software products of 8awake (hereinafter "Software") as well as the terms of use, the liability and warranty on the part of 8awake, the remuneration for the use of the Software, the given obligations of the Customer and the persons who specifically use the Software (hereinafter "End User") as well as the extension and termination of the contractual relationship between the parties, furthermore the use of data through the use of the Software provided by 8awake and all other facts listed in the following paragraphs for the contractual relationship between the Customer, End User and 8awake.
These contractual terms and conditions apply to entrepreneurs within the meaning of the German Civil Code (BGB).
§ 1 Subject matter of the contract and liability
8awake develops and distributes software products for companies to optimise marketing processes. The "DocID®" software provided by 8awake provides a login and verification system for healthcare professionals. 8awake only grants customers time-limited usage rights for individual services. A sale or an unlimited licence of use is neither implemented nor granted by 8awake. The right of use subject to payment is granted by setting up access to the 8awake software and the subscriptions booked by the customer. Various services are released for use by means of the corresponding booking of subscriptions or partial licences. There is no transfer of ownership of the software or individual services to the customer.
The software offered by 8awake is operated exclusively on 8awake's infrastructure and servers and is provided on an internet-based basis as a "software as a service" solution. The only exceptions are some software extensions for the simple integration of DocID® in third-party systems. The scope of use of individual subscriptions, if listed, depends on the supplementary licence conditions and services of the respective subscription. 8awake merely provides access to the software and the services booked by the customer via the subscription. The customer has no claim against 8awake for success through the use of the software provided. The use of the software for illegal or criminally relevant purposes is strictly prohibited and will be reported to the police.
These terms and conditions of contract and use apply exclusively to the contractual relationship between 8awake and the customer. The customer's general terms and conditions are not applicable to the contractual relationship between 8awake and the customer and the associated legal relationships and are not binding for 8awake.
All contractual relationships between 8awake and the customer or future legal transactions, with the exception of the supplementary licence conditions of individual subscriptions or services, are subject to these contractual and usage conditions.
§ 2 Conclusion of contract, contract term, cancellation and remuneration
If the customer uses the 8awake website to book access to the software, this constitutes an offer on the part of the customer to conclude a contract. During the term of the contract, the customer has access to a free basic version of the software, which can be extended by booking paid subscriptions. A contract between the customer and 8awake is only concluded when 8awake sends an order confirmation to the customer in electronic or text form or by activating the corresponding access for the customer to the 8awake software. The mere creation of a user account by the customer with 8awake does not constitute an offer to conclude a contract. Offers by 8awake to conclude a contract are non-binding.
The contract term of a subscription is determined by the offer or the subscription period selected by the customer. Unless otherwise agreed between the parties, the contract term shall be extended after the end of the current subscription period by the subscription period initially selected by the customer. Both the customer and 8awake are entitled to a corresponding ordinary right of cancellation at the end of the respective contract term, subject to the following notice periods. In the case of a monthly contract term, the cancellation must be declared by the customer in electronic form or in writing before the end of the contract term, at the latest three days before the end of the contract term. In the case of an annual contract term, the cancellation must be declared by the customer in electronic form or in writing before the end of the contract term, at the latest fourteen days before the end of the contract term. Timeliness is determined by the date of receipt by 8awake. After cancellation by one of the contracting parties, 8awake is entitled to irrevocably delete all data stored in the software by the customer and the associated user account.
In the event of late payment of the subscription fees due by the customer, 8awake is entitled to terminate the contractual relationship without notice and to block access to the software. The customer is in default from the time of notification of a failed payment. The customer's access can be restricted or completely blocked by 8awake for the duration of the payment default without this constituting a defect. In the event of failed payments (e.g. dishonoured direct debits, chargebacks or insufficient funds on credit cards or other unenforceable payments), 8awake will set the customer a deadline of at least seven days to pay the subscription fees owed. If payment has not been received by the end of the payment period, 8awake may also terminate the contractual relationship without notice.
§ 3 Usage-based billing
For services included in the subscription for which billing is regulated on a usage basis, billing is based on the logging of the customer's effective use or the associated use of the software by the customer.
§ 4 Free trial period
8awake can offer the customer a time-limited and free trial access before the purchase of a fee-based subscription. During this trial period, the customer receives restricted or limited access to the software provided by 8awake. At the end of the free trial period, the customer's access to the software expires automatically. If the customer has not purchased a paid subscription to the software after the trial period has expired, 8awake is entitled to irrevocably delete all data and the associated user account of the customer after a period of one month.
Each customer may only use a trial period of the Software granted by 8awake once. If 8awake discovers that a customer has used a free trial period more than once, 8awake may block the customer's access to the software at any time and without prior notice.
§ 5 Maintenance, updates of the software and availability
8awake reserves the right to carry out regular maintenance or important updates to the software provided. This may lead to a temporary failure or a lack of or limited accessibility of the 8awake software. The customer has no claim to uninterrupted or error-free availability of the software or to the implementation of updates and product changes by 8awake.
8awake undertakes appropriate efforts and endeavours to ensure 99 percent availability of the software within a month in hours and minutes. The availability of the software is defined by the successful processing of a user request sent to the software by the customer that is processed within a period of ten minutes, otherwise there is a disruption to the availability of the software.
§ 6 Warranty, liability and limitation period
The warranty of 8awake is limited to the intended functions of the software provided to the customer. In particular, 8awake is not liable for the achievement of a certain result or the setting of a certain success through the use of the software by the customer.
§ 7 Other regulations
The place of fulfilment is the registered office of 8awake. For all disputes arising from this contract, if legally permissible, the place of jurisdiction between the parties is the registered office of 8awake. All claims between the customer and 8awake are subject to the law of the Federal Republic of Germany to the exclusion of international private law. In addition, for consumers, the European Union's consumer dispute resolution platform for out-of-court dispute resolution with businesses (https://ec.europa.eu/consumers/odr/) applies.
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.
Last updated on 01 May 2024.
