Please see the
16761 Hennigsdorf (bei Berlin)
(hereafter: Rivalfox software or Rivalfox).
1. Object of the Contract
Rivalfox develops and distributes software solutions that help to monitor competitors, benchmark competition, track competitors performance in a more efficient, professional and time saving way. (hereafter: Rivalfox software or Rivalfox). The provision of the Rivalfox software by Rivalfox and the obligations of the users of this software (hereafter "company" or "customer") are regulated hereafter (together hereafter "the parties").
2. Contract Conclusion
2.1. These GTC are exclusively applicable towards legal persons or commercially active fully legally competent persons or freelancers or companies pursuant to Section 14 BGB.
2.2. The company applies for the usage of the Rivalfox software via an online order form and at the same time declares that it is acting in performance of a commercial or self-employed professional task. In addition it also acknowledges the Rivalfox GTC and the Rivalfox data protection regulations by placing a check mark in the intended filed or with signature or via E-Mail-confirmation Rivalfox specifically asks for the following data for registration: IP-address (is automatically determined), company, Name, E-mail address, website, credit card information. The data requested during registration shall correspond to the truth. The registration form can be transferred online, per mail or fax to the business address of Rivalfox. With the acceptance of the GTC online or with the confirmation of the written offer via email or by sending the form with signature by fax a legal contract is concluded between the company and Rivalfox. If the data stated by the company during registration change, the company is obligated to inform Rivalfox of this immediately.
2.3. With the registration the current scope of services, the current prices as well as the currently valid version of the GTC and the
are saved under the customer process and serves as contract basis.
3. Services and Obligations of Rivalfox
3.1. Rivalfox provides one software package to the company for the contract duration: Smart Fox and Rivalfox Enterprise with different scopes of services. Rivalfox reserves the right to make individual companies additional offers beyond that.
3.2. After contract conclusion, Rivalfox grants the customer access for the usage of the Rivalfox software for the duration of the contract. The usage of the Rivalfox software can be used via the cloud solution operated by Rivalfox at the address sent via email or via the customer area.
3.3. The respective complete and current scope of functions of the service provided by Rivalfox can be viewed any time on the Rivalfox website (https://rivalfox.com/).
3.5. All server and system components of the Rivalfox service are operated in a network with redundant computers/servers. The data configured by the company are saved securely with usage of state-of-the-art technology. Rivalfox conducts planned maintenance work for the entire Rivalfox services in regular intervals – preferably at night.
4. Obligations of the Company
4.1. The company may not make improper use of the Rivalfox software, specifically the company is responsible for contacting other people via the E-mail function.
4.2. The company will refrain from all activities that intend to make the Rivalfox software no longer functioning, to manipulate it or to make its usage difficult.
4.3. The company is obligated to protect the Rivalfox access data (user name, account password and interface password) against unauthorized usage by third parties and to keep it confidential. The company must notify Rivalfox promptly if it has justified reason to think that there is misuse.
4.4. The company is not allowed to change, rent, sell, translate or give or transfer the Rivalfox software to third parties.
4.5. The company is responsible for the type and manner of usage of the Rivalfox software.
4.6. The company is not allowed to let several natural persons work with only one Rivalfox licence. The company must acquire further licences for further users.
5. Contract Duration, Contract End, Upgrade, Booking of Further Licences
5.1. The contract duration commences at the agreed upon date between the company and Rivalfox.
5.2. The contract duration is one month and can be cancelled in the month before prior to expiration of the contract duration, if cancellation does not occur on time, the contract is automatically extended for further 1 months. If the customer chooses advance payment and thus a longer contract duration – for example three, six, twelve, 24, 48 or more months – this contract duration is valid and can be cancelled with a term of four weeks prior to expiration.
If timely cancellation does not take place, the contract automatically extends by the previously valid contract duration.
The cancellation must be done in writing via email, fax or mail. The agreement concerning the usage of the Rivalfox software ends with the cancellation. The right to cancellation without prior notice due to important reasons remains untouched. An important reason for cancellation without prior notice by Rivalfox is given specifically if the company does not fulfil an obligation pursuant to Section 4 in spite of reminders or repeatedly, or denies the fulfilment of these obligations seriously and finally, or is in delay with the payment of at least two subsequent monthly fees.
5.3. If the company decides to change to a higher quality Rivalfox service (upgrade) during the contract duration, this service is immediately available for all active licences. An upgrade always refers to a total account with all included licences. The higher quality service is available as of the first of the following month according to the agreed duration, the contract duration is not extended but remains, already paid fees are offset accordingly on the next invoice.
5.4. The company can book additional licences any time in the existing Rivalfox account. The price per licence, and the duration, cancellation term and payment methods are based on the conditions of the existing contract. The booking of further licences does not have any effect on the existing contract and does not change the contract duration - the new licences are active until the same point in time as the existing licences.
6. Prices, Calculation and Payment Conditions
6.1. The company pays the agreed upon usage fee for the usage of Smart Fox or Rivalfox Enterprise according to the contract duration/selected prepayment in advance to the beginning of each month.
6.2. With conclusion of the contract the company enables Rivalfox revocable - insofar payment per invoice or PayPal was not agreed upon - to collect the due payments upon maturity from the stated bank account by debit. If the bank account is not covered for the necessary amount, the credit institute holding the account does not have any obligation to fulfil the order. Partial debits are not accepted in this procedure.
6.3. Rivalfox can charge a lump sum of 20 EUR for processing and bank fees per return debit. The company has the right to prove the a damage has occurred or the resulting compensation claim is lower than the lump sum.
6.4. Rivalfox Invoices are due immediately after receipt. The company is obligated to pay the invoices at the latest 14 days after maturity.
6.5. In case of delay of payment Rivalfox is authorized to calculate default interest amounting to six percent above the respectively valid base rate of the EZB.
6.6. Rivalfox reserves the right to deny access to the software if the company is under delay of payment of due fees.
7. Warranty and Liability
7.1. The company is liable for damages caused with gross negligence or intention by the company or its employees.
7.2. Rivalfox does not guarantee that the Rivalfox software is available, accessible and fault free at all times. Due to technical circumstances that Rivalfox does not have influence on, access and transfer delays or failures may occur.
7.3. Rivalfox excludes liability for slightly negligent violations of obligations, insofar these do not regard essential contractual obligations, life, health or body, or involve claims according to the product liability law. The same is applicable for obligation violations of auxiliary agents. Rivalfox also excludes all liability for possible consequences, if the company does not use the Rivalfox software properly and with best knowlegde and conscience.
7.4. In case of slightly negligent violation of an essential contractual obligation the liability is limited to the total amount that the company has to pay for the duration for the usage of the Rivalfox software as well as limited to such damages that have to be expected in the framework of the contract in typical cases.
The liability for atypical damages, consequential damages due to fault and lost profit is excluded.
7.5. Insofar Rivalfox gives technical advice or consults and this advice or consulting does not belong to the owed, contractually agreed upon scope of services, this is does for free and under exclusion of any liability.
7.6. Rivalfox does not assume any guarantee that the internet page operated by Rivalfox is continuously available.
8. Final Clauses
8.1. Place of jurisdiction for all possible disputes from the business relationship between Rivalfox and the company is Berlin.
8.2. The relationships between Rivalfox and the company are exclusively subject to the law of the Federal Republic of Germany.
8.3. Modifications of these General Terms and Conditions and the prices are disclosed to the company in writing (Section 126b BGB). The modifications are deemed as authorized if the company does not object to them in writing. Rivalfox will make special reference to this consequence in the notice. The objection must be received within two weeks after receiving the notice.
8.5. Declarations and cancellations regarding the contract are only valid if they are made in writing.
8.6. Insofar a regulation of these terms of utilization is ineffective, the remaining conditions shall not be influenced by this. The ineffective regulation is deemed as replaced by a regulation that is as similar to the ineffective regulation in legally effective manner in commercial purpose and sense. The same is applicable to possible regulation loopholes.
These are the general Terms and Conditions (GTC) for the usage of the service for charge of Rivalfox GmbH (hereafter "Rivalfox") with residence in 16761 Hennigsdorf, Havelpassage 4 represented by the managers Oleksandr Ivanov and Anas Salem, trade registry: HRB 10993 NP - District Court Neuruppin.