General Terms and Conditions of bao solutions
I.
A contract for the use of the software solution for the improvement of sales pitches ("Software") between bao solutions GmbH ("bao") and the user is concluded when the customer places an order.
II.
bao endeavors to make the software available to the user without interruption; however, from a technical point of view, continuous uninterrupted availability of the software cannot be guaranteed. In particular, maintenance, security or capacity issues as well as events beyond bao's control (such as disruptions of public communication networks, power failures, etc.) may lead to disruptions or temporary suspension of the software.
III.
bao's liability shall be governed by the following provisions: bao shall be liable without limitation for damages caused intentionally or by gross negligence by bao, bao's legal representatives or executives as well as for damages caused intentionally by other vicarious agents of bao; for gross negligence of other vicarious agents of bao, liability shall be governed by the provisions for slight negligence set forth below. bao shall be liable without limitation for damages caused intentionally or negligently by bao, its legal representatives or vicarious agents resulting from injury to life, body or health. bao shall be liable for product liability damages in accordance with the provisions of the German Product Liability Act. bao shall be liable for damages resulting from the breach of cardinal obligations by bao, its legal representatives or vicarious agents; cardinal obligations are the essential obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the user may rely. If bao has breached these cardinal obligations through slight negligence, bao's liability shall be limited to the amount that was foreseeable for bao at the time of the respective performance. bao shall only be liable for the loss of data up to the amount that would have been incurred if the data had been properly and regularly backed up in order to restore it. Any further liability on the part of bao shall be excluded on the merits.
IV.
To create a user profile, bao processes, among other things, the name, company and e-mail address of the user.
V.
bao deletes the data arising in this context after storage is no longer required; if statutory retention obligations exist, bao restricts processing accordingly.
VI.
bao processes the user data exclusively for the purpose of determining the results, i.e. to fulfill the contract for the use of the software (Art. 6 I b GDPR). The user data is processed by bao exclusively on servers within the European Union.
VII.
bao undertakes to protect the privacy of the user and assures to process the user data in accordance with the European data protection laws. bao will oblige its employees accordingly.
VIII.
With regard to any personal data processed by bao within the meaning of the General Data Protection Regulation (GDPR), the user has the right of access (Art. 15 GDPR), rectification (Art. 16 GDPR), erasure (Art. 17 GDPR), restriction of processing (Art. 18 GDPR), objection (Art. 21 GDPR) to the processing and data portability (Art. 20 GDPR); these rights are to be exercised by sending a message by post or by electronic mail to the bao address stated under Section I. Furthermore, the user has the right to complain to a data protection supervisory authority about the processing of his/her personal data by bao.
IX.
If the user agrees to the terms of this declaration, he/she agrees to the regulated processing of user data. The user has the right to revoke his consent to the processing of any personal data at any time; the revocation does not affect the lawfulness of the processing of data on the basis of the consent until the revocation of the consent.
X.
The user may not share his/her account with other persons. The user's password must be kept confidential and, if possible, not used on other websites. If the user believes that their account has been compromised at any time, the system administrator must be notified.
XI.
bao expressly points out that the use of the recording function "bao WAVE" provided by bao serves only to record the user. The customer is responsible for ensuring the legality of this data processing and for obtaining authorizations in accordance with applicable local, state, federal, national and international laws, regulations and treaties. The Customer warrants that it has acquired all rights to the content to authorize bao to enter, process, distribute and display the content as provided for in the Agreement. bao assumes no liability for the correct use of the recording function and for obtaining authorizations.
XII.
bao reserves the right to investigate suspected misuse or material breaches of contract, to take appropriate precautions and, in the event of reasonable suspicion, to block the user's access to the content and/or to terminate the contractual relationship without notice in the event of particularly serious breaches. The user shall notify bao immediately of any indications of misuse of the software.
XIII.
bao retains all intellectual property rights to the Software, in particular with regard to the methodology of the Software.
XIV.
bao uses programs from Salesforce.com, Inc, The Landmark at One Market, Suite 300, San Francisco, CA 94105, United States of America, represented in Germany by Salesforce.com Germany GmbH, Erika-Mann-Str. 63, 80636 Munich, Germany (together "Salesforce"), including "Salesforce Sales Cloud" and "Salesforce Pardot", to support its customers. The use of Salesforce programs is governed by the Salesforce Privacy Policy(https://www.salesforce.com/de/company/privacy/full_privacy.jsp). The data collected via Salesforce programs may also be processed outside the European Economic Area (EEA) and in countries for which there is no adequacy decision by the European Commission and which may not offer the same level of data protection as the countries of the EEA. In such a case, Salesforce will ensure that the recipient of the data offers an adequate level of data protection, for example by concluding standard data protection clauses issued by the European Commission for the transfer of personal data (Art. 46 GDPR).
XV.
The law of the Federal Republic of Germany shall apply exclusively, expressly excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes in connection with the software and these General Terms and Conditions shall be the ordinary courts in Munich, Bavaria, Germany. These General Terms and Conditions in German are exclusively authoritative for the contract of use. Translations of these General Terms and Conditions are for illustrative purposes only.
XVI.
These General Terms and Conditions shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the user shall only become part of the contract if and to the extent that bao has expressly agreed to their validity.
XVII.
Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract. The parties undertake to replace the invalid or void provision with a valid provision that comes closest to the intended economic purpose. The same applies in the event of a loophole in the contract. Amendments and additions to this contract must be made in writing. This also applies to the amendment or repeal of this clause.
XVIII.
bao shall be entitled to amend these General Terms and Conditions unilaterally to the extent that this is necessary to eliminate any subsequent equivalence disturbances or to adapt them to changed legal or technical framework conditions. We shall inform the customer of any amendment by sending a notification of the content of the amended provisions to the customer's last known e-mail address. The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receipt of the notification of amendment.
I.
A contract for the use of the software solution for the improvement of sales pitches ("Software") between bao solutions GmbH ("bao") and the user is concluded when the customer places an order.
II.
bao endeavors to make the software available to the user without interruption; however, from a technical point of view, continuous uninterrupted availability of the software cannot be guaranteed. In particular, maintenance, security or capacity issues as well as events beyond bao's control (such as disruptions of public communication networks, power failures, etc.) may lead to disruptions or temporary suspension of the software.
III.
bao's liability shall be governed by the following provisions: bao shall be liable without limitation for damages caused intentionally or by gross negligence by bao, bao's legal representatives or executives as well as for damages caused intentionally by other vicarious agents of bao; for gross negligence of other vicarious agents of bao, liability shall be governed by the provisions for slight negligence set forth below. bao shall be liable without limitation for damages caused intentionally or negligently by bao, its legal representatives or vicarious agents resulting from injury to life, body or health. bao shall be liable for product liability damages in accordance with the provisions of the German Product Liability Act. bao shall be liable for damages resulting from the breach of cardinal obligations by bao, its legal representatives or vicarious agents; cardinal obligations are the essential obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the user may rely. If bao has breached these cardinal obligations through slight negligence, bao's liability shall be limited to the amount that was foreseeable for bao at the time of the respective performance. bao shall only be liable for the loss of data up to the amount that would have been incurred if the data had been properly and regularly backed up in order to restore it. Any further liability on the part of bao shall be excluded on the merits.
IV.
To create a user profile, bao processes, among other things, the name, company and e-mail address of the user.
V.
bao deletes the data arising in this context after storage is no longer required; if statutory retention obligations exist, bao restricts processing accordingly.
VI.
bao processes the user data exclusively for the purpose of determining the results, i.e. to fulfill the contract for the use of the software (Art. 6 I b GDPR). The user data is processed by bao exclusively on servers within the European Union.
VII.
bao undertakes to protect the privacy of the user and assures to process the user data in accordance with the European data protection laws. bao will oblige its employees accordingly.
VIII.
With regard to any personal data processed by bao within the meaning of the General Data Protection Regulation (GDPR), the user has the right of access (Art. 15 GDPR), rectification (Art. 16 GDPR), erasure (Art. 17 GDPR), restriction of processing (Art. 18 GDPR), objection (Art. 21 GDPR) to the processing and data portability (Art. 20 GDPR); these rights are to be exercised by sending a message by post or by electronic mail to the bao address stated under Section I. Furthermore, the user has the right to complain to a data protection supervisory authority about the processing of his/her personal data by bao.
IX.
If the user agrees to the terms of this declaration, he/she agrees to the regulated processing of user data. The user has the right to revoke his consent to the processing of any personal data at any time; the revocation does not affect the lawfulness of the processing of data on the basis of the consent until the revocation of the consent.
X.
The user may not share his/her account with other persons. The user's password must be kept confidential and, if possible, not used on other websites. If the user believes that their account has been compromised at any time, the system administrator must be notified.
XI.
bao expressly points out that the use of the recording function "bao WAVE" provided by bao serves only to record the user. The customer is responsible for ensuring the legality of this data processing and for obtaining authorizations in accordance with applicable local, state, federal, national and international laws, regulations and treaties. The Customer warrants that it has acquired all rights to the content to authorize bao to enter, process, distribute and display the content as provided for in the Agreement. bao assumes no liability for the correct use of the recording function and for obtaining authorizations.
XII.
bao reserves the right to investigate suspected misuse or material breaches of contract, to take appropriate precautions and, in the event of reasonable suspicion, to block the user's access to the content and/or to terminate the contractual relationship without notice in the event of particularly serious breaches. The user shall notify bao immediately of any indications of misuse of the software.
XIII.
bao retains all intellectual property rights to the Software, in particular with regard to the methodology of the Software.
XIV.
bao uses programs from Salesforce.com, Inc, The Landmark at One Market, Suite 300, San Francisco, CA 94105, United States of America, represented in Germany by Salesforce.com Germany GmbH, Erika-Mann-Str. 63, 80636 Munich, Germany (together "Salesforce"), including "Salesforce Sales Cloud" and "Salesforce Pardot", to support its customers. The data protection provisions of Salesforce apply to the use of Salesforce programs. The data collected via Salesforce programs may also be processed outside the European Economic Area (EEA) and in countries for which no adequacy decision has been issued by the European Commission and which may not offer the same level of data protection as the countries of the EEA. In such a case, Salesforce will ensure that the recipient of the data offers an adequate level of data protection, for example by concluding standard data protection clauses issued by the European Commission for the transfer of personal data (Art. 46 GDPR).
XV.
The law of the Federal Republic of Germany shall apply exclusively, expressly excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes in connection with the software and these General Terms and Conditions shall be the ordinary courts in Munich, Bavaria, Germany. These General Terms and Conditions in German are exclusively authoritative for the contract of use. Translations of these General Terms and Conditions are for illustrative purposes only.
XVI.
These General Terms and Conditions shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the user shall only become part of the contract if and to the extent that bao has expressly agreed to their validity.
XVII.
Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract. The parties undertake to replace the invalid or void provision with a valid provision that comes closest to the intended economic purpose. The same applies in the event of a loophole in the contract. Amendments and additions to this contract must be made in writing. This also applies to the amendment or repeal of this clause.
XVIII.
bao shall be entitled to amend these General Terms and Conditions unilaterally to the extent that this is necessary to eliminate any subsequent equivalence disturbances or to adapt them to changed legal or technical framework conditions. We shall inform the customer of any amendment by sending a notification of the content of the amended provisions to the customer's last known e-mail address. The amendment shall become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receipt of the notification of amendment.
