Valid from October 30, 2024
Pingtide is a monitoring software provided as Software-as-a-Service (SaaS) via the Internet. It offers website and ssl-monitoring for businesses of all sizes.
This contract (GTC) governs the legal relationship between Mindweb GmbH, Hegestraße 40, 20251 Hamburg (“Mindweb”) and its customers (“Customer”) regarding the provision of the management software “Pingtide” for use via the Internet (Software as a Service). Mindweb does not provide its services to consumers, but exclusively for the purposes of the Customer’s commercial or independent professional activity.
The validity of deviating or additional provisions beyond these regulations is excluded. This applies in particular to the Customer’s General Terms and Conditions, even if Mindweb accepts an order from the Customer in which the Customer refers to their general terms and conditions and/or to which the Customer’s general terms and conditions are attached and Mindweb does not object to this.
The contract is concluded when the Customer accepts these GTC by clicking the corresponding checkbox when entering their email address in the registration form and clicks on “Continue”.
§ 312i para. 1 no. 1, 2 and 3 BGB as well as § 312i para. 1 sentence 2 BGB, which provide for certain obligations of the entrepreneur in contracts in electronic commerce, are waived.
Mindweb provides the Customer with the website monitoring software described at https://pingtide.com/ under the name “Pingtide” (“Software”) for use via the Internet (“Service”).
The Software, including the program code executed locally in the Customer’s browser, may include third-party software (“Third-party Components”) and may use third-party web services (e.g., usefathom.com) (“External Web Services”).
Mindweb provides the Customer with the Service with an availability of 99.0% on average per calendar year during operating hours (“Target Availability”).
The Customer performs the initial setup of the Service (individual settings or data entry/import) themselves.
Mindweb provides email support to assist with the use of the Service for customers of a paid package.
Unless otherwise agreed, Mindweb only owes the provision of user documentation as online help or PDF user manual.
Mindweb may change the Service (including system requirements) for good cause.
Mindweb is entitled to engage subcontractors to provide services, in particular data centers for hosting the Software.
The Customer owes Mindweb a monthly or annual usage fee for the use of the Service during the contract period, depending on the contract duration.
The usage fee is due at the beginning of the contract and then – depending on the contract duration – monthly or annually in advance.
§ 4 Obligations and Responsibilities of the Customer
The Customer must provide the necessary cooperation for the provision of the service.
The Customer undertakes to use the Software and all content and information provided via the Service only within the scope of the agreed purpose of use.
The Customer is obliged to comply with legal provisions and in particular to ensure that their content does not violate applicable law or the rights of third parties.
Mindweb collects, processes, and uses the data provided by the Customer only within the scope of contract performance.
The Customer has the right to correction, blocking, and deletion of their data in accordance with the applicable data protection regulations.
The parties agree that all personal data processed in the context of this contract will be treated in accordance with the General Data Protection Regulation (GDPR).
For more detailed information on data protection, please refer to our separate Privacy Policy available at [insert link to Privacy Policy].
The statutory claims for defects of the Customer apply to the Service, unless otherwise regulated in these GTC.
The Customer must immediately notify Mindweb in writing of any defects in the Service.
The Customer shall indemnify Mindweb against all claims of third parties that are asserted due to a violation of the Customer’s obligations set out in these GTC.
Mindweb is only liable for damages caused intentionally or through gross negligence. This limitation does not apply to damages resulting from injury to life, body, or health, or the breach of essential contractual obligations.
The contract begins with the conclusion of the contract and runs for an indefinite period.
The contract can be terminated in writing by either party with a notice period of four weeks to the end of a calendar month.
In the event of termination, the Customer will download all data that they have entered into the Software within a period of four weeks after termination.
Mindweb is entitled to change these GTC. Any changes will be communicated to the Customer in writing or via email at least four weeks before they take effect. The Customer has the right to object to these changes within two weeks of receiving the notification. If the Customer does not object, the changes are considered accepted.
For all disputes arising from and in connection with this contract, the place of jurisdiction is Hamburg.
The law of the Federal Republic of Germany applies exclusively.
Refund: Mindweb offers a 14-day money-back guarantee from the date of contract conclusion. Within this period, the Customer can request a full refund without giving any reason.
Cancellation: The Customer can cancel their contract at any time. For monthly subscriptions, the cancellation will take effect at the end of the current billing period. For annual subscriptions, no refund will be provided for the remaining time.
Request Process: Refunds and cancellations can be requested via email to support@pingtide.com.
