Terms and conditions
Effective Date: 2025-06-01
These Terms of Service (“Terms”) govern the use of the Tiquify SaaS platform (“Service”) provided by Ziegler IT Services with its office at Fulda (“Provider”, “we”, or “us”).
By registering for or using the Service, the customer (“Customer”, “you”) agrees to be bound by these Terms. If you are entering into this agreement on behalf of a company or legal entity, you represent that you have the authority to bind such entity.
1. Scope of the Service
1.1 The Service is a web-based software platform that enables Customers to:
- Receive and manage alert messages from users and devices.
- Automatically categorize, track, and process alerts.
- Gain insights into device performance.
- Generate reports to support internal operations and billing.
1.2 The Service is provided on a subscription basis and accessed via the internet.
1.3 The Service is intended for business use only (B2B). Use by consumers is not permitted.
2. Registration and Account
2.1 To access the Service, the Customer must register and create an account. The Customer agrees to provide accurate, complete, and current information during registration.
2.2 The Customer is responsible for maintaining the confidentiality of login credentials and for all activities that occur under its account.
3. Subscription, Fees, and Payment
3.1 Use of the Service requires a paid subscription, with pricing outlined on our website or in a separate agreement.
3.2 Subscription levels may differ by feature set, usage limits, and support options.
3.3 All fees are stated net of VAT, which will be added where applicable under German law.
3.4 Invoices are issued electronically. Payment is due within [14] days unless otherwise agreed.
3.5 The Provider reserves the right to suspend or terminate access to the Service if payments are overdue.
4. Customer Obligations
4.1 The Customer agrees to use the Service only in accordance with applicable laws and these Terms.
4.2 The Customer is responsible for ensuring that:
- Only authorized personnel access the Service.
- All input data (e.g. alert messages) is lawful and free of malware.
- Personal data processed via the Service complies with relevant data protection regulations.
5. Data Protection and Confidentiality
5.1 The Provider processes personal data in accordance with the EU General Data Protection Regulation (GDPR). The processing is governed by a separate Data Processing Agreement (DPA).
5.2 All data submitted by the Customer remains the Customer’s property.
5.3 Both parties shall treat all confidential information disclosed during the provision of the Service as strictly confidential.
6. Availability and Support
6.1 The Provider shall use commercially reasonable efforts to maintain 99% Service availability per calendar month, excluding scheduled maintenance and permitted interruptions.
6.2 The Provider may perform deployments, updates, or maintenance activities without prior notice if the expected downtime does not exceed 15 minutes. These short-term service interruptions are part of normal operations. Incoming emails will not be lost during such periods; they will be stored and automatically processed as soon as the Service becomes available again.
6.3 For updates expected to exceed 15 minutes of downtime, the Provider will provide reasonable advance notice to the Customer.
6.4 Support is provided via email, Monday to Friday, excluding public holidays in Germany.
7. Intellectual Property
7.1 The Provider retains all intellectual property rights in and to the Service, platform, and associated materials.
7.2 The Customer is granted a non-exclusive, non-transferable right to use the Service for the term of their subscription.
8. Term and Termination
8.1 The Agreement begins upon registration and remains in effect for the duration of the selected subscription term (monthly, yearly, etc.).
8.2 Subscriptions renew automatically unless canceled at least 30 days prior to the end of the current billing cycle.
8.3 Either party may terminate the agreement for cause, particularly in the event of a material breach.
8.4 After termination, the Provider will retain Customer data for 30 days to allow export. After this period, data will be permanently deleted.
9. Limitation of Liability
9.1 The Provider shall be liable only for damages caused by intent or gross negligence, or for injuries to life, body, or health.
9.2 For slightly negligent breaches of essential contractual obligations (Kardinalpflichten), liability is limited to the amount of foreseeable, typical damages.
9.3 The Provider is not liable for data loss that could have been prevented through proper backups by the Customer.
10. Restrictions on Use in Safety-Critical Areas
The Customer must not use the Service in any manner that could endanger human health or life or where the availability, correctness, or performance of the Service is relied upon for safety-critical applications. This applies in particular to (but is not limited to):
- Traffic control systems
- Medical technology
- Pharmaceutical manufacturing
- Military or defense applications
- Aviation, space, marine, rail transport
- Automotive production processes
- Nuclear technology
- Offshore installations
- Energy supply infrastructure
- Petrochemical operations
- Telecommunications network operations
Such uses are strictly prohibited. Any use in such areas is done at the Customer’s own risk. The Provider disclaims all liability for damages resulting from such prohibited use.
11. Geographic Access Restrictions
To ensure security and prevent denial-of-service (DoS) attacks, the Provider may restrict access to the Service based on the geographic origin of IP addresses.
During initial deployment, access may be limited to IP addresses originating from within Germany. The Customer acknowledges that access from outside Germany may be blocked without prior notice.
It is the Customer’s responsibility to ensure that integrations and users operate from permitted locations. The Provider is not liable for limited access resulting from these geographic controls.
12. Final Provisions
12.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2 The place of jurisdiction for all disputes arising out of or in connection with these Terms is [Your Company’s Jurisdiction City], Germany, if the Customer is a merchant or legal entity under public law.
12.3 The Provider may amend these Terms at any time with reasonable notice. Continued use of the Service after changes become effective constitutes acceptance.
12.4 Should any provision of these Terms be or become invalid, this shall not affect the validity of the remaining provisions.
Contact
Ziegler IT Services
An St. Peter 12
36043 Fulda
Email: info@zglr.it