Terms and conditions

§ 1 Scope

(1) These General Terms and Conditions (hereinafter: GTC) apply to the use of the software "Precycle Plastic Compensation" (hereinafter: "Plugin") between plastic compensation gUG, Kaiserstr. 115, 12105 Berlin, registered in the Commercial Register of the Charlottenburg District Court, under HRB 234665 B, represented by the Managing Director Maximilian Kaske.

hereinafter: "Provider" and our customer, hereinafter: "Customer".

(2) The version of the GTC valid at the time of conclusion of the contract shall apply.

(3) Deviating conditions of the customer are not valid. This also applies if the provider has not expressly objected.

§ 2 Subject matter of the contract and scope of services

(1) The subject of this contract is the permanent provision of software (plug-in) together with the granting of the rights of use described in these GTC. The plugin enables the customer to receive a financial contribution (donation) from their customers as part of the purchase process to support the collection and recycling of plastic for the benefit of the provider.

(2) The technical prerequisite for the operation of the Plugin is the operation of a functioning online store on the platform "Shopify". The customer bears sole responsibility for ensuring that the plugin is technically suitable for his online store.

(3) The Provider shall provide the services in compliance with the respective state of the art. He continuously develops the plugin and will improve them through ongoing updates. However, a service or maintenance contract is not the subject of this contract.

(4) The concrete functionality of the plugin results from the description on the platform "Shopify". The plugin is designed for store software with standard settings. If these standard settings are changed or individualized, this may result in the plugin no longer functioning properly. Customization of the plugin is not the subject of the contract.

§ 3 Conclusion of contract

The contract of use between the provider and the customer is concluded by the customer's consent to the validity of these GTC and the registration in the context of the use of the plugin.

§ 4 Rights of Use

The provider grants the customer the non-exclusive and non-transferable right to use the plugin for the duration of the contract as intended within the framework of his store software. The customer is not entitled to transfer the plugin to a third party for use, in part or in full, against payment or free of charge. The customer is expressly prohibited from subletting the plug-in.

§ 5 Registration and use of the plugin.

(1) The use of the plugin requires a registration on the platform of the operator.

(2) The contact data and other information requested during the registration process must be provided completely and correctly.

(3) The customer connects the plugin with a valid "secret key" (API key), which he/she receives on the platform. This must be kept secret at all times and is used for secure authentication to the Operator's server.

(4) The Customer undertakes to prevent unauthorized access by third parties by taking appropriate precautions. He must also ensure that access to and use of the available services is exclusively by the customer or by authorized persons. If there is a risk that unauthorized third parties have gained or will gain knowledge of the access data, the customer is obligated to report this to the provider immediately.

(5) The customer is obliged to keep the registration data up to date.

§ 6 Donations and remuneration

(1) The donations collected via the plugin are to be held in trust by the customer.

(2) The provider settles the donations on a monthly basis. The statement will be sent to the customer between the 1st and the 15th of the following month by e-mail or by post. A maximum amount of 1,500.00 EUR can be billed. The remaining amount will be carried over to the following month.

(3) The monthly donations are to be transferred by the customer to the provider by the end of the following month at the latest.

(4) The use of the plug-in is free of charge.

§ 7 Obligations of the customer

(1) The customer is obliged to inform himself about the essential functions of the plug-in.

(2) The installation of a functional hardware and software environment for the use of the plug-in is the sole responsibility of the customer.

(3) The customer is obligated to indemnify the provider and his vicarious agents from all claims of third parties that are based on an illegal use of the plugin.

§ 8 Data protection

(1) The customer is prohibited from forwarding personal data to the provider. In particular, the customer is prohibited from enabling the provider to assign the customer ID that the provider automatically receives in the course of using the plugin.

(2) Insofar as the provider receives personal data of the customer, these will only be used for the fulfillment and processing of the usage contract. This data will be treated confidentially and will not be passed on to third parties.

(3) The customer is obligated to refer to the use of the plugin in his privacy policy.

§ 9 Warranty

(1) The customer must check the plugin for obvious defects immediately upon receipt and notify the provider of any defects without delay. This applies accordingly if a defect becomes apparent later. If he omits this notification or if it is delayed, a warranty is excluded in this respect.

(2) Warranty claims are subject to a limitation period of 12 months. The limitation period begins with the download of the plug-in.

(3) An additional warranty only exists if this has been expressly agreed.

§ 10 Limitation of liability

(1) The provider is liable to the customer in all cases of contractual and non-contractual liability in the case of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, the Provider shall be liable - unless otherwise stipulated in para. 3 - only in the event of a breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely (so-called cardinal obligation), and limited to compensation for the foreseeable and typical damage. In all other cases, the liability of the provider is excluded subject to the provision in paragraph 3.

(3) The liability of the Provider for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

§ 11 Set-off, right of retention.

(1) The Customer shall not be entitled to set off any claims against claims of the Provider unless the Customer's counterclaims have been legally established or are undisputed.

(2) The customer may only exercise a right of retention if the counterclaim arises from the same contract.

§ 12 Termination

(1) The customer may terminate the usage contract by uninstalling the plugin.

(2) The provider is entitled to terminate the usage contract by email with a notice period of one month to the end of the month.

(3) The right to terminate for cause remains unaffected.

§ 13 Final Provisions

(1) Berlin is agreed as the exclusive place of jurisdiction, insofar as this is legally permissible.

(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(3) Should one or more of the provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected. In the event that a provision is invalid, this contractual relationship shall be based on a provision that comes closest to the original provision in terms of its economic objective.