Terms of Service
Please read these Terms of Service for the Exolink Platform carefully and completely. By ordering a Plan you agree to these Terms of Service. The following terms of service apply between Exolink GmbH and the users (hereinafter referred to as "you") of the Exolink platform (hereinafter referred to as "Exolink"). Exolink is a low-code integration platform that makes it possible to create so-called workflows (data flows).
§ 1 Subject of the contract
(1) Exolink GmbH grants you the use of the latest version of the Exolink platform via the Internet via access through a browser in accordance with the plan you have selected: https://www.exolink.com/pricing
(2) You will receive worldwide, non-transferrable, non-sublicensable, revocable, non-exclusive rights to the most current version of Exolink for the contractually specified number of users, limited to the duration of the plan, by accessing Exolink via a browser in accordance with the contractual use regulations. You are explicitly not granted any further rights of use, such as to the software, applications or code used, in particular the source code of the software components used or the applications or the operating systems of the servers on which the Exolink software is operated. This does not apply to included open source software or other third-party components. With regard to these parts of the program, Exolink GmbH only grants you a simple right of use, which entitles you to use them as intended. A physical transfer of the software components from Exolink does not take place.
(3) You may use Exolink only for business purposes as an entrepreneur within the meaning of Section 14 BGB (Bürgerliches Gesetzbuch: Civil Code of Germany).
(4) Plan regulations take precedence over the general regulations of these Terms of Service.
§ 2 Availability
(1) Exolink GmbH guarantees an overall availability of Exolink of at least 99.9% per month at the delivery point. The customer's ability to use all main functions of Exolink within the meaning of § 1 of these Terms of Services is deemed to be availability. The measuring instruments from Exolink GmbH are decisive for the proof of availability. Announced maintenance times are considered times of availability.
(2) Exolink GmbH can update and further develop the software components of Exolink at any time and, in particular, adapt them due to a changed legal situation, technical developments or to improve IT security. Exolink GmbH welcomes your suggestions for improving Exolink at support@exolink.com; Exolink GmbH is not obliged to adapt Exolink to your individual needs or your IT environment.
(3) Exolink GmbH will take state-of-the-art measures to protect Exolink. However, Exolink GmbH does not have any custody or care obligations with regard to your data. You are responsible for adequate backup of your data. (4) If the availability defined in paragraph 1 is not reached, Exolink GmbH will refund part of the plan fee paid for one month. Reimbursement depends on the degree of shortfall and is based on the following table:
| Deviation of the actual availability from the contractually guaranteed availability in percentage points | Reimbursement |
|---|---|
| 0,1% - 0,5% | 5% |
| 0,6% - 2% | 10% |
| 2,1% - 3% | 20% |
| 3,1% - 4% | 30% |
| 4,1% - 6% | 40% |
| ab 6,1% | 50% |
The availability must be rounded to one digit after the decimal point to evaluate the reimbursement. An application for reimbursement is necessary and must be made in text form within three months after the end of the month or calendar year in question.
§ 3 Your obligations as a customer
(1) In order to use Exolink, you must first create an account. To do this, you must enter your email address in addition to your name. As soon as you want to use the functionalities of Exolink, you have to decide on one of the available plans and also enter the necessary billing and payment information.
(2) It is your responsibility to ensure that the information you transmit to us is correct and that you keep it up to date. If you enter a company as the bill-to party when booking, you confirm that you have the authority to act on behalf of the company and to accept these Terms on its behalf.
(3) You are prohibited from creating services and workflows using the functions of Exolink or otherwise using them in such a way that the processing violates applicable law, official orders, the rights of third parties or agreements with third parties.
(4) We attribute responsibility to you with regard to attempted attacks or spying on Exolink or other users of Exolink or using the functionalities of Exolink, which can be proven to be carried out via your login. You are therefore obliged to treat all security-relevant information, such as your username and password, confidentially and to protect and store it from access by third parties in accordance with the state of the art. If you have reason to believe that someone else has access to your login information, please notify us immediately at support@exolink.com so that we can temporarily suspend your account and reset your password.
(5) You assure us that the content and data you have stored on Exolink and their use and provision by Exolink GmbH do not violate applicable law, official orders, the rights of third parties or agreements with third parties. You shall indemnify Exolink GmbH against any claims asserted by any third party for breach of this paragraph upon first demand.
(6) Detected disruptions of service and malfunctions must be reported immediately to support@exolink.com.
§ 4 Liability
(1) The parties are liable without limitation in the event of intent, gross negligence and culpable injury to life, limb or health.
(2) Irrespective of the cases of unlimited liability according to paragraph 1, the parties are only liable to each other in the event of a slightly negligent breach of duty in the event of a breach of essential contractual obligations, i.e. obligations whose fulfillment makes the proper execution of the contract possible in the first place or whose breach endangers the achievement of the purpose of the contract and compliance with them the other party may regularly trust, however limited to the foreseeable, contract-typical damage at the time of conclusion of the contract.
(3) The above limitations of liability do not apply to liability under the Product Liability Act or to guarantees given in writing by a party.
§ 5 Contract Term and Termination
(1) If you want to use Exolink, you must order one of the available plans.
(2) Termination is possible for each plan at the end of the next calendar month, unless a different notice period has been agreed for the plan in question.
(3) The user can cancel the plan in his account on the Exolink platform. Alternatively, termination by email to support@exolink.com is also possible.
(4) At the time the termination takes effect, the associated data will be deleted, unless Exolink GmbH is contractually or legally obliged to keep the data longer.
(5) Exolinks right to termination without notice for important reasons remains unaffected. Important reasons for termination include, but are not limited to:
- if you attack Exolink or knowingly try or use vulnerabilities,
- if you use Exolink in a way that violates applicable law, official orders, the rights of third parties or agreements with third parties.
§ 6 Terms of Remuneration and Payment
(1) Billing always takes place at the beginning of the month using the chosen means of payment. We use stripe.com as a service provider for the commercial processing of payment for the plan.
(2) The first month of ordering the plan is calculated pro rata if the plan was not completed on the first of the month.
(3) Consumption-dependent fees (e.g. traffic) that arise beyond the mere provision will be invoiced in the following month.
§ 7 Confidentiality
(1) The parties will comply with the data protection regulations applicable to them. You can see an overview of the procedures in which we process personal data as part of the provision of services in our data protection declaration.
(2) Exolink GmbH commits to maintain secrecy about all information (including business secrets) that Exolink GmbH learns in connection with the provision of Exolink and not to disclose, pass on or use it in any other way to third parties. The obligation of secrecy does not apply if Exolink GmbH is obliged by law or official order by state authority or court decision to disclose confidential information.
§ 8 Final Provisions
(1) Should individual provisions of this contract be ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties will replace such regulations with effective and practicable regulations that come as close as possible to the sense and economic purpose as well as the will of the parties when the contract was concluded. The same applies in the event of a contractual gap.
(2) There are no verbal or written ancillary agreements to this contract.
(3) Exolink GmbH has the right to unilaterally adjust these provisions retrospectively if a change in market conditions, certain legal requirements or a supreme court ruling make it necessary to adjust the GTC. An adjustment will only be made to the extent that the previously unforeseeable events listed in sentence 1 of this paragraph necessitate an adjustment. Exolink GmbH is only entitled to change these provisions under the condition that it notifies the user of this at least six weeks before the change comes into effect. You can object to the change with a period of six weeks after receipt of the notification, otherwise the change is considered approved. Exolink GmbH must expressly point this out in the notification.
(4) German law applies to the exclusion of the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention).
(5) The Essen District Court is the exclusive place of jurisdiction for all disputes arising from or in connection with this contract.
Terms of Service Developer Plan
The developer plan is offered with the aim and purpose of testing the functionality of Exolink and developing (new) workflows.
The workflows may only be used for test purposes (fair use); integration into live or productive systems is prohibited.
The Developer Plan gives you access to all existing Exolink components, but with no guarantee of full functionality. There are no promises or reimbursement claims regarding availability.
Developer Plans are free to use. Only one developer plan can be ordered per account. The amount of data for outgoing traffic is limited to 5GB in total per month.
The workflows are automatically saved and deactivated 8 hours after the last deployment. However, they remain in the account designer, from which they can be redeployed.
Exolink GmbH reserves the right to impose further restrictions on the Developer Plan offer, such as a shorter period of use, a limited range of functions, or to discontinue the offer completely.
Exolink GmbH is only liable for intent and gross negligence. Liability for indirect and unforeseeable damage, loss of production and use, loss of profit, missed savings and financial losses due to claims by third parties is excluded in the case of simple negligence - except in the case of injury to life or health. Any further liability than in this contract is excluded - regardless of the legal nature of the asserted claim. However, the above limitations or exclusions of liability do not apply to strict liability that is mandatory by law.
