Terms and conditions

§ 1 Scope of the General Terms and Conditions

The provider

JT3 Software GmbH
Rieslingstrasse 23
65343 Eltville am Rhein
Deutschland

(hereinafter referred to as the "Provider") offers the following services:

Provision of software made available via the internet on terminarena.de and its subdomains (hereinafter referred to as "Software" or "Platform")
Individual consulting services and implementation of change requests to the software

These General Terms and Conditions apply to all business relationships between the Provider and users of the platform. By registering and using the platform, the user accepts these GTC.

2. Description of the platform

The platform enables companies to schedule customer appointments online and offers their customers the ability to book appointments independently. The platform includes features such as appointment management, calendar overview, and reminder functions. Use of the platform is based on a contract between the Provider and the respective customer (company).

3. Users of the platform

The platform is used by companies that can invite their customers to book appointments. Users of the platform are both the companies (customers) and their end customers who book appointments via the platform. All users agree to comply with the rules applicable on the platform and to observe data protection regulations.

4. Duties of the customer and platform users

The customer agrees to use the platform exclusively for the agreed purpose and not to carry out any unlawful content or actions. In particular, it is prohibited to use the platform for spam, fraud, or other illegal activities. The user also agrees to keep their access data secure and not to share it with third parties.

The platform provides the customer with several options to download the entered data to their own computer system and thus create backup copies of the data. The customer regularly uses these functions to create backup copies of their data on their own computer system and, in the unlikely event of data loss on the platform server, to be able to access their backup data.

5. Data security and privacy

The Provider undertakes to handle data collected through the use of the platform in accordance with applicable data protection regulations. All personal data is transmitted encrypted and stored securely. Further information on data processing can be found in the Provider’s privacy policy. The customer is responsible for collecting and processing customer data and must ensure compliance with all applicable data protection regulations.

6. Liability of the Provider for defects of the platform

The Provider ensures that the platform is functional in the described condition at the start of use. For defects occurring after provision of the platform, the Provider is only liable in cases of intent or gross negligence. The Provider assumes no liability for technical failures caused by user behavior or external circumstances.

Except in cases of intent and gross negligence or in the presence of an explicit warranty by the Provider, the Provider is not liable for indirect damages such as additional expenses, lost profits, or missed savings.

Strict liability for defects already existing at the time of contract conclusion is expressly excluded.

7. Liability of the Provider for damages

The Provider is only liable for damages, regardless of legal grounds, in cases of intent or gross negligence. In cases of slight negligence, the Provider is only liable for damages resulting from injury to life, body, or health.

The Provider is liable for damages caused by intentional or grossly negligent breaches of duty. In cases of slight negligence, liability is limited to foreseeable damages typical for the contract. The Provider assumes no liability for damages caused by data loss or platform downtime unless caused intentionally or by gross negligence.

Where liability of the Provider is excluded or limited, this also applies to the personal liability of employees, staff, representatives, and vicarious agents of the Provider.

8. Termination

The contract between the Provider and the customer may be terminated by either party at the end of the current billing period. The Provider reserves the right to suspend or terminate the platform without notice in the event of a violation of these GTC or improper use. In case of termination, the customer must settle all outstanding payments and cease using the platform.

9. Subject matter of the contract

The subject matter of this contract is the provision of the online planning tool for appointment booking and management by the Provider. The customer is granted the right to use the platform in accordance with these GTC. The Provider provides the necessary software and technical infrastructure for use of the platform according to the agreed functionalities.

The platform is operated on a server of a hosting provider commissioned by the Provider. As a rule, the platform is available 24 hours a day, 7 days a week. The Provider guarantees average availability of 97% per calendar year. Necessary maintenance work and software updates are scheduled outside regular business hours unless urgent reasons require otherwise. Downtime not attributable to the Provider is not included in the availability calculation. This also includes, but is not limited to, outages caused by the hosting provider.

The Provider reserves the right to change, extend, or partially discontinue the platform and its content, structure, design, or functionality at its own discretion. The Provider aims to improve the offering for the majority of customers and maintain competitiveness. The customer may inform themselves about updates at any time on the platform.

The customer is not entitled to make the software available to third parties, whether for payment or free of charge.

10. Contract term

The contract term begins with the customer’s registration and ends upon termination by either party. The term depends on the billing interval chosen by the customer (e.g., monthly or yearly). Automatic renewal may apply if included in the selected tariff. The customer will be informed in due time before renewal.

The right to terminate without notice for good cause remains unaffected. Good cause includes, in particular, serious or repeated breaches of contractual provisions or impossibility of performance.

11. Exclusion clause

These terms and conditions apply exclusively. Any conflicting or deviating terms of the customer are not recognized unless explicitly agreed to in writing by the Provider. These terms also apply if the Provider performs services without reservation in the knowledge of conflicting customer terms.

12. Amendment of terms and the contract

The Provider reserves the right to amend these General Terms and Conditions. In case of changes, the customer will be informed electronically or in writing. The amended version becomes part of the contract if the customer does not object within 14 days.

13. Governing law and jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction is Eltville am Rhein, Germany. For non-merchants, this agreement applies only in the absence of a domestic jurisdiction.

15. Severability clause

If any provision of the contract is or becomes invalid, or if the contract is incomplete, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that comes closest to its economic purpose. The same applies to any contractual gaps.