Do you have any questions about the features of the CATAMA SaaS application and our services?
Our address:
404MEDIA Agency
Stefan Pingel
Töpferstraße 18
19336 Bad Wilsnack
Phone: 038791-80926
Email: info@catama-software.de
404MEDIA Agency
Töpferstraße 18
19336 Bad Wilsnack
represented by:
Stefan Pingel
– hereinafter referred to as 404MEDIA for the sake of simplicity –
THE “CATAMA” PRODUCT OFFERED BY THE 404MEDIA AGENCY IS INTENDED FOR BUSINESS OWNERS WHO HAVE THEIR RESIDENCE OR BUSINESS LOCATION IN THE FOLLOWING COUNTRIES (“Contract Area”):
– Federal Republic of Germany
404MEDIA assumes no liability or warranty for the use of the services outside the Contract Territory.
I. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS & CONCLUSION OF THE AGREEMENT
These General Terms and Conditions were updated on December 4, 2016. They become effective on the date 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 of Service and Use (hereinafter “GTC”). Any conflicting General Terms and Conditions of the contracting party shall not apply. They shall not apply even if 404MEDIA does not expressly object to them.
2. Only after checking the checkbox “I have read and accept the Terms and Conditions and Privacy Policy” is a contract for our CATAMA business services and features concluded, and you will have the opportunity to test the CATAMA application for 7 days free of charge and without obligation—with no automatic renewal and no further obligations. 404MEDIA will send you a user ID and password within a reasonable time and activate your account.
Ordering Paid Services:
A paid service contract with 404MEDIA is only concluded after you have confirmed your selected CATAMA software applications and services in an overview and then clicked “Place a Paid Order.” This also applies to any additional bookings.
IF YOU ENTER INTO THE AGREEMENT ON BEHALF OF A COMPANY OR ANOTHER LEGAL ENTITY, YOU WARRANT THAT YOU ARE AUTHORIZED TO BIND THAT ENTITY TO THESE TERMS. YOU WILL ENSURE THAT THE USERS YOU AUTHORIZE TO USE THE SAAS SERVICES ALSO COMPLY WITH THE TERMS OF THIS AGREEMENT.
3. You may not use the CATAMA SaaS services or accept the terms of this Agreement if you are a consumer as defined in § 13 of the German Civil Code (BGB), or if you are a minor, or if, under the laws of your country, including the country in which you are resident or from which you will use the CATAMA SaaS services, are excluded from using these services
4. To access the CATAMA SaaS services, you must provide truthful information about yourself and your company during the registration process or during ongoing use (e.g., providing correct identification and contact information). You declare that the information you provide when registering for the CATAMA application or that you disclose to 404MEDIA is accurate, correct, and up-to-date at all times—in particular, that you are a business owner as defined in Section 14 of the German Civil Code (BGB).
5. When using certain CATAMA SaaS services, special or modified provisions may also apply. You will be notified of these, if applicable, before using the relevant product or service. To the extent that these special provisions deviate from the following provisions, they shall take precedence.
6. These terms and conditions expressly do not apply to services designated as “third-party services” that are not offered by 404MEDIA itself but by a third party, even if this is done free of charge and/or registration with CATAMA or 404MEDIA is required to use them (e.g., Mobile.de or SMS services). Only the terms and conditions posted by the third party apply to these services.
II. SUBJECT MATTER / OBLIGATIONS OF THE 404MEDIA AGENCY & PREREQUISITES
1. The SaaS services offered within the CATAMA application are divided into individual service products and packages. In addition, you may select add-ons and resources for the SaaS services. 404MEDIA provides you with these SaaS services via the Internet. You are thus granted 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 scope of the CATAMA SaaS services is determined exclusively by the features specified in the most current 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 the CATAMA SaaS services is provided via a browser (the latest version of Chrome or Firefox) through a user interface. Using encrypted transmission, data processing, encrypted access to your data, and the storage and backup of your data take place on the CATAMA server. 404MEDIA is also responsible for the maintenance and upkeep of the hardware and software infrastructure required to use the CATAMA SaaS services.
The most up-to-date documentation describing the CATAMA SaaS services is available exclusively in electronic form on the website at www.catama-software.de. The website also describes the current hardware and software requirements necessary on the customer’s end for using the CATAMA SaaS services. The operation and maintenance of these technical requirements are your sole responsibility—even in the event of further developments to the CATAMA SaaS services or their infrastructure.
2. To the extent that you use free features of the CATAMA application or the CATAMA SaaS services you have selected include services or features that go beyond the specifications listed in the product description, this is provided 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 and without prior notice. If such discontinuation is of significance to you, 404MEDIA will notify you at least one week in advance. However, claims for reduction, refund, or damages are excluded in this regard.
3. 404MEDIA provides the CATAMA SaaS services based on complex and modern web technology. 404MEDIA intends to further develop the CATAMA SaaS services at its own discretion in order to provide users with 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 the contract.
Such changes are deemed reasonable in particular if:
a) the CATAMA services include products from other manufacturers and these are not, no longer, or only in a modified form available 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-upon services no longer comply with the current state of the art, security regulations, or data protection requirements, or their operability is no longer guaranteed, or
d) agreed-upon services are replaced, in whole or in part, with services of equal or higher value, provided that the agreed-upon target specifications 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 serves as the gateway to the Internet and to the data center used by 404MEDIA for the contractually agreed-upon CATAMA SaaS services provided by 404MEDIA. The Customer’s connection to the Internet, the maintenance of the network connection, and the procurement and provision of the necessary hardware and software on the Customer’s end are not covered by this contract.
5. 404MEDIA strives to ensure that access to the CATAMA SaaS services is available continuously, 24 hours a day, 365 days a year. Hosting operations are designed to achieve an annual availability of over 99%, excluding, however, routine, necessary, and scheduled maintenance and repair work. Availability at all times is expressly not guaranteed and is not an obligation. In particular, access may be partially restricted for technical reasons, such as necessary maintenance and repair work. To the extent possible, necessary maintenance and repair work will be announced; in particular, you will be notified in advance of routine maintenance work. Unavailability due to maintenance work does not justify a claim for a reduction in payment if such work 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 additional services. In particular, 404MEDIA is not obligated to provide installation, consulting, customization, and/or training services, nor is it obligated to develop or provide custom features or add-on programs.
III. INDUSTRIAL PROPERTY RIGHTS / COPYRIGHT / 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 the 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 authorized to use the content in the form provided by the CATAMA software in accordance with its intended purpose and the terms of the agreement.
2. 404MEDIA hereby grants you, subject to the terms and conditions, a license limited to the term of the contract—which is personal, but not exclusive, transferable, or sublicensable, and valid throughout Germany—to use the CATAMA SaaS services and features you have selected and —if subject to a fee—CATAMA SaaS services within the selected specification parameters (e.g., version or number of users) of the products you have selected, exclusively for your own internal business purposes. “Internal business purposes” means that you are only authorized to process your own company data using the CATAMA SaaS services. However, you may grant access to the products you have subscribed to a third party who assists 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 this Agreement. You may access the CATAMA SaaS services exclusively through the access channels provided by 404MEDIA.
The right to use the license ends upon termination of the contractual relationship between you and 404MEDIA.
You are expressly prohibited from:
– processing data other than your own company data using the CATAMA SaaS services provided by 404MEDIA.
– using the CATAMA SaaS services if you are a competitor of 404MEDIA or affiliated with it;
– to use the CATAMA SaaS services to analyze their availability, performance, or functionality, to conduct performance comparisons, or to develop products with similar ideas, features, functions, or graphical representations;
– to assign the rights under this agreement;
– to use the CATAMA SaaS services for timesharing, data center purposes (“service bureau”), subscription services, or rental purposes;
– to disclose the results of benchmark tests of the CATAMA SaaS services to a third party, unless 404MEDIA consents to such disclosure in writing in advance;
– to use the CATAMA SaaS services to provide training to third parties; this does not apply to training for your employees who have acquired a license in accordance with the terms of this Agreement.
3. You irrevocably grant 404MEDIA, free of charge, 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 clear and clearly recognizable to 404MEDIA.
4. To the extent that 404MEDIA provides new versions of the CATAMA SaaS services during the term of this Agreement as a result of further development, the grant of license shall generally apply to these versions accordingly, unless 404MEDIA includes supplementary provisions, of which you will be notified.
5. In any case where you negligently allow third parties to use the CATAMA SaaS services, you shall be liable for damages. Such damages shall be at least equal to the amount that would have been incurred had a contract been concluded for the number of third-party users. In the event of unauthorized use or transfer of use, you must, upon request by 404MEDIA, immediately provide all information regarding the user necessary to assert claims against that user.
6. You agree not to reproduce the CATAMA SaaS services for any purpose, nor to sell, resell, transfer, or assign them in any way by way of a license or sublicense, distribute them, or otherwise commercially exploit them or make them available to third parties; to reproduce, modify, copy, or create derivative works; to reverse-engineer or otherwise attempt to derive the source code of the software; or to permit a third party to do so, unless this is expressly permitted or required by law, or 404MEDIA has expressly authorized you to do so in a separate written agreement.
7. You will use the CATAMA SaaS services only for purposes that are permitted under the terms of this Agreement and the applicable legal provisions or regulations or generally accepted practices or guidelines 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 the purposes for which they are intended. However, since every company may have different and unforeseeable requirements, we apply a fair-use policy:
We reserve the right to restrict excessive or unusually high usage of our services that, in our sole discretion, could impair the use and availability of the services for all our users. In this case, we will contact you to find a solution tailored to your specific usage needs.
IV. CONTRACT TERM / TERMINATION / DISCLOSURE 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, term, and termination options.
Clicking the “Place Order (Subject to Fees)” button in the shop initiates a paid contractual relationship for an indefinite term.
The notice period for terminating the contractual relationship is 14 days prior to the end of a month, unless a different term or notice period is expressly specified in connection with the product selection.
During the term of a paid CATAMA SaaS service, you may generally add additional paid extensions (e.g., additional users) or, if applicable, supplementary products (on-site training) to the respective CATAMA SaaS service at any time.
You may switch from free CATAMA SaaS services to paid products or to a higher-tier product within the same category at any time. In this case, any fees already paid that are included in the newly selected paid product will be offset or credited as appropriate.
2. For free products, the provisions of Section II.2 apply.
3. The right to terminate the contract for good cause remains unaffected. Good cause 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 breached 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 initiated against the other contracting party’s assets, or such proceedings are imminent.
4. Please note that all notices of termination must be provided in writing.
5. Upon termination of the contractual relationship—for whatever reason—the contracting parties are obligated to properly settle the contractual relationship:
– 404MEDIA is entitled to permanently delete your data no later than thirty days after the termination of the contractual relationship. You may 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 late payment on your part.
– Compliance with commercial and tax law retention periods is solely your responsibility.
6. 404MEDIA notes that, upon termination of this contract by you, you have no right to have your customer data restored to the then-current version of the SaaS services. In particular, upon termination of the contract, your settings, configurations, and master data entries will be permanently lost.
V. CONTACT PERSON / CONSENT TO COMMUNICATION VIA E-MAIL
1. The person entering into the contract shall serve as the contact person for 404MEDIA and shall be available to answer questions during the term of the contract. In particular, this person shall provide the information necessary for the performance of this contract and shall be deemed authorized to make legally binding declarations on behalf of 404MEDIA. Any changes to the designated contact person must be reported to 404MEDIA immediately
2. You expressly agree that information regarding requested or existing contracts, the performance of the contract, and, if applicable, billing between you and 404MEDIA will be sent to you via email to the email address you provided when registering for the contract. You will check the email account you provided for incoming messages in accordance with standard business practice.
VI. OTHER OBLIGATIONS
1. You are responsible for all activities that take place within your user accounts. You must keep your user credentials (e.g., user and access permissions assigned to you or your users, as well as identification and authentication measures, login names, and passwords) confidential, protect them from unauthorized access, and ensure their proper use. You are responsible for the use of your access, liable for any misuse that occurs, and bear all costs incurred as a result of unauthorized use. In this context, you must also reimburse 404MEDIA for any expenses incurred as a result of inspecting your facilities and/or due to defects or malfunctions attributable to your area of responsibility.
2. You shall immediately notify 404MEDIA of any unauthorized use of passwords or access to CATAMA products and services, as well as any other data security breaches of which you become aware or suspect
3. You agree not to engage in any activity that would impair or interrupt the availability of the CATAMA products or the servers or networks used to provide the CATAMA SaaS services.
4. You shall refrain from any misuse of the CATAMA SaaS services. In particular, you shall not transmit any content or data in an unlawful manner or that consists of unlawful content. You shall refrain from attempting, either yourself or through third parties, to access information or data without authorization, or to interfere with—or cause others to interfere with—the software and/or hardware systems operated by 404MEDIA, or to allow such interference, or to gain unauthorized access to the data networks of 404MEDIA or CATAMA SaaS.
5. Before sending your data and information, you shall check them for harmful content, particularly 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 404MEDIA requests it and the required measures do not entail an unreasonable burden.
VII. COMPENSATION AND BILLING
1. The fees incurred 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 expressly stated otherwise, payment is due monthly in arrears. One-time fees are due and payable prior to commencement of service, immediately after the CATAMA application has been set up.
2. Invoices are issued electronically. If you wish to receive a paper invoice by mail or if this is necessary (e.g., incorrect contact email address), an additional fee of €2 per invoice will be charged.
3. Unless explicitly stated otherwise, all prices listed are net prices, to which the applicable sales tax will be added. Sales tax is listed separately on invoices.
4. The payment options available to you are specified during the respective ordering process. In any case, you must provide the necessary information when concluding the respective contract.
5. Any fees incurred for chargebacks or PayPal payments for which you are responsible must be borne by you. 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 amount of damage was significantly lower.
6. In the event of revocation of the direct debit authorization, a chargeback at your request, or other changes to the payment process, 404MEDIA may switch the payment method to invoice payment. Due to the increased administrative effort involved, you will be charged an additional fee of €2.50 per invoice as an invoice payer. A switch back from invoice payer to direct debit payer will only be made upon written request and after review.
7. Any credits or refunds due to overpayment, duplicate payments, etc., will be applied to the next invoice due.
8. You must submit any objections to the invoice in writing to 404MEDIA within eight weeks of receiving the invoice. Failure to raise objections in a timely manner shall be deemed approval. Your statutory claims in the event of justified objections remain unaffected. You are only entitled to set off against legally established or undisputed claims or to assert a right of retention.
9. The assignment of claims arising from this contract is permitted only with the prior express written consent of 404MEDIA.
VIII. DEFAULT AND SYSTEM SUSPENSION
If you are in default of payment, 404MEDIA must and will cease to provide the CATAMA SaaS services after issuing a warning and setting a one-week deadline; in particular, 404MEDIA may completely block access. In this case, you remain obligated to pay the monthly fee, and 404MEDIA reserves the right to assert other claims arising from the default.
IX. CHANGES TO THE TERMS AND CONDITIONS
404MEDIA reserves the right to amend or supplement the terms and conditions (e.g., prices, terms of service). You will be notified separately of any changes or additions. The amended or supplemented terms and conditions shall not take effect until you continue to use the products after receiving the notification and after the expiration of the regular notice period agreed upon in this contract, and you have been informed of this consequence. This applies accordingly to services provided free of charge, in which case 404MEDIA will observe a notice period of at least four weeks.
X. DEFECTS, NOTIFICATION OF DEFECTS, AND DISCLAIMER OF WARRANTY<
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1. 404MEDIA warrants that it will provide its services in a manner consistent with general industry standards, to the extent that such standards apply to the products, and that the services 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 shall, within a reasonable period of time and upon receipt of a notice of defect, either remedy the defects or re-perform the services, at your option. If 404MEDIA fails to provide defect-free services within a reasonable period set by you for reasons attributable to 404MEDIA, you may reduce the agreed-upon compensation by a reasonable amount. The right to reduce the compensation is limited in amount to the portion of the compensation attributable to the defective part of the service.
In the event that system availability falls below 99% (see also Section II.6), you may reduce your compensation in proportion to the shortfall.
Claims for damages are governed exclusively by Section XI
3. Your warranty claims are contingent upon your immediately reporting any defects in the contractual services, specifying how and under what circumstances the defect occurs, and actively assisting 404MEDIA in troubleshooting the issue. If, after reviewing the error report, it turns out that the error did not occur within 404MEDIA’s area of responsibility, 404MEDIA may invoice you for the costs of reviewing the error report at the then-current rates. However, this does not apply if, despite exercising due diligence, you were unable to determine that the malfunction did not occur within 404MEDIA’s area of responsibility.
4. 404MEDIA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT
a) THE USE OF THE CATAMA SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
b) YOUR USE OF THE CATAMA APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
c) DATA STORED WITHIN THE CATAMA APPLICATION IS ACCURATE OR RELIABLE;
d) THE INFORMATION OBTAINED THROUGH USE OF THE PRODUCT 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 RECEIVE FROM 404MEDIA DO NOT GIVE RISE TO ANY WARRANTY CLAIMS AGAINST 404MEDIA
6. 404MEDIA DOES NOT WARRANT THAT THE PRODUCTS ARE SUITABLE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE THE CONTRACT TERRITORY. IF YOU USE THE PRODUCTS OUTSIDE THE CONTRACT TERRITORY, YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION, THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. REDIRECTING THE WEB CONTENT IN VIOLATION OF THE LAW IS PROHIBITED.
7. THE EXCLUSIONS SET FORTH IN SECTIONS 4–6 DO NOT AFFECT YOUR STATUTORY RIGHTS, TO WHICH YOU ARE ENTITLED IN ALL CASES AND WHICH CANNOT BE CHANGED OR WAIVED BY CONTRACT.
XI. LIABILITY
1. Unless otherwise provided in this Agreement, 404MEDIA, its legal representatives, or its agents shall be liable, regardless of the legal basis, exclusively and conclusively as follows:
a) 404MEDIA’s strict liability for defects existing at the time the contract was concluded is excluded.
b) 404MEDIA shall be liable for damages caused by willful misconduct or gross negligence, for claims under the Product Liability Act, and for injury to life, limb, or health in accordance with statutory provisions.
c) 404MEDIA shall be liable for damages resulting from simple negligence on the part of 404MEDIA or its vicarious agents only if a material contractual obligation has been breached or in cases of default or impossibility of performance.
d) In the cases specified in Section XI.1. c), 404MEDIA’s liability per incident of damage is limited to a maximum amount equal to your annual compensation at the time of the event 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 harmful data.
You acknowledge that complete protection against harmful data is not possible, as viruses, worms, Trojans, spam, and other security risks are constantly being created or further developed. 404MEDIA points out that even the security products used by 404MEDIA or CATAMA cannot offer 100% protection against harmful content. 404MEDIA therefore assumes no liability or warranty for the security of the CATAMA SaaS service against such threats, provided that 404MEDIA has fulfilled its obligations set forth above.
If a threat cannot be eliminated in any other way that is technically and economically reasonable and likely to succeed, 404MEDIA is entitled to delete data from you that contains harmful content. 404MEDIA will inform you of this
3. 404MEDIA notes that, given the current state of technology, it is virtually impossible—or possible only with disproportionate and uneconomical effort—to develop software that operates error-free in all applications and combinations. Therefore, 404MEDIA assumes no liability for the error-free operation of its products. In particular, 404MEDIA makes no warranty that the products will be compatible with third-party programs, unless this is expressly provided for in the product description.
4. 404MEDIA is not liable for indirect damages, consequential damages, or lost profits.
5. Any further claims by you, or claims other than those specified in this agreement, regardless of their legal basis, are excluded.
6. The CATAMA website and the CATAMA product may contain hyperlinks to other websites, content, or sources. 404MEDIA has no influence over websites or sources provided by third parties. The provider of the page to which a link refers is solely liable for illegal, incorrect, or incomplete content and for damages arising from the use or non-use of the information presented there; the party who merely refers to the respective publication via links is not liable. In the case of direct or indirect references to external websites (“links”), which lie outside the scope of 404MEDIA’s responsibility, liability would arise only if 404MEDIA were aware of the content and it were technically possible and reasonable for 404MEDIA to prevent access to such content in the event of illegal material.
XII. MUTUAL INDEMNIFICATION AND INFRINGEMENT OF PROPERTY RIGHTS
1. In connection with the use of the product or the use of CATAMA, you shall comply with all applicable laws and other legal provisions of the Federal Republic of Germany. In particular, you are prohibited from posting data or content that violates legal provisions or infringes upon the intellectual property rights, copyrights, or other rights of third parties. You are solely responsible for the data and content you provide. 404MEDIA does not verify the content for accuracy, freedom from viruses, or compatibility with antivirus software.
2. You agree to bear sole responsibility for any breach of your obligations under the terms of this Agreement and for the resulting consequences. You shall indemnify 404MEDIA against any claims, including reasonable costs of legal defense, arising from your unlawful or non-contractual use of the Services or that of your users.
3. To the extent that you are found liable in court for an infringement of third-party industrial property rights or copyrights arising from the contractual use of the services provided by 404MEDIA within the CATAMA application, 404MEDIA shall indemnify you against such claims under the following conditions:
– You shall notify 404MEDIA immediately in writing as soon as you become aware of the claims asserted against you, and
– You shall grant 404MEDIA control over all defense measures and settlement negotiations. In particular, you shall not make any judicial or extrajudicial admission regarding the third party’s claims, and
– You shall assist 404MEDIA in defending against or settling the claims in an appropriate manner.
– See Section 5
4. Beyond the indemnification obligation set forth in the preceding paragraph, 404MEDIA shall be liable to you for damages in accordance with Section XI only if 404MEDIA is at fault for the infringement.
5. Your rights under this section shall not apply to the extent that the infringement of intellectual property rights is due to the fact that you:
– have made a modification to the products that was not approved by 404MEDIA in writing under this Agreement or otherwise, or
– you use the contractual services for a purpose other than that specified in this Agreement, or
– you combine the Products with hardware or software that does not meet the requirements specified in the description.
XIII. FORCE MAJEURE
1. Events of force majeure that significantly impede or temporarily render performance impossible entitle each contracting party to postpone the fulfillment of its obligations for the duration of the hindrance plus a reasonable restart period.
2. Labor disputes and similar circumstances shall be deemed equivalent to force majeure, provided they are unforeseeable, serious, and not attributable to either party: Official orders, the failure of communication networks or gateways of other operators, and disruptions affecting other telecommunications or service providers shall also be considered comparable events. The parties shall notify each other of such circumstances without delay.
3. Liability due to force majeure—in particular for strikes, riots, fire, flooding, terrorism, and other natural disasters, as well as circumstances beyond the parties’ control, such as power outages and the interruption or destruction of data transmission lines, and the circumstances described in paragraph 2 above—is excluded.
4. Refunds of fees in the event of service outages caused by a disruption beyond 404MEDIA’s control are excluded.
XIV. DATA SECURITY, DATA PROTECTION, DELETION, AND BACKUPS
1. 404MEDIA uses some of the most advanced technologies currently available for internet security in the implementation of the CATAMA application. When you access our website using the compatible browser specified by 404MEDIA (Chrome or Firefox), Secure Socket Layer (SSL) technology protects your information using server authentication and 256-bit data encryption. This ensures that your data is secure and available only to the users you have registered. Competitors cannot access your data.
2. Your data is backed up daily using a file-based backup system. Throughout the entire lifecycle of customer data (database, file folders, file backup), a customer’s data is clearly separated from that of other customers.
3. Users of both the free CATAMA Basic Suite and 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 do not log in to them for more than 30 days.
XV. DATA PROTECTION
1. The transmission of data to 404MEDIA in connection with or during the course of use is at the customer’s own risk.
2. Both contracting parties shall comply with the applicable data protection regulations, in particular those in force in Germany, and shall require their employees involved in the contract to observe data confidentiality in accordance with Section 5 of the German Federal Data Protection Act (BDSG), unless such employees are already generally bound by such obligations. Any further statutory and professional confidentiality and non-disclosure obligations remain unaffected.
3. If the Customer collects, processes, or uses personal data—either directly or through 404MEDIA—the Customer warrants that it is authorized to do so in accordance with the applicable provisions, in particular data protection laws, and shall indemnify the Provider against any claims by third parties in the event of a violation.
If the data to be processed constitutes personal data (Section 3(1) of the German Federal Data Protection Act (BDSG)), this constitutes commissioned data processing by 404MEDIA. 404MEDIA shall comply with the Customer’s instructions, in particular regarding compliance with obligations to delete and block data. Such instructions must be provided in writing in a timely manner. The customer has the option to enter into a written agreement regarding commissioned data processing.
Both contracting parties shall comply with the provisions applicable to commissioned data processing and to the data center, and shall take the necessary technical and organizational measures to protect personal data in accordance with the Federal Data Protection Act (BDSG), in particular as set forth in the Annex to Section 9 of the BDSG.
4. If you collect, process, or use personal data yourself or through CATAMA Services, you are responsible for ensuring that you are authorized to do so in accordance with the applicable provisions, in particular those relating to data protection, and, in the event of a violation, you shall indemnify 404MEDIA against all claims by third parties, including reasonable costs for legal defense.
5. In your relationship with 404MEDIA, you alone retain control over the data (Section 11 of the Federal Data Protection Act (“BDSG”)). You retain sole authority and ownership of all customer-specific data (data input/output, processed data, stored data).
Not 404MEDIA, but you alone are 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 any deletions, corrections, destruction, damage, loss, or failure to store your data for which you are responsible. 404MEDIA does not exercise any control over the data and content you store. 404MEDIA is only authorized to process and/or use your data in accordance with your instructions and within the scope of the performance of this Agreement.
404MEDIA is prohibited from making your data accessible to third parties in any way without your prior written consent. However, 404MEDIA is authorized to process and use your data during the term of this contract to the extent permitted by data protection law.
6. You are generally not entitled to demand access to 404MEDIA’s premises or data center. Exceptions to this include access rights granted to your data protection officer following written notification to verify compliance with the requirements under Section 9 of the Federal Data Protection Act (BDSG) as well as 404MEDIA’s otherwise lawful and contractually compliant handling of personal data in the course of contract performance.
7. You are hereby informed, in accordance with Section 33(1) of the BDSG and Section 13(1) of the Telemedia Act (TMG) and other equivalent statutory provisions that 404MEDIA processes your subscriber data in machine-readable form and automatically for purposes arising from the contract. To the extent that 404MEDIA engages third parties to provide the offered services, 404MEDIA is entitled to disclose subscriber data if this is necessary to ensure proper operation within the scope of the contractual purpose.
8. For more information on data protection and 404MEDIA’s privacy policy, please visit www.catama-software.de.
XVI. FINAL PROVISIONS
1. The assignment of rights and claims arising from this contract, unless expressly permitted, is permitted only with the prior written consent of 404MEDIA. However, 404MEDIA is entitled to transfer the contract in its entirety to its affiliated companies.
2. These Terms and Conditions constitute the entire agreement between you and 404MEDIA and govern your use of the products. However, this does not apply to services that 404MEDIA provides to you under a separate written agreement. These Terms and Conditions supersede all prior agreements in their entirety.
3. Any failure to exercise or enforce a right or remedy granted under these Terms and Conditions, or to which 404MEDIA is entitled under applicable law, shall not be construed as a formal waiver of 404MEDIA’s rights —rather, 404MEDIA shall continue to be entitled to such rights.
4. Should any individual provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The contracting parties are obligated, to the extent reasonable and in good faith, to replace the invalid provision with a valid 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. Duty to provide information pursuant to the ODR Regulation (Art. 14(1) ODR-VO)
Link to the European Commission’s platform for online dispute resolution: http://ec.europa.eu/consumers/odr
Our email address is: info@catama-software.de
2. Duty to provide information under the Consumer Dispute Resolution Act (Section 36 VSBG) We are not obligated to participate in dispute resolution proceedings before a consumer arbitration board and, as a matter of principle, are not willing to do so.