1. General, Scope of Application
These General Terms and Conditions apply to all legal relationships of FUNNELFORMS FZCO (formerly Inquiry Form), Dubai Digital Park – Dubai Silicon Oasis, Building A2, Unit 101, Dubai, United Arab Emirates (hereinafter: “Provider”), vis-à-vis the users of the website software “Funnelforms” offered as Software-as-a-Service (SaaS) at https://funnelforms.io (hereinafter: “Contract Software”). Any person who concludes a contract with the Provider for the use of the Contract Software shall be deemed to be a user.
The provider’s offer is aimed exclusively at companies and not at consumers.
Deviating regulations of the users do not apply, unless the provider has confirmed this expressly and in writing. Individual agreements always have priority.
The language of the contract is German. The authoritative text is the one that is written in the German language.
The business relations between the provider and the users are subject to the law of the Federal Republic of Germany.
The place of jurisdiction is Dubai, United Arab Emirates, insofar as the user is a merchant, a legal entity under public law or a special fund under public law. The Provider is also entitled to sue the User at the User’s place of business.
The Provider reserves the right to amend these General Terms and Conditions at any time and without stating reasons. The amended terms and conditions will be sent to users by e-mail no later than two weeks before they come into force. If a user does not object to the validity of the new terms and conditions within 4 weeks after receipt of the e-mail, the amended terms and conditions shall be deemed accepted. The Provider shall separately inform the Users of the significance of this period in the e-mail containing the amended terms and conditions.
2. Services of the Provider
The Provider shall provide the contractual services, in particular access to the contractual software “Funnelforms” as a downloadable WordPress plugin incl. corresponding license issued by the Provider.
The scope of services, the nature, the intended use and the conditions of use of the contractual services are set out in the respective service description, supplemented by the operating instructions for the software.
Additional services, such as the development of customized solutions or necessary adjustments, require a separate contract.
3. Scope of Use of the Contract Software
The contractual services may only be used by the customer and only for the purposes agreed in the contract. During the term of the contract, the customer may access the contractual services by means of telecommunications (via the Internet) and use the functionalities associated with the software in accordance with the contract by means of a browser or another suitable application (e.g. “app”). The customer shall not receive any rights beyond this, in particular to the software or the infrastructure services provided in the respective data center, if any. Any further use requires the prior written consent of the Provider.
In particular, the customer may not use the software beyond the agreed scope of use or have it used by third parties or make it accessible to third parties. In particular, the customer is not permitted to reproduce, sell or temporarily transfer, rent or lend software or parts thereof.
The Provider shall be entitled to take appropriate technical measures to protect against non-contractual use (licensing system). The contractual use of the services may not be more than insignificantly impaired as a result.
In the event that a user exceeds the scope of use in violation of the contract or in the event of an unauthorized transfer of use, the customer shall, upon request, immediately provide the provider with all information available to him for asserting claims due to the use in violation of the contract, in particular the name and address of the user.
The provider may revoke the customer’s access authorization and / or terminate the contract if the customer significantly exceeds the use permitted to him or violates regulations to protect against unauthorized use. In connection with this, the provider may interrupt or block access to the contractual services. The Provider shall generally set the Customer a reasonable grace period for remedial action beforehand. The sole revocation of the access authorization shall not be deemed to be a termination of the contract at the same time. The Provider may only maintain the revocation of the access authorization without termination for a reasonable period of time, not exceeding 3 months.
The Provider’s claim to remuneration for use in excess of the agreed use shall remain unaffected.
The Customer shall be entitled to have the access authorization and the access possibility restored after it has proven that it has discontinued the use in breach of contract and has prevented future use in breach of contract.
The prices of the respective service packages can be found on the website or are agreed individually with the user. All prices are subject to the statutory value added tax.
The payment processing for the use of the contract software is carried out via the service provider Digistore24 GmbH. The invoice is also issued via the payment provider. The exact processing of the payment is regulated in the terms and conditions of Digistore24 GmbH. These are available at https://www.digistore24.com/en/home/extern/cms/page/frontend/legal/terms. Unless otherwise agreed, the remuneration is calculated at the prices of the provider generally valid at the time of conclusion of the contract.
Payment is always made monthly, regardless of the contract term.
5. Duration of the Contract of Use and Termination of the Contract
The contractually agreed services shall be provided from the date specified in the contract (order date) initially for the duration of the term agreed in the contract. During this minimum term, premature ordinary termination is excluded on both sides.
The software and license can be purchased in two ways:
Monthly Contract Commitment
The monthly packages of the contract software can each be terminated in writing at the end of the contract period (monthly). If the customer defaults on payments for the monthly contract commitment, the contract ends with the default of payment and the license is blocked.
Annual Contract Commitment
The annual packages can be terminated with 30 days’ notice to the end of the contract, at the earliest to the end of the minimum term. If this is not done, the contract shall be extended by a further year in each case, unless it has been duly terminated with 30 days’ notice to the end of the respective extension period. If the customer defaults on payments in the annual contract commitment, these shall be enforceable.
The right of each contractual partner to extraordinary termination for good cause remains unaffected. The Provider may terminate the contractual relationship for cause if the User is in arrears with an amount of at least two monthly payments.
Any notice of termination must be in writing to be effective. Notices of termination must be sent in writing by e-mail to: email@example.com or submitted to https://funnelforms.io/en/cancellation/.
The customer shall back up its data files on its own responsibility in good time before termination of the contract (e.g. by download). The customer will no longer be able to access these databases after termination of the contract for data protection reasons.
6. Obligations of the User; Free Trial Period, Release from Liability
Upon conclusion of the User Agreement, the User shall receive the non-exclusive, non-transferable and non-sublicensable right to use Funnelforms to the extent granted in the User Agreement, limited in time to the term of the User Agreement.
The user is liable for the actions of the users created by him as for his own actions.
In particular, each user must assure that he is authorized to use the Funnelforms contract software on the website specified by him. The customer must protect the access authorizations as well as identification and authentication information assigned to the users from access by third parties and not disclose them to unauthorized persons.
The provider offers the possibility to test the software for 30 days free of charge and without obligation. During these 30 days, cancellation is possible at any time and no contractual obligation is created. The trial version is limited to one user, one IP address, one device, one address, one telephone number, one e-mail address and one location where computers may be shared. If the offer of the test version is abusively booked several times by the same user, the provider is entitled to charge him for this damage after the first 30 days. Furthermore, the provider reserves the right to block the respective user license in the event of misuse of the test phase as well as in the event of an attempt at deception.
Every user is obliged to inform the provider immediately if there are indications that access to the contractual software has been misused.
7. Offsetting, Rights of Retention
The user only has the right to offset if his counterclaims are recognized by the provider or have been legally established.
The user is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
The provider warrants the function of the contractual software Funnelforms within the scope of the specifications stated in the contract. In the event of only an insignificant reduction in the suitability of the services for use in accordance with the contract, the customer shall have no claims due to defects. The strict liability of the provider due to defects that were already present at the time of the conclusion of the contract is excluded.
The contract software is operated as a self-hosted WordPress plugin, on the customer’s own website. The provider is not liable for the correct settings on the customer’s web server or the availability of the website and the customer’s software running on it.
The user is responsible for immediately reporting any malfunctions that may have their cause in the provider’s area of responsibility and to support the provider in determining the causes and in their elimination to a reasonable extent, as well as to take all reasonable measures to prevent and mitigate damages.
Outside of the warranty, the provider shall be liable without limitation insofar as the cause of damage is based on intent or gross negligence. The provider is also liable for the slightly negligent breach of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the user regularly relies), but only for the foreseeable damage typical for the contract. The Provider shall not be liable for the slightly negligent breach of obligations other than the aforementioned. Liability for the compensation of indirect damages, in particular for lost profits, exists only in the case of intent or gross negligence of legal representatives, executives or other vicarious agents of the provider.
The limitations of liability of the preceding paragraph shall not apply in case of injury to life, body and health, for a defect after assumption of a guarantee and in case of fraudulently concealed defects.
If the liability of the provider is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Incident Management
The Provider shall receive fault reports from the Customer, assign them to the agreed fault categories (see under 10.3) and, on the basis of this assignment, implement the agreed measures for analyzing and clearing faults.
During its normal business hours, the Provider shall accept proper fault reports from the Customer via the support ticket system (create support ticket) and assign an identifier to each one. Upon the Customer’s request, the Provider shall confirm receipt of a fault report to the Customer and inform the Customer of the assigned identification. In order to clear malfunctions, access to the customer’s system may be necessary in individual cases. The Customer shall provide the Provider with temporary administrative access to the website on which the Software is operated for the purpose of cleaning up the malfunction. Customer shall allow Provider a period of up to 72 hours to clean up the disruption.
Unless otherwise agreed, the Provider shall assign received fault reports to one of the following categories after first reviewing them:
a) Serious Disturbance
The disruption is based on a defect in the contractual services that makes the use of the contractual services, in particular the software, impossible or allows it only with severe restrictions. The customer cannot reasonably circumvent this problem and therefore cannot complete tasks that cannot be postponed.
b) Other Disturbance
The disruption is based on a defect in the contractual services that restricts the customer’s use of the contractual services, in particular the software, to a more than insignificant extent without a serious disruption.
c) Other Message
Fault reports that do not fall into categories a) and b) are assigned to other reports. Other messages will be handled by the provider only in accordance with the agreements made for them.
In the event of reports of serious disruptions and other malfunctions, the Provider shall immediately initiate appropriate measures based on the circumstances communicated by the Customer in order to first localize the cause of the disruption.
11. Support System
The provider establishes a point of contact for the customer (Support System). This office handles the customer’s inquiries in connection with the technical requirements for use and conditions of the provided software as well as individual functional aspects.
A prerequisite for the acceptance and processing of requests is that the Customer designates to the Provider personnel with appropriate professional and technical qualifications who are assigned internally at the Customer to process requests from users of the software provided. The Customer is obligated to direct inquiries to the support system only via this personnel named to the Provider and to use forms provided by the Provider for this purpose.
The Support System will process proper requests in the ordinary course of business and respond to the extent possible. The support system may refer to documentation accessible to the customer for the purpose of responding (Help Center) and other training resources for the software provided. Insofar as a response by the support system is not possible or not possible in a timely manner, the provider will – insofar as this is expressly agreed – forward the request for processing, in particular requests for software not produced by him.
Further services of the support system, such as other response times and deadlines as well as on-call services or on-site assignments of the Provider at the Customer’s premises shall be expressly agreed upon in advance.
Insofar as the Provider can access personal data of the Customer or from the Customer’s area, the Provider shall act exclusively as a processor and shall process and use such data only for the purpose of executing the contract. The Provider shall comply with the Customer’s instructions for the handling of such data. The Customer shall bear any adverse consequences of such instructions for the performance of the contract. The Customer shall agree with the Provider the details for the Provider’s handling of the Customer’s data in accordance with the requirements of data protection law.
The customer shall remain the responsible party both generally in the contractual relationship and in terms of data protection law. If the customer processes personal data (including collection and use) in connection with the contract, it warrants that it is entitled to do so in accordance with the applicable provisions, in particular the provisions of data protection law, and shall indemnify the provider against third-party claims in the event of a breach.
The following shall apply to the relationship between the Provider and the Customer: vis-à-vis the data subject, the Customer shall bear responsibility for the processing (including collection and use) of personal data, except to the extent that the Provider is responsible for any claims by the data subject due to a breach of duty attributable to the Provider. The Customer shall responsibly examine, process and respond to any inquiries, applications and claims of the data subject. This shall also apply in the event of a claim against the Provider by the data subject. The Provider shall support the Customer within the scope of its duties.
The licensing and update system runs on rented cloud servers of the service provider Amazon Web Services Inc. with a German server location.
The provider is entitled to use customer ratings or forms for self-promotion purposes during the term of use of the customer’s respective usage agreement. Sensitive personal data will not be transmitted to third parties.
The user can find detailed information on the provider’s data protection rules under https://funnelforms.io/en/privacy-policy/