By registering on getKlar.com and accepting the general terms and conditions, a contract is concluded between Placeholder UG (haftungsbeschränkt), Marktstr. 18, 80331 Munich, Germany and the person who registers via the getKlar.com website. If the person does not act in his or her own name, but for a company or another third party, the contract with the person represented is concluded. The offer from getKlar.com is aimed exclusively at companies within the meaning of § 14 BGB and not with consumers (see § 13 BGB).
Klar is offered as a software as a service (SaaS) solution. This is operated by Placeholder on its own hosting infrastructure and software. In order to use the service provided by Klar!, the customer needs an internet connection and an internet-capable device with a browser (Firefox, Chrome, Safari, Edge) in the latest, stable version.
Subject of the contract is the service that is provided through the use of the Software-As-A-Service software “Klar”. This consists in the fact that the customer stores access data to third-party systems in Klar! for the import of (exclusively anonymized) metadata, which are used for the data import. On the basis of this metadata, Klar creates analyzes, forecasts and reports using stored formulas that the customer can use to measure, analyze and improve their business operations. Placeholder does not guarantee that the use of Klar will actually improve business performance. In order to be able to provide this service, the customer stores access data or access keys (tokens) in the system for access to interfaces of third-party systems. These interfaces are used on behalf of the customer to import metadata. The list of supported third-party systems is currently Google Analytics, Google Adwords, Facebook, Outbrain, Klaviyo and Shopify. Additional third-party systems (so-called data sources or data sources) can be added or existing ones removed at the discretion of Placeholder. If this is technically possible, the customer will be informed of the planned change as soon as possible. If Klar's range of services changes to the considerable disadvantage of the customer due to the change, he has a special right of termination. Placeholder does not change the metadata imported from the data sources. Klar's analyzes and work results are based on the metadata provided by the customer. Placeholder does not guarantee a complete import of the data sets. Clear is made available to the customer as a SaaS service. Placeholder has to ensure the proper operation of the servers on which Klar is hosted, so that all Klar functions are available to the customer. If maintenance work is required on the system that leads to a temporary failure of Klar, Placeholder will try to carry out this maintenance work outside of normal office hours. Maintenance work of this kind will be announced to the customer in advance by email. Placeholder generally tries to keep these maintenance windows as short as possible. The customer agrees that third-party service providers are used to evaluate his data and that his anonymized data is transmitted to the following service providers: Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany.
In order to ensure the import of the metadata of the data sources, the customer must ensure that the access data provided by him to the interfaces of the third-party providers are correct and that the customer only provides anonymized data without any personal reference. If the access data is changed in the systems of the third party provider, the customer is responsible for changing the configuration of the access data in Klar. If Klar functions are not available to the customer (due to technical errors), the customer is obliged to inform Placeholder of this via the support channels available in the system or by email. The customer assures Placeholder that he holds all rights to the data in order to be able to transfer it to Placeholder. The customer is not permitted, subject to mandatory statutory provisions or other contractual provisions, to modify the Placeholder software in whole or in part, to reproduce, to create derivative works from it, to republish it, to disclose it or to reproduce it publicly in any other way, Clearly completely or partially to decompile, disassemble, reverse engineer or otherwise reduce to a form that is perceptible to humans.
Klar is made available to the customer free of charge in a test phase. The test phase begins with the registration on getklar.com, then applies for 30 days and is automatically extended by a further 30 days, unless it was canceled by Placeholder within 5 working days before the end of the respective test phase. The termination is sent by e-mail to the e-mail address provided by the customer when registering in the system. Should the e-mail address change, the customer must inform Placeholder immediately. After the test phase, the customer is entitled to either continue his account for a fee or the contract expires at the end of the test phase.
Placeholder is entitled to change or add to these general terms and conditions at any time, provided that Placeholder notifies the customer of the changes or additions in writing at least 6 weeks before they take effect. If the customer does not agree to the changes or additions to the contractual conditions, he can object to the changes with a period of 14 days from the date the changes or additions are intended to take effect. The objection must be in text form. If the customer does not object, the changes or additions to the contractual conditions are deemed to have been approved by him. By notifying the customer of the changes or additions to the contractual conditions, Placeholder will specifically point out the intended significance of his behavior.
Placeholder is only liable for damage of any kind in the event of willful intent or gross negligence. Placeholder is only liable for simple negligence in the event of a breach of the cardinal obligation. Any further liability for damage of any kind, regardless of the claim, is excluded. The limitations of liability also apply to placeholder's vicarious agents. The above limitation of liability does not apply to damage resulting from injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
Last updated: 18.04.2021, Version: 0.1