1. Contract Formation and Scope

1.1 Parties

This Agreement is entered into between DLEGATE Solutions GmbH (“Provider”) and the legal entity or self-employed professional completing the registration process (“Customer”) about the use of the cloud-based software platform (“SaaS Platform”) provided by the Provider that enables video-based communication and asset collection, together with any related features, updates, and documentation made available by the Provider (“Service”). Provider and Customer are each a “Party” and together the “Parties”.

1.2 Registration and Account Activation

The Customer initiates registration by submitting the required information (including name, company details and email address) and by accepting these Terms. After submission, the Provider sends the Customer a verification email containing a confirmation link. The Customer must verify the email address and complete the subsequent password creation step in order to finalize the registration.

A binding agreement for the use of the Free-Tier Plan of the DLEGATE SaaS platform (“Agreement”) is formed only when the registration process has been fully completed and the Provider displays the confirmation of account activation. If the registration is not completed within fourteen (14) days, the preliminary registration data is deleted, and no Agreement is formed.

Preliminary registration data collected prior to full account activation (for example website visits, trial requests, sign-up forms) is processed by the Provider as an independent Controller in accordance with the Privacy Policy. Only after account activation does the Data Processing Agreement apply to personal data processed on behalf of the Customer.

1.3 Paid Subscription Formation

Activation of any Paid Subscription Plan requires the Customer to complete the upgrade process within the Customer’s account and to successfully complete the corresponding payment via the Provider’s Payment Service Provider. During the initial rollout phase, the Provider may issue a payment link generated by the Payment Service Provider for the Customer to complete the transaction outside the SaaS platform.

A paid subscription contract is formed only once the Payment Service Provider confirms successful payment to the Provider.

1.4 Applicability of These Terms

These Terms govern the Customer’s use of the Free-Tier Plan and any Paid Subscription Plan selected by the Customer, together with the documents referenced in Section 12.

The SaaS platform is offered exclusively to businesses, organizations, and self-employed professionals. By initiating registration, the Customer represents that the account is being created for business purposes and not as a consumer. The Provider may request reasonable evidence of business identity.

2. Service Description

2.1 Scope of the Service

The Provider offers video-based communication and asset-collection tools as part of its SaaS Platform. Key features, usage limits, and other parameters of each subscription plan are made available to the Customer prior to or at the time of subscription and form part of the agreed service description. Optional features or integrations may require explicit activation or service order.

Depending on the selected subscription plan, the Service may allow the Customer to create and manage multiple user accounts ("Users", also referred to as "Team Members" in the Service or pricing materials) who are authorized to access and use the Service on the Customer’s behalf. The number of Users and available user management functionality may be subject to limitations defined in the applicable subscription plan.

2.2 Free-Tier Plan

All Customer accounts that complete the registration process and are successfully activated begin on the Free-Tier Plan. The Free-Tier Plan includes limited usage capacity and/or limited features and is provided “as is” without service level commitments unless explicitly stated otherwise.

2.3 Paid Subscription Plans

A Paid Subscription Plan becomes active only after successful payment confirmation in accordance with Section 1.3.

3. Free-Tier Eligibility and Limitations

The Free-Tier Plan is available once per Customer. To verify eligibility and prevent multiple registrations, the Provider may retain the Customer’s name, company name, email address, and email domain, together with an internal account indicator showing whether the Free Tier has already been used. This information is processed for the legitimate interest of preventing misuse of the Free-Tier Plan and may be retained for an audit period of up to twelve (12) months after account closure.

The Customer must not create additional accounts or otherwise attempt to circumvent this limitation. The Provider may deny access to the Free-Tier Plan if repeated or fraudulent registrations are suspected.

The Customer may upgrade from the Free-Tier Plan to any Paid Subscription Plan. Paid Subscription Plans provide the scope of functionality, service levels, usage limits, and data-retention periods specified for the selected plan at the time of upgrade.

If and to the extent the Customer uses the Service to process Personal Data subject to the GDPR, the Data Processing Agreement automatically forms part of the Agreement and becomes binding upon such use. No separate signature is required. “Personal Data” has the meaning given to it under the GDPR, meaning Regulation (EU) 2016/679.

4. Account Registration and Use

The SaaS Platform is offered exclusively to businesses, organisations, and self-employed professionals. Registration requires the Customer to provide business identification information, including company name and business address. By initiating registration and providing the required business information, the Customer confirms that the account is being created for business purposes.

The Customer must provide accurate information during registration and keep account details up to date. The Provider may decline registrations or suspend accounts if the information provided indicates non-business use or if mandatory account details are incomplete.

The Customer is responsible for managing user access within its organisation and ensuring that only authorised users access the SaaS Platform.

The Customer may authorize individuals to access and use the SaaS Platform on its behalf as Users.

The Customer is responsible for:

managing User access within its organisation, including creating, modifying, and deactivating User accounts,
ensuring that only authorised Users access the SaaS Platform,
assigning appropriate roles and permissions, and
maintaining the confidentiality of User credentials.

Users act on behalf of the Customer and do not have a separate contractual relationship with the Provider. Any action performed by a User within the SaaS Platform shall be deemed an action of the Customer.

The Provider may enforce limitations relating to the number of Users or available functionality in accordance with the Customer’s selected subscription plan.

The Customer may deactivate User accounts at any time. Deactivation prevents further access to the Service. Personal data directly identifying the User (such as name and email address) may be deleted or anonymised, while system-generated identifiers and associated activity data may be retained in pseudonymised form where necessary to ensure system integrity, traceability, and auditability, as further described in the Privacy Policy.

5. Fees, Billing and Payment

5.1 General

Registration does not require payment information and does not create any obligation to purchase a paid plan. The Customer is charged fees only upon upgrading to a Paid Subscription Plan.

5.2 Payment Processing

All payments for Paid Subscription Plans are processed by third-party Payment Service Provider. Depending on the phase of implementation, the Customer may (i) be redirected to a payment link generated by the Payment Service Provider, or (ii) complete payment through an integrated checkout flow provided by the Payment Service Provider within the SaaS Platform.

The Provider does not store full payment card information. “Payment Service Provider” means a third-party payment processor engaged by the Provider to process subscription payments.

5.3 Billing, Renewal and Auto-Renewal

Applicable fees and billing intervals are shown within the Customer account at the time of upgrade. Paid subscriptions renew automatically unless cancelled by the Customer before the end of the current billing period. Renewal payments are processed by the Payment Service Provider using the payment method the Customer has placed on file with the Payment Service Provider.

5.4 Upgrades and Downgrades

Upgrades take effect immediately upon payment confirmation and trigger a new subscription term. Any fees already paid for the remaining period of the previous term are credited proportionally.

Downgrades take effect at the start of the next billing period. No prorated refunds apply.

5.5 Payment Failures

If payment fails, retries may be attempted by the payment service. Continued failure may result in suspension or reversion to the Free-Tier Plan. The Customer remains responsible for any outstanding amounts.

5.6 Taxes

Fees are exclusive of applicable taxes, which remain the Customer’s responsibility unless stated otherwise.

6. Term and Termination

6.1 Free-Tier Plan

The contract for the Free-Tier Plan begins upon account activation. Either Party may terminate the Free-Tier Plan at any time without notice. Upon termination, the Customer is responsible for exporting any data that will be deleted after expiry of the cloud storage duration.

6.2 Paid Subscription Plans

Paid Subscription Plans run for the selected subscription period (“Subscription Term”) and renew automatically unless terminated by the Customer before the end of the current Subscription Term. Termination takes effect at the end of the current Subscription Term. No prorated refunds are provided.

6.3 Termination for Cause

Either Party may terminate the agreement for cause if the other Party commits a material breach of these Terms and fails to remedy the breach within thirty (30) days of notice.

6.4 Effect of Termination

Upon termination or non-renewal, the Customer may export its data during the applicable cloud storage duration, but in no event longer than ninety (90) days after termination, regardless of the cloud storage duration of the active plan. After expiry of the cloud storage duration, the data on the SaaS Platform will be irreversibly deleted in accordance with Data Access & Sharing Addendum.

For the avoidance of doubt, references to Customer data include data associated with Users acting on behalf of the Customer.

6.5 Surviving Provisions

Provisions that by their nature must survive termination remain in effect.

7. Customer Responsibilities

The Customer is responsible for compliance with applicable law, obtaining any required consents from third parties, and ensuring that uploaded or recorded content do not infringe third-party rights.

The Customer remains Controller of all data uploaded or generated during use of the Service and is responsible for ensuring that the data is lawful, accurate, does not include prohibited categories of data, and that all required consents from third parties are obtained. The Customer must ensure that external participants are informed in accordance with applicable data protection laws.

The Customer is responsible for ensuring that all Users use the Service in compliance with applicable laws and these Terms.

8. Provider Responsibilities and Dependencies

8.1 General Responsibilities

The Provider delivers the Service in accordance with the agreed service parameters and maintain appropriate technical and organisational measures.

8.2 Third-Party Dependencies

Certain features of the Service depend on third-party systems, including browsers, operating systems, device capabilities, and network components. These third-party elements may change outside the Provider’s control. Consequently, the availability, performance, or functionality of specific features may vary by device or environment and may change over time. The Provider does not guarantee the continued availability of any feature that relies on such third-party components.

The Provider relies on sub-processors, including standard infrastructure providers, to deliver the Service. The Customer may review the current Sub-Processor List.

9. Data Protection and Data Access

Processing of personal data is governed by the Data Processing Agreement. Transfers of data outside the EU/EEA are subject to appropriate safeguards. The Customer may request data export during the applicable retention period in a machine-readable format.

10. Liability and Warranty

The Provider is liable without limitation (i) in cases of intent or gross negligence, (ii) for damages resulting from injury to life, body, or health, (iii) under the German Product Liability Act (Produkthaftungsgesetz), and (iv) in the event of the assumption of an explicit guarantee (Garantie), to the extent agreed.

In cases of slight negligence, the Provider is liable only for breaches of material contractual obligations (“cardinal obligations”), i.e., obligations the fulfilment of which is essential for the proper performance of the Agreement and the breach of which jeopardises the purpose of the Agreement, and on the fulfilment of which the Customer may regularly rely. In such cases, liability is limited to the foreseeable damage typical for this type of contract. Any further liability for slight negligence is excluded.

The Provider does not warrant that the SaaS will be error-free or uninterrupted. Free-Tier Plan is provided “as is”.

11. Marketing Use

The Customer grants the Provider (DLEGATE Solutions GmbH) the right to (i) identify the Customer as a user of the Service and to use the Customer’s name and/or the Customer’s company name and logo across the Provider’s marketing materials (including the Provider’s website, presentations, brochures, and email communications), and (ii) develop content relating to the Customer’s use of the Service (such as written case studies or video testimonials). Any content created under item (ii) will be developed in cooperation with the Customer and may be used only with the Customer’s written approval. The Provider will use any trademarks provided by the Customer in accordance with any reasonable brand guidelines supplied by the Customer. The rights granted in this section remain in effect for the duration of the Customer’s subscription and cannot be withdrawn during that period.

12. Incorporated Documents

The following documents form an integral part of these Terms and are incorporated by reference. They are available at the URLs listed below:

By completing the sign-up process (i.e., successful account activation), the Customer accepts these Terms together with all incorporated documents.

13. Modification of Terms

The Provider may update these Terms from time to time. Material changes will be communicated in advance. If the Customer objects, the Agreement will continue under the previous Terms until the end of the current Subscription Term.

Continued use of the Service after the effective date of the updated Terms constitutes acceptance of the updated Terms.

14. Governing Law and Venue

These Terms are governed by the laws of Germany. The exclusive venue for all disputes is Munich, Germany.

15. Contact

DLEGATE Solutions GmbH
contact@dlegate.de

Terms of Service