Terms of Service
The subject of the contract
The provider Yiftach Freeman, hereinafter referred to as Reelio, provides its customers with SaaS services via the Internet in the field of business software.
The subject of the contract is:
the provision of the provider’s software for use over the Internet and
the storage of customer data (data hosting)
the provision of content (data delivery)
For the duration of this contract, the provider makes the Reelio software solution available to the customer in the current version over the Internet for use against payment. For this purpose, the provider saves the software on a server that can be accessed by the customer via the Internet.
After further development, the current range of functions of the software results from the service description on the provider’s website at: www.Reelio.io
The provider continuously monitors the functionality of the software and immediately eliminates all software errors according to the technical possibilities. In particular, there is an error if the software does not fulfill the functions specified in the service description, delivers incorrect results, terminates the run in an uncontrolled manner, or does not work properly in any other way so that the use of the software is impossible or restricted.
The provider is constantly developing the software and will improve it through ongoing updates and upgrades.
Rights to Use the Software
The provider grants the customer the non-exclusive and non-transferable right to use the software specified in this contract for the duration of the contract as part of the SaaS services as intended.
The customer may only reproduce and edit the software to the extent that this is covered by the intended use of the software according to the current service description. The necessary duplication includes loading the software into the main memory, but not the even temporary installation or saving of the software on data carriers (hard disks or similar) of the hardware used by the customer.
The customer is not entitled to make this software available to third parties for use against payment or free of charge. The customer is therefore expressly not permitted to sublet the software.
The customer undertakes to structure any contractual relationships with third parties in such a way that free use of the software is excluded.
The provider gives the customer a defined storage space on a server to store his data. If the storage space is no longer sufficient to store the data, the provider will inform the customer in good time and, if additional storage space is ordered, make it available as soon as possible. If the storage space is exhausted, no further data will be saved.
The provider ensures that the stored data can be accessed via the Internet.
The customer is not entitled to allow a third party to use this storage space in whole or in part, for a fee or free of charge!
The customer undertakes not to store any content on the storage space whose provision, publication, and use violate applicable law or agreements with third parties.
The provider is obliged to take appropriate precautions against data loss and to prevent unauthorized access by third parties to the customer’s data.
The customer transfers to the provider a non-exclusive, non-transferable right to store, change, make available to third parties, multiply, disseminate, and use the customer’s data at his own discretion, provided that the use of the data by the Provider does not harm the customer and data protection is guaranteed. This applies in particular to video-like data and associated metadata of the customer. In any case, the customer remains the copyright holder of the data and can therefore request the provider to delete individual or all data after the termination of the contract.
Support & Customer Service
The provider will answer inquiries (by e-mail or telephone) from the customer regarding the use of the contractual software and other SaaS services within the business hours published on the website www.Reelio.io as soon as possible after receipt of the respective question by telephone or in writing.
impairment of accessibility
Adaptations, changes, and additions to the contractual SaaS services as well as measures to identify and rectify malfunctions only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
The basic functions of the SaaS services are monitored on a daily basis. The maintenance of the SaaS services takes place from Monday to Friday 08:00 a.m. to 07:00 p.m. In the case of serious errors – the use of the SaaS services is no longer possible or seriously restricted – the maintenance is carried out as soon as possible after knowledge or notification by the customer. The provider will inform the customer of the maintenance work in good time and carry it out as quickly as possible.
The availability of the individual SaaS service is 99% on an annual average.
The customer is obliged to prevent unauthorized third-party access to the software by taking suitable precautions. For this purpose, the customer will, if necessary, inform his employees about compliance with copyright law. In particular, the customer will request its employees not to make any unauthorized copies of the software.
The customer is responsible for entering and maintaining the data and information required to use the SaaS services – without prejudice to the provider’s obligation to back up data.
The customer is obliged to check his data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
When using the SaaS services for the first time, the customer must generate a “User ID” and a password himself, which are required for further use of the SaaS services. The customer is obliged to keep log-in data, user IDs, and password secret and not to make them accessible to third parties.
The customer undertakes to pay the provider the agreed monthly fee plus statutory VAT for the software transfer and data hosting.
The provider will send the customer an invoice for the contractually owed fee.
The provider is entitled to adjust the fees and service content by written notification to the customer with a notice period of 1 month, provided this is reasonable for the customer. The prerequisite and reasons for such a change in performance are, in particular, technical progress and the further development of the software. The change will be in the manner and extent to which the scope and performance of the software will be changed. If the customer does not want to continue the contract at the changed tariffs, he is entitled to extraordinary written termination with a notice period of 14 days at the time of the change.
The provider guarantees the functionality and operational readiness of the SaaS services.
The customer undertakes to indemnify the provider against all claims by third parties based on the data stored by him and to reimburse the provider for the costs that arise due to possible violations of the law.
The provider is entitled to block the storage space immediately if there is reasonable suspicion that the stored data is illegal and/or infringes the rights of third parties. There is a justified suspicion of illegality and/or a violation of the law if courts, authorities, and/or other third parties inform the provider of this. The provider has to inform the customer of the distance and the reason for it immediately. The ban must be lifted as soon as the suspicion has been refuted.
The SaaS contract is concluded for an indefinite period. The contractual relationship begins with the application and registration by the customer and can be terminated monthly or annually by both parties, depending on which tariff the customer has chosen.
The parties are free to terminate the contract immediately for important reasons. An important reason for the immediate termination of this contract is for the provider in particular if the customer
falls into bankruptcy or the opening of bankruptcy was rejected for lack of assets,
is in arrears with payment obligations from this contractual relationship to the extent of at least one monthly fee and he has been unsuccessfully reminded, setting a grace period of two weeks and threatening to terminate the contract,
culpably violates legal regulations or encroaches on copyrights, industrial property rights, or naming rights of third parties when using the contractual services
when using distributed services for the purpose of promoting criminal, illegal, and unethical activities.
The provider undertakes to inform him about all of the preparation, implementation, and fulfillment of this Vto maintain the strictest secrecy about confidential transactions that have come to our knowledge, in particular business or trade secrets of the customer, and neither to pass them on nor to exploit them in any other way. This applies to any unauthorized third party, i.e. also to unauthorized employees of both the provider and the customer, provided that the disclosure of the information is not necessary for the proper fulfillment of the provider’s contractual obligations. In cases of doubt, the provider is obliged to ask the customer for consent before such a transfer.
The provider undertakes to agree on a regulation with the same content as the above paragraph 2 of this contract point with all employees and subcontractors employed by him in connection with the preparation, implementation, and fulfillment of this contract.
Reelio.io is entitled to name the customer as a reference and to use general information about the agreed contract in an appropriate manner for marketing and sales purposes.
Unless a stricter form is stipulated in this contract or by law, all notifications must be sent in writing to the addresses provided. The transmission via fax or e-mail satisfies the written form requirement.
The contracting parties are obliged to inform the other contracting party of changes of address without delay, otherwise, notifications to the address last notified in writing shall be deemed to have been received with legal effect.
In the event of the total or partial ineffectiveness of individual clauses of the present agreement, any ineffective provisions are to be reinterpreted, supplemented, or replaced in such a way that the economic purpose pursued with the ineffective provision is achieved. The same applies in the event that there are any loopholes in this agreement.
Jurisdiction & Choice of Law
With regard to all legal relationships arising from this contractual relationship, the parties agree on the application of the law of the Swiss Confederation to the exclusion of the regulations of private international law (IPR) and the uniform UN sales law (CiSG).
Karlsruhe is agreed as the exclusive place of jurisdiction for all disputes that arise within the framework of the processing of this contractual relationship.
Attachments are part of the contract.
Any natural and/or legal person who is different from the contractual partners in the legal sense is considered a third party within the meaning of this contract.
Any legal transaction fee is to be borne by the customer.
Karlsruhe, February 22, 2022
Reelio is an internet service provided by:
Yiftach Freeman, bat ayin, Israel
General Terms and Conditions 02/2022