General Terms and Conditions

These Terms and Conditions apply to all contracts between 2peaches GmbH (hereinafter the "Provider") and the customer (hereinafter the "Client") regarding the use of the software-as-a-service platform teamly. Differing terms of the Client are not recognised unless the Provider has expressly agreed to their validity in writing.

The Provider makes the teamly platform available to the Client as software-as-a-service via the internet. The scope of services is determined by the respective plan booked (Pro, Business, Enterprise). The Provider is entitled to further develop and update the platform in line with technical progress, as long as the functions essential to the contract are maintained.

The contract is concluded upon the Provider's written or electronic order confirmation. The minimum contract term is 24 months, unless otherwise agreed in the offer. After the minimum term expires, the contract is automatically extended by a further 12 months at a time, unless it is terminated in writing with a notice period of 3 months to the end of the term.

The agreed fees are due in advance according to the chosen billing model (monthly or annually) and payable within 14 days of invoicing. In the event of default in payment, the Provider is entitled to charge default interest at the statutory rate and to suspend the service after prior notice. Price adjustments are communicated to the Client in writing at least 8 weeks before they take effect.

For the duration of the contract, the Provider grants the Client a simple, non-transferable right to use the teamly platform within the scope of the booked plan. Passing access credentials to third parties outside the Client, as well as using the platform beyond the contractually agreed number of users, is prohibited. A transfer of rights of use to third parties requires the prior written consent of the Provider.

The Client is obliged to provide all cooperation actions necessary for the fulfilment of the contract in good time and in full. This includes in particular:

• ▸Keeping access credentials secure and not sharing them
• ▸Not distributing any unlawful content via the platform
• ▸Fulfilling data protection obligations towards its own employees
• ▸Keeping contact details and billing information up to date

The Provider aims for a monthly platform availability of 99.5%, measured on a monthly basis excluding scheduled maintenance windows. Maintenance work is, where possible, carried out outside main usage hours and announced in good time. Support is provided by email and telephone; response times depend on the booked plan.

Insofar as the Client processes personal data of its employees via the teamly platform, the Provider acts as a processor within the meaning of Art. 28 GDPR. Before productive operation, a data processing agreement (DPA) must be concluded. For further information on data processing, please refer to our Privacy Policy.

The Provider is liable without limitation in cases of intent and gross negligence, as well as for damage resulting from injury to life, body or health. In cases of slight negligence, the Provider is only liable for the breach of material contractual obligations (cardinal obligations), and then limited to the foreseeable damage typical for the contract. Any further liability for indirect damage, lost profits or loss of data is excluded to the extent permitted by law.

Ordinary termination of the contract is possible in writing or by email with a notice period of 3 months to the end of the respective contract term. The right to extraordinary termination for good cause remains unaffected. After the end of the contract, the Client is given 30 days to export their data; thereafter all data is irrevocably deleted.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contract is, provided the Client is a merchant, the registered office of the Provider. Amendments and additions to this contract must be made in writing. Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions remains unaffected. The assignment of rights and obligations under this contract by the Client requires the prior written consent of the Provider.