Softr Platforms GmbH Lohmühlenstraße 65, 12435 Berlin, Germany, represented by the managing director Mariam Hakobyan ("Softr" or “we”) offers its customers ("Customer" or “you”) web-based access to a non-code tool for website and web application building ("Platform"). By means of a software-as-a-service solution, the Platform enables the Customer to build their own websites and web applications (“Customer Products”) by leveraging building blocks and integrating with third-party platforms without the necessity to use traditional software code (“Services”). This Agreement for the use of the Platform (“Agreement”) including its **Appendix 1** (Data Processing Agreement) governs the entire contractual relationship between Softr and the Customer regarding your use of the Platform and our provision of the Services.
1.1 The Agreement requires you to create an account on our website (“Registration”). If you are a corporation, the Registration must be carried out by an employee who is sufficiently authorised by the Customer to enter into legally binding contracts as a representative of the Customer.
1.2 The Registration is carried out by filling in an online form with various data including a company/professional email address and the setting of a password. Upon completion of the Registration process, the Customer receives an activation link to the email address provided as part of the Registration. By clicking on this link, the Customer activates his account and completes the Registration.
1.3 Our Platform is a mere B2B product and is directed to entrepreneurs and businesses according to Sec. 14 BGB (German Civil Code) as Customers only. Softr reserves the right to ask you for appropriate information and to demand proof that you are not a consumer according to Sec. 13 BGB.
1.4 By completing the Registration process the Customer makes a legally binding request to Softr to conclude an Agreement. An Agreement between Softr and the Customer is only concluded when Softr has accepted the offer. As confirmation of this, the Customer receives either an e-mail or access to the platform is activated for him.
1.5 The Customer's general terms and conditions only become part of the Agreement if this has been explicitly agreed upon in written form.
2.1 Operation and maintenance of the Platform is the responsibility of Softr. Softr provides the Customer access to the Platform and the Services via the internet for a limited period of time during the Term of the Agreement as defined under Section 9. The exact scope of the Services to be provided by Softr under this Agreement can be found on our website under the URL softr.io. Beyond that scope, the Customer has no claim to a specific arrangement or specific functionalities of the Platform or Customer Products.
2.2 The average availability of the Platform is 99% on an annual average. Excluded from this is necessary planned maintenance work as well as disturbances that are not within our sphere of influence; in particular force majeure. If possible, Softr will inform the Customer about planned maintenance work in a reasonable time in advance in text form (e.g. email). However, Softr expressly reserves the right, if necessary, to carry out unannounced maintenance work, especially if this is necessary for data and operational security.
2.3 Softr performs daily backups of the platform and the web application construction data stored by the Customer, which are kept for seven days. An individual check of the correctness and completeness of the data backups is not carried out and Softr has no such contractual obligation.
2.4 Softr provides the Customer with documentation of the Platform as well as for instructions for its use electronically in the English language online via its website. The Customer is not entitled to edit, publish, broadcast or make publicly available the documentation or instructions for use.
2.5 Softr is entitled to employ subcontractors to assist with its performance of services under this Agreement at its own discretion.
2.6 Softr is entitled but not obliged to extend and develop the functional scope of the Platform. Softr reserves the right to offer extensions and developments only for payment of an additional fee. If the Customer purchases an extension or development for an additional fee by concluding a corresponding supplementary arrangement, the provisions of this Agreement apply accordingly to this purchase. If Softr makes extended or additional functions available free of charge after the conclusion of the Agreement, these functions provided are considered to be a voluntary service of Softr. The Customer has no claim that Softr makes those functions available in the future.
2.7 Softr can change the functional scope of the Platform at any time to an extent that is reasonable for the Customer. The change is particularly reasonable if it becomes necessary for a good cause – for example, due to disruptions in the provision of services by subcontractors or for safety reasons – and the performance characteristics defined in the service description are essentially retained as well as the main performance obligations of Softr. If the changes do not exclusively concern extensions of the function or not only insignificant components of the services to be provided by Softr, Softr will inform the Customer about the change at least four weeks before it comes into effect by e-mail.
2.8 All Services and Customer Products are hosted by Softr and may have their own dedicated internet domain name provided by the Customer. This does not apply to data and products of integrated third-party services (e.g. Typeform, Mailchimp) which may be used in connection with the Services but are not part of the Customer Products and hence are not hosted by Softr.
2.9 Softr is entitled to block the Customer's access to the Platform and/or delete Customer Products or Customer Content if: