Terms of Use

Software Terms of Use

These Terms of Use apply to our website at https://picasi.com, our web-based tool at https://picasi.app, as well as all other offerings of Picasi GmbH, unless they are subject to separate terms of use.

The German version of these Terms of Use shall be legally binding; this English version is provided solely for better understanding.

The German version of these Terms of Use shall be legally binding; this English version is provided solely for better understanding. The German version is available at /de/software-nutzungsbedingungen.

1 Services

1.1 The provider shall make the contractual services, in particular access to the software, available within its sphere of control (from the data center’s interface to the Internet onward). The scope of services, quality, intended purpose, and conditions of use of the contractual services are set out in the respective service description and, additionally, in the software user documentation.

1.2 Any services beyond this scope, such as the development of customer-specific solutions or required customizations, shall require a separate agreement.

1.3 The provider may make updated versions of the software available.

The provider shall inform the customer electronically about updated versions and corresponding usage instructions and shall make them available accordingly.

2 Scope of Use

2.1 The contractual services may only be used by the customer and only for the purposes agreed in the contract. During the term of the contract, the customer may access the contractual services by means of telecommunications (via the Internet) and use the functionalities associated with the software in accordance with the contract by means of a browser or another suitable application (e.g. an “app”). The customer shall not receive any further rights, in particular to the software or any infrastructure services that may be provided in the respective data center. Any use beyond this requires the provider’s prior written consent.

2.2 In particular, the customer may not use the software beyond the agreed scope of use, allow third parties to use it, or make it accessible to third parties. In particular, the customer is not permitted to reproduce, sell, temporarily transfer, rent, or lend the software or parts thereof.

2.3 The provider is entitled to take reasonable technical measures to protect against use that is not in accordance with the contract. Such measures may not impair the contractual use of the services more than insignificantly.

2.4 In the event that a user exceeds the scope of use in breach of contract or in the event of unauthorized transfer of use, the customer shall, upon request, promptly provide the provider with all information available to it for the assertion of claims arising from the non-contractual use, in particular the name and address of the user.

2.5 The provider may revoke the customer’s authorization to access and/or terminate the contract if the customer significantly exceeds the permitted use or violates provisions intended to protect against unauthorized use. In connection with this, the provider may interrupt or block access to the contractual services. As a rule, the provider must first grant the customer a reasonable period to remedy the situation. The mere revocation of access authorization shall not simultaneously constitute termination of the contract. The provider may maintain revocation of access authorization without termination only for a reasonable period, up to a maximum of 3 months.

2.6 The provider’s claim to remuneration for use exceeding the agreed scope of use shall remain unaffected.

2.7 The customer shall have a right to reinstatement of the access authorization and access option after demonstrating that it has ceased the non-contractual use and prevented future non-contractual use.

3 Availability, Defects in Performance

3.1 The availability of the services provided is set out in the service description.

3.2 In the event of only an insignificant reduction in the suitability of the services for contractual use, the customer shall have no claims for defects. The provider’s strict liability for defects that already existed at the time of conclusion of the contract is excluded.

3.3 Section 578b of the German Civil Code (BGB) shall remain unaffected.

4 Data Protection

4.1 Insofar as the provider may access the customer’s personal data or personal data from the customer’s sphere, the provider shall act exclusively as a processor and shall process and use such data only for the performance of the contract. The provider shall observe the customer’s instructions regarding the handling of such data. The customer shall bear any adverse consequences of such instructions for the performance of the contract. The customer shall agree with the provider the details of the provider’s handling of the customer’s data in accordance with data protection requirements.

4.2 The customer shall remain the controller both generally within the contractual relationship and within the meaning of data protection law. If the customer processes personal data in connection with the contract (including collection and use), the customer shall be responsible for ensuring that it is authorized to do so under applicable law, in particular under data protection law, and shall indemnify the provider against third-party claims in the event of a violation.

4.3 As between the provider and the customer, the following applies: vis-à-vis the data subject, responsibility for the processing (including collection and use) of personal data lies with the customer, unless the provider is responsible for any claims by the data subject due to a breach of duty attributable to the provider. The customer shall responsibly review, process, and respond to any inquiries, applications, and claims by the data subject. This shall also apply if the data subject asserts claims against the provider. The provider shall support the customer within the scope of its obligations.

4.4 The provider guarantees that the customer’s data shall be stored exclusively within the territory of the Federal Republic of Germany, in a member state of the European Union, or in another contracting state of the Agreement on the European Economic Area, unless otherwise agreed.

5 Customer Obligations

5.1 The customer shall protect the access authorizations assigned to it or to the users, as well as identification and authentication information, against access by third parties and shall not disclose them to unauthorized persons.

5.2 The customer is obligated to indemnify the provider against all third-party claims based on infringements of rights resulting from unlawful use of the subject matter of the services by the customer or with the customer’s approval. If the customer becomes aware, or should become aware, that such an infringement is imminent, the customer is obligated to inform the provider without undue delay.

5.3 The customer shall use the options provided by the provider to back up its data within the customer’s own sphere of responsibility.

6 Non-Contractual Use, Damages

For each case in which a contractual service is used without authorization within the customer’s sphere of responsibility, the customer shall pay damages in the amount of the remuneration that would have been incurred for contractual use within the minimum contract term applicable to that service. The customer reserves the right to prove that it was not responsible for the unauthorized use or that no damage or significantly lower damage was incurred. The provider shall remain entitled to assert further damages.

7 Incident Management

7.1 The provider shall accept incident reports from the customer, assign them to the agreed incident categories (Section 7.3), and carry out the agreed measures for analyzing and remedying incidents based on this classification.

7.2 During its usual business hours, the provider shall accept proper incident reports from the customer and assign each report an identifier. At the customer’s request, the provider shall confirm receipt of an incident report and communicate the assigned identifier.

7.3 Unless otherwise agreed, the provider shall assign accepted incident reports, after an initial review, to one of the following categories:

1. Serious Incident
   The incident is based on an error in the contractual services that makes use of the contractual services, in particular the software, impossible or only possible with severe restrictions. The customer cannot reasonably circumvent this problem and therefore cannot complete urgent tasks.
2. Other Incident
   The incident is based on an error in the contractual services that restricts the customer’s use of the contractual services, in particular the software, more than insignificantly, without constituting a serious incident.
3. Other Report
   Incident reports that do not fall into categories a) and b) shall be assigned to the category of other reports. Other reports shall only be handled by the provider in accordance with the agreements made for them.

7.4 In the case of reports concerning serious incidents and other incidents, the provider shall without undue delay initiate appropriate measures on the basis of the circumstances communicated by the customer in order first to localize the cause of the incident.

If, after initial analysis, the reported incident proves not to be an error in the contractual services, in particular the software provided, the provider shall inform the customer thereof without undue delay.

Otherwise, the provider shall initiate appropriate measures for further analysis and remedy of the reported incident or, in the case of third-party software, shall forward the incident report together with its analysis results to the distributor or manufacturer of the third-party software with a request for remedy.

The provider shall promptly make available to the customer any measures available to it for circumventing or remedying an error in the contractual services, in particular the software provided, such as instructions for action or corrections to the software provided. The customer shall promptly implement such measures for circumventing or remedying incidents and shall promptly report to the provider any remaining incidents in connection with their use.

8 Contact Point (Hotline)

8.1 Contractual Services

The provider shall establish a contact point for the customer (hotline). This contact point shall handle the customer’s inquiries in connection with the technical requirements and conditions for the use of the software provided, as well as individual functional aspects.

8.2 Acceptance and Handling of Inquiries

A prerequisite for the acceptance and handling of inquiries is that the customer designates to the provider appropriately qualified personnel, both professionally and technically, who are internally responsible at the customer for handling inquiries from users of the software provided. The customer is obligated to submit inquiries to the hotline only through such personnel designated to the provider and to use the forms provided by the provider. The hotline shall accept such inquiries by email, online chat, or reporting form during the provider’s usual business hours.

The hotline shall process proper inquiries in the ordinary course of business and answer them where possible. In responding, the hotline may refer to documentation and other training materials for the software provided that are accessible to the customer. If the hotline is unable to answer an inquiry, or unable to do so in a timely manner, the provider shall, where expressly agreed, forward the inquiry for further handling, in particular inquiries relating to software not manufactured by the provider.

Any services of the hotline beyond this, such as different contact hours and response times, standby duties, or on-site deployments by the provider at the customer’s premises, must be expressly agreed in advance.

9 Contract Term and Termination

9.1 The contractually agreed services shall be provided from the date specified in the contract, initially for the duration of the term agreed in the contract. Ordinary termination by either party prior to the expiry of this minimum term is excluded.

9.2 The contract may be terminated at any time with effect as of the end of the then-current term. If this does not occur, the contract shall be extended by one additional year in each case.

9.3 The right of each contracting party to extraordinary termination for good cause shall remain unaffected.

9.4 Any notice of termination must be in writing or declared via the software provided in order to be effective. Section 8.4 of the General Terms and Conditions shall apply.

9.5 Before termination of the contract, the customer shall be responsible for backing up its data in due time (e.g. by download). Upon request, the provider shall support the customer in doing so; Section 4.4 of the General Terms and Conditions shall apply. After termination of the contract, the customer will regularly no longer have access to such data, including for data protection reasons.

10 Applicability of the General Terms and Conditions

In addition, our General Terms and Conditions shall apply.

Last updated: March 2025