Legal information about Presio.
(1) These General Terms and Conditions (hereinafter the “GTC”) apply to the customer’s use of the Software-as-a-Service solution “Presio” (hereinafter the “Service”) of the provider Presio UG (haftungsbeschränkt) i. Gr. (hereinafter the “Provider”).
(2) The service is intended for entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). Deviating terms of the customer do not become part of the contract unless the provider expressly agrees to their application in writing.
(1) The provider makes available to the customer, via the internet, an application for working-time tracking and absence management (including clocking in/out, leave and sick-leave requests, calendar, reports/export, team and role management, and notifications).
(2) The specific range of features depends on the chosen plan. The provider is entitled to further develop and adapt the service, provided that the contractually owed scope of services is not substantially restricted thereby.
(1) Use requires registration and a user account. The customer is obliged to provide the information requested during registration completely and truthfully.
(2) The contract is concluded upon activation of the account or upon confirmation of the order by the provider.
Where offered, the service can be used free of charge for a period of 14 days free of charge. If the contract is not converted into a paid plan before the trial period ends, the trial use ends automatically, without any termination being required. No payment obligation arises during the trial period.
(1) The provider endeavours to keep the service available as continuously as possible. Excluded from this are periods during which the service is unavailable due to maintenance, security or capacity concerns, or because of events beyond the provider's control (e.g. force majeure, disruptions of public networks).
(2) Maintenance work will, where possible, be scheduled during low-usage periods and - where reasonable - announced in advance.
(1) The customer keeps access credentials confidential and protects them from access by third parties. The customer ensures that use complies with applicable laws.
(2) If the customer uses the service for its employees, the customer is responsible for compliance with labour and data protection requirements (including any co-determination rights).
(3) The customer is responsible for the content and data entered by the customer and its users.
(1) The prices valid at the time of ordering as per the price overview apply. Unless otherwise stated, prices are per person and month plus statutory VAT.
(2) Billing takes place monthly in advance. Payments are due without deduction.
(3) The provider is entitled to adjust prices with effect for the future; price changes are communicated to the customer with reasonable notice. If the customer does not object and continues to use the service, the adjustment is deemed accepted. Otherwise, a special right of termination applies.
(1) Unless otherwise agreed, the contract is concluded for an indefinite term and may be terminated by either party with a notice period of one month to the end of the month be terminated.
(2) The right to extraordinary termination for good cause remains unaffected.
(3) Terminations must be made in text form (e.g. email).
(4) After the contract ends, the provider gives the customer the opportunity to export its data for a reasonable period. The data is subsequently deleted in accordance with statutory obligations.
Insofar as the provider processes personal data on behalf of the customer, the parties conclude a data processing agreement in accordance with Art. 28 GDPR. Details of the data processing are set out in the privacy policy.
(1) The provider is liable without limitation for intent and gross negligence, as well as for damages arising from injury to life, body or health.
(2) In cases of simple negligence, the provider is liable only for breach of a material contractual obligation (cardinal obligation), limited to the foreseeable damage typical of the contract.
(3) Any further liability is excluded. Liability under the German Product Liability Act remains unaffected.
(4) The customer shares responsibility for regularly backing up its data using the export functions provided.
The provider may amend these GTC with effect for the future where this is necessary for good cause (e.g. changes in the legal situation, further development of the service) and the customer is not unreasonably disadvantaged as a result. Changes are communicated to the customer in good time.
(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for all disputes arising from this contract shall be, to the extent legally permissible, the registered office of the Provider: Munich.
(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.
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