Terms and conditions

§ 1 Scope

(1) These General Terms and Conditions (GTC) apply to all contracts between SmartDocs, owner Ahmet Zambak, Sömmeringstraße 18, 10589 Berlin, Germany (hereinafter "SmartDocs"), and its customers concerning the use of the SmartDocs software-as-a-service platform.

(2) The offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law.

(3) Deviating terms of the customer do not apply unless SmartDocs expressly agrees to their validity in writing.

§ 2 Subject matter of the contract and services

(1) SmartDocs provides a web-based platform for creating, sending and managing electronic signature requests, including simple, advanced and, by separate agreement, qualified electronic signatures within the meaning of Regulation (EU) No 910/2014 (eIDAS).

(2) The specific scope of functions is determined by the plan selected in each case in accordance with the service description valid at the time the contract is concluded at smartdocs.de/preise/.

(3) Qualified electronic signatures are provided with the involvement of qualified trust service providers; separate terms and prices may apply to them.

§ 3 Conclusion of the contract

(1) The contract is concluded upon completion of registration and confirmation by SmartDocs, and for paid plans upon booking the plan in the customer account.

(2) The customer assures that the data provided during registration is accurate and complete.

§ 4 Prices and payment

(1) The prices shown at the time of booking apply. All prices are stated plus statutory VAT.

(2) Paid plans are billed monthly in advance per booked user seat. Additional services such as qualified signatures are billed based on usage.

(3) Payment is made by credit card or SEPA direct debit via the payment service provider of SmartDocs; on the Enterprise plan, payment by invoice is possible.

§ 5 Obligations of the customer

(1) The customer ensures that the signature requests it processes via the platform are lawful, in particular that the selected signature level meets the form requirements applicable to the respective document.

(2) Access credentials and API keys must be kept secret. The customer informs SmartDocs without undue delay of any possible unauthorized use of its account.

(3) The platform may not be used for unlawful content or to infringe the rights of third parties.

§ 6 Availability

(1) SmartDocs provides the services with an availability of 99% on an annual average, measured at the handover point of the data center. Planned maintenance windows are carried out, where possible, outside normal business hours and are announced.

(2) On the Enterprise plan, different service levels may be agreed separately.

§ 7 Data protection and data security

(1) Insofar as SmartDocs processes personal data on behalf of the customer, the data processing agreement pursuant to Art. 28 GDPR (DPA) applies. It is concluded in electronic form upon registration and forms part of this contract.

(2) Details can be found in the privacy policy and the description of the technical and organizational measures (Annex 2 of the DPA).

§ 8 Liability

(1) SmartDocs is liable without limitation for intent and gross negligence and in the event of injury to life, body and health.

(2) In the case of simple negligence, SmartDocs is liable only for the breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage typical for this type of contract.

(3) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

§ 9 Term and termination

(1) Contracts for paid plans have a term of one month and are automatically extended by a further month in each case unless they are terminated by the end of the current billing period.

(2) The right to extraordinary termination for good cause remains unaffected.

(3) After the end of the contract, SmartDocs makes the customer's documents and evidence data available to the customer for export for a period of 30 days; thereafter, the data is deleted in accordance with the deletion policy.

§ 10 Changes to the GTC

SmartDocs may amend these GTC with effect for the future. Changes are announced to the customer in text form at least six weeks before they take effect. If the customer does not object within this period, the changes are deemed approved; the announcement will specifically point this out.

§ 11 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) To the extent permitted by law, the place of jurisdiction for all disputes arising from this contract is the registered place of business of SmartDocs.

(3) Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected.

We answer questions about these GTC at kontakt@smartdocs.de.