(1) These terms and conditions of usage regulate the conditions under which the Yolk - Sebastian Munz & Julia Soergel GbR (hereafter referred to as “Yolk”) provides use of the mite web service (hereafter referred to as “mite”).
(2) Any alternative terms and conditions of business of the user shall not apply unless these have been expressly approved by Yolk.
(3) Before completion of the registration, the user has the opportunity to read the conditions of these general terms and conditions of business, to print them and/or to save them.
§2 Services of Yolk
(1) Yolk provides mite, a service to track and analyze working time.
(2) mite is a web service made accessible through the internet. The access to the internet is not a service offered within the mite service by Yolk.
(3) Yolk reserves the right to expand or improve services at any time. The user understands that he shall not claim more functionality/services than described in paragraph 1.
§3 Conclusion of contract and free trial
(1) A contract is concluded after the successful completion of registration of the user. A registration is successfully completed when the user confirms the registration (e.g. by calling an activation link in an e-mail). With the successful completion of registration, a contract is concluded which is subject to charge. The use of mite costs €5.00 per month (including 19% VAT, €4.20 excluding VAT) for each user.
(2) The user can use mite for free for 30 days. If the user does not enter his payment data under the Account tab after the 30-day trial, the user will not be charged. If the user enters his payment data after the 30-day trial period, Yolk will retroactively charge the user with the monthly cost for the mite service.
(3) If the user has not entered his payment data after 30 days the account will be set to "read-only". At least 14 days after expiration of the 30-day trial the account will be disabled. The contract agreement will be cancelled retroactively, the user will not be charged. Not later than 28 days after the 30-day trial period all data of the account will be deleted.
(4) The contract runs for an indefinite period.
§4 Right of cancellation for consumers
(1) Cancellation Policy:
If the user is a consumer under the law (§ 13 German Civil Code) he may cancel his contractual declaration within two weeks, without specifying reasons for so doing, in textual form (e.g. by letter, fax, e-mail). The period begins on receipt of this instruction in textual form, although not before the signing of the contract and not before the fulfillment of our information obligations in accordance with § 312c clause 2 of the German civil code in conjunction with § 1 clauses 1, 2 and 4 of the German civil code InfoV. The cancellation is to be addressed to:
Yolk - Sebastian Munz & Julia Soergel GbR
Consequences of Cancellation
(for users who registered after the 4th of August, 2009)
In the event of an effective cancellation, the services received by both sides are to be returned and any benefit drawn (e.g. interest) is to be released. If you are unable to return the service received either in full or in part or if you are able to return it only in a deteriorated condition, you must compensate us accordingly for the loss of value. This might result in an obligation to pay the charges that have accumulated until the effective cancellation. Obligations for the refunding of payments must be fulfilled within 30 days. The period begins on dispatch of the cancellation declaration for you, and on receipt of the same for us.
Your right to cancel shall expire prematurely if the contract is fulfilled completely by both parties due to your express consent before you exercised your right of cancellation.
- End of the cancellation policy -
(2) The user understands that the right of cancellation pursuant § 312b of the German civil code does not apply to accounts used on a commercial basis. The 30-day trial period shall remain unaffected.
§5 Obligations of users
(1) The user is obliged to provide information in the context of the account creation or change will be, truthfully, if mite is to be used after the end of the free trial.
(2) The user is obliged to comply with all applicable laws and legislation of the Federal Republic of Germany.
(3) In particular, the user shall not
- publish or use unlawful, defamatory, clearly pornographic or other objectionable content
- use technical tools or methods, that can affect or impart the operation of the mite service (software, scripts, bots, etc.)
(4) Yolk is entitled to immediately delete content by the user that is unlawful and / or abusive.
(5) The user is obliged to protect his access data against the disclosure to third parties.
§6 Rights of use
(1) Yolk gives users a simple (not sub- and not transferable) right of use of the mite service and software during the term of the contract under the following conditions.
(2) mite is a web service (software as a service). A release of the software to the user does not take place.
(3) In case of new versions, updates, upgrades or other changes of the mite service the foregoing rights shall apply to these changes.
§7 Payment / Billing
(1) The monthly fee for the use of mite is due at the end of the respective billing month. The payment is made by debit or credit card payment.
(2) The user has to ensure that the bank or credit card account from which the amount is debited has the required coverage. The user can be charged with the additional costs if a payment fails due to circumstances the user is responsible for.
(3) Users are provided with monthly invoices in PDF format.
§8 Availability of service
The user understands that Yolk does not warrant the uninterrupted availability of mite service. Yolk ensures that the service mite as described in section 2 paragraph 1 is at least available 95% of the time on average per year.
§9 Limitation of liability
(1) Yolk shall have unlimited liability for all damages caused by Yolk in the case of willful intent or gross negligence.
(2) In the case of slight negligence, Yolk shall have unlimited liability in the event of injury to life body or health.
(3) Liability under product liability law remains unaffected.
(4) Otherwise, Yolk shall be liable only where Yolk is in breach of an essential contractual obligation. Here, the notion of an essential contractual obligation refers to such obligations of which the fulfillment enables the proper execution of the contract at all and where the customer may ordinarily depend on said fulfillment. In these cases, liability is limited to compensation for predictable, typically occurring damage.
(5) If the liability of Yolk is precluded or limited by the aforementioned regulations, this also applies for the vicarious agents of Yolk.
§10 Privacy / Data protection
(1) The personal data of the user that are required for the execution and processing of the services and offers from mite are collected, stored and processed in accordance with the applicable laws and legislations of the Federal Republic of Germany.
(2) Personal data of user will principally not be disclosed to third parties. For the processing of payments it is necessary to disclose user data to third parties (Payment Providers, Banks, Credit Card Processors etc.). Disclosure of personal data to third parties is limited to the necessary extent. Content data stored by the user (time tracking data) will never be disclosed to third parties.
(3) After termination all personal identifiable data will be deleted. Preservation periods laid down in law shall remain unaffected.
§11 Termination / Cancellation
(1) The user may terminate the contract for the use of mite anytime to the end of the current billing month. The user may deliver notice of termination under the Account tab. Alternatively a notice of termination can be send in writing or by e-mail to Yolk.
(2) The user may download copies of all his data in XML format from his mite.account. Time entries can be exported in XLS or CSV format. The user will ensure that he downloads copies of all his data before the end of the contract. After a period of 7 days after the end of the last billing month, the account of the user and all his data will be deleted.
(3) Yolk may terminate the contractual agreement with the user for any or no cause, which shall be effective after three months to the end of a billing month.
(4) If the user is in arrears with the amount of the monthly payment for more than 4 weeks, Yolk may terminate the contract agreement to the end of the current billing month. Claims of resulting from the current use of mite by the user shall remain unaffected.
(5) In case of improper use (cf. section 5, paragraph 3) of the web service mite, which leads to significant degradation of services to third parties, Yolk may terminate the contract agreement with immediate effect.
(6) The users right of extraordinary termination shall remain unaffected.
During the term of the contract, the user receives technical advice and information about support services and the scope of the claimed performance and any other information regarding mite service via e-mail. The user may unsubscribe from the newsletter at any time by changing the settings in his profile or sending an e-mail to mite.
(1) Yolk reserves the right to modify these terms and conditions of usage. This can especially take place in cases of necessary adjustments to legal regulations and/or introduction/implementation of new services.
(2) Users will be informed by e-mail of any modifications to the terms and conditions of usage. The modifications shall take effect between the parties if the user raises no objection to the modifications within 14 days of receipt of the information. In the e-mail, Yolk will advise separately of the option to object and the deadline for so doing.
(3) Should a user object to the modification of the terms and conditions of usage, Yolk is entitled to terminate and end the owner-user relationship at the time of the planned commencement of the modifications.
§14 Final provisions
(1) The law of the Federal Republic of Germany applies and the validity of the UN SISG is excluded.
(2) Place of jurisdiction shall be, as far as permitted by law, the residence of Yolk.
(3) Should terms or conditions of these general terms and conditions of business be or become invalid, this shall not affect the validity of the remaining terms and conditions.
Status: August 4th, 2009