• Gleea Educational Software GmbH, Hubert-Dammert-Str. 1, 86836 Klosterlechfeld
  • hereinafter provider
• Updated: 2023-11-11

§1 Area of application

1. These General Terms and Conditions (GTC) apply to the use of gleea.cloud by the customer in accordance with the current product description.
2. The software is operated by the provider as a web-based SaaS software or cloud solution. The customer is enabled to use the software stored and running on the servers of the provider or a service provider commissioned by the provider via an Internet connection for its own purposes during the term of the user relationship and to store and process its data with its help and to integrate elements of the software, such as registration forms, into its own website.
3. These GTC apply exclusively. The customer’s contractual terms and conditions shall not apply. Counter-confirmations by the customer with reference to his own terms and conditions are expressly rejected.

§2 Start and term of the user relationship

1. The term of the user relationship shall commence on the agreed date, but at the earliest upon confirmation of the offer by the customer, and shall be concluded for an indefinite period.
2. Depending on the selected billing cycle, the minimum term of the user relationship is
   1. 1 month, for monthly billing, or
   2. 12 months for annual billing.
3. The notice period at the end of the minimum contract term is two weeks.
4. The contractual relationship may be terminated at any time after expiry of the minimum term by giving two weeks’ notice.
5. Both parties reserve the right to extraordinary termination for good cause, provided that the necessary requirements are met. Good cause exists in particular if the customer is more than two months in arrears with payment of the remuneration.

§3 Usage rights

1. The customer is granted a non-exclusive license for the duration of the usage relationship, unübertragbares, nicht unterlizenzierbares und entgeltliches Nutzungsrecht an der in §1 genannten SaaS-Software für seine eigenen Zwecke eingeräumt. Die Bestimmungen dieses §3 regeln die Benutzungsrechte des Kunden abschließend.
2. The right of use exclusively includes the right to use the SaaS software as listed in §1 by remote access via a data line for the customer’s own purposes during the usage times and to the extent specified in the Annex. Under no circumstances may the use be made in an unlawful manner or for unlawful purposes (including infringement of third-party property rights or use of unlawfully obtained or processed data). The customer shall indemnify the provider against all costs, expenses and liability incurred by the provider as a result of such unlawful use. The Provider is entitled to delete unlawful data without further notice.
3. The costs of remote access by the customer (in particular for the required end devices and the customer’s connection costs) shall be borne by the customer and the customer alone shall be responsible for the availability of the telecommunications connection. The transfer point for the use of the SaaS software and the associated data is the router output of the provider’s data center.
4. By granting the customer the right to use the SaaS software, the provider also grants the customer the right to use the SIMPLY RESCUE app (im Folgenden App) ein. Die App kann kostenlos über den Apple AppStore und Google Play heruntergeladen werden. Eine darüberhinausgehende Vervielfältigung der App ist nicht gestattet.

§4 Licenses and plans

The following license plans are available:

1. Rescue Made Simple Community
   1. Community licenses are always free of cost.
   2. With a community license, individual users can create and use scenarios together in study groups with a limited number of members.
   3. Users can be added to the team via a shared license code until the user limit is reached.
   4. If a user leaves a team, the place can be given to another user.
2. Rescue Made Simple Team
   1. The team subscription enables the use of the scenario editor with a limited number of users for a fixed flat rate according to the offer.
   2. Users can be added to the team via a shared license code until the user limit is reached.
   3. If a user leaves a team, the place can be given to another user.
3. Rescue Made Simple Professional
   1. The Professional subscription offers organizations extended management functions and is licensed per user.
   2. Users are divided into students and teachers:
      1. Teachers have access to the institution and course administration.
      2. Students can be assigned to courses and complete scenarios that are part of the courses.
   3. Users can be added via individual license codes.
   4. If a user leaves an institution, the license code can be reused.
4. Rescue Made Simple Enterprise
   1. The Enterprise subscription offers large organizations the full range of Institution Management functions and is licensed per user or on a flat-rate basis according to a customer-specific offer.
   2. Users are divided into students and teachers:
      1. Teachers have access to the institution and course administration.
      2. Students can be assigned to courses and complete scenarios that are part of the courses.
   3. Users can be added via individual license codes.
   4. If a user leaves an institution, the license code can be reused.

§5 Remuneration

1. In return for the provider’s services, the customer must pay a corresponding fee (with the exception of community licenses).
2. The remuneration shall be paid in advance for the agreed term. If additional licenses are ordered during the term, the license fees shall be calculated pro rata for the remaining term.
3. The remuneration shall be due on a recurring basis in accordance with the agreed billing cycle, unless notice of termination is given in due time.
4. Licenses already paid for cannot be refunded.
5. The provider shall provide the customer with an invoice for each individual invoice, which shall be sent to the customer by e-mail or post or made available electronically for download.
6. The prices specified in the respective offer shall apply. If no offer is available, the current list prices published at https://gleea.de/preise/ shall apply.
7. The invoiced remuneration must be paid in full by the customer within 30 days of receipt of the invoice.
8. Unless otherwise indicated, prices are quoted as gross prices including statutory VAT.

Availability and service

1. The provider shall provide the customer with the software with an availability of 99% on a monthly average.
2. The provider shall always offer the software in the current version. The Provider shall inform the Customer of the changes at the latest at the time of an update if these have a significant impact on the use of the software. The software is regularly updated only between 8 p.m. and 6 a.m.. The provider is not obliged to make the software available during an ongoing update process.
3. The provider may also interrupt the provision of services outside the periods specified in section 2 in order to carry out maintenance work. These periods shall not be taken into account when calculating the availability rate. The customer shall be informed of the measures if the interruption lasts more than 10 minutes.
4. The provider shall provide the customer with a customer service department by e-mail at [email protected] for the elimination of technical faults and the rectification of errors that arise during the use of the software.
5. The fee for the aforementioned standard maintenance services is included in the regular remuneration for the use of the SaaS software in accordance with §5. Further maintenance services that go beyond the standard maintenance services mentioned (e.g. development of individual solutions) shall be offered to the customer within the framework of a contract to be concluded separately and shall be invoiced additionally.

§7 Prohibitions of use

1. Neither the customer nor the users who access the provider’s services via the customer are authorized to use the services in a way that is prohibited to the customer by law, legal regulations or official orders known to the customer, or to infringe the rights of others.
2. Under no circumstances may the software be used in direct connection with the treatment of patients or as a basis for treatment decisions.
3. No personal data of natural, living persons may be used within the scope of the data entered by the customer (e.g. case studies or course descriptions). Furthermore, no content may be entered that discriminates against or insults other persons or groups of persons or violates the rights of others in any way.
4. Violations of the prohibitions of use in accordance with this agreement entitle the provider to suspend its service, provided that it has set the customer a reasonable deadline for ending the violations before suspending the service and this deadline has expired unsuccessfully.

§8 Warranty

1. The Provider warrants that the SaaS Software complies with the agreed specifications during the term. In the event of defects, which are notified in detail to the provider by the customer immediately upon their discovery, the provider shall take the appropriate measures necessary to remedy the defects within a period of time appropriate to the circumstances.
2. The provider cannot guarantee that the SaaS software and its server platform are free of errors, nor that they can be used without interruption. In particular, the provider is entitled to suspend access for urgent maintenance work even outside the agreed maintenance windows. The above warranty only applies to the hardware and software configuration recommended by the provider. The faultless operation of the SaaS software in connection with third-party software is not guaranteed.
3. The warranty shall automatically expire in the event of changes or interventions in the SaaS software or the app not carried out by the provider, in the event of incorrect operation or changes to the operating and/or usage conditions.
4. The provider is obliged to provide its services carefully and professionally. In the event of complaints, the Provider shall take the measures necessary to rectify the defect at no cost to the Customer, provided that the Provider is responsible for the defect and the Customer (and its agents) are not at fault.

§9 Liability

1. The provider’s liability for culpably caused personal injury is unlimited. Liability for direct damage to property and financial loss culpably caused by the provider in the performance of these provisions is limited to the amount of an annual fee payable by the customer for the relevant licenses.
2. Any liability of the provider or its vicarious agents for other or further claims and damages, in particular claims for compensation for indirect, indirect or consequential damages, loss of profit, loss of use, unrealized savings, loss of earnings, business or production, irrespective of their legal basis, is expressly excluded.
3. Under no circumstances shall the provider be liable for unlawful content of the data stored with it or its misuse by the customer.
4. This limitation of liability shall apply irrespective of the legal basis of the liability. Further mandatory statutory liability, e.g. for gross negligence or unlawful intent, remains reserved.

§10 Right of revocation

1. The customer has the right to withdraw from the contract within fourteen days without giving reasons.
2. The revocation period is fourteen days from the beginning of the term.
3. In order to exercise the right of withdrawal, the customer must inform the provider by means of a clear declaration (e.g. by e-mail) of his decision to withdraw from the contract. A withdrawal form is provided for this purpose, but this is not mandatory.
4. In order to comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal was sent before the expiry of the withdrawal period.
5. If the contract is revoked, all payments made by the customer in connection with the revoked contract must be repaid immediately and at the latest within fourteen days of the day on which the provider receives notification of the revocation of the contract. The same means of payment used by the customer for the original transaction shall be used for this repayment, unless expressly agreed otherwise; under no circumstances shall fees be charged for this repayment.

§11 Intellectual property

1. The Provider shall be entitled to all intellectual property rights to the Cloud Service provided to the Customer in accordance with these provisions. In particular, the Customer shall not acquire any rights to the SaaS software itself (including documentation), the developments and the Provider’s know-how.
2. The customer shall be entitled to all intellectual property rights to content (in particular scenarios) created by the customer in the SaaS software.
3. optionally, a transfer of the rights of use to the generated content from the customer to the provider can be agreed. A corresponding agreement must be documented separately. The text form is sufficient.

§12 Disclosure and deletion of data

1. At the end of the term, the Provider shall make the data created by the Customer available to the Customer for download in a suitable machine-readable format.
2. Three months after the end of the term, the Provider shall completely delete all data stored by the Customer on its servers.
3. If a right of use has been agreed for case studies of the customer in accordance with §10(3), this shall continue to exist after the end of the contract. Section 2 shall not apply to this data accordingly.

§13 Miscellaneous, severability clause

1. Text form is sufficient for these GTC and their amendments as well as all relevant declarations, notification and documentation obligations, unless another form has been agreed or is required by law.
2. The business relationship shall be governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the registered office of the provider if the customer is a merchant, a legal entity under public law or a special fund under public law.
3. Depending on the source of supply, the terms and conditions of Apple Media Services (https://www.apple.com/de/legal/internet-services/itunes/de/terms.html) or the Google Play Terms of Use (https://play.google.com/intl/de_en/about/play-terms/index.html) in the version valid at the time of use shall apply to the use of the app.
4. Should provisions of these GTC be or become invalid or should loopholes be found in the provisions, this shall not affect the validity of the remaining provisions. In place of the invalid provisions or to fill any gaps, an appropriate provision shall apply which, as far as legally possible, comes closest to what the business partners intended according to the meaning of these GTC.

This document is valid without signature.