Terms and Conditions
Buynomics GmbH, Hohenzollernring 72-74, 50672 Cologne, Germany, as Licensor (hereinafter referred to as “buynomics” or “Licensor”) provides access to its Software as a Service solutions (“SaaS-Solutions”) towards business customers (“Licensee”). If a Licensee or any employee or representative of a Licensee subscribes to a SaaS-Solution, an agreement is concluded between Licensee and Licensor in accordance with these terms and conditions (“SaaS-Agreement”).
1. Scope of application, Subject of the SaaS-Agreement
1.1. Subject of this SaaS-Agreement are the provisioning and the maintaining of Licensor’s SaaS-Solutions – within the frame of the availability according to Section 4 –, as described with all relevant features under www.buynomics.com/solution/#product. The main features of the buynomics pricing platform, a SaaS-Solution of Licensor are:
- The platform allows users to integrate all their relevant pricing data (e.g., sales data, conjoint analyses) to be used for pricing decisions
- The platform allows users to configure their products offer and simulate the effects on sales, revenue, and profit – and choose the best option among different scenarios
- The platform helps users optimize their prices
1.2. Further services, like training or customizing are not subject to this SaaS-Agreement and may be requested separately.
1.3. The SaaS-Solutions of Licensor are only offered towards entrepreneurs within the meaning of Sec. 13 German Civil Code (i.e. entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.)
1.4 These Terms and Conditions are exclusively applicable on the usage of the SaaS-Solution. The Licensee’s Terms and Conditions are not applicable. This also applies in the event that Licensor has not expressly rejected Licensee’s Terms and Conditions.
2. Further development, Support
2.1. Licensor may further develop the range of functions of the SaaS-Solutions, unless original functionality is substantially limited thereby.
2.2. The SaaS-Solutions are free from errors, if they fulfil the functions contained in the product description of buynomics (see https://www.buynomics.com/solution/#product) as amended from time to time or separately agreed upon. Licensor does not warrant that the functions of the SaaS-Solution meet the requirements for a specific use case of Licensee, unless otherwise agreed contractually.
2.3. Licensor provides a ticket system. All error messages have to be submitted via the ticket system by Licensee. Licensee is to provide reasonable assistance to Licensor in analyzing errors, for example, through screenshot or system descriptions; Error messages are to be sent to Licensor as promptly as possible. If a SaaS-Solution is defective, Licensor shall – within a reasonable time – remedy reported errors insofar as a reported error is reproducible.
3. Rights of use, Open Source Components
3.1. The SaaS-Solutions of Licensor are protected by copyright. Licensor shall grant Licensee no rights of use and exploitation exceeding the intended use. The scope of the intended use arises from these SaaS-Agreements and the specific subscription model. Any further use, exploitation, modification and duplication shall be prohibited. Licensor is not allowed to sub-license the right to use of a SaaS-Solution.
3.2. For the operation and the use of the SaaS-Solution, the system and software requirements specified by Licensor must be complied with. Compliance with the system requirements lies solely in Licensee’s area of responsibility.
3.3. Licensee shall not be entitled to edit the SaaS-Solution or to make any changes to it. The source code shall remain solely with Licensor. The rights of Licensee to decompile according to Sections 69d and 69e German Copyright Act shall remain unaffected.
3.4. Licensee shall not be authorized to remove or change copyright notices, trademarks, ownership information as well as other features for the identification of Licensor of the SaaS-Solution.
3.5. Licensee shall be entitled to permit Licensee’s employees to use the SaaS-Solution, if such employees are registered as users according to Section 5. Licensee ensures that such employees will comply with the terms of the SaaS-Agreement. The granting of additional rights of use is solely the responsibility of Licensor. Licensee shall be liable for infringements of the terms of the SaaS-Agreement by Licensee’s employees as for Licensee’s own infringements and shall notify Licensor of any violations without undue delay. Any exceeding transfer of rights of use to third parties shall not be permitted.
Terms and conditions of commissioned data processing of Buynomics
§1 Subject matter and duration of the Data Processing Agreement
1.1. The Subject matter of this Data Processing Agreement conducted by buynomics (“Supplier”) towards any customer of buynomics (“Client”) within the frame a SaaS-Agreement and/or any further services agreement (hereinafter collectively referred to as “Service Agreement”). Client is and continues to be the controller of the processed personal data.
1.2. Nature and purpose of the intended processing of data are precisely defined in the Service Agreement.
1.3. The duration of this Data Processing Agreement corresponds to the duration of the Service Agreement.
1.4. The subject matter of the processing of personal data comprises the following data types/categories:
- Names and position of Controller’s employees
- E-Mail Addresses and Account data of Controller’s employees
- Transaction data/ payment data – which also might include personal data
1.5. The categories of data subjects comprise of:
- Client’s employees
- Client’s customers
§2 International data transfer
1.1. The undertaking of the contractually agreed processing of data shall be carried out exclusively within a member state of the European Union (EU) or within a member state of the European Economic Area (EEA), except Client has its seat outside the EU and EEA.
1.2. Suppliers does subcontract Amazon Web Services EMEA SARL, 38 avenue John F. Kennedy, L-1855, Luxembourg (“AWS”) and has selected the exclusive usage of data centers in Germany.
1.3. Each and every transfer of data to a state which is not a member state of either the EU or the EEA requires the prior agreement of the Client and shall only occur if the specific conditions of Article 44 et seq. GDPR have been fulfilled.