Last updated on: 1st February 2023
53604 Bad Honnef
– hereinafter referred to as “Provider” –
you as a user
– hereinafter referred to as “User” –
(1) The Provider shall provide SaaS services to the User via the Internet in the area of business software.
(2) Subject matter of the contract is the
(a) Provision of the jambo5 software by the Provider for use via the Internet and
(b) granting of storage space on the servers of the Provider.
(3) Digital marketing documents can be created and distributed with jambo5. The Provider provides the User with numerous tools for creating and publishing his own content and other applications. The User can use content created with the editor, as well as own content (collective term: “Content”).
(4) Furthermore, the Provider provides various subscription plans in jambo5, which the User can purchase. The plans offer different service contents in terms of the number of users, storage space and functionalities. This contract applies to all subscription plans, unless otherwise specified therein.
(5) The Provider is permitted to involve subcontractors when granting storage space. The use of subcontractors does not release the Provider from its sole obligation to the User to fulfill the contract in full.
(1) The Provider shall make jambo5 available to the User via the Internet in the respective current version for the duration of this Agreement. For this purpose, the Provider shall set up jambo5 on a server that is accessible to the User via the Internet by means of a terminal device. The use of the jambo5 application is required for its use. The Provider shall make it available for download in various online platforms. A right to provide the application for certain operating systems or end devices does not exist.
(2) The respective current scope of functions and the fee result from their current service description in the correspondingly booked subscription plan. The provision of a functioning Internet connection and usable end devices is the responsibility of the user.
(3) The Provider shall immediately eliminate all software errors in accordance with the technical possibilities. An error exists if jambo5 does not fulfill the functions specified in the service description, delivers incorrect results or does not function properly in any other way, so that the use of jambo5 is impossible or limited.
(4) The provider continuously develops jambo5 and will improve it through ongoing updates and upgrades.
(1) The Provider grants the User the non-exclusive and non-transferable right to use the software jambo5 designated in this Agreement for the duration of the Agreement within the scope of the SaaS services as intended.
(2) The user may edit jambo5 only to the extent permitted by the intended use of jambo5 in accordance with the provisions of this Agreement or the provisions of booked modules or subscription plans.
(3) The user may only copy jambo5 as far as this is covered by the intended use of the software according to the respective current service description. The necessary duplication includes the loading of jambo5 into the working memory on the server of the provider, but not the even temporary installation or storage of jambo5 on data carriers (such as hard disks or mobile storage devices) of the hardware used by the user.
(4) The user is not entitled to make jambo5 available to third parties for use against payment or free of charge. A subletting of jambo5 is therefore expressly not permitted to the user.
(5) Modules purchased by the user can only be used within jambo5 and with a suitable subscription plan. The user has no right to transfer these modules for use in a third-party software outside of jambo5. The right to use the modules ends with the deletion of the user’s app.
(1) The Provider shall provide the user with a defined storage space on a server for storing its data. The user can store content on this server up to the scope agreed in the booked subscription plan. If the storage space is no longer sufficient to store the data, the Provider shall notify the User of this. The user may reorder corresponding contingents subject to availability at the Provider.
(2) The Provider shall ensure that the stored data can be accessed via the Internet.
(3) The user is not entitled to transfer this storage space to a third party for use, in part or in full, against payment or free of charge.
(4) The user undertakes not to store any content on the storage space whose provision, publication or use violates applicable law or agreements with third parties.
(5) The provider is obligated to take appropriate precautions against data loss and to prevent unauthorized access to the User’s data by third parties. To this end, the Provider shall provide redundant data storage, check the User’s data for viruses and install firewalls in accordance with the state of the art.
(6) The user shall in any case remain the sole owner of the data and may therefore demand the surrender of individual or all data at any time.
(7) Upon termination of the contractual relationship, the Provider shall immediately return to the User all data stored on the storage space allocated to him.
(8) The data shall be surrendered exclusively by means of transmission via a data network. For this purpose, the User must independently download the data in jambo5. The user has no right to also receive the software suitable for the use of the data.
(9) The provider has neither a right of retention nor the legal landlord’s lien (§ 562 BGB) with regard to the user’s data.
(1) The provider makes available a collection of so-called “Frequently Asked Questions” (“FAQ”) on the website https://support.jambo5.com regarding technical questions with regard to the jambo5. The user is obliged to search there for solutions to technical problems before sending an individual request to the provider.
(2) If the User does not find a solution to a technical problem in the FAQ, the Provider shall answer the User’s inquiries regarding the use of the contractual jambo5 and the other SaaS services by telephone or in text form within 3 business days after receipt of the respective question. This applies exclusively to technical questions about jambo5. Support in solving content-related difficulties in the use of the software, e.g. the way of creating a presentation, is not owed.
(1) Adjustments, changes and additions to the SaaS services that are the subject matter of the contract as well as measures that serve to identify and remedy malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
(2) Monitoring of the basic functions of the SaaS services shall take place on a daily basis. The maintenance of the SaaS services is basically guaranteed from Monday to Friday 09:00 – 18:00. In case of serious errors – the use of the SaaS services is no longer possible or seriously restricted – the maintenance shall be carried out within 3 hours from the time of knowledge or information by the User. The Provider shall notify the User of the maintenance work immediately and perform it according to the technical conditions in the shortest possible time.
If it is not possible to correct the error within 12 hours, the Provider shall notify the User of this within 24 hours by e-mail, stating the reasons and the period of time that is expected to be required to correct the error.
(3) Further availability of jambo5 is not guaranteed.
(1) The user undertakes not to store on the storage space provided any illegal content that violates the law, official requirements or the rights of third parties.
(2) The user is obliged to prevent unauthorized access by third parties to the protected areas jambo5 by taking appropriate precautions. For this purpose, the user will, if necessary, instruct his employees to comply with copyright law.
(3) Without prejudice to the obligation of the provider to back up data, the user himself is responsible for entering and maintaining his data and information required to use the SaaS services.
(4) The User is obliged to check his data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
(5) For access to jambo5 one or more user accounts will be created for the user. The user undertakes to keep the access data for this account secret and also to oblige persons who act on his behalf (e.g. employees) and receive their own user accounts for this purpose to observe this secrecy. With the user account, within the use of jambo5, further purchases can be made in the name of the owner of the user account. The user is therefore obliged to provide truthful and complete information during registration. If this contract ends, the user account will be deactivated.
(6) The contents stored by the user on the storage space intended for him may be protected by copyright and data protection laws. The User hereby grants the Provider the right to make the content stored on the server accessible to the User when the User makes queries via the Internet and, in particular, to reproduce and transmit it for this purpose and to be able to reproduce it for the purpose of data backup.
(1) The user agrees to purchase corresponding licenses for subscription plans or modules for the provision of non-free components of jambo5 and the granting of additional storage space. The amount of the fee is determined by the conditions specified in the booked subscription plan or in the purchased modules. The purchase of the licenses is handled by a sales partner authorized by the Provider, who sells them to the Customer in his own name and for his own account.
(2) The sales partner shall provide invoices for all fee payments in electronic form via a portal or by e-mail. The User undertakes to provide the latter with all necessary information, including personal data, which is required for the issuance of invoices in accordance with the applicable legal provisions.
(3) Objections against the invoice as well as any other rights in connection with the purchase of the licenses shall be asserted by the User directly against the Service Provider at the office indicated on the invoice. Costs for return debits and chargebacks are to be borne by the User, insofar as the User is responsible for the occurrence.
(4) If the User no longer has sufficient licenses, this will result in a downgrade to the currently available free subscription plan for jambo5. Excess content and user accounts must be deleted by the user in order to continue using jambo5 to the extent of the free subscription plan.
(1) The Provider guarantees the functional and operational readiness of the SaaS services in accordance with the provisions of this Agreement and the booked subscription plan.
(2) In the event that services of the Provider are used by unauthorized third parties using the User’s access data, the User shall be liable for any fees incurred as a result within the scope of liability under civil law until receipt of the User’s order to change the access data or notification of the loss or theft, provided that the User is at fault for the access of the unauthorized third party.
(3) The Provider is entitled to immediately block the storage space if there is reasonable suspicion that the stored data is illegal and/or violates the rights of third parties. A reasonable suspicion of illegality and/or infringement of rights exists in particular if courts, authorities and/or other third parties inform the Provider thereof. The Provider shall notify the User of the block and the reason for it without delay. The block shall be lifted as soon as the suspicion is invalidated.
(4) Claims for damages against the Provider are excluded, regardless of the legal reason, unless the Provider, its legal representatives or vicarious agents have acted with intent or gross negligence. The Provider shall only be liable for slight negligence if one of the material contractual obligations has been breached by the Provider, its legal representatives or executive employees or vicarious agents. The provider shall only be liable for foreseeable damage, the occurrence of which must typically be expected. Material contractual obligations are those obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the user may rely.
(5) The Provider shall not be liable for the loss of data insofar as the damage is based on the User’s failure to perform data backups and thereby ensure that lost data can be restored with reasonable effort.
(6) The Provider shall be liable without limitation for damages caused intentionally or negligently by the Provider, its legal representatives or vicarious agents resulting from injury to life, limb or health.
(1) The term of the contract depends on the regulation in the corresponding subscription plan. If the user only uses the free version of jambo5, the contract runs for an indefinite period and can be terminated by the user at any time.
(2) The right of each contracting party to terminate the contract without notice for good cause remains unaffected. The Provider shall be entitled to terminate without notice in particular if the User fails to make due payments despite a reminder and the setting of a grace period or if the User violates the contractual provisions regarding the use of the SaaS services. Termination without notice requires in any case that the other party is first requested to eliminate the alleged reason for termination without notice within a reasonable period of time.
(3) The provider is entitled to discontinue the provision of jambo5 or individual components at any time without giving reasons. In such a case, the provider will notify the user in reasonable time, but at least one week, before the discontinuation of the SaaS services.
(1) The user himself is responsible for any declarations of consent required by the provisions of the data protection laws applicable to him by his users and his contractual partners.
(2) The Provider undertakes to maintain strictest secrecy about all confidential processes, in particular business or trade secrets of the User, which come to its knowledge in the course of the preparation, execution and fulfillment of this contract, and to neither pass them on nor exploit them in any other way. This applies to any unauthorized third parties, including unauthorized employees of both the Provider and the User, unless the disclosure of information is necessary for the proper fulfillment of the Provider’s contractual obligations. In cases of doubt, the Provider shall obtain consent from the User prior to such disclosure.
(3) Insofar as the User does not use jambo5 exclusively for the performance of exclusively personal or family activities within the meaning of Art. 2 (2) (d) of the Datenschutz-Grundverordnung (“DSGVO”), the further details on the handling of personal data shall apply in accordance with the agreement pursuant to Art. 28 (3) of the DSGVO between the Provider and the User, which shall also take effect as an annex to this contract on commissioned processing.
(1) This contract shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) For disputes arising from this contract, the exclusive place of jurisdiction is the registered office of the provider.
(1) Verbal side agreements are not made. Amendments, supplements and additions to this contract are only valid if they are agreed between the contracting parties in writing or via the purchase of a subscription plan or module in jambo5. This also applies to the amendment of this contract provision.
(2) Should any provision of this contract be or become invalid, this shall not affect the validity of the rest of the contract. The invalid provision shall be deemed to be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of a gap in the contract.
(3) This Agreement may be made available in different language versions, subject to a corresponding cost regulation. In the event of doubt as to the interpretation of individual provisions, the German language version shall prevail.
(4) Annexes referred to in this contract shall form an integral part of the contract unless otherwise provided for in the contract.
(5) This contract comes into effect with the confirmation by the user when registering at jambo5.