{"id":1630,"date":"2026-05-11T05:47:36","date_gmt":"2026-05-11T05:47:36","guid":{"rendered":"https:\/\/intratool.de\/terms-and-conditions\/"},"modified":"2026-08-05T07:10:23","modified_gmt":"2026-08-05T07:10:23","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/intratool.de\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"<div class=\"wpb-content-wrapper\" id=\"wpb-content-root\"><p>[vc_row row_height_percent=&#8221;0&#8243; override_padding=&#8221;yes&#8221; h_padding=&#8221;2&#8243; top_padding=&#8221;3&#8243; bottom_padding=&#8221;3&#8243; overlay_alpha=&#8221;50&#8243; gutter_size=&#8221;3&#8243; column_width_percent=&#8221;100&#8243; shift_y=&#8221;0&#8243; z_index=&#8221;0&#8243; uncode_shortcode_id=&#8221;166058&#8243;][vc_column width=&#8221;1\/1&#8243;][vc_custom_heading uncode_shortcode_id=&#8221;795359&#8243;]Terms and Conditions[\/vc_custom_heading][vc_column_text uncode_shortcode_id=&#8221;450236&#8243;]<\/p>\n<ol>\n<li class=\"li1\">The Provider makes the \u201cintratool\u201d software available to the Customer for the exchange of information with the ERP system, together with the associated storage space (hereinafter collectively referred to as the \u201cintratool system\u201d), via the TCP\/IP-based Internet at the router output of the data centre in which the server running the software is located (hereinafter also referred to as the \u201ctransfer point\u201d).<\/li>\n<li class=\"li1\">The intratool system provided can be run by the customer in an internet browser and enables access to the database configured in accordance with the customer\u2019s specifications. To this end, the Provider shall provide the customer with the data required for access (username, password) (hereinafter: the user account). The content and scope of the configuration of the intratool system and the database are agreed in the \u201cContract for the Commercial Use of the intratool System\u201d.<\/li>\n<li class=\"li1\">The data streams generated by the customer using the intratool system shall be deemed to have been successfully transmitted to the provider insofar as they reach the contractually agreed handover point. The provider is not obliged to establish and maintain the data connection between the customer\u2019s IT systems and the described handover point.<\/li>\n<li class=\"li1\">When operating the current version of the internet browser, at least the following system specifications must be met:<br \/>\n\u2013 Current browser version, e.g.: Internet Explorer \/ Firefox \/ Opera \/ Chrome \/ Safari<br \/>\nNote: The use of a firewall or programmes that restrict access to the internet via the browser may lead to conflicts with the system\u2019s functionality. The customer should therefore ensure that the necessary permissions are in place to allow the system to communicate via the internet.<\/li>\n<li class=\"li1\">The provider makes the current version of the system\u2019s user manual available for electronic retrieval by the customer at the web address \u201chttps:\/\/www.intratool.de\/dokumentation\u201d.<span class=\"Apple-converted-space\">\u00a0\u00a0<\/span>The customer can access this via the designated login form using their user account.<\/li>\n<li class=\"li1\">As part of the data hosting service, the Provider shall ensure a data backup and recovery concept in accordance with the current state of the art. Data recovery is available on an optional basis and subject to a fee upon the Customer\u2019s request within a period of 30 days<\/li>\n<li class=\"li1\">The Provider is not obliged to host the system on its own server. Upon request, it shall inform the Customer if it rents storage space from a third party for this purpose.<span class=\"Apple-converted-space\">\u00a0\u00a0<\/span>In this case, the Provider must also ensure that the server is connected to an internet interface and participates in the usual peering arrangements.<\/li>\n<li class=\"li1\">The Provider shall endeavour to adapt the system and the database to the current state of the art with regard to the security of the computer programme (security updates). In particular, the Provider must make adjustments to the system in the event of changes to legal regulations or standards, as well as technical or scientific findings, insofar as these significantly affect the functionality of the system. This obligation shall not apply if the Provider does not intend to market the system following a new development or adaptation. If the system or database covered by the contract is a computer program created by a third party, the Provider shall act accordingly without delay, provided that the developer of the system or database has granted the Provider the right to carry out a new development or adaptation.<\/li>\n<li class=\"li1\">A contract for the use of the \u201cintratool\u201d system shall only come into effect from the time when a contract has been validly concluded between the customer and the Provider and the Provider has sent the relevant access details by email to the email address specified in the contract.<\/li>\n<\/ol>\n<p>[\/vc_column_text][vc_custom_heading uncode_shortcode_id=&#8221;577438&#8243;]\u00a7 3 Rights of Use[\/vc_custom_heading][vc_column_text uncode_shortcode_id=&#8221;493338&#8243;]<\/p>\n<ol>\n<li class=\"li1\">The Provider grants the Customer a simple, non-transferable and non-sublicensable right to use the intratool system via the respective activated user accounts, limited in duration to the term of the contract. Multi-session use and multiple use of a single user account are not permitted.<\/li>\n<li class=\"li1\">The Provider grants the Customer a simple, non-transferable and non-sublicensable right, limited to the term of the contract, to electronically access and print the user manual once, as well as to make a backup copy.<\/li>\n<li class=\"li1\">If the system covered by the contract and the user manual provided are not the Provider\u2019s own services, the Provider must ensure, in relation to the Customer, that the rights of use pursuant to Sections 3(1) and (2) of these General Terms and Conditions exist. The Provider shall disclose any restrictions on the rights of use to the Custome<\/li>\n<\/ol>\n<p>[\/vc_column_text][vc_custom_heading uncode_shortcode_id=&#8221;788317&#8243;]\u00a7 4 Remuneration[\/vc_custom_heading][vc_column_text uncode_shortcode_id=&#8221;543258&#8243;]<\/p>\n<ol>\n<li>\n<p class=\"p1\">The amount of remuneration shall be determined in accordance with the mutual agreements of the parties in the contract, as well as additional agreements in accordance with the agreement on services and the configuration of the \u201cintratool\u201d system (Annex 1 to the contract: Contract for the commercial use of the \u201cintratool\u201d system).<\/p>\n<\/li>\n<\/ol>\n<p>[\/vc_column_text][vc_custom_heading uncode_shortcode_id=&#8221;108192&#8243;]\u00a7 5 Terms of payment[\/vc_custom_heading][vc_column_text uncode_shortcode_id=&#8221;160253&#8243;]<\/p>\n<ol>\n<li class=\"li1\">The Customer may issue a SEPA direct debit mandate to the Provider to simplify payments.<\/li>\n<li class=\"li1\">Objections to the invoice amount may only be raised in writing within six weeks of receipt at the specified address. The Provider shall expressly inform the Customer of the consequences of missing the deadline prior to the start of the objection period.<\/li>\n<\/ol>\n<p>[\/vc_column_text][vc_custom_heading uncode_shortcode_id=&#8221;543654&#8243;]\u00a7 6 Right to make changes[\/vc_custom_heading][vc_column_text uncode_shortcode_id=&#8221;371458&#8243;]<\/p>\n<ol>\n<li class=\"li1\">The Provider is entitled to change the fee amount provided that the Customer is notified in writing at least six weeks before the change takes effect. This entitles the customer to an immediate right of termination, which takes effect at the time of the price change. The provider must expressly draw attention to this in the notification. If the customer does not exercise this right within four weeks of receiving the notification, the change shall be deemed approved.<\/li>\n<li class=\"li1\">The Provider is also entitled to amend the General Terms and Conditions, provided that the Customer is notified in writing at least six weeks before the amendment comes into effect. The Customer may object to the amendment within four weeks of receiving the notification; otherwise, the amendment shall be deemed to have been approved. The Provider must expressly state this in the notification.<\/li>\n<\/ol>\n<p>[\/vc_column_text][vc_custom_heading uncode_shortcode_id=&#8221;400137&#8243;]\u00a7 7 Availability[\/vc_custom_heading][vc_column_text uncode_shortcode_id=&#8221;650735&#8243;]<\/p>\n<ol>\n<li class=\"li1\">The Provider is obliged to make the system available to the Customer for use via the TCP\/IP-based Internet. The system must be stored on a server in such a way that it is accessible to the customer via the Internet at all times. This obligation is fulfilled if the system is available to the customer for an average of 99% of the time over a one-month period. Downtime caused by the Provider through wilful misconduct or gross negligence shall not be taken into account when calculating availability.<\/li>\n<li class=\"li1\">Periods during which the server is unavailable due to technical or other problems beyond the Provider\u2019s control (e.g. force majeure, fault of third parties, etc.) shall not be taken into account when calculating downtime.<\/li>\n<\/ol>\n<p>[\/vc_column_text][vc_custom_heading uncode_shortcode_id=&#8221;198749&#8243;]\u00a7 8 Warranty and Liability[\/vc_custom_heading][vc_column_text uncode_shortcode_id=&#8221;454674&#8243;]<\/p>\n<ol>\n<li class=\"li1\">In the event of defects in the services provided, the customer is entitled to the statutory warranty rights in accordance with Sections 536 et seq. of the German Civil Code (BGB) under the circumstances defined therein. However, the application of Section 636a(2) of the German Civil Code (BGB) (right of self-help) is excluded. The application of Section 536a(1) of the German Civil Code (BGB) (landlord\u2019s liability for damages) is also excluded insofar as the provision provides for strict liability.\n<ol class=\"ul1\">\n<li class=\"li1\">In the event of defects in the other services to be provided by the Provider, the Customer is entitled to the warranty rights in accordance with the statutory provisions.<\/li>\n<li class=\"li1\">Defects and malfunctions must be reported to the Provider immediately, but no later than within two weeks of becoming aware of them ( ), via the service ticket system provided by email.<\/li>\n<li class=\"li1\">Only faults reported to the Provider in good time in accordance with Section 8(3) of these GTC may be regarded as defects, provided they significantly impair the operation of the system or the database and thereby significantly disrupt functionality. Liability for warranted characteristics remains unaffected. The Provider may, where appropriate, rectify any faults or other anomalies reported to the Provider in good time in accordance with Section 8(3) of these Terms and Conditions which do not impair the operation of the intratool system or database, subject to a charge.<\/li>\n<li class=\"li1\">The Provider may, where appropriate and subject to a charge, rectify any malfunctions or other anomalies reported to the Provider in good time in accordance with Section 8(3) of these General Terms and Conditions which do not significantly impair the operation of the system or the database.<\/li>\n<li class=\"li1\">The Provider warrants that both the system and the database are free from third-party rights and indemnifies the Customer against any claims by third parties in this respect. The indemnity shall apply only insofar as the Customer complies with the terms of use agreed and transferred in this contract.<\/li>\n<li class=\"li1\">The Provider shall be liable for its own acts or those of its vicarious agents only in cases of gross negligence or wilful misconduct, unless the matter concerns a breach of a fundamental contractual obligation (\u201ccardinal obligation\u201d). In the event of a breach of a cardinal obligation due to slight negligence, the Provider shall be liable for its own acts or those of its vicarious agents only for such typical damages as were foreseeable at the time the contract was concluded.<\/li>\n<li class=\"li1\">The above limitation of liability applies to both contractual and non-contractual claims. The Provider shall be liable without limitation for personal injury and for contractually guaranteed characteristics.<\/li>\n<li class=\"li1\">The Provider assumes no responsibility for the content of data collected, created and transmitted by the Customer via the intratool system. The Provider is under no obligation to check the data transmitted by the Customer for its lawfulness.<\/li>\n<li class=\"li1\">As a technical service provider, the Provider stores content and data for the Customer which the Customer enters, saves and makes available for retrieval when using the system and the database. The Customer undertakes to the Provider not to upload any content or data that is criminal or otherwise unlawful, either absolutely or in relation to individual third parties, and not to use any programmes containing viruses or other malware in connection with the software. The customer remains the data controller with regard to personal data and must therefore always verify whether the processing of such data through the use of the software is supported by the relevant legal grounds.<\/li>\n<li class=\"li1\">The Customer is solely responsible for all content used and data processed, as well as for any legal positions required in this regard. The Provider takes no notice of the Customer\u2019s content and does not, as a matter of principle, review the content used by the Customer with the software.<\/li>\n<li class=\"li1\">In this context, the Customer undertakes to indemnify the Provider against any liability and all costs, including potential and actual costs of legal proceedings, should the Provider be held liable by third parties, including the Customer\u2019s own employees, as a result of alleged acts or omissions on the part of the Customer. The Provider shall inform the Customer of the claim and, insofar as legally possible, give the Customer the opportunity to defend against the asserted claim. At the same time, the Customer shall immediately and fully provide the Provider with all information available to them regarding the facts of the matter that is the subject of the claim. Any further claims for damages by the Provider remain unaffected.<\/li>\n<li class=\"li1\">The Provider shall not be liable for any damage caused by the incompatibility of components present on the Customer\u2019s computer workstations with new or modified hardware or software, nor for system malfunctions that may arise from existing misconfigurations by the Customer or from disruptive older drivers or computer programmes that have not been completely removed. This applies in particular to any loss of data or hardware malfunctions.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<p>[\/vc_column_text][vc_custom_heading uncode_shortcode_id=&#8221;211543&#8243;]\u00a7 9 Data Backup, Data Protection and Confidentiality[\/vc_custom_heading][vc_column_text uncode_shortcode_id=&#8221;972507&#8243;]<\/p>\n<ol>\n<li class=\"li1\">The contracting parties shall each comply with the applicable data protection provisions (in particular the GDPR). This applies in particular to the general principles for lawful data processing set out in Article 5 of the GDPR.<\/li>\n<li class=\"li1\">The modules of the database or system provided by the Provider enable the processing of customer and personal data for specific purposes. The customer and its users are solely responsible for the accuracy of the data. If the customer collects, processes or uses personal data within the meaning of Article 4(1) of the GDPR, it shall ensure that it is authorised to do so in accordance with the applicable provisions, in particular data protection regulations, and shall indemnify the Provider against any claims by third parties in the event of a breach. In this respect, the agreements on data processing within the meaning of Article 28 of the GDPR apply to the Provider in accordance with Annex 5.<\/li>\n<li class=\"li1\">The Customer remains the \u201cdata controller\u201d in both a contractual and a data protection law sense. The Provider shall have no control whatsoever regarding the legal admissibility of the collection, processing and use of the data and content transmitted and stored by the Customer via the system. In particular, the Customer also assumes sole legal responsibility for any changes or additions to customer-specific data.<\/li>\n<li class=\"li1\">The database provided by the Provider is operated in a data centre. For the purposes of contract performance, the Customer grants the Provider the right to reproduce the data to be stored by the Provider on behalf of the Customer, insofar as this is necessary to provide the services owed under this contract. The Provider is also entitled to store the data in a backup system or a separate backup data centre. Furthermore, the Provider is entitled to make changes to the structure of the data or the data format in order to rectify faults. The Provider is entitled to subcontract work. In this case, the Provider shall impose upon the subcontractor the obligations agreed in accordance with this contract between the Provider and the Customer.<\/li>\n<li class=\"li1\">The parties are obliged to keep permanently confidential, not to disclose to third parties, record or otherwise exploit any information about the other party that has come to their knowledge or may come to their knowledge in connection with this contract, which is marked as confidential or which, on the basis of other circumstances, is recognisable as trade and business secrets (hereinafter: \u201cconfidential information\u201d), to keep it permanently confidential, not to disclose it to third parties, record it or exploit it in any other way, unless the other party has expressly consented to the disclosure or use in writing or the information must be disclosed by virtue of law, a court decision or an administrative decision. The information shall not constitute confidential information within the meaning of this Section 9(5) of the General Terms and Conditions if it (i) was already known to the other party without the information having been subject to a confidentiality obligation, (ii) is generally known or becomes known without breach of the confidentiality obligation undertaken, or (iii) is disclosed to the other party by a third party without breaching a confidentiality obligation. The obligation under this Section 9(5) of the General Terms and Conditions shall survive the termination of the contract.<\/li>\n<li class=\"li1\">The Provider is entitled, whilst observing data protection regulations, to process and analyse the Customer\u2019s data for internal evaluation and to measure the performance of the system and\/or the database.<\/li>\n<li class=\"li1\">For the machine translation of content, our software uses the DeepL Pro service provided by DeepL SE, Maarweg 165, 50825 Cologne. Processing takes place exclusively on the basis of a data processing agreement in accordance with Article 28 of the GDPR. DeepL does not store any content transmitted via DeepL Pro. Further information on data protection at DeepL can be found at <a href=\"https:\/\/www.deepl.com\/privacy\" target=\"_blank\" rel=\"noopener\">https:\/\/www.deepl.com\/privacy<\/a>.<\/li>\n<\/ol>\n<p>[\/vc_column_text][vc_custom_heading uncode_shortcode_id=&#8221;323763&#8243;]\u00a7 10 Term, Termination[\/vc_custom_heading][vc_column_text uncode_shortcode_id=&#8221;206723&#8243;]<\/p>\n<ol>\n<li class=\"li1\">The contract is concluded either for a term of 12 months or on a monthly basis. In the case of a 12-month term, the contract is automatically extended for a further 12 months in each instance, unless it is terminated with three months\u2019 notice to the end of the respective term. Ordinary termination is possible for the first time after the expiry of the first 12 months. In the case of contracts with a monthly term, the contract is extended by a further month in each instance, unless it is terminated with four weeks\u2019 notice to the end of the month.<\/li>\n<li class=\"li1\">The right to terminate for good cause remains unaffected. Good cause shall be deemed to exist for the provider in particular if the customer culpably breaches their obligations under the contractual relationship and it cannot reasonably be expected to wait for the notice period to expire. In the event of late payment, good cause shall be deemed to exist in particular if, despite a reminder, the customer is in default of payment, in whole or in part, for more than two months.<\/li>\n<li class=\"li1\">Any notice of termination must be given in writing (Section 126b of the German Civil Code (BGB)). Compliance with this form is a prerequisite for the validity of the termination. Fax and email do not satisfy this formal requirement.<\/li>\n<li class=\"li1\">Upon termination of the contract, the Provider shall hand over to the Customer the content and data stored by the Customer on the computer storage space, either on a data carrier or by electronic transmission.<\/li>\n<li class=\"li1\">Upon termination of the contract, the Provider is obliged to delete the content and data in its possession within four weeks of the handover of the content and data in accordance with Section 10(4) of these Terms and Conditions, unless there is a statutory obligation to retain such data. The Provider must specifically inform the Customer of this upon handover.<\/li>\n<\/ol>\n<p>[\/vc_column_text][vc_custom_heading uncode_shortcode_id=&#8221;167830&#8243;]\u00a7 11 Final Provisions[\/vc_custom_heading][vc_column_text uncode_shortcode_id=&#8221;119574&#8243;]<\/p>\n<ol>\n<li class=\"li1\">Should individual clauses be invalid, the remaining clauses shall remain valid.<\/li>\n<li class=\"li1\">A right of retention may only be asserted in respect of claims arising from the relevant contract.<\/li>\n<li class=\"li1\">The assignment of rights and obligations under this contract is only permissible with the prior written consent of the Provider. The Provider is entitled to entrust third parties with the fulfilment of the obligations under this contract.<\/li>\n<li class=\"li1\">Set-off is only permitted against claims already recognised by the other party or established by a court.<\/li>\n<li class=\"li1\">This contract is governed exclusively by German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.<\/li>\n<li class=\"li1\">The Provider may name the Customer as a reference at events and in sales discussions, and may include the Customer in its list of references.<\/li>\n<li class=\"li1\">There are no verbal side agreements. Such agreements must be in writing to be valid (Section 126b of the German Civil Code). This also applies to amendments and additions to the content of the contract.<\/li>\n<li class=\"li1\">The place of jurisdiction is Limburg if the contracting parties are merchants, legal entities under public law or special funds under public law.<\/li>\n<\/ol>\n<p>[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>All legal information at a glance.<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1630","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/intratool.de\/en\/wp-json\/wp\/v2\/pages\/1630","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/intratool.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/intratool.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/intratool.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/intratool.de\/en\/wp-json\/wp\/v2\/comments?post=1630"}],"version-history":[{"count":4,"href":"https:\/\/intratool.de\/en\/wp-json\/wp\/v2\/pages\/1630\/revisions"}],"predecessor-version":[{"id":2410,"href":"https:\/\/intratool.de\/en\/wp-json\/wp\/v2\/pages\/1630\/revisions\/2410"}],"wp:attachment":[{"href":"https:\/\/intratool.de\/en\/wp-json\/wp\/v2\/media?parent=1630"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}