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 run4dev, Steinweg 4, 93047 Regensburg, Germany (hereinafter "Provider") and the customer (hereinafter "Customer").

The software is offered exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). No contracts are concluded with consumers within the meaning of § 13 BGB.

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 is billed in billing periods. Depending on the tariff selected, a billing period is one month or twelve months.

The contract renews automatically for a further billing period unless terminated in due time. Under monthly billing, the Customer may terminate at any time with effect from the end of the current billing period. Under annual billing, the notice period is 30 days to the end of the current billing period.

Termination requires text form (e.g. email) and can be declared at any time directly in the account settings of the software. The Provider confirms receipt of the termination and the date the contract ends in text form.

Before each automatic renewal, the Provider informs the Customer in good time and in text form of the renewal date, the new term, the price and the notice period. Under annual billing this notice is given early enough for the full notice period to remain available to the Customer.

The right of either party to terminate for good cause remains unaffected.

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 in advance at the start of each billing period. Invoices are due for payment in full within 14 days of invoicing.

Fees already paid for a current billing period are not refunded on a pro-rata basis in the event of termination. The Customer may continue to use the software without restriction until the end of the billing period paid for.

The Provider may adjust prices in text form with two months notice, effective from the start of a new billing period. If the Customer does not agree to the adjustment, the Customer may terminate the contract with effect from the date the price change takes effect. The Provider will draw separate attention to this special right of termination, and to the consequences of not responding, in the announcement.

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.

After the contract ends, the Provider makes the Customer's data available for export in a common, machine-readable format for a period of 30 days.

After this period expires, the Provider deletes the Customer's data unless statutory retention obligations require otherwise. Invoices and accounting records are retained in accordance with commercial and tax law retention periods.

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 may change these GTC with effect for the future insofar as this is necessary to adapt to changed legislation, to supreme court rulings or to the technical development of the software, and provided the Customer is not unreasonably disadvantaged thereby. The essential elements of the contract (in particular scope of services, remuneration and term) remain unaffected; § 6 applies exclusively to price adjustments.

The Provider will inform the Customer of the change in text form at least 30 days before it takes effect, drawing separate attention to the right of objection and to the consequences of not objecting. If the Customer does not object before the change takes effect, the amended terms are deemed accepted. In the event of an objection, either party is entitled to terminate the contract with effect from the date the change takes effect.

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 trial period ends automatically when the trial term expires and does not convert automatically into a paid contract. If the Customer does not enter into a paid contract by the end of the trial period, access to the software is suspended; § 8 applies accordingly to the subsequent deletion of data.

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.

Before suspending access for late payment, the Provider will issue a reminder in text form and set a reasonable grace period. Once the outstanding amount has been settled in full, access is restored without delay. The Provider's claim to remuneration for the period of suspension remains unaffected.

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. The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Provider, provided the Customer is a merchant, a legal entity under public law or a special fund under public law.

These GTC are also provided in German and Italian. In the event of discrepancies between the language versions, the German version alone shall prevail.