1. Provider

Classic Audioguide e.K.

Owner: Ingo Kiem

Sandweg 131

60385 Frankfurt am Main

info@classicaudioguide.com

classicaudioguide.com

2. Scope

(1) These Terms & Conditions apply to all contracts between Classic Audioguide e.K. (hereinafter "Provider") and its customers regarding the use of the software-as-a-service solution "Classic Audioguide".

(2) The offering is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).

(3) Deviating or supplementary terms of the customer shall not apply unless the Provider expressly agrees to them in writing.

3. Subject Matter

(1) The subject matter of the contract is the temporary provision of a web-based software solution for creating, managing, and delivering audio guides.

(2) The software is provided as software-as-a-service (SaaS) via the internet. No local installation is performed on the customer side.

(3) The specific scope of services depends on the booked pricing tier, including the usage limits defined therein.

4. Pricing Tiers and Usage Limits

(1) The software is offered in the following pricing tiers:

• Starter: free of charge, limited scope of features
• Small: up to 2,000 plays per month
• Medium: up to 10,000 plays per month
• Full: unlimited plays per month

(2) A "play" is the successful retrieval of an audio guide via the platform.

(3) If the agreed usage limits are exceeded, the Provider may:

• throttle usage,
• propose an upgrade to a higher tier, or
• temporarily restrict access.

(4) There is no entitlement to usage beyond the agreed limits.

5. Availability of the Software

(1) The Provider aims for high availability of the software but does not owe uninterrupted or always-available service.

(2) Maintenance work, security updates, and technical adjustments may lead to temporary restrictions.

(3) No defect exists in the event of downtime caused by:

• force majeure,
• failures of hosting, cloud, CDN, or third-party providers,
• internet or network disruptions outside the Provider's control,
• cyberattacks or necessary security measures.

(4) In addition, the current SLA Light policy applies; it is not part of the core performance obligation.

6. Support Services

(1) Support is provided exclusively by email.

(2) Scope, prioritization, and response targets depend on the respective pricing tier and the SLA Light.

(3) There is no entitlement to support services in the Starter tier (free of charge).

(4) Fixed response or resolution times are only owed if expressly agreed in writing.

(5) The customer acknowledges that the Provider operates as a sole proprietor without employees.

7. Customer Obligations

(1) The customer is solely responsible for the lawful use of the software and for the content uploaded by the customer.

(2) The customer must keep access credentials confidential and protect them from access by third parties.

(3) The customer is solely responsible for backing up its content and data.

8. Free Services (Starter Tier)

(1) Free services are provided voluntarily and without any entitlement to permanent availability.

(2) The Provider reserves the right to change, restrict, or discontinue free services at any time.

(3) Liability for free services is, to the extent permitted by law, limited to intent and gross negligence.

9. Liability for Server Outages and Cyberattacks

(1) The Provider is not liable for damages resulting from server outages, data loss, or functional restrictions unless caused intentionally or by gross negligence.

(2) In the event of cyberattacks (e.g. DDoS, malware, unauthorized access), the Provider is only liable in cases of demonstrable organizational or security fault.

(3) The Provider implements appropriate technical and organizational security measures but does not owe absolute protection against external attacks.

10. General Limitation of Liability

(1) Regardless of legal basis, the Provider is liable only for typical and foreseeable damages.

(2) In cases of slight negligence, the Provider is liable only for breaches of essential contractual obligations (cardinal obligations).

(3) Liability is limited in amount to the annual contract value.

(4) The limitations of liability do not apply in cases of:

• injury to life, body, or health,
• mandatory statutory liability (e.g. product liability).

11. Contract Term and Termination

(1) Contract term and notice periods depend on the respective offer.

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

12. Data Protection

The Provider processes personal data exclusively in accordance with applicable data protection laws.

Details are set out in the privacy policy.

13. Changes to these Terms

(1) The Provider reserves the right to amend these Terms if required for legal, technical, or economic reasons.

(2) Customers will be informed of changes in due time.

14. Final Provisions

(1) The laws of the Federal Republic of Germany apply.

(2) To the extent permitted by law, the place of jurisdiction is the Provider's registered office.

(3) Should any provision of these Terms be invalid, the validity of the remaining provisions shall remain unaffected.