- Scope of Application
1.1 With “YourShowroom”, Campudus GmbH (“Campudus”) offers a software platform for digital sales content management. The YourShowroom platform allows clients to organize, distribute and track their sales content in a central hub (“Control Center”). With the connected “YourShowroom App”, users can access sales content from anywhere at any time on their iPads.
1.2 By subscribing to or using YourShowroom, you unconditionally agree to be bound by these Terms & Conditions. If you do not agree to them, please do not purchase or use YourShowroom.
1.3 Any differing terms and conditions of the customer do not apply, unless Campudus has previously agreed to them explicitly in writing.
- Contract Conclusion
2.1 A contractual relationship is established when the customer has successfully completed the registration. For this purpose, the customer must create an account by entering the corresponding data (full name, email address, company name). With confirming the account creation afterwards, the customer submits a binding offer to conclude a contract for the free of charge use. Campudus can accept this offer by setting up and releasing the access to the account or by sending a message to the given e-mail address with the access data.
2.2 By concluding a contract for a free trial version Campudus grants the customer the right to use the software for testing purposes for a period of 30 days. After expiration of the test period the customer’s account will be locked. There is no automatic conversion into a chargeable contract for the use of YourShowroom. After the trial period has expired, the customer has the option to enter into a contract with Campudus for a paid use of the software.
2.3 For the paid use of YourShowroom, the client can choose between the subscription plans “Professional” and ”Enterprise”, which differ in the range of functions and the maximum number of users.
2.4 For free use of the software beyond the trial period, it is possible to conclude a “Free” subscription contract for YourShowroom. This allows customers to use the software for up to three users free of charge and for an unlimited period of time.
- Services and Service Changes
3.1 Campudus provides the customer with access to the selected version of the software via the internet for the duration of the concluded contract. The functional scope of the booked software version results from the description on the YourShowroom Website under the heading “Pricing”.
3.2 Campudus grants the customer a simple, non-sublicensable, non-transferable right to use the booked software, which is limited in time to the term of the contract. The customer commits himself to use the software only according to the contract and not to make it available to third parties for use.
3.3 Campudus is authorized to change its services at any time for good cause, for example to adapt to new legislation or jurisdiction, to protect system security or to prevent abuse.
3.4 Campudus may also make appropriate changes to its services within the scope of continuous further development, in particular to adapt to technical progress.
- Terms of Payment
4.1 At the time of the order, the prices stated on the YourShowroom website shall apply. The prices stated there are net prices in euros, plus statutory VAT where applicable.
4.2 If invoicing is on a monthly/annual basis, the invoicing period shall be counted from the day of the conclusion of the contract for the paid use of the software by activating the account and shall end at the end of a month/year.
4.3 If the customer is in default with the payment, Campudus is entitled to charge interest on arrears in the amount of the applicable statutory default interest rate. Campudus reserves the right to prove a higher damage caused by delay. If the customer is in delay with the payment for more than four weeks, Campudus retains the right to terminate the contractual relationship at the end of the current billing month. Entitlements of Campudus from the previous use of YourShowroom remain unaffected by this.
- Customer Cooperation Services
5.1 The contents and data processed in YourShowroom are the sole responsibility of the customer. The customer hereby obligates himself to use YourShowroom only in compliance with the contract and within the scope of the applicable legal provisions and not to breach the rights of third parties when using it.
5.2 The customer will inform Campudus without delay in case of (suspected) misuse of the contracted service and in case of (suspected) danger for the observance of data protection or data security occurring in the course of the provision of the contracted service.
- Contract Term and Termination
6.1 As soon as the customer receives his access data, the contract period begins.
6.2 In the case of paid contracts for the use of the software with monthly/annual billing, a minimum term of one month/year shall apply. After expiry of the minimum term, the contract shall be extended by a renewal period of one month/year, unless the customer terminates the contract (with three months’ notice in the case of annual billing) before the start of the renewal period.
6.3 Campudus has the right to terminate contracts with costs for the use of the software with monthly/annual billing with a notice period of two weeks/three months to the end of the respective billing period.
6.4 The right of both contracting parties to terminate the contract for good cause shall remain unaffected.
6.5 Notice of termination requires text form. The account of the customer shall be locked as soon as the termination becomes effective.
- Limitation of Liability
7.1 Campudus is liable according to the statutory provisions for damages resulting from injury to life, body or health and for other damages based on an intentional or grossly negligent breach of duty as well as fraudulent intent. Furthermore, Campudus is liable according to the legal regulations towards customers for damages which are covered by the liability according to mandatory legal regulations, e. g. in case of assumption of guarantees, in case of fraudulent concealment of a defect, or according to the product liability law.
7.2 In case of minor negligence Campudus is only liable for damages caused by Campudus, which are based on such essential breaches of duty, which endanger the achievement of the purpose of the contract or on the breach of duties, whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the customer may rely (“breach of cardinal duty”). In these cases, the liability of Campudus is limited to the contract-typical, foreseeable damage. The liability for the slightly negligent violation of obligations, which are not cardinal duties, is excluded, as far as Campudus is not liable according to the law.
7.3 During the free testing phase Campudus is only liable for damages caused by intent or gross negligence as well as malice. Excluded from this limitation of liability are claims resulting from injury to life, body or health.
7.4 The described limitations of liability also apply to claims against executives, employees, other vicarious agents or subcontractors of Campudus.
- Data Protection and Confidentiality
8.2 The contracting parties jointly undertake to treat all information received from the other party as confidential and not to disclose it to third parties. In particular, business and trade secrets as well as information deemed confidential which is communicated to and revealed by the other party shall be subject to confidentiality.
8.3 The confidentiality obligation remains in force beyond the contract term for up to 12 months after the actual termination of the contract.
- Final Provisions
9.1 Campudus may modify these Terms & Conditions at any time or add provisions for the usage of new, additional features or services. The client will be notified of these changes or additions by e-mail at least four weeks before they come into force. The client‘s consent to the amendment of the Terms & Conditions will be considered granted if the client does not disagree in text form within a period of two weeks, beginning with the day after the notification of the amendment.
9.2 If the client objects to a change in due form and time, the agreement will be continued under the previous conditions. In this case Campudus reserves the right to terminate the agreement at the next possible point in time.
9.3 Should any provision of this agreement be or become invalid, this shall not affect the validity of the remaining provisions of this agreement. Rather, the provision shall be replaced by a provision that is legally permissible and comes as close as possible to the meaning and purpose of the invalid provision.
9.4 Amendments and supplements to this agreement must be made in text form. The text form requirement may only be waived in writing.
9.5 This agreement is subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.6 The place of jurisdiction for all disputes arising from this agreement or in connection with this agreement is Landshut.