Terms and Conditions

§ 1 Scope

These Terms and Conditions (T&Cs) apply to all contracts between Marcus Marvin Mayer / intellimSystems (hereinafter the "Provider") and its customers (hereinafter the "Customer") concerning the use of the Slotara SaaS platform.

Slotara is cloud-based software for managing bookings, staff, services and appointment scheduling for businesses (B2B SaaS). The services are directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code). Use by consumers within the meaning of § 13 BGB is excluded.

Conflicting or deviating terms and conditions of the Customer are not recognised unless the Provider expressly agrees to their application in writing.

§ 2 Conclusion of contract

During the beta phase (closed access): Slotara is currently accessible by invitation only. Interested parties can request beta access using the registration form. The contract is concluded only once the Provider has expressly activated the account and these T&Cs have been accepted at the first login.

After the public launch: The contract is concluded through the Customer's registration on slotara.de. By submitting the registration form and accepting these T&Cs, the Customer makes a binding offer to conclude a usage contract. The contract is deemed accepted upon activation of the account.

Acceptance of these T&Cs and of the data processing agreement (DPA) pursuant to Art. 28 GDPR is a prerequisite for the conclusion of the contract. The DPA can be viewed in the account area after logging in.

The contract is concluded in German. The contract text is not stored and is no longer accessible after the contract has been concluded.

§ 3 Scope of services & plans

The Provider makes Slotara available to the Customer as software as a service (SaaS) over the internet. The range of functions depends on the plan selected. The plan descriptions and prices applicable at any given time can be viewed at slotara.de/preise and are authoritative; no plan prices are fixed in these T&Cs.

The Provider reserves the right to further develop the range of functions of the individual plans. The Customer will be informed of material changes by email in good time.

Availability: The Provider aims for an availability of 99 % per month. Maintenance work is carried out outside peak usage times wherever possible.

§ 4 Free trial

Paid plans can be tried free of charge for 14 days without a credit card. Once the trial has ended, a paid plan is required in order to continue using the platform.

No automatic charge is made after the trial. Taking out a paid plan requires the Customer to enter payment details expressly.

If the Customer does not take out a paid plan after the trial has ended, active access to the platform ends. The data stored in the account remains available for retrieval and export for a period of 30 days. Following prior notice by email and the expiry of this period, the data is deleted from the production systems. There is no free permanent plan (free tier).

§ 5 Prices & payment

All prices are stated in euros and are exclusive of statutory VAT. The current price list can be viewed at slotara.de/pricing.

Billing takes place monthly in advance. Payment is processed by credit card or SEPA direct debit through the payment service provider Mollie B.V. (Keizersgracht 126, 1015 CW Amsterdam, Netherlands). Mollie B.V. is regulated as a financial services provider in the Netherlands and is subject to European financial and data protection law.

In the event of late payment, the Provider reserves the right to temporarily block access to the platform after a prior reminder. Statutory default interest remains reserved.

Invoices are delivered digitally by email. Retention pursuant to § 14b UStG (German VAT Act) is the responsibility of the Customer.

§ 6 Term & termination

The usage contract is concluded for an indefinite period and may be terminated at any time, without giving reasons, with effect from the end of the current billing period (end of the month).

Termination takes place via the account area of the platform or by email to info@intellimsystems.de.

When the termination takes effect, active access to the platform ends at the end of the billing period. The data stored in the account remains available for retrieval and export for a period of 30 days; after this period has expired it is deleted from the production systems. There is no transfer to a free permanent plan (free tier). Amounts already paid are not refunded unless the Provider has breached material contractual obligations.

The right to extraordinary termination for good cause remains unaffected.

§ 7 Data protection & processing on behalf of the customer

The Provider processes personal data on behalf of the Customer pursuant to Art. 28 GDPR. Concluding the data processing agreement (DPA) is a mandatory part of this contract.

As the controller within the meaning of the GDPR, the Customer is itself responsible for ensuring that the processing of its end customers' personal data rests on an appropriate legal basis and that those persons have been informed about the processing.

Details of the processing carried out for the Provider's own purposes can be found in the privacy policy.

§ 8 Obligations of the customer

The Customer is obliged to keep its access credentials secret and to protect them against unauthorised access. If misuse is suspected, the Provider must be informed without delay.

The Customer bears sole responsibility for the data and content it enters. The Customer warrants that it is entitled to use and process this data.

Use of the platform for unlawful purposes is prohibited. The Customer is liable for all damage arising from improper use.

The Customer is obliged to make its own regular backups of the data stored in Slotara.

§ 9 Limitation of liability

The Provider is liable without limitation for damage arising from injury to life, body or health, and for intentional or grossly negligent breaches of duty.

For slight negligence, the Provider is liable only in the event of a breach of material contractual obligations (cardinal obligations), and then limited to the typically foreseeable damage.

Liability for data loss is limited to the damage that would have occurred had the Customer made proper and regular backups.

Any further liability of the Provider is excluded. This does not apply to claims under the German Product Liability Act.

§ 10 Availability & maintenance

The Provider aims for a monthly availability of 99 %. Outages caused by force majeure, attacks on the infrastructure and planned maintenance windows are excluded.

Planned maintenance work is carried out outside peak usage times (weekdays 0–6 CET) wherever possible. Short-notice emergency maintenance may become necessary at any time.

There is no entitlement to permanent availability. Outages do not give rise to any claim to a refund of pro-rata subscription fees unless availability falls below 95 % in a calendar month.

§ 11 Changes to the T&Cs

The Provider reserves the right to change these T&Cs where there is an objective reason to do so (e.g. changes in the legal situation, new functions, changed business processes).

Changes are communicated to the Customer by email to the email address on file at least 4 weeks before they take effect. If the Customer does not object within 4 weeks, the amended T&Cs are deemed accepted.

The Provider will expressly point out the right to object and the consequences of remaining silent in the notice of change.

§ 12 Applicable law & place of jurisdiction

German law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent legally permissible, Bischofsheim (Hesse), Germany.

Should individual provisions of these T&Cs be or become invalid, the validity of the remaining provisions remains unaffected. The parties undertake to replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid one.