Wavy GmbH 2019 © All rights reserved
§ 1 Scope of application
(1) The provider provides software for yacht charters and boat owners on the Internet in order to
to receive direct bookings for their boats and to manage them. In addition these are valid
General Terms and Conditions (AGB).
(2) These GTC only apply to companies in accordance with § 14 BGB (German Civil Code). In the case of persons who
software for active brokering, it is assumed that the software will be used for
(3) By registering with the provider, the user is made aware of the General Terms and Conditions of Business and
the user will confirm the validity of the general terms and conditions. They apply
for the use of the contractual standard software.
§ 2 Subject matter of the contract
(1) These contractual terms and conditions regulate the temporary use of the contractual objects.
Standard software in its version current at the time of conclusion of the contract by the user, the
Provision of online course content as well as the download of templates in electronic format
(2) The software is provided by the Provider as a SaaS or Cloud solution. The User
the servers of the provider or of a third party commissioned by the provider.
stored and executable software via an Internet connection for the duration of the
§ 3 Conclusion of contract, duration of contract
(1) The contract comes through the registration of the user by activating the “liable to pay costs
Register” or similarly marked button after filling out the corresponding
booking form. The user can use the clearly visible links to
– these general terms and conditions and
and receives, if necessary, the following acceptance of his so made
Contract offer by the provider by e-mail, whereby the terms and conditions are attached in text form.
The conclusion of the contract can also be made by offer and acceptance of a communication in
text form or by telephone.
(3) The contract runs for 30 days (4 weeks) and is to be terminated with a period of 4 weeks.
If an annual subscription is concluded, this ends at the end of the term.
after one year after the beginning of the contract.(4) The user has no claim on
adequate, effective and accessible technical means for correcting input errors
the provision of legal information in electronic form when placing the order.
Business transactions according to § 312 i Abs. 1 Nr. 2 BGB and an immediate confirmation of the access
of his order. Insofar as such means or information are made available, the following shall take place
this without recognition of a legal obligation.
(5) Alternatively, you can contact us directly by e-mail or telephone. The
Contract conclusion then takes place individually through offer and acceptance. Unless otherwise agreed
the usual procedure is agreed here that you send us an enquiry and that we will send it to you by post.
receive a binding offer, which you can accept within two weeks.
With the acceptance the contract comes off. A separate storage of the contract text
does not take place, but the subject matter of the contract is determined individually in each case by the
the agreement made.
§ 4 Payment
(1) The remuneration results from the order form at www.wavysys.com. The deadlines are as follows
after a free test phase (generally 30 days after activation) you can pay immediately via the
Payment provider Stripe.
(2) This and all other prices of the Provider are in Euro and are net prices plus VAT.
VAT, if applicable.
(3) Payment of the current fees shall be made by the agreed method of payment.
(4) If the User is in default with payment, he shall be obliged pursuant to § 288 BGB (German Civil Code),
interest on arrears and the lump-sum damages regulated therein.
(5) If the user is in arrears with his payments, the provider may demand an
the right to withhold performance by the fact that the provider has denied access to the
user to the software temporarily. In this case, the user is not entitled to use the software despite the
Access will continue to be obliged to pay the fee. The offerer can be in the presence of the
legal requirements due to default of payment without notice.
(6) A contingent may be purchased. The contingent can be used immediately, or
are also purchased in advance, so the payment process is not reactivated.
§ 5 Availability of the Software, Higher
(1) The provider is obligated to provide the user with the software permanently at the router exit of the
computer center, where the server with the software is located (“transfer point”), for use as a
to make available to the government. The provider’s service includes the software in its current version,
the computing power and storage space required for their use to be available for the
a server that can be dialed up via the Internet, together with dial-in logistics for the user. The provider
does not owe the data connection between the IT systems of the user up to the just
defined transfer point.
(2) The provider is entitled to use the site in particular for maintenance, care and
improvement as well as from other improvements necessary for the operation of the provider or the software.
temporarily restrict or completely block the use of the software for the required reasons. The provider will
take into account the average interests of the users (e.g. in the case of the
Determination of maintenance times). In the event of urgent malfunctions, the provider is required to
error correction during normal business hours.
(3) The user is to correct functional failures or malfunctions of the software as quickly and precisely as possible.
the provider as far as possible.
(4) If the provider is not able to provide the service due to force majeure, the
Obligation of the provider to provide services for as long as the obstacle to performance persists.
(5) If the service obstacle lasts more than one week, the user has the right to cancel the contract.
to terminate the contract without notice if the performance of the contract is of no interest to him as a result of the obstacle.
(6) In the case of purchase with monthly payment and termination of the service, this runs until the end of the month.
of the purchased period. In the case of annual use, this ends one year after activation of the
§ 6 Provision of Services, Support
(1) The user can obtain help from the provider regarding the operation of the software (support).
The User may also contact the Provider by telephone, in writing or otherwise electronically,
if the user has any questions about the use and function of the software beyond the scope of the help.
(2) The user is only entitled to the software currently offered by the provider.
(3) The provider may require sufficient authentication of the customer to provide the support service.
to make you addicted.
(4) As far as the provider provides electronic support, the user allows the provider to
access to all its system components at any time for the purpose of support. The
Provider provides a possibly necessary remote access connection and the associated
effort free of charge. The user is not entitled to make any payments to the provider
to claim their own costs incurred in connection with the remote access connection
and the provision of support, such as connection or administrator costs,
Time required etc.
§ 7 Updates
(1) The provider constantly develops the software and its services further. Improvements and
Updates of the standard software within the scope of the previous functionalities and in adaptation
legal and technical framework conditions will be communicated to the user within the framework of the
the transfer voluntarily and automatically.
(2) When purchasing the Excel and Word templates, there are no updates, new versions can be
in each case additionally purchaseable according to the offer on the website or by mail of the offerer
can be acquired.
(3) The user is not entitled to specific improvements (unless the software is not
is or will be defective) or a specific sequence of actions.
(4) In particular, the user shall have no claim to further developments with additional
Functions, the use of which may depend on the provider of a change of contract
in particular an adjustment of the remuneration.
(5) The provider secures the user’s data on the server for which the provider is responsible, and
regularly on an external backup server.
(6) As far as technically possible, the user can save this data at any time for backup purposes.
and is obliged to do so at the end of each working day.
§ 8 Prohibited uses
(1) The use of the templates, course contents and the step-by-step generator is only allowed for a
Responsible persons within the meaning of the DSGVO are permitted. If more than one responsible person is registered
the account can be blocked, until the account is closed.
supplementary licence fees have been paid. Deviating regulations must be specified in
(2) The user is prohibited from using the cloud software excessively and in a non-spamming manner.
use it. He has to take all precautions, which an illegal, spamming or otherwise
Exclude excessive use.
(3) The user is prohibited from using the software or the servers on which it is running with
use or contaminate malicious code (computer viruses, worms or Trojans, etc.)
or negligently to allow such use.
(4) A passing on, subletting, sub-licensing or other resale of the
Software, templates or course content by the user is not permitted, unless this is not
is expressly agreed. The user undertakes, in the case of a deliberately culpable
breach of that obligation, a contractual penalty for each case of breach of contract by a party
making the software or the templates accessible to a third party or the use of the software or the templates for a third party
software for a third party to the provider. The contractual penalty is € 400.00 for each case.
Irrespective of the contractual penalty, the provider is entitled to demand a further-reaching
to assert a claim for damages. In this case, the contractual penalty shall be calculated on the basis of the
will be credited for damages.
§ 9 Obligations of the User, Cooperation
(1) The user is obligated to provide the data required for the contract in full and in full.
to be truthfully stated. The obligation to provide truthful information relates in particular to the following
company name, first name and surname, full address and contact details
and the bank details. If the user makes untrue statements, the provider can withdraw from the contract.
for cause without notice.
(2) The user is obligated to keep his data up to date and to notify changes to the
the provider without delay.
(3) The user receives the access data to the software from the provider. The access data
have the purpose to prevent the use of the hosted software by unauthorized persons.
to exclude. These access data are to be protected from unauthorized access by the user.
To protect third parties and to change them at regular intervals for security reasons. Digital the
Users Store usernames and passwords only securely encrypted.
(4) If the access data is entered incorrectly several times, the user may be protected by the
Access can be blocked. If the user is responsible for this blocking, he/she is liable for the damages caused by the
costs and expenses incurred by the Provider within the framework of the activation of the
contractually agreed or local and reasonable costs.
(5) The user is obligated to inform the provider immediately if the user
knowledge of the fact that third parties have access to his access data or otherwise
have access to his user profile. If the user does not notify the provider
immediately, he is obliged to compensate the provider for the resulting damage.
§ 10 Warranty
(1) The provider warrants in accordance with the applicable statutory provisions for the following
software, unless otherwise regulated below. The provider only warrants the following
within the framework of the properties of the software offered and described by him. The
The provider does not warrant that the software will meet the interests or operational requirements of the user.
the special features of the user, unless an appropriate consulting or
any other fault on the part of the provider.
(2) A possible liability independent of fault according to § 536a BGB (German Civil Code) is excluded.
Provider for initial defects. For initial defects, the provider is liable only if it
knew or should have known of this deficiency and did not inform the user accordingly
(3) The user has no claim due to defects if the software is not used properly.
functions because the user has them under non-agreed operating conditions or in a non-agreed operating environment.
the agreed system environment or otherwise in violation of § 8 of this contract, or
it itself or through third parties has changed adversely.
(4) The user is obliged to report any defects in a comprehensible and detailed manner. Thereby
the user has, in particular, the work steps that led to the occurrence of the defect,
indicate the frequency of publication and the effects of the defect.
(5) Defects shall be remedied within the business hours of the Provider by
free of charge repair of the software. The provider is entitled to a reasonable period of time for this.
(6) The user is obliged to inform the provider to a reasonable extent about the removal of
to support the shortcomings.
§ 11 Legal responsibility
(1) The service of the provider is a step by step generator and templates for the
Simplification of the preparation of documents required by the DSGVO. A legal
Advice or examination is not part of the provider’s service. In particular, the
providers do not check whether all information relevant for the user’s company regarding the
Sufficiently considered or specified. The user has registered before the use of the
service itself about which information is required for his company or which information is required for his company.
what information is required.
(2) One of the following resulting from the execution of the contract or the use of our information
resulting success e.g. in the sense of a legal protection is expressly not
and can also not be guaranteed, since the user alone is responsible for the content created by him.
documents is responsible.
(3) After the preparation of the DSGVO documents, the user should still have an expert,
in particular a lawyer or data protection officer with the examination of the documents
to the order of the
§ 12 Copyrights of the provider,
(1) For the duration of the contract, the provider shall grant the user the non-exclusive, non-exclusive, non-exclusive
Transferable and non-sublicensable right to use the subject matter of the contract
(2) Unless permitted by law, the user is in particular prohibited,
– to translate, edit, mix or otherwise change the software; this shall apply to
also for the associated documentation,
– decompile the software, imitate it, reverse engineer it,
– the software or the documentation, insofar as this is not necessary for the
is necessary in accordance with the contract,
– trademarks, copyrights or other proprietary notices of the provider on the software.
remove, alter or make unrecognisable
(3) The data of the user collected, processed and generated by the software is stored on the server of the user.
the provider’s servers. The user remains the sole owner of the data. Insofar
the supplier is only a processor.
§ 13 Data protection
(1) In accordance with Art. 6 para. 1 lit. b DSGVO, contract data are collected for the contract (e.g. name,
Address and e-mail address, any services used and any other information you may require.
data transmitted electronically or for storage, which is necessary for the execution of the contract.
(b) the information necessary to justify, substantiate or amend this Directive), in so far as they are necessary for the reasoning, content or amendment of this Directive.
contract are required.
(2) The contract data will only be passed on to third parties if (in accordance with Art. 6 Para. 1 lit. b
DSGVO) is necessary for the performance of the contract, this is in the overriding interest of the customer.
corresponds to an actual benefit (pursuant to Art. 6 para. 1 lit. f DSGVO) or a consent of the
affected (pursuant to Art. 6 para. 1 lit. a DSGVO) or other legal permission. The
Data will not be transferred to a country outside the EU unless required by EU law.
Commission a similar level of data protection to that found in the EU, a consent
or the standard contractual clauses have been agreed with the third provider.
(3) Affected parties can obtain information about the stored personal data at any time and free of charge.
Request data. You can request correction of inaccurate data at any time (also through
supplement) as well as a restriction of their processing or also the deletion of your data.
This applies in particular if the purpose of processing has expired, a required
consent has been revoked and there is no other legal basis, or the consent has been
data processing is unlawful. The personal data will then be processed in the
legal framework immediately corrected, blocked or deleted. At any time the
Right to revoke a consent granted for the processing of personal data.
This can be done by means of an informal notification, e.g. by e-mail. The revocation touches the
the lawfulness of the data processing carried out up to that point. It may transfer
of the contract data in machine-readable form. Insofar as the
data processing is feared, a violation of the law can be avoided at the responsible
a complaint will be filed with the supervisory authority.
(4) In principle, the data shall only be stored for as long as is necessary for the purpose of the respective
data processing. More extensive storage is particularly worth considering,
if this is still necessary for the prosecution or from legitimate interests or a
the data must still be stored (e.g. for tax purposes), and
retention periods, limitation period).
(5) The user permits the provider to reproduce the data supplied by the user,
insofar as this is necessary for the provision of the services owed under this contract.
The Provider shall also be entitled to store the data on a failure system or separate
to store the data from the data center. For the removal of disturbances the offerer is furthermore
is authorized to make changes to the structure of the data or the data format.
§ 14 Place of jurisdiction, applicable law
(1) Place of performance is the registered office of the supplier.
(2) For all present and future claims arising from the business relationship with the Supplier, the place of performance shall be the place of business of the Supplier.
to a user who is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the exclusive place of jurisdiction shall be the
Place of business of the supplier. The same place of jurisdiction applies if the user does not have a general place of business.
place of jurisdiction in Germany, his domicile or usual place of business after conclusion of the contract.
residence or habitual residence in the Federal Republic of Germany for the purpose of the transfer of the
the date on which the action was brought is not known. The provider is, however, entitled to cancel the contract at any time.
the user also at his place of business or any other permissible place of jurisdiction.
(3) All legal relationships between the parties shall be governed exclusively by German law.