Terms of Service
The present General Terms and Conditions (referred to hereinbelow as “Terms of Service”) apply to the services of teambay GmbH, Bersarinplatz 2, 10249 Berlin, entered in the Commercial Register kept by the Amtsgericht (Local Court) of Berlin-Charlottenburg, HRB 156993 (referred to hereinbelow as “teambay” or “we”) delivered to business customers (referred to herein below as “customer” or “you”) at www.teambay.com. In the event that the customer uses general terms and conditions of its own that contradict our Terms of Service set out here, these shall not become a component part of the agreement unless we have consented to them in writing.
teambay provides to its customers a subscription based service which consists of providing an app where the employees of the customer can enter their feedback regarding the customer/their work and of delivering a report of the results of the employees’ feedback to the customer.
Subscription to the teambay services / Conclusion of the contract
You can subscribe to the services of teambay by opening a business customer account on the teambay website. For this purpose, you must enter your e-mail-address in the corresponding online registration form available on the website. Afterwards we will e-mail a link to you by which you will need to confirm your e-mail-address. You will then be able to continue the registration process and set up your business account. By clicking on the “activate account” button at the end of the registration process you send to teambay a binding offer to conclude the agreement with regard to the teambay services. Teambay will immediately confirm the receipt together with the binding acceptance of the offer via e-mail. The agreement shall come into effect by this confirmation e-mail.
You will then be able to use the teambay services by logging in into your account.
You are under obligation to treat your login information (password) confidentially, to not provide it to any third parties and to store it such that third parties are not able to obtain knowledge of it, also not by chance. Should you have reason to believe that third parties are aware of your login information, or that it has been abused, you are under obligation to inform us of this fact immediately, in writing or via e-mail. As a matter of principle, you shall be held liable for any and all activities pursued using your customer account, unless you are not responsible for the abuse of your customer account because you did not violate your duty of care.
With your registration you undertake that all of the data you have provided are correct and complete. Should the data you have provided change after you have registered, you are under obligation to modify the information of your customer account yourself without undue delay.
Transfer of employee data
In order to enable the customer’s employees to use the app teambay will create user- profiles for the customer’s employees with the data submitted by the customer to teambay.
The customer ensures that the collection of employee data and their transfer to teambay is in compliance with data protection law.
Subscription term and Termination
The agreement is concluded for the subscription period chosen by the customer in the registration process (either month, a quarter or a year) and will be renewed automatically for another subscription period unless teambay or the customer terminates the agreement with a notice period of two weeks to the end of each subscription period.
The right to termination for cause remains unaffected.
Termination notices must be in in text form (e.g. by e-mail). The termination notice of the customer must be submitted to one of the following addresses of teambay:
Post: teambay GmbH
Charlottenstrasse 2, 10969 Berlin – Germany
Upon termination you shall immediately stop the use of the teambay Services.
Upon termination you may request a file of the reports of the results of the employees’ feedback elaborated by teambay during the term of the contract within 14 days. teambay will make available to you for download a comma separated value (.CSV) file. teambay has no obligation to maintain the data of your employees’ feedback after 14 days after the termination.
Fees and Payment
For the services provided by teambay – except for the Trial Version – the customer has to pay the monthly fees according to the price list of teambay depending on the number of the customer’s employees who use the app. Teambay bills in advance on a recurring basis according to the “Billing Cycle” (monthly, quarterly or annually) chosen by the customer in the registration process.
In case of a delay of the payment, late fees shall accrue interest at 2% per month, and you shall reimburse teambay for all collection costs and expenses.
The information that you have shared with teambay or any exchanged information between you or any individual within your organization are considered confidential and each party shall keep it as a secret. Neither party may disclose nor make available to a third party any confidential information without a written notice or as stated here in this agreement.
The customer agrees that teambay uses the commercial name or the commercial brand of the customer, in its marketing and sales materials as reference unless requested otherwise upon a signed written notice.
teambay will upon written notice of the customer delete individual employee’s feedback and provide an amended report to the customer.
Intellectual Property Rights
teambay services, including software, visual interfaces, graphics, design, texts, photographs, layouts and other elements are protected by copyright and other intellectual property rights.
We point out that the customer only acquires those rights of use with regard to these elements which are necessary in order to use the service of teambay according to this agreement (see below). The customer is especially not allowed to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any part of teambay Services.
If the Service is in a Trial Version as specified on teambay’s website, for the duration of the trial period the following shall apply: subject to the provisions of this Agreement teambay hereby grants to the customer a non-exclusive, non-transferable and non-sublicensable licence limited to the trial period to try and evaluate the software for its internal business purposes.
If the Service is not in a Trial Version as specified on teambay’s website, the following shall apply: Subject to the provisions of this Agreement as well as the payment of all due fees, teambay grants the customer a non-exclusive, non-transferable and non-sublicensable licence limited in time to the term of this agreement to use the software for its internal business purposes.
Without prejudice to the other statutory preconditions for a claim the following exclusions and limitations of liability shall apply to our liability:
- teambay shall be liable if we act with intent or gross negligence. teambay shall only be liable for simple negligence if we breach a duty which is indispensable to due and proper implementation of the agreement and which the customers may normally rely on teambay to observe (cardinal duty). If teambay is liable for simple negligence pursuant to the preceding sentence the liability shall be limited to the damage which one must typically reckon with on conclusion of the agreement in the light of the circumstances.
- The above exclusions and restrictions of liability shall not apply to damages resulting from injuries to life, limb or health, or guarantees or any claims under the Produkthaftungsgesetz (ProdHaftG, German Product Liability Act).
The same applies for any breaches of duty by the persons teambay employs in the performance of our obligations.
Modifications of the Terms of Service
teambay reserves the right to change less weighty provisions of these Terms of Service at any time without giving any reason, provided that such change does not result in an overall rearrangement of the contractual structure. The weighty provisions include in particular provisions, which are related to the nature and scope of the contractually agreed services, the duration and termination of the contract. The modified Terms of Service will be sent to the customer via e-mail at least six weeks prior to their coming into effect. The modified Terms of Service shall be deemed accepted, if the customer does not object in text form (e.g. by e-mail) to the validity of the modified Terms of Service within six weeks after receiving the e-mail. teambay commits to separately indicating the possibility to object and the meaning of the six-week period in the e-mail that contains the modified Terms of Service.
The agreement between teambay and the customer is governed by the laws of Germany without reference to its conflicts of laws principles. The place of jurisdiction for any dispute between teambay and the customer arising from this agreement is Berlin if the customer is a merchant, a legal entity under public law, or special assets governed by public law. Should individual clauses of the present Terms of Service be ineffective or null and void, either wholly or in part, this shall not impact the effectiveness of the other clauses.