Terms of Service
Our services are exclusively aimed at business customers (B2B). All prices are exclusive of VAT.
§ 1 Scope
These Terms of Service apply to all contracts between Nepomuk Software GmbH & Co. KG (hereinafter "Provider") and the customer regarding the use of the online appointment booking platform "agendly".
§ 2 Subject of the Contract
The Provider provides the customer with cloud-based appointment booking software as Software-as-a-Service (SaaS). The scope of functions depends on the selected plan.
§ 3 Contract Conclusion and Registration
(1) The customer can register for free and use the Free plan.
(2) With registration, a contract for the use of the free basic functions is concluded.
(3) Paid plans can be booked at any time. The contract is concluded upon confirmation of the booking.
§ 4 Prices and Payment
(1) Current prices can be viewed on the website.
(2) All prices are exclusive of VAT.
(3) Payment is made by credit card or SEPA direct debit through our payment provider Stripe.
(4) For annual payment, the total amount is due in advance.
§ 5 Term and Termination
(1) Paid plans have a minimum term corresponding to the selected billing period (monthly or annually).
(2) The contract is automatically renewed for the same period if not cancelled before expiry.
(3) Cancellation can be made at any time via the dashboard and becomes effective at the end of the billing period.
(4) The Free plan can be terminated at any time without notice.
§ 6 Customer Obligations
(1) The customer is responsible for the accuracy of their data.
(2) Access credentials must be kept confidential.
(3) The customer may not misuse the platform.
§ 7 Availability
The Provider aims for 99.5% availability on an annual average. Planned maintenance and force majeure are excluded.
§ 8 Warranty and Liability
(1) The Provider is fully liable for intent and gross negligence.
(2) In case of slight negligence, the Provider is only liable for breach of essential contractual obligations, limited to foreseeable, typical damage.
(3) Liability for data loss is limited to the effort that would have been incurred with proper data backup.
§ 9 Data Protection
The processing of personal data is carried out in accordance with our Privacy Policy. When processing data on behalf of the customer, a data processing agreement is concluded.
§ 10 Changes to the Terms of Service
Changes will be communicated to the customer by email and are deemed approved if no objection is raised within 4 weeks.
§ 11 Final Provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction is Hanau if the customer is a merchant.
(3) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
Last updated: January 2025