1. Scope & Target Group

These Terms of Service apply to all contracts between SteinmetzPartners – Executive Consultants GmbH (Provider) and its customers regarding the use of ManagerCloud. ManagerCloud is exclusively intended for entrepreneurs as defined in § 14 BGB (B2B). Deviating terms and conditions of the customer shall not be recognized.

2. Subject Matter & Services

The subject of this contract is the provision of the software "ManagerCloud" as Software-as-a-Service (SaaS). The software enables the management of contacts, revenues, and costs, as well as the creation of e-invoices and analytics.

3. Registration, Access & Trial Period

The customer receives a free trial period of three months. During this period, there is no entitlement to availability or support. If no paid contract is concluded after the trial period, the Provider is entitled to irrevocably delete the data 14 days after the end of the trial period.

4. Availability & Maintenance

The Provider aims for an availability of 98% on an annual average. This excludes scheduled maintenance windows (usually on weekends) and disruptions outside the Provider's control (e.g., outages at AWS, IONOS, or internet backbones).

5. Prices & Payment Default

Prices are based on the current price list plus VAT. Invoices are due within 14 days. In the event of payment default exceeding two weeks, the Provider is entitled to suspend access to the Cloud; the customer's payment obligation remains unaffected during the suspension.

6. Liability & Data Backup

The Provider has unlimited liability for intent and gross negligence. In cases of slight negligence, liability is limited to typical, foreseeable contractual damages. Strict liability for defects existing at the time of contract conclusion (§ 536a BGB) is excluded. The customer is responsible for regular external data backups (exports) of their data.

7. Term & Termination

The contract is concluded for an indefinite period. The notice period is 30 days to the end of the month. Termination can be carried out via the user account or in text form (email).

8. Data Protection & Legal

The processing of personal data is carried out in accordance with the GDPR and is supplemented by a separate Data Processing Agreement (DPA).

German law applies. The place of jurisdiction is Frankfurt am Main, provided the customer is a merchant (Kaufmann).