Terms of use | TalkCRM

Status: 23.1.2024

1. Scope of application and contractual partners

These terms of use apply to the use of the TalkCRM app, provided by aissistance GmbH, Magirus-Deutz-Straße 16, 89077 Ulm, Germany.
TalkCRM is an application for customer relationship management. The exact functions are described in the product description on the TalkCRM website: www.talkcrm.io
Users of the TalkCRM app are natural or legal persons who download, install or use the TalkCRM app (hereinafter referred to as "users").

2. Services and obligations of the provider

By using the TalkCRM app, users agree to these terms of use. Deviating or supplementary terms and conditions of the users are not recognised, unless the provider expressly agrees to them in writing.
The provider makes the TalkCRM app available to users in the current version and grants them a non-exclusive, non-transferable and revocable right to use the TalkCRM app.
The provider endeavours to operate the TalkCRM app smoothly and securely, but cannot guarantee that the TalkCRM app is available, up-to-date, correct, complete or free of errors.
The provider reserves the right to change, expand, restrict or discontinue the TalkCRM app at any time, in particular for technical, legal or economic reasons.
The provider is authorised to amend or supplement the terms of use at any time, provided this is reasonable for the users. Users will be informed of the changes or amendments at least four weeks before they come into force by e-mail or in the app TalkCRM will be informed. If users do not object to the amended or supplemented Terms of Use within four weeks of being informed, they shall be deemed to have accepted them. The provider will inform users of the significance of the deadline and the consequences of remaining silent

3. Services and obligations of users

Users are responsible for procuring, installing and updating the necessary hardware and software and for complying with the technical requirements for using the TalkCRM app.
Users are obliged to use the TalkCRM app only in accordance with these Terms of Use and the applicable laws. In particular, users may not use the TalkCRM app for illegal, abusive, insulting or offensive purposes,use the content for defamatory, discriminatory, threatening, pornographic or other offensive purposes or violate the rights of third parties, such as copyright, trademark, data protection or personal rights.
Users are obligated not to manipulate, hack, or modify the TalkCRM app, decompile, modify or reproduce the TalkCRM app or allow or facilitate access to the TalkCRM app by third parties.
Users are obliged not to overload, disrupt or interfere with the TalkCRM app, impair or jeopardise the security or functionality of the TalkCRM app or the underlying systems or networks.
Users are obliged not to rent, lend, sell, licence or dispose of the TalkCRM app or to transfer any other rights to the TalkCRM app to third parties, transferred or assigned.
Users are obliged to keep the data entered or stored in the TalkCRM app confidential, to regularly back up and update the processed data. The provider is not responsible for the loss or damage of user data.
Users are obliged to notify the provider immediately of any disruption, malfunction or other impairment of the TalkCRM app

4. Liability

The provider is liable for intent and gross negligence as well as for damages resulting from injury to life, limb or health in accordance with the statutory provisions.
The provider shall only be liable for slight negligence if it has breached a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract or the breach of which jeopardises the achievement of the purpose of the contract and on compliance with which the user may regularly rely. In this case, the provider's liability is limited to the foreseeable damage typical for the contract.
Liability for indirect or unforeseeable damage, loss of production or loss of profit is excluded. Loss of use, loss of profit, loss of savings or financial losses due to third-party claims are excluded in the event of slight negligence.
Liability for data loss or damage is limited to the typical restoration costs that would have been incurred if backup copies had been made regularly and in accordance with the risks involved.
The limitations or exclusions of liability do not apply if the provider has assumed a guarantee for the quality of the TalkCRM app or if liability exists under the Product Liability Act. The limitations or exclusions of liability also apply to the legal representatives, employees and vicarious agents of the provider

5. Data protection

The provider undertakes to collect, process and utilise the personal data of users only within the framework of the statutory provisions.
The provider informs users in a separate privacy policy about the type, scope, purpose, duration and legal basis of data processing as well as their rights and options for protecting their privacy.
Users consent to data processing by the provider insofar as this is necessary for the fulfilment of the contract or for the protection of the provider's legitimate interests.
The user is solely responsible for the content and legality of the data processed by him via the TalkCRM app. In particular, the user may not process personal data that is not subject to its express consent or legal authorisation. The provider is not liable for any breach of data protection regulations by the user.
The user acknowledges that the TalkCRM app is based on external services of OpenAI which require the transfer of data to servers in the USA. The user agrees that his/her data may be transferred to OpenAI and processed there for the purposes of providing and improving the TalkCRM app. The provider shall ensure that an appropriate level of data protection is maintained by adhering to the standard contractual clauses for the transfer of personal data to third countries that have been approved by the European Commission.
For some functions of TalkCRM that are based on OpenAI technology, the OpenAI terms of use also apply (available at https://openai.com/policies/terms-of-use).

6. Final provisions

The contract is subject to the law of the Federal Republic of Germany.
The place of jurisdiction is Ulm.
Should individual provisions of this contract be or become invalid or unenforceable, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that fulfils the economic purpose of the invalid or unenforceable provision, provision comes closest. The same applies to any contractual loopholes

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