Terms and Conditions

1. Jurisdiction

In the event of any disputes arising from the contractual relationship, if the Client is a merchant, a legal entity under public law, or a special fund under public law, any legal action must be brought before the court with jurisdiction over the Contractor’s place of business in Aschaffenburg. The Contractor is also entitled to bring legal action at the Client’s principal place of business.

2. Maintenance Window

The following maintenance windows are agreed upon for periodic, scheduled, or unscheduled maintenance work on Mainition’s server system or infrastructure that is necessary to ensure the continuity and security of ongoing operations, as well as for performing data backups and installing updates or upgrades:

a) Scheduled maintenance windows: Daily from 9:30 p.m. to 3:00 a.m. (overnight), as well as on Saturdays and Sundays.

b) Unscheduled maintenance windows: Additionally, Mainition and the customer may agree on further maintenance windows as needed. Mainition also reserves the right, in individual cases, to perform maintenance work even without prior agreement with the customer if such work is absolutely necessary to maintain and ensure the security of ongoing operations and prior coordination with the customer is not possible due to time constraints. Mainition will inform the customer about the maintenance work no later than upon completion of the maintenance work.

3. Support response times

The response time for support requests is 24 hours from the time the request is received. Support requests can be submitted via email to support@mainition.de or by phone. Mainition strives to provide a qualified response within this timeframe and to take the necessary steps to resolve the issue. The response time applies to business days and covers the hours from Monday through Friday, excluding public holidays at Mainition’s headquarters.

4. Usage Monitoring and License Violations

The Customer is responsible for monitoring the use of the SaaS Services and must immediately notify Mainition in writing of any use that exceeds the contractual agreements, particularly if the agreed-upon employee licenses are exceeded. In such cases, the Customer is obligated to sign an amendment agreement that specifies the additional use and the corresponding fees. The corresponding fees accrue from the date on which the excess usage began. Mainition is entitled to verify that the use of the SaaS services complies with the contract, in particular compliance with the contractually agreed employee licenses.

5. Responsibility for AI agents

It is important that your employees understand that they are the managers responsible for their AI agents. This means that the human employee remains responsible for the content and flow of communication. Mainition is not responsible for any errors made by the AI agent, as control lies with the human employee.

6. No legal or tax advice

Mainition does not provide the customer with legal, accounting, or tax advice, and the customer relies solely on its own advisors for such advice.

7. Start of billing

Billing for the SaaS services begins no later than upon technical deployment and is calculated based on the monthly fee agreed upon in the offer. Unless otherwise agreed, the fee is due in advance for one month or one contract year, depending on the payment model.

8. Terms of Payment

Mainition’s invoices are payable in full (without any deductions, such as cash discounts) within fourteen (14) calendar days of the invoice date, unless otherwise agreed in writing. The date of payment shall be the date on which Mainition receives the funds or the date on which the amount is credited to Mainition’s account.

9. Additional Services and Billing

Mainition will offer and invoice separately, on the basis of a separate agreement and in accordance with the currently valid price list, any one-time services or work performed—particularly in connection with the implementation of SaaS services that may be required and requested by the customer but are not included in the SaaS services agreed upon in the SaaS Agreement.

10. Liability for ordinary negligence

In the event of a breach of material contractual obligations by Mainition due to simple negligence, liability for damages is limited to foreseeable damages typical for this type of contract. Damages typical of the contract and foreseeable are those damages that Mainition foresaw as a possible consequence of a breach of contract at the time the contract was concluded, or those that Mainition should have foreseen had it exercised the care customary in business dealings. Indirect damages and consequential damages resulting from the non-contractual performance of services are, furthermore, only compensable to the extent that such damages would have occurred under normal use

11. Maximum Liability Amount and Extension

In such cases, Mainition’s liability is limited to two hundred fifty thousand euros (€250,000.00) per claim. If, in the customer’s opinion, the foreseeable contractual risk exceeds this maximum liability amount by more than a negligible amount, Mainition is prepared to agree to a correspondingly higher liability limit in exchange for appropriate compensation for assuming the risk, provided that insurance coverage can be arranged for this purpose.

12. Right of Withdrawal

The customer may rescind the contract due to a breach of duty that does not relate to a defect in the purchased item or the work only if Mainition is responsible for such breach.

13. Data Protection and the GDPR

The parties process personal data in compliance with the applicable data protection regulations, in particular Regulation (EU) 2016/679 (General Data Protection Regulation, “GDPR”).

14. Transfer of Rights and Obligations

Mainition is entitled at any time to transfer the rights and obligations under the SaaS Agreement to companies within the Mainition Group or to other companies owned by Stefan Karrer or Andreas Alin.

15. Termination Provisions

Unless otherwise agreed, the SaaS solution may be terminated in writing with four weeks' notice, effective at the end of the month.