Terms and Conditions

These General Terms and Conditions (GTC) apply to all contracts for the use of the Software-as-a-Service (SaaS) solution "Crew Active" between Crew Active GmbH (hereinafter "Provider") and the customer (hereinafter "Customer").

Conflicting or deviating conditions of the Customer will not be recognized unless the Provider expressly agrees to their validity in writing.

The Provider makes the cloud-based workforce management software "Crew Active" available to the Customer for use via the Internet. The software includes the following main functions:

• Assignment planning and scheduling
• Digital time tracking
• Employee communication
• Reporting and analytics
• Mobile apps for iOS and Android

The exact scope of functions depends on the tariff selected by the Customer.

The contract is concluded by the Customer accepting the Provider's offer. Acceptance is made by completing registration and confirming the GTC.

The contract is concluded for an indefinite period and can be terminated by either party with 30 days notice to the end of the month. Termination requires text form.

The Provider makes the software available during the contract period with an availability of at least 99.5% on an annual average. Planned maintenance work, which will be announced in good time, is excluded.

The Provider performs regular backups of customer data and takes appropriate technical and organizational measures to protect data in accordance with GDPR requirements.

The Customer is obligated to:

• Keep access data confidential and protect it from unauthorized access
• Use the software only within the scope of contractual agreements
• Not distribute illegal content via the software
• Not misuse the software or endanger its security
• Report detected defects to the Provider immediately

Remuneration is based on the selected tariff according to the current price list. All prices are exclusive of statutory value added tax.

Billing takes place monthly or annually in advance, depending on the selected billing model. Invoices are due for payment within 14 days of invoicing.

The Provider processes personal data on behalf of the Customer in accordance with the provisions of the GDPR. Details are regulated in a separate data processing agreement.

Data is processed exclusively in data centers within the European Union.

The Provider is liable without limitation for damages arising from injury to life, body or health as well as for intent and gross negligence.

In cases of slight negligence, the Provider is only liable for breach of essential contractual obligations. In this case, liability is limited to the foreseeable, contract-typical damage.

Both parties undertake to treat all confidential information obtained from the other party in the course of contract initiation and execution as confidential for an unlimited period of time and to use it only for the execution of the contract.

The Provider is entitled to change these GTC with effect for the future if the change is reasonable for the Customer taking into account the interests of the Provider.

The Provider will inform the Customer of changes at least 30 days before they come into effect in text form.

The software, including all associated materials, is protected by copyright and remains the sole property of the Provider.

The Customer receives a non-exclusive, non-transferable right to use the software limited to the duration of the contract in accordance with these GTC.

The Provider may provide the Customer with a free trial version of the software for a limited period. The trial version is intended solely for evaluation purposes.

The Provider is entitled to temporarily suspend the Customer's access to the software if the Customer is more than 14 days in arrears with payments or there is reasonable suspicion of misuse.

The Customer indemnifies the Provider against all claims, damages, costs and expenses arising from use of the software in violation of these GTC.

Neither party is liable for delays or failure to fulfill its obligations due to circumstances beyond its reasonable control (Force Majeure).

The Customer confirms that the software is subject to German and European export control laws and undertakes to comply with them.

The parties undertake to first seek an amicable settlement in case of disputes arising from or in connection with this contract.

Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

These GTC together with the privacy policy constitute the entire agreement between the parties.

The law of the Federal Republic of Germany applies, excluding UN sales law. Place of jurisdiction is the registered office of the Provider.