General Terms and Conditions of Business

General Terms and Conditions of testbee GmbH

1. Scope of application

1. These General Terms and Conditions (hereinafter: “GTC”) apply to the use of the website https://testbee.com (hereinafter: “Website”) and to all services offered by testbee GmbH (hereinafter: “testbee”) and any contracts that a customer concludes with testbee in respect of the services offered by testbee. The inclusion of the customer’s own terms and conditions is hereby expressly rejected. Anything to the contrary shall only apply if this is expressly agreed between testbee and the customer.
2. Use of and registration with testbee is reserved exclusively for natural persons or legal entities with full legal capacity.
3. testbee only accepts entrepreneurs within the meaning of § 14 BGB (German Civil Code) as customers.

2. Conclusion of contract and termination

1. By using the website, but at the latest by registering with testbee (see section 4 of these terms and conditions), the customer acknowledges the validity of these terms and conditions.
2. The customer may terminate his testbee account at any time without giving reasons. The easiest way to do this is to delete his testbee account under “My Account”. Cancellation in text form (fax/e-mail) or in writing is also possible. The relevant contact details can be found at https://testbee.com/impressum/.
3. testbee may also terminate the customer’s testbee account in text form or in writing at any time and without giving reasons.
4. Any claims still existing between the parties at the time the termination becomes effective shall remain unaffected by the termination.
5. If a customer wishes to make use of testbee’s test services for a project, it may contact testbee in this regard and obtain a corresponding offer (booking request). The conclusion of a contract for the provision of services by testbee in connection with a project for the customer shall be governed by the statutory provisions and any further provisions of the contract to be concluded between the parties.

3. Prices and payment conditions

1. testbee’s services are subject to a charge. The prices stated in the price list current at the time the contract is concluded shall apply, unless otherwise agreed between the customer and testbee.
2. testbee shall invoice the agreed remuneration accordingly at the end of the respective calendar month and it shall be due within 14 days.

4. Registration

1. In order to use testbee’s services, the customer must register.
2. To do so, the customer must provide valid personal information (company, company’s web address (if it exists), telephone number, surname, first name and e-mail address) and enter a password of his or her own choice and declare that he or she agrees to the validity of these General Terms and Conditions and the data protection declaration at https://testbee.com/datenschutzerklaerung/.
3. The customer is obliged to keep his personal information up to date and correct at all times. Any necessary changes can be made to the customer’s account at any time or can be requested from testbee’s customer service.
4. In addition, the customer may provide further voluntary information to make the use of testbee’s services even more effective for him.

5. Customer service

In the event of questions and/or problems in connection with testbee’s services, the customer may contact testbee’s customer service by e-mail. The e-mail address of testbee’s customer service is: hello@testbee.com.

6. Obligations of the customer

1. In order to use testbee’s services, the customer must meet the necessary technical requirements at his own expense. The customer must bear the costs of accessing the Internet and any connection costs incurred; these are not included in testbee’s services. Should technical standards on the Internet or the website change, the customer must adapt to these changes at his own expense.
2. A customer account is not transferable and may only be used by the customer in whose name it is registered. Passwords must be stored securely and protected against misuse. The customer shall be liable for any damage caused by the passing on or negligence of passwords and access data that have come into the hands of third parties.
3. The customer is prohibited from misusing testbee’s services. This is particularly the case if, in relation to testbee’s web pages and the offers contained therein, data is
   – data is altered, deleted, suppressed or rendered unusable without authorization,
   – material of unconstitutional organizations or unconstitutional, in particular racist, ideas are disseminated,
   • data is altered, deleted, suppressed or rendered unusable without authorization,
   • material of unconstitutional organizations or unconstitutional, in particular racist, ideas are disseminated,
   • pornography is disseminated,
   • offences against personal honor, in particular insult or defamation, are committed,
   • or legal regulations (e.g. Criminal Code, Youth Protection Act, Data Protection Act, Copyright Act, Unfair Competition Act or Trademark Act) or these General Terms and Conditions are violated.or legal regulations (e.g. Criminal Code, Youth Protection Act, Data Protection Act, Copyright Act, Unfair Competition Act or Trademark Act) or these General Terms and Conditions are violated.
4. The following actions of the customer and other third parties are also prohibited:
   – Use of mechanisms, software or scripts in connection with the use of testbee’s websites that are capable of impairing the operation of the offers, applications, etc. provided by testbee.
   • Use of mechanisms, software or scripts in connection with the use of testbee’s websites that are capable of impairing the operation of the offers, applications, etc. provided by testbee.
   • Blocking, overwriting, modifying, copying information of any kind, unless this is necessary for the proper use of the services of testbee’s websites.
   • Modification of the source code or other components of testbee’s web pages.
   • Use of software and other means not provided by testbee to permanently store, modify, copy or otherwise use the provided content in an unlawful manner.
   • Any action that is likely to impair the functionality of the infrastructure of testbee’s websites, in particular to place an excessive load on it.
   • Unauthorized use of testbee services to test the source codes of third-party applications without the appropriate authorization from the rights holder.
5. Customers who violate these GTC may be temporarily or permanently excluded from using the services offered by testbee.

7. Intellectual property

The customer is aware and acknowledges that testbee is entitled to the intellectual property rights to the services offered and all associated applications, websites and other content. The customer guarantees not to impair this intellectual property in any way.

8. testbee liability

testbee shall be liable to the customer without limitation for damages arising from injury to life, limb or health that are based on an intentional or negligent breach of duty, as well as for other damages that are based on an intentional or grossly negligent breach of duty. For damages caused by slight negligence, testbee shall only be liable in the event of a breach of material contractual obligations and only to the extent of damages typically foreseeable under the contract. testbee endeavors to provide high-quality services and in this respect to ensure that the test results are sound. Nevertheless, testbee cannot accept any liability towards the customer for the test result. testbee therefore does not guarantee that any errors will be found at all in the course of the test, even if the application being tested does in fact have such errors.

9. testbee services availability

The customer acknowledges that the availability of testbee services without exception cannot be technically realized, in particular due to any necessary maintenance and security work as well as events beyond testbee’s control. testbee shall not be liable for any resulting damage.

10. illegal content/notification

1. testbee expressly distances itself from illegal, in particular right-wing extremist, pornographic, inciting or insulting content.
2. If, despite careful examination, testbee has not noticed such content due to the abundance of content supplied to testbee by third parties, testbee asks customers who notice such illegal content to notify it in text form (letter, fax, e-mail), giving as precise information as possible that enables the content in question to be identified, so that it can be examined and, if necessary, deleted.

11. German version Authoritative

In the event of a translation of these GTC into other national languages and a discrepancy between the German language version and the translated version, the German language version shall prevail with respect to the discrepancy.

12. Modification of these GTC

1. testbee reserves the right to amend these GTC at any time, subject to a reasonable notice period of at least six weeks. Notice shall be given by publishing the amended GTC on the Internet on testbee’s website, stating the effective date. If the customer does not object within six weeks of publication, the amended terms and conditions shall be deemed accepted. The significance of the six-week period shall be pointed out separately in the announcement of the amendment.
2. In the event of an objection by the customer to the amended terms and conditions within the time limit, testbee shall be entitled to terminate the existing contract with the customer at the time at which the amendment comes into force, while safeguarding the customer’s legitimate interests. Corresponding content of the customer will then be deleted from the database. The customer may not assert any claims against testbee as a result.

13. Final clauses

1. Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace an invalid provision with a valid provision that comes as close as possible to the economically intended meaning and purpose of the invalid provision. This shall apply mutatis mutandis in the event of gaps in the contract.
2. The place of performance and jurisdiction (insofar as legally permissible) shall be testbee’s registered office.
3. German law shall apply, to the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods, which has been incorporated into German law. © 2018 testbee. All rights reserved.