Terms of Service

§ 1 General

a) Scope

These General Terms and Conditions apply to all business relations between Pro Booking Betriebs UG, Welserstraße 10-12, 10777 Berlin, represented by its managing directors: Mr. David Dreisbach and Mr. Marek Wiesner (hereinafter referred to as Pro Booking) and its users in the version valid at the time of the conclusion of the contract. Conflicting general terms and conditions of the user are hereby expressly contradicted.

b) Contract agreement

The contractual language is German. If German and English text versions exist side by side, the wording of the German version is valid in case of doubt. Pro Booking only concludes contracts with entrepreneurs in the sense of § 14 BGB.

c) Subsequent amendment of the General Terms and Conditions

Pro Booking is entitled to the subsequent adjustment and supplementation of the General Terms and Conditions in relation to existing business relationships, as far as changes in legislation or jurisdiction require it or other circumstances lead to the fact that the contractual equivalence relationship is not only insignificantly disturbed. A subsequent change of the general terms and conditions becomes effective if the user does not object within six weeks after notification of the change. Pro Booking will explicitly inform the user at the beginning of the period about the effect of his silence as acceptance of the contract amendment and will give him the opportunity to make an explicit statement during the period. If the user objects in time, both Pro Booking and the user can terminate the contractual relationship extraordinarily.

§ 2 Contractual relationship

a) 1 month test

Registration takes place in a total of three steps. In the first step, the user enters his data, consisting of the name, an e-mail address and the desired password. By clicking on the button “Create free account” the registration is completed. Subsequently, the user receives an e-mail with a confirmation link, through which the registration is confirmed. This e-mail represents a confirmation of the registration on the part of Pro Booking. With the confirmation of the registration by calling the confirmation link, the user bindingly declares his contract offer. The confirmation of receipt does not yet represent a binding acceptance of the registration. Pro Booking is entitled to bindingly accept the contractual offer contained in the order within two days after receipt of the registration by e-mail, fax, telephone or mail. With the acceptance, a contract between Pro Booking and the user is concluded.

By creating an organization on Pro Booking, the user gets the possibility to use all functions of Pro Booking on a trial basis for 14 days. The user has the possibility already during this 14-day trial period to create an organization by booking licenses for all members of the organization. This enables the further use of the organization.

b) Further use subject to costs

If the user logs in to his user account after 14 days from the conclusion of the contract, he must enter valid payment information to access the data rooms of his user account and confirm all of his information (e.g. name, address, payment method, number of booked accounts) and correct any input errors before he confirms the continued use of the services of Pro Booking by clicking on the button “continue to use with costs”.

If the user does not log in after 14 days from the conclusion of the contract, he will not incur any costs. Pro Booking will then delete the user account after 3 months.

c) Runtime

Depending on the contract selected, the term and billing unit of the contract is one month or one year. If the contract has not been terminated before the end of the contract term, it shall be extended by the respective agreed previous term. The right to terminate for cause remains unaffected.

d) Storage of the contract text

The contract text is stored by Pro Booking and sent to the user in text form (e.g. e-mail, fax or postal mail) after sending his registration together with these GTC and user information. However, the text of the contract can no longer be retrieved by the user via the internet/app page after sending his order. The user can print out the relevant website with the contract text via the browser’s print function.

e) Download via App Store or Play Store

The Pro Booking app is available via the Apple App Store as well as the Google Play Store. The download is handled via the corresponding App Store. A user account is required for the download. The customer can set this up in the App Store or Play Store. The use of the stores is subject to their terms of use. After the customer has downloaded and installed the app, he can either register for the first time or log in with his existing customer/user data. The conclusion of the contract and the storage of the contract text takes place as described in § 2 a) – d) of these General Terms and Conditions.

§ 3 Service provision

a) General

Pro Booking is a provider in the field of Business Cloud Solutions in Germany. For the successful and optimized implementation of work processes, Pro Booking offers a general cloud solution or one individually designed to meet the needs of users. This includes, in particular, the storage of personal content and data with the aim and possibility of accessing this stored data by means of specific devices and computers connected to the Internet.

b) Start of service provision

The booked services are made available to the user immediately after entering the payment information and sending the payment.

c) Performance delays

Pro Booking is not responsible for service delays due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented even by the utmost diligence of Pro Booking (this includes in particular strikes, official or judicial orders and cases of incorrect or improper self-delivery despite covering transactions). They entitle Pro Booking to postpone the service provision for the duration of the impeding event.

d) Resignation

In case of unavailability for reasons mentioned above, Pro Booking can withdraw from the contract. In this case, Pro Booking commits itself to inform the user immediately about the unavailability and to refund possible already rendered counter-performances immediately.

e) Technical requirements and authorizations

The use of the services offered by Pro Booking requires appropriate compatible devices and software as well as sufficient internet access. Granular permissions and access rights can be granted for each user, for each workspace and for each module.

f) Account restriction

Pro Booking reserves the right to limit the number of accounts linked to a device and the devices linked to an.

g) Data access

The data protection agreement applies. Pro Booking collects, stores and processes data to the extent necessary for the agreed service provision. The data storage takes place in Germany.

§ 4 Payment

a) Payment methods

Pro Booking offers payment via PayPal as a payment method.

b) Prices

All prices are exclusive of sales tax. The user fee to be paid for the services offered by Pro Booking results from the contractual agreement and depends on the selected account type and the scope of services.

c) Delayed payment

The user is in default of payment if the payment is not received by Pro Booking within two weeks after receipt of the invoice. In case of default of payment, interest in the amount of 9 percentage points above the base interest rate of the European Central Bank can be charged. If the user is in default with his payments, Pro Booking reserves the right to charge reminder fees in the amount of 2,50 Euro. The assertion of a claim for damages exceeding this amount remains unaffected. The user has the possibility to prove that Pro Booking has not suffered any damage or that the damage is lower.

d) Account blocking in case of delayed payment

In the event of late payment, the user’s account may be blocked immediately. The data will be made available again after receipt of the outstanding payment(s).

e) Right of retention

The User shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as the User’s obligation.

§ 5 Responsibility of the user

a) General

The user himself is solely responsible for the content and correctness of the data transmitted to Pro Booking.

b) Third party rights

The User also undertakes not to store, release or otherwise make available to other Users or third parties any data on the Pro Booking platform whose content infringes the rights of third parties or violates existing laws.

c) Log-in password

The user is solely responsible for the administration of his log-in password. He takes the appropriate measures to prevent knowledge by third parties and loss. The data on Pro Booking is encrypted and decrypted by the log-in password. If the user loses his log-in password, Pro Booking can neither decrypt nor restore the data. Since Pro Booking cannot regenerate the log-in password either, the client-side encrypted data will be irretrievably lost if the password is lost, unless another person is included in a room. If another user has the necessary rights to access a room, this other user can unlock the room again. This enables the data to be decrypted.

d) Confidentiality

The rights of the user under this contract are not transferable. The password, which enables the user to access the personal area and thus also the data collection and storage, is to be treated as strictly confidential and may not be disclosed to third parties under any circumstances. The user shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of his password.

§ 6 Copyrights

a) General

It is incumbent upon the user of the services offered by Pro Booking to observe the applicable copyright or other rights of third parties when using the account and, if necessary, to obtain the express consent of the rights holder before using or making available for use.

This includes, in addition to uses as covered by § 9 b of these General Terms and Conditions, in particular the reverse engineering or access to the service to create comparable products and services, as well as to copy or reproduce the representations, processes, functions or graphics.

b) Link creation

The creation of links to content and data uploaded by the user on Pro Booking or to other content is permissible, provided that there are no third-party rights in conflict/a consent of the rights holder is required. In particular, the creation of links is permitted if they are workspace invitations.

§ 7 Availability / Data backup obligation

a) No guarantee for availability at all times

Pro Booking does not guarantee the availability of the offered services at any time. Furthermore, Pro Booking does not guarantee that the offered services or parts thereof will be made available and can be used from any location.

b) System requirements

Web
The following browsers are tested and supported: Chrome (version 20), Firefox (version 17), Internet Explorer (version 10), Opera (version 15) or Safari (version 10.1). No plugins are required.

Desktop Apps
The Windows version of the desktop apps requires at least Windows 7 as the operating system. Use of the Mac desktop app requires at least OS X 10.9.0.

Mobile Apps
The mobile apps require at least iOS 10 or Android 4.1 as operating system.

c) Data backup obligation

Pro Booking performs effective data backups within the scope of service provision, but does not assume any general data backup guarantee for the data fed into the system by the user. The user is also responsible for creating appropriate backups of his data at regular intervals to prevent data loss. Pro Booking will exercise reasonable care in providing the agreed service and will provide the data backup with the necessary expertise. However, Pro Booking does not guarantee that the stored content or data accessed by the user will not be accidentally damaged or falsified, lost or partially removed.

§ 8 Use

a) General

The user agrees to use the services offered by Pro Booking only to the extent permitted by law and these GTC. An improper use leads to the exclusion of the right of use granted by the registration. Pro Booking will deactivate the user account of the respective user after becoming aware of an abusive use. Any fees already paid will not be refunded in this case.

b) Misuse

Misuse shall be deemed to occur in particular in the event of copyright infringements. In addition, improper use shall be deemed to be the provision, dissemination or otherwise making usable of illegally acquired data as well as the dissemination or provision of data for illegal purposes. In particular, the use of the Pro Booking Service

to send spam,
to send and store infringing, obscene, threatening, insulting or in any other way violating the rights of third parties,
send or store viruses, worms, Trojan horses or harmful computer codes, files, scripts, agents or programs,
uploading programs that are likely to disrupt, impair or prevent the operation of Pro Booking,
attempting to gain unauthorized access to the Pro Booking Service or to individual modules, systems or applications, or granting such access to third parties
abusive.

c) Exemption

The user agrees to indemnify Pro Booking from all claims of third parties including reasonable or legally determined costs for legal prosecution, which are based on a non-contractual, abusive and/or illegal use of the website/app services and its contents of the user. The user supports Pro Booking in the defense of these claims, in particular by providing all information necessary for the defense. The user is obligated to compensate Pro Booking for the damage caused by the successful enforcement of such claims by third parties.

§ 9 Liability

a) Disclaimer

Pro Booking as well as its legal representatives and vicarious agents are only liable for intent. Only if essential contractual obligations (consequently such obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, liability is also assumed for gross or slight negligence. In this case, liability is limited to the foreseeable, contract-typical damage.

b) Liability reservation

The above exclusion of liability does not apply to liability for damages arising from injury to life, limb or health. The provisions of the Product Liability Act shall also remain unaffected by the exclusion of liability.

§ 10 Final provisions

a) Jurisdiction

The exclusive place of jurisdiction for all legal disputes arising from this contract is agreed to be the place of business of Pro Booking in Berlin, provided that the user is a merchant, a legal entity under public law or a special fund under public law or provided that the user has no place of jurisdiction in the Federal Republic of Germany.

b) Choice of law

Unless mandatory statutory provisions under the user’s home country law conflict therewith, German law shall be deemed agreed.

c) Severability clause

The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.