Do you have any questions about the features and services of the CATAMA SaaS application?
Our address:
Agency 404MEDIA
Stefan Pingel
Töpferstraße 18
19336 Bad Wilsnack
Tel.: 038791-80926
Email: info@catama-software.de
Agency 404MEDIA,
Töpferstraße 18,
19336 Bad Wilsnack,
represented by:
Stefan Pingel
404MEDIA for simplicity –
The product “CATAMA” offered by the agency 404MEDIA is aimed at entrepreneurs who have their residence or business headquarters in the following countries (“contract territory”):
– Federal Republic of Germany
404MEDIA assumes no liability or warranty for the use of the services outside the contract area.
I. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS & CONCLUSION OF CONTRACT
These terms and conditions were updated on December 4, 2016. They become effective on the day of your acceptance.
1. 404MEDIA provides you with the free and paid SaaS services and other services offered in the form of the CATAMA software on the basis of the following General Terms and Conditions of Service and Use (hereinafter "Terms and Conditions"). Any differing terms and conditions of the contractual partner shall not apply. They shall also not apply even if 404MEDIA does not expressly object to them.
2. Only after checking the box "I have read and accept the Terms and Conditions and Privacy Policy" will a contract for our CATAMA business services be concluded, and you will have the opportunity to test the CATAMA application free of charge and without obligation for 7 days – without automatic renewal and without any further commitment. 404MEDIA will send you a user ID and password within a reasonable timeframe and activate your access account.
Booking paid services:
A paid service agreement with 404MEDIA only comes into effect after you have confirmed your selected CATAMA software applications and services in an overview and then "Order subject to fees"
If you are entering into this agreement on behalf of a company or other legal entity, you represent and warrant that you are authorized to bind that entity to these terms and conditions. You will ensure that any users you authorize to use the SaaS services also comply with the terms and conditions of this agreement.
3. You may not use the CATAMA SaaS services and accept the terms and conditions if you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), or if you are not of legal age, or if you are excluded from using the services under the legal provisions of your country, including the country in which you reside or from which you will use the CATAMA SaaS services
4. To access CATAMA SaaS services, you must provide truthful information about yourself and your company during the registration process or while using the service (e.g., providing correct identification and contact details). You declare that the information you provide when registering for the CATAMA application or that you provide to 404MEDIA is accurate, correct, and up-to-date at all times – in particular, that you are an entrepreneur as defined in Section 14 of the German Civil Code (BGB).
5. Additional or modified terms and conditions may apply when using certain CATAMA SaaS services. You will be notified of these before using the relevant product/service. If these special terms and conditions differ from the following provisions, they shall take precedence.
6. These terms and conditions expressly do not apply to services marked as "third-party services" that are not offered by 404MEDIA itself, but by a third party, even if these services are free of charge and/or require registration with CATAMA or 404MEDIA for their use (e.g., Mobile.de or SMS services). The terms and conditions provided by the third party apply exclusively to these services.
II. SUBJECT MATTER / OBLIGATION OF AGENCY 404MEDIA & REQUIREMENTS
1. The SaaS services offered within the CATAMA application are divided into individual service products and packages. You can also select add-ons and resources for the SaaS services. 404MEDIA provides these SaaS services to you via the internet. You thus receive the technical capability and authorization to use the CATAMA SaaS services in accordance with these terms and conditions. These services are hosted on central servers.
The nature of the CATAMA SaaS services is determined solely by the services specified in the most recent product description for the product you have selected, in addition to the general system requirements (see also www.catama-software.de/preise-und-leistungen.html)
Access to CATAMA SaaS services is via a user interface using a web browser (latest Chrome or Firefox). Data processing, access to your data, and storage and backup on the CATAMA server are all encrypted. 404MEDIA also handles the maintenance and support of the hardware and software infrastructure required to use CATAMA SaaS services.
The latest documentation describing CATAMA SaaS services is available exclusively in electronic form on the website www.catama-software.de. This website also describes the current hardware and software requirements for using CATAMA SaaS services. Maintaining and operating these technical requirements is your sole responsibility – even in the event of further developments to CATAMA SaaS services or their infrastructure.
2. If you use free services of the CATAMA application or if the CATAMA SaaS services you have selected include services beyond the specifications listed in the product description, this is done free of charge and without any legal entitlement.
To the extent that 404MEDIA provides free CATAMA SaaS services, these may be discontinued at any time without prior notice. If the discontinuation is significant to you, 404MEDIA will inform you at least one week in advance. However, claims for reductions, refunds, or damages are excluded in this case.
3. 404MEDIA provides the CATAMA SaaS services based on sophisticated and modern web technology. 404MEDIA intends to further develop the CATAMA SaaS services at its own discretion to offer users maximum convenience and functionality. You acknowledge and agree that the form and nature of the CATAMA SaaS services provided by 404MEDIA may change to a reasonable extent during the term of this agreement.
Reasonableness is given in particular if:
a) the CATAMA services include products from other manufacturers and these are not, no longer, or only available in a modified form to 404MEDIA, without this being attributable to circumstances for which 404MEDIA is responsible;
b) new legal or regulatory requirements necessitate a change to CATAMA;
c) the agreed services no longer comply with the current state of the art, security regulations, or data protection standards, or their functionality is no longer guaranteed; or
d) agreed services are replaced in whole or in part with equivalent or superior services, the agreed target characteristics remain essentially unchanged, and the associated change in services is reasonable. 404MEDIA will notify you of changes to the CATAMA application at least one month before they take effect.
4. The web browser is the interface to the internet and the data center used by 404MEDIA for the contractually owed CATAMA SaaS services. The customer's internet connection, the maintenance of the network connection, and the procurement and provision of the hardware and software required on the customer's side are not part of this contract.
5. 404MEDIA strives to provide continuous access to CATAMA SaaS services, 24 hours a day, 365 days a year. Hosting is designed for over 99% availability per annum, excluding routine, necessary, and planned maintenance and repairs. Uninterrupted availability is expressly not guaranteed and is not owed. In particular, access may be partially restricted for technical reasons, such as necessary maintenance and repairs. Where possible, necessary maintenance and repairs will be announced in advance; routine maintenance will be announced beforehand. Unavailability due to maintenance does not entitle you to a reduction in fees if it does not exceed 24 hours per day, 48 hours per week, or 96 hours per month.
6. Unless expressly stated otherwise, 404MEDIA is not obligated to provide any further services. In particular, 404MEDIA is not obligated to provide installation, consulting, customization and/or training services, nor to create and provide custom functions or add-on programs.
III. INDUSTRY PROPERTY RIGHTS / COPYRIGHTS / LICENSE GRANT / RESTRICTIONS / TRANSFERABILITY / FAIR USE
1. The content of the CATAMA websites, CATAMA SaaS services, the CATAMA software itself and its documentation, as well as the technologies used by 404MEDIA ("Content") and CATAMA, are subject solely and independently to any registration of industrial property rights or intellectual property rights, and in particular, but not exclusively, to the copyright of 404MEDIA or its licensors. 404MEDIA reserves all rights not expressly granted. You are only entitled to use the Content in the form provided by the CATAMA software, in accordance with its intended purpose and the contract.
2. 404MEDIA hereby grants you, within the framework of these terms and conditions, a personal, non-exclusive, non-transferable, and non-sublicensable license valid throughout Germany to use the CATAMA SaaS services you have selected and – where applicable – paid for, within the selected specification parameters (e.g., version or number of users) of the products you have chosen, exclusively for your own internal business purposes. Internal business purposes means that you are only authorized to process your own company data with the CATAMA SaaS services. However, you may grant access to the products you have booked to a third party who supports you in your work (e.g., your tax advisor).
The license is granted to you solely for the purpose of enabling you to use the CATAMA SaaS services provided by 404MEDIA in accordance with the terms of the agreement. You may only access the CATAMA SaaS services through the access channels provided by 404MEDIA.
The right to use the license ends with the termination of the contractual relationship between you and 404MEDIA.
You are expressly prohibited from:
– processing company data other than your own with the CATAMA SaaS services provided by 404MEDIA;
– using the CATAMA SaaS services if you are a competitor of or affiliated with 404MEDIA;
– using the CATAMA SaaS services to analyze their availability, performance, or functionality, to conduct performance comparisons, or to develop similar ideas, features, functions, or graphical representations of the products;
– assigning your rights under this agreement;
– using the CATAMA SaaS services for timeshare, data center (“Service Bureau”), subscription (“Subscription Services”), or rental purposes;
– disclosing the results of benchmark tests of the CATAMA SaaS services to any third party unless 404MEDIA provides prior written consent to such disclosure;
– using the CATAMA SaaS services to provide training to third parties. This excludes training courses for your employees who have acquired a license in accordance with the contractual provisions.
3. You irrevocably and free of charge grant 404MEDIA the unrestricted right to use and exploit your ideas, requests for service and software development, feedback, recommendations or other information provided by you or third parties in connection with the CATAMA SaaS services, unless you expressly reserve such rights in a manner that is clearly recognizable to 404MEDIA.
4. If 404MEDIA provides new versions of the CATAMA SaaS services during the term of this agreement as a result of further developments, the license grant shall generally apply accordingly, unless 404MEDIA adds supplementary regulations to them, to which you will be notified.
5. You are liable for damages in every instance where you culpably enable third parties to use CATAMA SaaS services. These damages are at least equal to the amount that would have been incurred had a contract been concluded for one, the number of, or all third-party users. In the event of unauthorized use or transfer of use, you must, upon request from 404MEDIA, immediately provide all information about the user in order to assert claims against them.
6. You agree not to reproduce, sell, sublicense, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the CATAMA SaaS services for any purpose, to reproduce, modify, copy, create derivative works from, reverse engineer, or otherwise attempt to derive the source code of the software, nor permit any third party to do so, unless expressly permitted or required by law, or 404MEDIA has expressly permitted you to do so under a separate written agreement.
7. You will only use the CATAMA SaaS services for purposes permitted under the terms of the agreement and applicable laws, regulations, or generally accepted codes of conduct in the relevant jurisdictions (including any legal provisions regarding the export of data or software).
8. We assume that you will use our CATAMA services only for their intended purposes. However, since every company may have different and unforeseen requirements, we have a fair use policy:
We reserve the right to restrict excessive or unusually high usage of our services that, in our assessment, could impair the use and availability of the services for all our users. In this case, we will contact you to find a solution to your specific usage needs.
IV. Contract Term / Termination / Release of Your Data / Data Deletion
1. In the license management section of the CATAMA website or application, you can view the current status of your products, their costs, duration, and cancellation options.
By clicking the "Order subject to fees" button in the shop, a paid contractual relationship begins for an indefinite period.
The notice period for terminating the contractual relationship is 14 days to the end of a month, unless a different term or notice period is expressly stated in connection with the product selection.
During the term of a paid CATAMA SaaS service, you can generally add further paid extensions (e.g., additional users) or, if applicable, supplementary products (on-site training) to the respective CATAMA SaaS service at any time.
Switching from free CATAMA SaaS services to paid products or to a higher-priced product within a category is possible at any time. In this case, any fees already paid that are included in the newly selected paid product will be credited or offset against the new price.
2. For free products, the information in section II.2 applies.
3. The right to terminate for cause remains unaffected. Cause for termination exists in particular if:
– a contracting party breaches material obligations or repeatedly breaches non-material obligations under the contract and fails to remedy the breach within a reasonable period even after receiving a warning from the other contracting party; or
– You have violated the provisions of these terms and conditions or your conduct clearly indicates that you are unwilling or unable to comply with the provisions of these terms and conditions.
– Insolvency proceedings have been opened against the assets of the other contracting party or such proceedings are imminent.
4. Please note that all cancellations must be made in writing.
5. Upon termination of the contractual relationship – for whatever reason – both parties are obligated to properly settle the contractual relationship:
– 404MEDIA is entitled to irretrievably delete your data no later than thirty days after termination of the contractual relationship. You can create a backup of your data at any time using our integrated export tool.
– However, 404MEDIA reserves the right to retain customer data, particularly in the event of payment default on your part.
– Compliance with commercial and tax law retention periods is solely your responsibility.
6. 404MEDIA points out that after termination of this contract, you have no right to have your customer data restored in the then-current version of the SaaS services. In particular, your settings, configurations, and master data entries will be permanently lost upon termination of the contract.
V. CONTACT PERSON / CONSENT TO COMMUNICATION VIA EMAIL
1. The person concluding the contract will be available to 404MEDIA as a contact person and for any questions during the contract period. In particular, they will provide all information necessary for the execution of this contract and are authorized to make legally binding declarations to 404MEDIA. Any changes in the contact person must be communicated to 404MEDIA immediately
2. You expressly agree that information regarding requested or existing contracts, contract execution, and any billing between you and 404MEDIA will be sent to you via email to the email address you provided during contract registration. You will check your email account regularly for incoming messages.
VI. OTHER OBLIGATIONS
1. You are responsible for all activities that take place within your user accounts. You must keep your user ID (e.g., user and access authorizations assigned to you or your users, as well as identification and authentication safeguards, login names, passwords) confidential, protect it from unauthorized access, and ensure its proper use. You are responsible for the use of your access, liable for any misuse, and must bear all costs incurred as a result of unauthorized use. In this context, you must also reimburse 404MEDIA for any expenses incurred in inspecting your facilities and/or for defects and malfunctions attributable to your area of responsibility.
2. You will immediately notify 404MEDIA of any unauthorized use of passwords or access to CATAMA products and services, as well as any other data security breaches that come to your attention or are suspected
3. You agree not to engage in any activity that impairs or disrupts the availability of CATAMA products or the servers or networks used to provide CATAMA SaaS services.
4. You will refrain from any misuse of the CATAMA SaaS services. In particular, you will not transmit any content or data in an unlawful manner or of unlawful origin. You will refrain from attempting, either directly or through third parties, to access information or data without authorization, or to interfere or cause interference with the software and/or hardware systems operated by 404MEDIA, or to gain unauthorized access to the data networks of 404MEDIA or CATAMA SaaS
5. Before sending your data and information, you will check it for harmful content, especially viruses, and use state-of-the-art antivirus software. Furthermore, you are obligated to provide all necessary cooperation promptly and free of charge, particularly if requested by 404MEDIA, provided the required measures do not exceed a reasonable cost.
VII. REMUNERATION AND BILLING
1. Fees for the use of paid CATAMA services and products are calculated according to the currently valid prices, which can be viewed at www.catama-software.de/preise-und-leistungen.html. Direct debits will be processed no earlier than 7 days after receipt of the invoice.
Unless explicitly stated otherwise, payment is due monthly in arrears. One-time fees are due and payable immediately after the CATAMA application is set up and before commissioning.
2. Invoices are issued electronically. Should you require a paper invoice by post, or should this be necessary (e.g., due to an incorrect contact email address), an additional fee of €2 per invoice will be charged.
3. Unless explicitly stated otherwise, all prices quoted are net prices, to which statutory VAT will be added. VAT will be shown separately on invoices.
4. The payment options available to you are determined by the respective order process. In any case, you must provide the required information when concluding the contract
5. You are responsible for any fees incurred due to chargebacks or PayPal payments caused by your negligence. A processing fee of €10 will be charged for each instance. You reserve the right to prove that no damage was incurred or that the damage was significantly less.
6. If you revoke your direct debit authorization, if a chargeback occurs at your request, or if there are any other changes to the payment process, 404MEDIA may switch your payment method to invoice payment. Due to the increased administrative effort, you will be charged an additional €2.50 per invoice as an invoice payer. Switching back from invoice payment to direct debit payment is only possible upon written request and after review.
7. Any credits or refunds due to overpayments, double payments, etc. will be offset against the next invoice due.
8. Objections to the invoice must be submitted to 404MEDIA in writing within eight weeks of receipt of the invoice. Failure to object in a timely manner will be deemed acceptance. Your statutory rights in the event of justified objections remain unaffected. You are only entitled to offset payments with legally established or undisputed claims or to assert a right of retention.
9. The assignment of claims arising from this contract is only permitted with the prior express written consent of 404MEDIA.
VIII. DELAY AND SYSTEM LOCKOUT
If you are in arrears with your payment, 404MEDIA will cease providing the CATAMA SaaS services after giving one week's notice, and may, in particular, completely block your access. In this case, you remain obligated to pay the monthly fee, and 404MEDIA reserves the right to assert any other claims arising from the payment default.
IX. CHANGES TO THE TERMS AND CONDITIONS
404MEDIA reserves the right to amend or supplement these terms and conditions (e.g., prices, terms and conditions). You will be notified separately of any changes or supplements. The amended or supplemented terms and conditions will only apply if you continue to use the products after receiving the notification and after the expiry of the standard notice period agreed upon in this contract, and you have been informed of this consequence. This also applies to free services, whereby 404MEDIA will observe a notice period of at least four weeks.
X. DEFECTS, DEFECTS NOTIFICATION AND WARRANTY EXCLUSION
1. 404MEDIA warrants that it will provide its services in a manner consistent with general industry standards, to the extent applicable to the products, and that the service will be provided substantially as described in the product descriptions for normal use under normal circumstances.
2. If the CATAMA services to be provided by 404MEDIA under this agreement are defective, 404MEDIA will, at its discretion, either rectify the defects or provide them again within a reasonable period after receiving a notice of defects. If the provision of the services without defects fails within a reasonable period set by you for reasons attributable to 404MEDIA, you may reduce the agreed remuneration by a reasonable amount. The right to a reduction is limited to the remuneration attributable to the defective portion of the service.
In the event that system availability falls below 99% (see also Section II.6), you may reduce your remuneration accordingly.
Claims for damages are governed exclusively by Section XI.
3. A prerequisite for your warranty claims is that you report any defects in the contractual services immediately, specifying how and under what circumstances the defect occurs, and actively support 404MEDIA in troubleshooting. If, after reviewing the error report, it turns out that the defect did not occur within 404MEDIA's area of responsibility, 404MEDIA may invoice you for the costs of reviewing the error report at the applicable rates. However, this does not apply if, exercising due diligence, you could not have recognized that the defect did not occur within 404MEDIA's area of responsibility.
4. 404MEDIA MAKES NO ASSURMATION, GUARANTEE OR WARRANTY THAT
a) The use of the Catama software meets your requirements or expectations.
b) Your use of the Catama application can be uninterrupted, timely, secure, and error-free.
c) Data stored within the Catama application is accurate and reliable.
d) Information obtained through product use is correct and reliable.
e) All defects or errors relating to the products or the functionality of the software provided to you as part of the product will be corrected.
5. UNLESS EXPRESSLY AGREED OTHERWISE, ADVICE OR INFORMATION YOU OBTAIN FROM 404MEDIA DOES NOT CREATE ANY WARRANTY CLAIMS AGAINST 404MEDIA
6. 404MEDIA does not guarantee that the products are suitable or available for use in other locations outside the contractual area. If you use the products outside the contractual area, you are solely responsible for complying with all applicable laws, including, but not limited to, the export and import regulations of other countries. Redirecting web content in violation of the law is prohibited.
7. THE EXCLUSIONS ACCORDING TO ITEMS 4-6 DO NOT AFFECT YOUR STATUTORY RIGHTS TO WHICH YOU ARE ENTITLED IN ANY CASE AND WHICH CANNOT BE CONTRACTUALLY MODIFIED OR WASTED.
XI. LIABILITY
1. Unless otherwise stipulated in this contract, 404MEDIA, its legal representatives or vicarious agents shall be liable exclusively and conclusively as follows, regardless of the legal basis:
a) 404MEDIA excludes any strict liability for defects existing at the time of contract conclusion.
b) 404MEDIA is liable for damages caused intentionally or by gross negligence, claims under the Product Liability Act, and for injury to life, body, or health in accordance with statutory provisions.
c) For damages resulting from simple negligence on the part of 404MEDIA or its agents, 404MEDIA is only liable if a material contractual obligation has been breached or if there is a case of default or impossibility of performance.
d) In the cases referred to in Section XI.1. c), 404MEDIA's liability per incident is limited to a maximum amount of its annual remuneration at the time of the incident causing the damage.
2. 404MEDIA will use state-of-the-art virus scanners and firewalls to prevent unauthorized access to your data and the transmission of malicious data.
You acknowledge that complete protection against malicious data is not possible, as viruses, worms, Trojans, spam, and other security risks are constantly being developed and improved. 404MEDIA points out that even the security products used by 404MEDIA and/or CATAMA cannot offer 100% protection against malicious content. Therefore, 404MEDIA assumes no liability or warranty for the security of the CATAMA SaaS service against such threats, provided that 404MEDIA has fulfilled its aforementioned obligations.
If a threat cannot be eliminated in any other technically and economically reasonable and promising manner, 404MEDIA is entitled to delete your data containing malicious content. 404MEDIA will inform you of this.
3. 404MEDIA points out that, according to the current state of the art, it is virtually impossible, or only achievable with disproportionate and uneconomical effort, to develop software that functions flawlessly in all applications and combinations. Therefore, 404MEDIA assumes no liability for the error-free operation of its products. In particular, 404MEDIA provides no guarantee that the products will work with third-party programs, unless this is expressly stated in the product description.
4. 404MEDIA is not liable for indirect damages, consequential damages or lost profits.
5. Any further claims by you, other than those mentioned in this contract, regardless of their legal basis, are excluded.
6. The CATAMA website and the CATAMA product may contain hyperlinks to other websites, content, or resources. 404MEDIA has no control over websites or resources provided by third parties. The provider of the linked page is solely liable for illegal, incorrect, or incomplete content and for damages resulting from the use or non-use of such information, not the party who merely provides links to the respective publication. In the case of direct or indirect references to external websites ("links") that are outside the responsibility of 404MEDIA, liability would only apply if 404MEDIA had knowledge of the content and it was technically possible and reasonable for them to prevent its use in the case of illegal content.
XII. MUTUAL INJURY AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
1. When using the product or CATAMA, you will comply with all applicable laws and regulations of the Federal Republic of Germany. In particular, you are prohibited from posting data or content that violates legal regulations, infringes third-party intellectual property rights, copyrights, or other rights. You are solely responsible for the data and content you provide. 404MEDIA does not check the content for accuracy, virus-free status, or suitability for virus detection.
2. You agree that you bear sole responsibility for any breach of your obligations under the terms of this agreement and for any resulting consequences. You shall indemnify 404MEDIA against any claims, including reasonable legal defense costs, arising from your unlawful or non-contractual use of the services or your use by users.
3. If you are held liable in court for infringement of third-party industrial property rights and copyrights due to your contractual use of the services provided by 404MEDIA within the framework of the CATAMA application, 404MEDIA will indemnify you against these claims under the following conditions:
– You notify 404MEDIA immediately in writing as soon as you become aware of the claims asserted against you, and
– You grant 404MEDIA control over all defense measures and settlement negotiations. In particular, you will not make any judicial or extrajudicial admissions to the third party's claims, and
– You provide reasonable support to 404MEDIA in defending against or settling the claims.
– See paragraph 5
4. Beyond the indemnification obligation under the preceding clause, 404MEDIA is only liable to you for damages in accordance with Section XI if 404MEDIA is at fault for the breach.
5. Your rights under this section do not apply to the extent that the infringement of intellectual property rights is based on the fact that you
– have made a modification to the products that has not been approved in writing by 404MEDIA under this agreement or otherwise, or
– use the contractual services in a manner other than for the purpose underlying this agreement, or
– combine the products with hardware or software that does not meet the requirements stated in the description.
XIII. FORCE MAJEURE
1. Events of force majeure that significantly impede performance or make it temporarily impossible entitle each contracting party to postpone the fulfillment of its obligations for the duration of the impediment and a reasonable start-up period.
2. Force majeure shall include industrial action and similar circumstances, provided they are unforeseeable, serious, and beyond the control of either party. Comparable events also include official orders, the failure of communication networks or gateways of other operators, and disruptions in the services of other telecommunications or service providers. The parties shall notify each other of such circumstances without delay.
3. Liability for force majeure, in particular for strikes, riots, fire, floods, terrorism and other natural disasters, as well as circumstances beyond our control, such as power outages and interruptions or destruction of data transmission lines and the circumstances described in section 2 above, is excluded.
4. Reimbursement of fees for service outages due to disruptions outside of 404MEDIA's control is excluded.
XIV. DATA SECURITY, DATA BACKUP, DELETION AND BACKUPS
1. 404MEDIA uses some of the most modern technologies available today for internet security to implement the CATAMA application. When you access our website with the compatible client (Chrome or Firefox) designated by 404MEDIA, Secure Socket Layer (SSL) technology protects your information using server authentication and 256-bit data encryption. This ensures that your data is secure and only accessible to registered users. Competitors cannot access your data.
2. Your data is backed up daily in a file-based backup. Throughout the entire lifecycle of customer data (database, file folder, file backup), one customer's data is clearly separated from the data of other customers.
3. Users of the free CATAMA Basic Suite as well as the paid CATAMA Smart, Professional, and Enterprise Suites have the option to have their instances permanently deleted at any time by sending an email to support@catama-software.de. Furthermore, for security reasons, CATAMA Basic instances and their data are automatically deleted if users for more than 30 days .
XV. DATA PROTECTION
1. The transmission of data to 404MEDIA within the scope or on the occasion of use is at the customer's own risk.
2. Both contracting parties shall comply with all applicable data protection regulations, in particular those valid in Germany, and shall obligate their employees involved in the performance of this contract to maintain data secrecy in accordance with Section 5 of the German Federal Data Protection Act (BDSG), unless they are already generally bound by such an obligation. Further statutory and professional confidentiality obligations remain unaffected.
3. If the customer collects, processes, or uses personal data, either directly or through 404MEDIA, the customer warrants that they are authorized to do so under applicable regulations, particularly data protection laws, and shall indemnify 404MEDIA against any third-party claims in the event of a breach.
If the data to be processed is personal data (Section 3 Paragraph 1 of the German Federal Data Protection Act (BDSG)), 404MEDIA is processing the data on behalf of the customer. 404MEDIA will comply with the customer's instructions, particularly regarding compliance with deletion and blocking obligations. These instructions must be communicated in writing and in a timely manner. The customer has the option of concluding a written data processing agreement.
Both contracting parties will comply with the provisions applicable to data processing and the data center and will implement the necessary technical and organizational measures to protect personal data in accordance with the German Federal Data Protection Act (BDSG), in particular the Annex to Section 9 BDSG.
4. If you collect, process or use personal data yourself or through the CATAMA services, you are responsible for ensuring that you are authorized to do so in accordance with applicable regulations, in particular data protection regulations, and you shall indemnify 404MEDIA against all third-party claims, including reasonable legal defense costs, in the event of a breach.
5. In relation to 404MEDIA, you alone remain the data controller (Section 11 of the German Federal Data Protection Act "BDSG"). You retain sole control and ownership of all customer-specific data (input/output data, processed data, stored data).
You, not 404MEDIA, are solely responsible for the correctness, accuracy, quality, integrity, legality, reliability, suitability, and compliance with all intellectual property rights in connection with all data transmitted to CATAMA or 404MEDIA. 404MEDIA is not liable for deletions, corrections, destruction, damage, loss, or failure to store your data that are attributable to you. 404MEDIA does not perform any monitoring of the data and content you store. 404MEDIA is only authorized to process and/or use your data according to your instructions and within the scope of contract performance.
404MEDIA is prohibited from making your data accessible to third parties in any way without your prior written consent. However, within the limits of what is permissible under data protection law, 404MEDIA is entitled to process and use your data during the validity of this contract.
6. You are generally not entitled to demand access to the premises and data center of 404MEDIA. This excludes the right of access for your data protection officer, after prior written notification, to verify compliance with the requirements of Section 9 of the German Federal Data Protection Act (BDSG) and 404MEDIA's other legally and contractually compliant handling of personal data within the scope of contract performance.
7. You are hereby informed, in accordance with Section 33 Paragraph 1 of the German Federal Data Protection Act (BDSG) and Section 13 Paragraph 1 of the German Telemedia Act (TMG) and corresponding legal regulations, that 404MEDIA processes your participant data electronically in machine-readable form for purposes arising from the contract. Insofar as 404MEDIA uses third parties to provide the offered services, 404MEDIA is entitled to transfer the participant data if this is necessary to ensure the proper operation of the services within the scope of the contract.
8. Further information on data protection and the data protection guidelines of 404MEDIA can be found at www.catama-software.de.
XVI. FINAL PROVISIONS
1. The assignment of rights and claims arising from this contract, unless expressly permitted, is only allowed with the prior written consent of 404MEDIA. However, 404MEDIA is entitled to transfer the entire contract to its affiliated companies.
2. These Terms and Conditions constitute the entire agreement between you and 404MEDIA and govern your use of the products. Excluded from these Terms and Conditions are services that 404MEDIA provides to you under a separate written agreement. These Terms and Conditions supersede all previous agreements in their entirety.
3. A failure to exercise or enforce any right or remedy granted under the terms of the contract or to which 404MEDIA is entitled under applicable law shall not be construed as a formal waiver of 404MEDIA's rights – rather, 404MEDIA shall retain those rights.
4. Should individual provisions be or become wholly or partially invalid, this shall not affect the validity of the remaining clauses. The contracting parties are obligated, within reasonable limits and in good faith, to replace the invalid clause with a permissible provision that achieves the same economic result, provided that this does not result in a material change to the content of the contract. The same applies to any gaps in the contract.
XX. Information for consumers on out-of-court dispute resolution
1. Information obligation pursuant to the ODR Regulation (Art. 14 para. 1 ODR-VO)
Link to the EU Commission's online dispute resolution platform: http://ec.europa.eu/consumers/odr
Our email address is: info@catama-software.de
2. Information obligation under the Consumer Dispute Resolution Act (§ 36 VSBG) We are neither obligated nor generally willing to participate in dispute resolution proceedings before a consumer arbitration board.