Scope of application and conclusion of agreements
Beams.fm is available only to commercial customers (businesses according to § 14 German Civil Code (BGB)). We refuse to conclude agreements with consumers and will terminate such agreements without notice for good cause if we have been deceived.
The customer’s terms and conditions shall not form apply to the agreement, even if we are aware of them unless we have expressly agreed to their inclusion. Our terms and conditions shall also apply if we execute the agreement without reservation in the knowledge of the customer’s conflicting, deviating, or additional terms and conditions.
The option to conclude an agreement on our website is not a legally binding offer by us. Rather, the customer’s order is an offer to conclude a corresponding agreement. We may reject this offer without giving reasons. The acceptance of the offer takes place through the confirmation of the conclusion of the contract by us, e.g., by setting up the customer account.
For determining the features of Beams.fm, only the statements on the Beams.fm website are decisive. Other public statements or advertisements deviating from these are not contractual specifications.
Provision and use of Beams.fm
With the conclusion of the agreement, we provide Beams.fm to the customer for use via the internet. The customer has the non-exclusive, non-transferable right to use Beams.fm for the duration of the agreement. The use of Beams.fm by affiliated entities of the customer is not permitted.
The customer is not permitted to violate rights of third parties or laws using Beams.fm. Failure to do so obligates the customer to hold us harmless from any third-party rights resulting from the infringement. The indemnity claim also includes the reasonable costs of our legal advice and representation. We shall inform the customer without undue delay if corresponding rights are asserted against us and enable the customer to cooperate in the defense against such rights at the customer’s expense. Statutory claims for damages shall remain unaffected.
Should the customer violate the provisions of paragraph 3, we are entitled to block his access to Beams.fm or access to data stored in Beams.fm, provided that in our reasonable discretion, the violation can thereby be ceased or reasonably mitigated. If in our reasonable discretion, blocking access to data is not sufficient to restore compliance with the agreement, we shall also be entitled to delete data. The provisions of any data processing agreement concluded with the customer may not be violated by the measures described hereinbefore.
We shall inform the customer, stating the grounds, if we should assume a breach of the provisions of paragraph 2 and shall advise what measures we intend to take to restore compliance with the agreement if the violation is not remedied by the customer within a reasonable period of time specified by us. Prior information and setting of a deadline shall not be required if such information is not acceptable to us or if such information is inadmissible. The information will be sent by e-mail to the address provided by the customer in his account.
Transfer of rights by the customer
The customer grants for the contents processed by him with Beams.fm all rights necessary for the execution of the agreement and guarantees to be able to transfer these rights to us. This includes, in particular, the right to utilize, process, reproduce, distribute, edit and keep available for use to the extent technically required for the execution of the agreement.
Special regulations for the free version
To the extent that the customer utilizes the free version of Beams.fm, the following paragraphs shall apply, which in case of contradictions, shall take precedence over the further provisions of these Terms and Conditions.
The free version is provided to the customer as is. We do not owe for this version that it includes a certain scope of functions and that the services owed by us are always available and error-free during the utilization period. We are solely obliged to endeavor to operate the free version with the same care as our paid offers…
Each party may terminate this Agreement at any time unless a minimum term has been stipulated with the customer.
The free version may be utilized only for such cases where defects in performance, failure of our performance, and loss of data will not cause any damage to the customer or third parties.
Term and termination
The agreement is binding for the term selected by the customer when placing the order. Before the specified term expires, the agreement can only be terminated for good cause. Otherwise, termination is possible until the end of the last day of the stipulated term of the agreement. If the agreement is not terminated, the fixed term shall be extended by the respective term stipulated at the time of the conclusion of the agreement.
The right to terminate for good cause remains unaffected.
Defects
In case of defects of performance, the customer shall be entitled to the statutory rights as modified hereinafter, whereby we shall determine whether we shall remedy the defect by repair or new delivery.
Our no-fault liability for damages (§ 536a BGB) for defects existing at the time of conclusion of the agreement shall be excluded, unless the defect relates to a quality warranted by us (guarantee, § 276 para. 1 BGB).
A limitation period of one year shall apply to claims. This limitation period shall not apply to claims for damages due to the infringement of claims for defects; in this respect, the provisions on liability shall apply.
For features, services, software or other offers that are expressly provided by us as beta versions, any claims for defects shall be excluded, unless we have acted intentionally. The very nature of such beta versions is that they are unfinished and may have defects. Such defects may e.g. result in the loss of data or the inability of Beams.fm to function. Therefore, the customer should only use beta versions, if the occurrence of such defects does not cause any disadvantage for him, especially if it does not cause any damage, for which he would like to hold us or third parties liable.
Liability
Liability for intent and gross negligence is unrestricted.
In case of simple negligent violation of essential contractual obligations, the liability is limited to foreseeable and contract-typical damages. This liability is further limited to 25,000 Euro per incident. Essential contractual obligations are those whose fulfillment is essential to the due performance of the agreement and on whose fulfillment the breached party may regularly rely. The limitation period for claims under this paragraph shall be one year.
Paragraph 2 shall not apply to rights arising from injury to body, health, or life, in the event of fraudulent conduct, in the event of the assumption of a guarantee, in the event of liability for initial incapacity or impossibility for which we are responsible as well as for rights under the Product Liability Act.
In all other respects, liability - on whatever legal grounds - is excluded.
Privacy
Any processing of the customer’s personal data is subject to the attached data processing agreement according to Art. 28 GDPR. https://beams.fm/dpa-standard
Applicable law and place of jurisdiction
The agreement shall be governed exclusively by the laws of the Federal Republic of Germany. International private law shall not apply, insofar as it is excludable.
The sole place of jurisdiction for all disputes in connection with this agreement shall be at our registered office.
For customers domiciled outside the European Union, the following arbitration agreement shall apply:
All disputes arising out of or in connection with this agreement or concerning its validity shall be finally settled in accordance with the Rules of Arbitration of the German Institution of Arbitration (DIS), excluding the ordinary courts of law.
The arbitral tribunal shall consist of one arbitrator.
The language of the proceedings shall be German.
Final provisions
This agreement contains all stipulations of the parties regarding the subject matter of the agreement. Any deviating ancillary and earlier agreements on the subject matter of the agreement are declared invalid.
If any provision of this agreement is or becomes void, invalid or unenforceable, in whole or in part, or if any provision necessary in itself is not included, the validity and enforceability of all remaining provisions of this agreement shall not be affected.