Terms and conditions

(1) The products and prices presented to the customer by Alythus on the website are not to be regarded as a binding offer, but as subject to change and non-binding. Unless they are marked as binding.

(2) The contract is concluded in English. The text of the contract is stored and provided by Alythus.

(4) The data transmitted by the Customer will be stored by Alythus. The Customer grants and authorizes Alythus to use the data transmitted by the customer, including the storage of content and the use of protected and unprotected trademarks, logos, company names and similar.

(5) The contract between Alythus and the customer is concluded by the acceptance of the customer's request for a chargeable order or an action taken to confirm the fulfillment of this order, as agreed between the customer and Alythus. Alythus may refuse to enter into a contractual relationship with a customer. Alythus may terminate a contract at will, as it sees fit.

(6) Additions and amendments to the relevant agreements, including the terms, as agreed between the customer and Alythus, shall be made in writing. The use of e-mail, for example, satisfies the written form requirement.

(7) The offer is aimed exclusively at companies, tradespeople and self-employed persons, members of the liberal professions and public authorities.

(8) The deduction of discounts requires a separate written agreement.

(9) If the customer concludes a contract whose price or scope is not publicly known, for example if the customer has been offered a reduced price by Alythus in a separate, non-publicized offer, the customer is obliged to keep this contract secret and not to make it public.

(1) The contract term is at least one month. The contract is concluded for an indefinite period.

(2) The contract can be terminated subject to the respective notice period, if a notice period has been set. Terminations must be made in text form or via the termination function.

(3) Alythus has the right to terminate the contract for cause. For example, if the customer does not fulfill his payment obligation despite a reminder. Or, for example, if the customer violates the obligations of the terms.

(4) After termination of the contractual relationship, the customer may obtain from Alythus the transfer of the data still stored from the contractual relationship, insofar as the customer no longer has access to the stored data after termination of the contractual relationship.

(1) The services provided by Alythus are provided in accordance with the communicated scope of services. Alythus may adapt, improve and expand the services. These changes will be communicated to the customer. If the customer does not object to the notification of the changes affecting him in writing four weeks after receipt of the notification, the customer's silence is deemed to be consent.

(2) Alythus is entitled to schedule a price change. The customer must be informed by e-mail or alike at least four weeks before the price change affecting him. The notice period of the customer's contract must be taken into account when informing the customer of the change upon renewal, so that the customer has at least four weeks after being informed by e-mail to terminate the contract in due time.

(3) Alythus is entitled to minor deviations and technical changes to the Services, as these are reasonable for the customer. If technical improvements are made, there is no entitlement to use the previous version. If a technically improved version cannot be reasonably expected and imposed on the customer for specific reasons in individual cases, the customer may withdraw from the contract. However, the withdrawal must be made immediately and in writing.

(4) Unless otherwise stated, the prices communicated are net prices. The applicable statutory value added tax is also owed.

(5) The fees incurred when taking out a subscription are due in advance at the beginning of the term and upon renewal. The customer shall be provided with a corresponding invoice.

(6) It is the customer's responsibility to ensure that there are sufficient funds and that his payment method is correct. The customer shall bear the costs of failed direct debits or costs incurred in the event of a returned direct debit or alike.

(7) In the event of late payment after a reminder, Alythus is permitted to prevent the customer from accessing the offer and to discontinue the service for the customer as long as no payment has been made by the customer. In the event of default, Alythus is entitled to immediately shut down the services for the contractual partner.

(8) It is the responsibility of the customer to check the invoices and the like from Alythus for correctness. Interest on arrears that may have accrued may be charged separately. All objections on the part of the customer must be communicated no later than four weeks after delivery. Failure to object in good time may be interpreted as approval.

(1) Neither Alythus nor its representatives, agents, affiliates or distributors make any specific promises or warranties with respect to the services provided. Similarly, Alythus does not make any promises about specific functionalities, their reliability or whether the services provided correspond to the customer's purpose. Liability on the part of Alythus is excluded.

(2) In particular, Alythus is not liable for the infringement of third party rights, for example due to content generated or provided by customers. Alythus is also not liable for linked content.

(3) Software is fundamentally prone to errors. The services provided by Alythus are only to be used under this assumption.

(4) Alythus is not liable for failures or damage caused or attributable to third parties.

(5) The liability of Alythus is not excluded in the case of intent or gross negligence.

(6) Claims for damages on the part of the customer are limited to 50 percent of the average annual contract volume per claim (maximum liability amount). This only applies if the claims are not covered by insurance and are not due to intentional or grossly negligent actions by Alythus or its vicarious agents.

(1) Alythus may use subcontractors, agents and services. If the Customer has granted rights of use or similar rights to Alythus, Alythus is permitted to sublicense these to others.

(1) Alythus does not guarantee permanent availability of the offer. Availability may be limited in connection with maintenance work or similar. In the event of power failures, disruptions or force majeure (such as earthquakes, war, official orders, trade blockades, embargoes, etc.) or if a service provider with whom Alythus has a customer relationship, for example, is affected by the aforementioned, no fundamental availability can be assumed.

(2) Alythus endeavors to inform customers about downtimes and restrictions in the availability of the offer.

(1) The customer must ensure that all components required for authentication are kept secret and are not accessible to third parties. The customer must protect himself against misuse and loss. Alythus shall be indemnified against all claims arising, for example, if these were caused or triggered by the customer's negligence in these matters.

(2) The customer may not use the software in such a way that the stability of the system is affected or the experience of other users is negatively impacted. This only applies if the customer demonstrably carries out such an action intentionally and not in good faith.

(3) If a user succeeds in discovering a software error (“bug”) in the software, whether it is security-relevant or not, he is obliged to first report it to Alythus in a responsible disclosure procedure (“Responsible Disclosure”) before making it public, if he so wishes. However, if the software error poses or could pose a security risk to other users, Alythus must be given a period of time to rectify the software error. The deadline is fourteen days after receipt of the responsible disclosure. Thereafter, in order to protect other users, the software error may no longer be published. The responsible disclosure must be made via the official Alythus communication channels available at the time of disclosure, for example by e-mail.

(4) If, while using the software, the Customer introduces copyrighted or other legally protected content into an Alythus service, the Customer agrees to grant Alythus and its partners all necessary, non-exclusive, global and perpetual rights to display such content within the services free of charge. The Customer attests that he is the owner of the respective rights and indemnifies Alythus from any claims of third parties. The content may have to be saved and managed again, for example in the case of backups of the database systems.

(5) Alytus is entitled to block the customer's access to the Service and, if necessary, to terminate it immediately if the Customer violates the aforementioned guidelines to a significant extent. For example, if a customer attacks the services by technical means.

(6) In principle, no account can be transferred to another person, whether natural or legal. Alythus is indemnified against claims by third parties arising from the use of the services or even a breach of the terms of the contract by the customer. This includes all costs and claims arising from damages, lawsuits, court costs, court proceedings, court judgments, lawyers' fees and the like.

(7) The customer is prohibited from posting content via his account that violates the currently enforced legal situation (e.g. copyright, criminal law, competition law, trademark law, personality rights, naming rights, etc.). Alythus shall be fully indemnified by the customer if claims are asserted by third parties to this extent. The customer shall bear the costs of legal representation incurred by Alythus. Alythus is not obliged to check the content submitted by the customer for possible legal violations or infringements of third-party rights. The customer expressly assures that he will only submit content for which he himself holds the rights of use or for which the rights of use have been transferred to him.

(1) Should individual or several provisions be invalid, this shall not affect the validity of the remaining agreements. The invalid provision shall be replaced by a provision that fulfills the economic purpose of the invalid provision.

(2) Alythus is entitled to amend the terms and conditions. However, this is subject to a notice period of four weeks. If the customer does not object to the change to the terms within this period, his silence is deemed to be consent to the amended terms. In the event of an objection, Alythus is entitled to terminate the contract.

(3) Alythus is entitled to replace the conditions of existing contracts in the event of invalidity, as well as to adapt conditions to changes in legal provisions. Insofar as the customer is not worse off than under the previous conditions.

(1) Alythus is a German company and is therefore subject to the laws of the Federal Republic of Germany. Accordingly, the contracts of Alythus and the customer is interpreted and construed by German authorities in accordance with the laws of the Federal Republic of Germany.

(2) If Alythus becomes involved in a legal dispute, the exclusive place of jurisdiction is the registered office of Alythus.

(3) It is the customer's responsibility to provide all requirements for using the services. This includes, for example, telecommunications costs, hardware with sufficient performance to use the services and, for example, software such as a web browser to use the services.

(4) Alythus is expressly authorized to ensure data protection, data security and the integrity of its systems through the use of automatisms. For example, by checking against a so-called blocklist.

(5) The customer agrees to receive all invoices exclusively by e-mail and waives the paper form.