Last updated: December 2024
1. Scope and Contract Formation
1.1 Scope
These Terms of Service (Terms) govern all contracts for the use of the Software-as-a-Service (SaaS) offering "Kanman" between Marco Kerwitz, kerwitz.dev, Birkenweg 21, 31226 Peine, Germany (hereinafter "Provider") and the customer (hereinafter "Customer"). These Terms apply exclusively; any conflicting or deviating terms of the Customer are not recognized unless the Provider expressly agrees to them in writing.
1.2 Contract Formation
The contract is concluded through the Customer's registration and completion of a paid subscription via the website app.kanman.de. By clicking the "Buy now" button or similar wording, the Customer submits a binding offer to enter into a contract. The Provider accepts this offer by activating access and sending an order confirmation.
1.3 Incorporation of Terms
These Terms become part of the contract when the Customer has been informed of them before completing the order, had the opportunity to take note of them in a reasonable manner, and actively confirmed their acceptance by activating a checkbox.
2. Service Description
2.1 Scope of Services
The Provider provides the Customer with the web-based project management software "Kanman" as a SaaS solution. The exact scope of services is determined by the respective product description and the selected plan (Personal, Pro, or Teams) at the time of order.
2.2 Availability
The Provider targets an availability of the service of 99.5% on a monthly average. This excludes planned maintenance windows (Sundays 02:00-06:00 CET, maximum 4 hours per month, with 48 hours advance notice), emergency maintenance for security-critical updates, and force majeure events. Details are available in the service description at docs.kanman.de.
2.3 Changes to the Service
The Provider is entitled to further develop and adapt the service, provided this is reasonable for the Customer and does not restrict the essential scope of services. The Customer will be notified of significant changes in a timely manner.
3. Customer Obligations
3.1 Proper Use
The Customer agrees to use the service only in accordance with applicable laws and these Terms. In particular, it is prohibited to:
- use the service for unlawful purposes;
- impair the security or integrity of the service;
- perform automated access outside of the provided API;
- store content that violates applicable law.
3.2 Access Credentials
The Customer is responsible for keeping their access credentials confidential and is liable for all activities that take place under their account, insofar as they are responsible for them.
3.3 Data Backup
The Customer is responsible for regularly backing up their data stored in the service. In the event of data loss, the Provider's liability is limited to the costs of restoring data from the Customer's most recent backup.
4. Prices and Payment
4.1 Prices
The prices stated on the website at the time of order apply. All stated prices are final prices. Due to small business status pursuant to Section 19 UStG (German VAT Act), we do not charge VAT and do not show it separately.
4.2 Payment
Payment is made annually in advance. Invoices are issued electronically by email. The invoice amount is due immediately upon invoicing.
4.3 Price Changes
Price changes only apply to new contract periods. The Customer will be informed of price changes at least 30 days before the start of a new period. In the event of a price increase, the Customer has the right to terminate the contract at the end of the current contract period.
5. Contract Term and Termination
5.1 Term
The contract is concluded for a period of one year. After the initial term, the contract is extended for an indefinite period and can be terminated by either party with one month's notice to the end of a calendar month.
5.2 Ordinary Termination
Termination can be made in text form (e.g., by email to [email protected]) or via the cancellation button on the website. The cancellation button is accessible at app.kanman.de in the "Settings" section without prior login.
5.3 Extraordinary Termination
The right of both parties to extraordinary termination for good cause remains unaffected.
5.4 Consequences of Termination
Upon termination of the contract, access to the service will be blocked. The Customer can export their data until the end of the contract period. After the contract ends, customer data will be deleted within 30 days, unless legal retention obligations apply.
6. Right of Withdrawal for Consumers
Consumers are entitled to a right of withdrawal in accordance with the separate withdrawal policy. Please note that the right of withdrawal for digital services may expire prematurely under certain conditions. Details can be found in our Withdrawal Policy.
7. Liability
7.1 Unlimited Liability
The Provider is liable without limitation for damages resulting from injury to life, body, or health based on a negligent or intentional breach of duty, for damages based on intentional or grossly negligent conduct, and for damages under the Product Liability Act.
7.2 Liability for Breach of Material Contractual Obligations
In the event of a breach of material contractual obligations (cardinal obligations) through slight negligence, liability is limited to foreseeable, contract-typical damage. Material contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely.
7.3 Liability for Breach of Non-Material Obligations
In the event of a breach of non-material contractual obligations through slight negligence, liability is limited to the fees paid in the last 12 months.
7.4 Indirect Damages
Liability for indirect damages and consequential damages, in particular lost profits, is excluded unless they are based on intent or gross negligence or result from a breach of material contractual obligations.
8. Data Protection
The Provider processes the Customer's personal data in accordance with the Privacy Policy. The Customer agrees to the processing of their data to the extent described therein.
9. Force Majeure
The Provider is not liable for the non-fulfillment or delayed fulfillment of obligations due to circumstances beyond its reasonable control, in particular war, terrorism, natural disasters, pandemics, government orders, or cyberattacks that could not be prevented despite reasonable protective measures.
10. Changes to the Terms
The Provider is entitled to change these Terms with effect for the future, provided this is reasonable for the Customer. Changes will be communicated to the Customer at least 30 days before they take effect. If the Customer does not object within 30 days of receiving the change notification, the amended Terms are deemed approved. The Provider will inform the Customer in the change notification about the significance of the 30-day period and the right to object.
11. Final Provisions
11.1 Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as mandatory provisions of the law of the state in which the consumer has their habitual residence do not provide greater protection.
11.2 Jurisdiction
For disputes with businesses, the exclusive place of jurisdiction is the Provider's registered office in Peine, Germany. For consumers, the statutory place of jurisdiction applies.
11.3 Dispute Resolution
The EU Commission provides a platform for online dispute resolution (OS platform): https://ec.europa.eu/consumers/odr/. We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
11.4 Severability
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.
11.5 Text Form
For declarations in connection with this contract, in particular terminations, text form (e.g., email) is sufficient.