1.1. General. absence.io GmbH ("absence.io") offers a web-based personnel management software ("Software") to customers for use over the internet on the website www.absence.io.
1.2. Scope. The following Terms and Conditions shall apply for all contracts concluded between absence.io and customers that have registered to use the Software ("Customer").
1.3. No validity of third-party terms and conditions.Any deviating terms and conditions of the Customer shall not apply unless absence.io has given its prior express written consent to said terms and conditions.
1.4. Contract. The registration email which the Customer receives after registering and the Terms and Conditions with the description of service shall form the content of the Contract.
2.1. Conclusion of the Contract. A contractual relationship shall come about when the Customer has successfully completed the registration process. The Customer must create a customer account ("Account") to use the Software. To set up the Account, the required data (first name, last name, email address, company name, number of employees and account URL) must be specified and a password set up. By clicking the "Signup" button, the Customer submits a binding offer to conclude a free licensing agreement for the Software. absence.io can accept this offer by setting up and granting the Customer access to the Account or by sending a message to the specified email address with the access data for the account set up.
2.2. No contract with consumers. absence.io does not provide its services to consumers but instead expressly for the commercial or independent professional activities of the Customer.
2.3. No right of revocation. As the Customer is not a consumer, he or she shall not have any legal right of revocation.
2.4. Duties in e-commerce. Section 312i (1) nos. 1, 2 and 3, as well as Section 312i (1) sentence 2 BGB [German Civil Code], which stipulate certain duties of absence.io in e-commerce, are herewith waived.
3.1. Trial period. The contractual relationship may start with a free trial period. The free trial period should allow new customers to initially try out the services of absence.io. Unless otherwise specified during registration, the trial period shall be 30 days.
3.2. Registration. When registering for a free trial period via the website www.absence.io, the Customer shall have the option of checking and correcting all information provided upon successful registration. The registration shall only become binding once the Customer presses the "Signup" button. Until then, the process can be cancelled at any time by closing the browser window. absence.io shall send the Customer a registration confirmation to the email address specified by the Customer.
3.3. Limitation. absence.io shall assess your entitlement to a free trial period and limit it at its own discretion to prevent misuse if necessary. If absence.io determines that you are not entitled to a free trial period, we reserve the right to revoke it and to shut down your access. Every Customer shall only be entitled to register once for a free trial period. Customers who have an existing contractual relationship shall not be eligible to take part. absence.io shall be authorized to have access to data such as the device ID, the payment method or the email address which has already been used for an existing or a recently existing contractual relationship to check your authorization status.
3.4. End of the trial period. If you wish to make further use of absence.io's services after the expiry of the trial period, you do not need to do anything else. You will then receive absence.io's services for a monthly fee and can terminate the contractual relationship at the expiry of each extension period of one month. The monthly fee and the end date of the free trial period can be viewed in the account settings. A single click in the settings or an email to firstname.lastname@example.org before the expiry of the trial period shall be sufficient to terminate the trial period. absence.io is free of charge for organizations with up to 10 users.
3.5. If you wish to use your customer account after the free trial period expires, you must enter valid payment information. By doing so, the Customer shall conclude a contract with absence.io against payment of a fee. If the Software is used by more than 10 users, the corresponding usage fee shall be debited at the beginning of each monthly term. The trial period can be terminated early by deleting the Account before expiry of the trial period.
4.1. Service. absence.io shall provide the Customer with access to the Software over the internet for the duration of the Contract. Details on the scope of service are contained in the product descriptions (available in this Feature list).
4.2. Right of use. absence.io shall grant the Customer a simple, non-sublicensable and non-transferable right of use which is subject to the following provisions and limited in time to the term of the Contract. Surrendering use of or making the services available to third parties, as well as their use by third parties, including affiliated companies in the sense of Section 15 et seq. of the German Stock Corporation Act (AktG), is prohibited.
4.3. Availability. absence.io guarantees an average annual service availability of at least 95%.
(a) Transfer point. absence.io shall deliver its services at the connection point of the data center used by absence.io to the internet. The Customer shall be responsible for the internet connection between the data center and him/herself.
(b) Achieved availability. When determining the actual availability, failures due to force majeure (e.g. strikes, riots, natural disasters, epidemics) shall be disregarded. System stoppages by absence.io which absence.io may deem necessary for safety purposes, provided that absence.io had taken adequate precautionary security measures (e.g. denial of service attacks, severe vulnerability in a third-party software used without available patch), or those which absence.io undertakes because the Customer is in arrears with its contractual obligations (e.g. payment of the agreed usage fee) shall also be disregarded.
4.4. Support. absence.io shall provide free support to assist its customers with technical issues related to the use of its services. absence.io's support services shall be provided on weekdays from Monday to Friday from 9 am to 5 pm (CET). Excluded are German statutory holidays, additional statutory holidays in the federal state of Bavaria as well as the 24th and 31st of December of each year. The time until the first response to email enquiries may vary depending on capacity. absence.io shall make every effort to react within a reasonable period of time. Enquiries received outside of regular support hours shall be deemed to have been received during the next business day. The support shall not include: general advice or training on marketing, legal advice, or setup work. Technical support for Customer websites shall only be provided to the extent an absence.io widget is directly affected.
4.5. Services provided by third parties. absence.io may employ third parties for providing its services at its sole discretion.
5.1. Good cause. absence.io shall be entitled to modify its services for good cause at any time. One such cause shall exist in particular if the change is necessary because of (i) a need to adapt to a new legislation or jurisprudence, (ii) to protect the system security, or (iii) to prevent abuse.
5.2. Further development. In addition, absence.io can make reasonable changes to its services within the scope of ongoing further development (e.g. deactivation of old functions which will largely be replaced with new ones), particularly to adapt to technical progress.
6.1. Usage fee. The Customer shall be liable to absence.io for the agreed remuneration for the provision of the services during the contractual period. absence.io shall be free for customers with up to 10 registered employees. Customers with more than 10 employees shall pay a monthly fee of EUR 1.50 per registered employee. The calculation basis shall be the number of users. Please refer to the following page http://www.absence.io/de/price for information on the current prices. All prices are exclusive of the statutory Value Added Tax (currently 19%).
6.2. Price changes. absence.io reserves the right to amend prices for any new extension period and to make this known with the new invoice. If the Customer objects to the price increase within two weeks of the date of notification, the contractual relationship shall be continued under the previous conditions. In this case, absence.io reserves the right to terminate the contractual relationship as soon as possible.
6.3. Payment date. The monthly fee for the use of absence.io shall be due at the beginning of each invoicing period. The invoicing period shall be defined in accordance with the beginning of the term, i.e. in accordance with the registration date and the end of the free trial period.
6.4. Invoices. absence.io shall invoice its fees at the start of the Contract and thereafter on the same day of the next calendar month (e.g. if the Contract is concluded on February 12, the subsequent invoices shall be issued on March 12, April 12, etc.). Invoicing shall be performed by sending an invoice as a PDF to the email address stated during registration.
6.5. Payment and payment methods. The usage fee shall be paid by credit card or direct debit. The Parties may agree to another payment cycle at any time, e.g. quarterly or yearly in advance, to simplify the accounting process. The Customer undertakes to either deposit credit card information for payment or to grant a corresponding direct debit mandate in the case of payment using SEPA direct debiting. Payment shall be collected after invoicing. Credit card payments shall be carried out by the independent and PCI-compliant service provider Stripe (www.stripe.com). If payment is effected by credit card, absence.io reserves the right to check the validity of the card, the credit limit and the address information. absence.io reserves the right to reject the specified credit card.
6.6. Default. If the Customer defaults on payment of the fee, absence.io shall be entitled to demand default interest in the amount of the respective applicable statutory default interest rate. absence.io reserves the right to furnish proof that it has sustained higher damages as a result of the default. If the Customer is more than four weeks in arrears with payment of the monthly fee, absence.io reserves the right to terminate the contractual relationship to the end of the current invoicing month. Claims of absence.io arising from the use of absence.io to date shall remain unaffected.
7.1. Misuse. The Customer may not misuse absence.io, in particular by publishing or disseminating illegal, defamatory or clearly pornographic or otherwise offensive content, or by using technical tools or methods which adversely affect or could adversely affect the operability of absence.io. In the event of misuse of absence.io which adversely affects the services of absence.io for third parties, absence.io reserves the right to terminate the contractual relationship for good cause. absence.io shall be entitled to immediately delete content created by the Customer which is illegal and/or improper. The Customer also undertakes to protect the access data for its Account from unauthorized disclosure to third parties.
7.2. Cooperation of the Customer. The Customer must enter all requested information truthfully and make any necessary changes in good time using the web portal of absence.io.
7.3. System requirements. Unless otherwise permitted by absence.io, the Customer must use an updated desktop browser version of Internet Explorer, Apple Safari, Google Chrome or Firefox. Further system requirements may result from the user documentation.
8.1. Employee data. The personal data of the users required for implementing and executing absence.io shall be collected, processed and used in accordance with the statutory provisions.
8.2. Data use by the Customer. If the Customer gathers, processes or uses personal data with the Software, it shall be responsible for ensuring that it is entitled to do so in accordance with the applicable data protection provisions in particular, and it shall release absence.io from the claims of third parties in the event of an infringement.
8.3. Deletion of data. Upon termination of the contractual relationship, the personal data shall be deleted provided that no statutory retention obligations exist. In such cases, the data shall be blocked.
8.4. Confidentiality. The contractual partners jointly undertake to treat all information received from the respective other party confidentially and not to make it available to any third parties. In particular, the business and operating secrets as well as information deemed to be confidential that is communicated to and disclosed by the other party shall be subject to confidentiality.
9.1. Liability. absence.io shall be liable without limitation for damages resulting from injury to life, limb or health caused by an intentional or negligent violation of duty, or for other damages caused by an intentional or grossly negligent violation of duty or malice. absence.io shall also be liable without limitation for damages which are covered by the limitation in accordance with mandatory legal provisions, such as the product liability law, as well as in the case of the assumption of guarantees.
9.2. Other liability. Damages which are not covered by Section 9.1 and were culpably caused by the behaviour of the legal representative, executive employees or other vicarious agents, absence.io's liability shall be limited to typical foreseeable contractual damages.
10.1. Minimum contract period. In the case of contracts against payment with monthly invoicing, a minimum contractual period of one month shall apply. After expiry of the minimum contractual period, the licensing agreement shall be extended by a period of one month if the Customer does not terminate the contractual relationship before the beginning of such an extension period.
10.2. The Customer can terminate the Contract for the use of absence.io to the end of the contractual period. Termination must be effected in due time in writing or online at least four weeks before the end of the contract term. The account shall be deleted by absence.io after a period of 7 days following the end of the last invoicing month.
11.1. absence.io shall have the right to change these Terms and Conditions or to supplement them with regulations for the use of newly introduced additional services or functions. Changes or supplements to the Terms and Conditions shall be communicated to the Customer by email to the email address specified by the Customer no later than four weeks before said changes or supplements are due to come into force. The Customer shall be deemed to have given their agreement to the change(s) made to the Terms and Conditions if it does not contradict the change(s) in text form (e.g. by letter, fax, email) within a period of two weeks, beginning with the day following the notification of the change(s).
11.2. If the Customer objects to the change(s) made to the Terms and Conditions in due time and form, the contractual relationship shall be continued under the previous conditions. In this case, absence.io reserves the right to terminate the contractual relationship as soon as possible.
11.3. Declarations. Unless otherwise provided for, notifications and declarations can only be made in writing pursuant to Section 126b BGB (e.g. by email). absence.io can use the email address provided by the Customer for this purpose. The Customer agrees to inform of any changes without undue delay.
11.4. Text form. Ancillary agreements, supplements or changes to the contract must be in writing. The same shall apply to an abandonment of this form requirement.
11.5. Offsetting, retention. The Customer can only offset claims from absence.io against undisputed or legally established claims. A right of retention or the defence of unperformed contract shall only be available to the Customer for undisputed or legally established counterclaims resulting from this contractual relationship.
11.6. Applicable law. This Contract shall be governed exclusively by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods. Conflict-of-law rules shall not apply.
11.7. Jurisdiction. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction shall be that at the place of absence.io’s registered office.
11.8. Severability. If any individual provisions of this Agreement are or become invalid, this shall not affect the validity of the remaining provisions. In this case, the invalid provision shall be replaced by another valid provision which corresponds to the originally intended purpose and the economic result the Parties would have agreed upon in good faith. The same shall apply in the event of a contractual gap."