Terms and Conditions
Dojo Software UG
The licensor and the licensee agree that both act as entrepreneurs and that the object of use should be used for commercial purposes.
In addition to the provisions of this agreement, the General Terms and Conditions (to be read on www.dojosoftware.de ) of Dojo Software UG as of 2021 become part of this contract.
In addition to the provisions of this agreement, the GDPR guidelines of Dojo Software UG as of 2021 will become part of this contract.
§1 Subject matter of the contract and terms of use
1.1 The subject of this agreement is the member management software from Dojo Software UG. The licensee undertakes to comply with the conditions of use set out below when using the software. The licensor undertakes to provide the licensee with the software mobile application for the operating systems IOS (from software version 12) & Android (from software version P).
It is made clear that future functions that differ from the current functions are not the subject of this agreement. In addition, it is made clear that Dojo Software UG does not provide any hardware for using the app. It is also pointed out that the processor of your device influences the speed of the app.
1.2 At the same time, the licensee is given the video-based guide to the contractual software in digital form via email.
1.3 The terms of use for the use of the software are agreed as follows.
The licensee may not reproduce the software. If the buyer changes the hardware, he is entitled to install the software on the new hardware system. He must then immediately remove the software from the previous hardware system. The licensee is not entitled to use the software beyond the agreed terms of use (trainer, locations, etc.).
The licensee is entitled to use the software in his network in accordance with his contract.
The licensee may not pass on or sell the contractual software, including the manual, to third parties.
§2 purchase transaction
The handover of the software and the introductory course takes place after the signature via an online platform.
The software and the introductory course are available for the licensee to download from the Internet address specified under §1 after they have been signed.
§3 purchase price and payment
3.1 The license price is based on the package booked and does not include VAT (see invoice).
3.2 The license fee is due monthly when the software is handed over, in the case of provision by download after the download has been completed and the test phase has been exhausted.
3.3 The license fee is paid by bank transfer
The license fee will be transferred to the following account:
Account holder: Dojo Software UG
Financial institution: Sparkasse Aachen
IBAN: DE66 3905 0000 1070 2138 79
BIC: AACSDE33XXX
Purpose: customer number
§4 default of payment
If the licensee is in default of payment, the licensor can withdraw from the contract or sue for the surrender of the software or the full payment of the remaining amount. In this case, the licensee must completely remove the software from his hardware system. This also applies if the licensee stops paying or if judicial composition and bankruptcy proceedings have been opened against his assets. In the event of a withdrawal from the contract or after the software has been released late, the licensor can demand appropriate compensation for the use of the software that has already taken place.
§5 Obligations of the Licensee
The licensee undertakes to take precautions that are suitable to protect the software from access by third parties. In particular, original data carriers and backup copies must be kept in a secure location. The licensee undertakes to instruct his employees about the terms of use for software and copyrights specified in this contract.
The licensee is not authorized to change the software in any way or to have it changed.
The licensee is not authorized to convert the provided program code into other code forms or to have it converted (decompilation).
The licensee is not authorized to remove labels from the software or to have them removed which serve to prevent pirated copies and protect copyright.
§6 Warranty and Liability
6 .1 The licensor is liable for defects in the software in cases of intent or gross negligence in accordance with the statutory provisions. The liability for guarantees is independent of fault. The licensor is only liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health, or for breach of essential contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations is limited to the contract-typical, foreseeable damage, unless liability is due to injury to life, body or health. The licensor is liable to the same extent for the negligence of vicarious agents and representatives.
6 .2 Irrespective of the above provision for shortening the warranty period, a period of 2 years applies to the limitation of claims for damages from warranty in the event of injury to life, body or health, due to a negligent breach of duty on the part of the seller or an intentional or negligent breach of duty his legal representative or vicarious agent. Furthermore, regardless of the above regulation, a period of 2 years applies to the limitation of claims for damages from warranty in the case of other damage that is based on a grossly negligent breach of duty on our part or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the licensee.
§7 place of performance
The contractual place of performance is Monheim am Rhein.
The parties agree that the place of performance should replace the place of performance from the licensor’s terms and conditions.
§8 Place of jurisdiction
The parties agree on Düsseldorf as the place of jurisdiction.
§9 final provisions
Oral side agreements have not been made.
This contract has been personally signed by the licensor and licensee, made out in two copies and given to the contracting parties in one copy each.