§1 Validity

These Terms of Service will be valid for all business relationships between the users and Yolk - Sebastian Munz & Julia Soergel GbR (hereafter, »Yolk«) for the provision of the mite services. The supplemental short descriptions of the individual provisions serve only for better comprehensibility and are not the binding object of these terms of service. Any deviating terms and conditions of the user will not be valid unless they have been expressly approved in writing or text form by Yolk. By no later than when the account is created with mite, the user must acknowledge the validity of these Terms of Service.

§2 Yolk’s services

(1) Through the mite service, Yolk is offering the possibility to track and analyze working time data.

(2) mite is a service which is made available via the Internet. The Internet access, which is needed in order to use mite, is not the object of Yolk’s services.

(3) Yolk reserves the right to expand and improve its services at any time. No claim exists to the offering of additional functionalities for the services described in Paragraph 1.

§3 Free-of-charge trial and conclusion of the contractual agreement

(1) After you have successfully created an account, a usage relationship is considered to have been realised. The creation of the account is considered to have been successfully completed when the user confirms the creation of the account, e.g. by clicking on an activation link in an e-mail.

(2) The user may test mite for 30 days upon a free-of-charge basis. If the user does not enter his payment data under the »Account« tab during this trial, the user’s account will initially be set to a "read-only" mode. By no later than 14 days after the trial ends, the account will be deactivated and the usage relationship will be ended. By no later than 28 days after the trial ends, all data of the account will be deleted.

(3) If the user enters his payment data under the »Account« tab and clicks on the »Purchase« button, a contractual relationship triggering costs will be realised after the 30-day test phase ends. Using mite costs 5.00 € incl. 19% VAT per user per month.

(4) The contractual relationship will run for an unspecified length of time.

§4 Beta users (up to 06/05/2008)

(1) The obligation to pay the fee after the free-of-charge trial specified in Clause 3 is not valid for users who have created an account at mite by no later than 06/05/2008 who have made at least ten time entries and have logged in at least ten times by this point in time (»beta users«).

(2) Instead, the »pay as much as you wish« policy is valid. Beta users can support mite with voluntary payments – whether and how much the beta user supports mite is decided by the beta user alone. The user may choose to specify the fair amount under the »Account« tab.

§5 Revocation

(1) Revocation:
You can revoke your contractual declaration within 14 days without being required to state reasons for so doing in text form (e.g. letter, fax or e-mail). The timeframe will begin to run after the receipt of these instructions in text form, but not before the conclusion of the contractual agreement and also not before the fulfilment of our notification obligations specified in Article 246 § 2 in conjunction with § 1 Paras. 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our obligations specified in § 312e Para. 1 Clause 1 BGB [German Civil Code] in conjunction with Article 246 § 3 EGBGB. In order to meet the revocation deadline, the timely sending of the revocation will suffice. The revocation must be sent to:

Yolk - Sebastian Munz & Julia Soergel GbR
Oranienstraße 166
10999 Berlin
Germany
E-mail:  

Ramifications of the Revocation
If a valid revocation is made, the services/performances received by both parties must be returned/restored and, where applicable, any benefits obtained (e.g. interest) must be returned/restored. If you cannot return/restore the service that you have received in whole or in part or only in a deteriorated condition, you must then pay us compensation in this regard. This may result in your being required to nonetheless fulfil the contractual payment obligations for the timeframe until revocation was made. Obligations to make reimbursement of payments must be fulfilled within 30 days. The timeframe will begin to run for you when you send your declaration of revocation; for us, when we receive it.

Special Notes
Your right of revocation will end early if the contractual agreement has been completely fulfilled by both parties because you had expressly requested this before you exercised your right of revocation.

- End of the Right of Revocation -

(2) A right of revocation is valid in accordance with § 312b BGB only for consumers. Insofar as the user is not a consumer in accordance with § 13 BGB and uses mite, no right of revocation will be valid. Provisions about the granting of a free-of-charge test phase will remain unaffected.

(3) In each case, when you enter your payment data under the »Account« tab, a click on the »Purchase« button is considered to be a contractual declaration.

§6 Payment/Invoice

(1) The monthly fee for using mite is due at the end of each billing month. The monthly fee can be paid by SEPA direct debit or credit card. The pre-notification period of a SEPA direct debit is shortened to 1 day.

(2) The user must ensure that the bank or credit card account from which the amount is deducted has the required funds to cover the payment. If the payment is not made owing to circumstances for which the user is responsible, Yolk may charge the additional costs incurred (e.g. costs of the charge back) to the user in the respective amount incurred.

(3) mite’s users will be provided with monthly invoices in PDF format.

§7 Termination/Cancellation

(1) The user can terminate the contractual agreement for the use of mite at any time under the »Account« tab. The termination will become effective at the end of the current billing month. Insofar as the user cannot use this option, the termination may also be declared in writing or in text form to Yolk.

(2) The user may at any time download back-up copies of his data in a standard format in his mite account. When the account is cancelled, the account will be deleted after 14 days.

(3) Yolk has the right to terminate the contractual relationship with a user without being required to state reasons for so doing by providing three months’ notice with the termination to become effective at the end of the respective billing month.

(4) If the user is late with his payment of the monthly amount by more than eight weeks, Yolk reserves the right to terminate the contractual relationship with the termination to become effective at the end of the current billing month. Yolk’s claims, which have been created through the past usage of mite by the user, will remain unaffected.

(5) If mite is misused (see Clause 8 Para. 3) which results in substantial restrictions of Yolk for third parties, Yolk reserves the right to make extraordinary termination of the contractual relationship.

(6) Any extraordinary right of termination held by the user or Yolk will remain unaffected.

§8 User’s obligations

(1) The user is obliged to truthfully provide information about his payment data (including the billing address) when the account is created or modified insofar as mite is supposed to be used beyond the free-of-charge trial.

(2) The user is obliged to protect his login credentials for his mite account so they are not disclosed to unauthorised third parties.

(3) The user is forbidden from misusing Yolk’s services, particularly the mite service. Misuse is considered to have occurred especially in the following cases:

• The publication or dissemination of illegal or defamatory content
• The use of technical tools or methods which restrict or may restrict the functionality of the provider’s services (software, scripts, bots, etc.)

(4) Yolk is entitled to promptly delete content created by the user which is illegal and/or abusive.

§9 API usage

(1) Yolk optionally offers its users supplemental access to their data via a so-called API (Application Programming Interface).

(2) API access is disabled by default. The user may activate API access in his mite.account. If a third-party service provider should receive access to data from an account or user via the API, the user has to additionally enter access credentials within the respective service.

(3) Yolk is not responsible for services or the use of services of third-party service providers who receive access to the data from the account or the user via the API.

§10 Usage rights

(1) Yolk will grant each user a simple, non-exclusive right to use mite for the duration of the contractual agreement for his own purposes. This usage right is non-transferrable.

(2) mite is a web service which is rendered by accessing Yolk’s server or servers. Software is not being supplied to the user.

(3) Insofar as new versions, updates, upgrades or other changes are made to mite during the contractual term of the contractual agreement, the aforementioned provisions will be valid.

§11 Availability of the services

Yolk ensures that the services specified in Clause 2 Para. 1 will be available 95% of the time on an annual average. Excluded from this guarantee are service defects for which Yolk is not responsible.

§12 Liability limits

(1) If intentional wrongdoing or gross negligence has been committed, Yolk will be liable for all damages in unlimited fashion that have been caused by Yolk in conjunction with the rendering of the contractual services.

(2) If simple negligence has been committed, Yolk will be liable in unlimited fashion if loss of life, physical injury or damage to health has occurred.

(3) For free-of-charge services, Yolk will have no liability beyond the liability specified in Paragraphs 1 and 2.

(4) Otherwise, Yolk will be liable in conjunction with the rendering of fee-based services only insofar as Yolk has violated an essential contractual obligation. Essential contractual violations refer abstractly to such obligations whose fulfilment only then makes the proper implementation of the contractual agreement possible at all and upon whose fulfilment the user may regularly rely. In these cases, liability will be limited to providing damage compensation for foreseeable, typically occurring damages.

(5) Insofar as Yolk’s liability is excluded or limited in accordance with the aforementioned provisions, this will also be valid for the service provider’s vicarious agents.

(6) Liability in accordance with the Produkthaftungsgesetz [German Product Liability Act] will remain unaffected.

§13 Data protection

(1) In principle, no personal data of the user will be passed on to third parties.

(2) Yolk will process only the personal data of users which are required for the provision of the services for mite.

(3) In order to process the payment transactions, personal data must be made available to third parties (payment service providers, banks and credit card companies). However, in this case, only those data will be made available which are absolutely required for the processing of the payment transactions. At no time will the user’s time tracking data be passed on to third parties.

(4) After the contractual relationship ends, the personal data will be deleted insofar as no legal retention obligations exist. In these cases, the data will be blocked. Data from accounts which have been used only within the trial phase will be deleted by no later than 28 days after the trial ends.

(5) Additional information about data protection and the purpose, type and scope of the collection, processing and use of personal data can be found in the Data Protection Declaration which can be reviewed by clicking on the privacy policy link.

§14 Changes to these Terms of Service

(1) Yolk reserves the right to make changes to these Terms of Service in order to, for example, make adjustments as the result of changes in legal directives or to introduce new services.

(2) The user will be notified by e-mail of changes that are made to the Terms of Service. The changes will become effective if the user does not object to the changes within six weeks after the user receives the notification. The user will be specially notified in the e-mail of the possibility of lodging an objection and the deadline for so doing.

(3) If the user objects to the changes in the Terms of Service, Yolk will have the right to terminate and end the contractual relationship with the termination to become effective at the end of the current billing month.

§15 Final provisions

(1) The law of the Federal Republic of Germany is valid while the validity of the United Nations Convention on Contracts for the International Sale of Goods will be excluded.

(2) If the user is an merchant, a juridical person under public law or a special foundation under public law, Yolk’s commercial residence will be the exclusive legal venue for all disputes arising from the contractual relationship.

(3) If provisions of these General Business Terms and Conditions should be or become invalid, this will not affect the validity of the remaining provisions.