Terms

Effective 2021-08-05

By using the Seatsurfing.de software or, alternatively, by creating an account at Seatsurfing.de, you are agreeing to the following terms and conditions.

Preamble

This Agreement governs the relationship between the licensee (hereinafter: Licensee) and Seatsurfing.de (limited liability), represented by Heinrich Peuser (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using the Seatsurfing.de application and apps (hereinafter: The Software) created and owned by Licensor, as detailed herein.

License Grant

Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Commercial, Royalty free, Without the rights to create derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.

Licensee may use Software for its intended purpose.

Scope of services

Licensor provides the Software with the following functionalities:

  • An app for the mobile operating systems Apple iOS and Google Android, which can be used by Licensee and his employees to book spaces and rooms within the facilities of Licensee.
  • A web browser based interface for managing the spaces, the users and several settings.

Licensor hereby reserves the right to improve the application by adding features, to modify existing features or to entirely remove features from the Software.

Licensee has no right to demand modifications or additional functionality.

Cost

Licensor provides the Software free of charge.

Licensor reserves the right to provide the Software fee-based, either additionally or instead of the current terms.

The fees of the valid rates at the time of the service provision will apply, which can be viewed at the Software’s website (https://seatsurfing.de).

Data Privacy and Data Protection

For services run centrally by Licensor on his servers, the current privacy policy applies. These can be viewed at: https://seatsurfing.de/privacy-policy/

Licensee warrants that he applies the necessary data protection regulations when using the Software.

Rights and Obligations

Licensee is not entitled to be provided with the Software’s source code

The Software is provided to be run on Licensee’s servers. Provisioning and operation of the required servers and services is conducted by Licensee. Mobile apps for iOS and Android are provided in the corresponding App Stores by Licensor at his own discretion.

The Software is provided “as is”. Licensee has no right to demand assistance, support, maintenance or updates. Nothing in this agreement shall be construed to olige Licensor to deliver support or patches for failures, outages, defaults or other errors in the Software.

Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor’s request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.

Licensee has the right to use the Software within his own organisation or his own enterprise and to provide access to his members or employees in this context. Licensee if expressly not allowed to provide the Software to any 3rd party, whether free of charge or otherwise.

Liability

To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.

Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.

The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s devices and servers.

Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software’s incompatibility, performance, results and features, and warrants that he inspected the The Software.

As The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.

Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor’s intellectual property rights or Licensor’s title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.

Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge within the agreed validity of the license; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.

Severability Clause

Should individual terms of this contract be or become inoperative, this will not affect the remaining terms of this contract.

The ineffective or unworkable provision is replaced by an effective and workable provision the effects of which come closest (primarily) to the association’s purpose and (secondarily) to the purpose of the ineffective or unworkable provision. The aforementioned provisions shall apply accordingly in the event that the contract is shown to have omissions.

Governing Law, Jurisdiction

Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.

This Agreement is subject exclusively to German law with the exception of private international law. The place of contractual fulfilment and exclusive court of jurisdiction for both parties is Frankfurt am Main, Germany.