Terms & Conditions

1. Scope and Definitions

These Terms and Conditions ("Terms") apply to all contracts between EViRAL and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (hereinafter "Customer").

EViRAL's services are directed exclusively at commercial customers (B2B). Contracts with consumers within the meaning of Section 13 BGB are not concluded.

Deviating, conflicting, or supplementary general terms and conditions of the Customer shall not become part of the contract unless EViRAL expressly agrees to their validity in text form.

2. Subject Matter of the Contract and Services

EViRAL offers digital services for businesses.

These may in particular include:

  • provision of a cloud-based reputation management platform
  • creation and provision of company websites
  • provision of AI-supported communication solutions, in particular telephone assistant systems
  • automation of communication or feedback processes
  • analysis and reporting functions

The specific scope of services is determined by:

  • the tariff or package booked in each case
  • the service description on our website
  • individual offers or agreements

The services are generally provided as cloud-based services or Software as a Service (SaaS).

Local installation at the Customer's premises is not owed.

EViRAL is entitled to use technical service providers or subcontractors for the provision of services.

3. User Account and Registration

The creation of a user account may be required in order to use certain services. The Customer undertakes to:

  • provide complete and correct information
  • update changes to its data without delay
  • keep access data confidential

The Customer is responsible for all activities carried out via its user account.

EViRAL is entitled to block or delete accounts if:

  • false information has been provided
  • misuse occurs
  • payments remain outstanding

4. Use of the Platform and License

For the duration of the contract, EViRAL grants the Customer a simple, non-transferable, and non-sublicensable right to use the software and platform provided.

The Customer is in particular not entitled to:

  • reproduce the software or platform
  • sell, rent out, or pass on the software
  • circumvent technical protection mechanisms
  • copy or extract parts of the platform

5. No Right of Withdrawal

Since the offer is directed exclusively at entrepreneurs, there is no statutory right of withdrawal.

6. Service Changes and Third-Party Providers

EViRAL uses third-party providers for hosting, platform operation, telephony, AI services, communication, and payment processing.

If a third-party provider changes or discontinues services, EViRAL may use an equivalent replacement solution.

As long as the essential functions are maintained, this shall not give rise to a special right of termination.

7. Customer Obligations and Responsibility

The Customer is solely responsible for all content, data, and processing activities.

The Customer ensures that it is entitled to process personal data of its end customers and that those end customers have been informed about the corresponding data processing activities.

The Customer may not distribute unlawful content or process it via the platform.

The Customer shall indemnify EViRAL against all third-party claims arising from unlawful use of the services.

8. Contract Term, Renewal, and Termination

The contract term results from the selected tariff or offer.

Terminations must at least be made in text form (e.g. by email).

If termination is not given no later than three months before the end of the minimum term, the contract shall automatically renew by the originally agreed contract term.

The right to extraordinary termination for good cause remains unaffected.

After the end of the contract, access to the services may be deactivated.

The Customer is responsible for securing and exporting its data.

9. Prices and Payment Terms

Prices result from the respective offer, tariff, or ordering process.

Billing is generally carried out monthly in advance.

Payment can be made via Stripe or other offered payment methods.

If the Customer is in default of payment, EViRAL is entitled to:

  • charge default interest
  • temporarily block access to the platform or to services

Early termination or non-use does not release the Customer from the payment obligation for the agreed contract term.

10. Third-Party Providers, Availability, and Technical Changes

EViRAL uses external systems for hosting, infrastructure, communication, telephony, AI processing, and payment processing.

Technical systems, providers, or structures may be adjusted or replaced at any time.

Uninterrupted availability of the services cannot be guaranteed.

11. Intellectual Property

All rights to the software, platform, content, designs, and technologies are held by EViRAL or its licensors.

12. AI Content

Some functions may be based on artificial intelligence.

AI-generated content serves only as suggestions or automated processing aids.

The Customer remains fully responsible for:

  • content
  • publications
  • legal admissibility

EViRAL is not liable for consequences arising from incorrectly adopted AI content.

13. Warranty

EViRAL owes performance in accordance with the current state of the art.

Complete freedom from errors or permanent availability is not owed.

14. Liability

EViRAL is liable without limitation in cases of:

  • intent
  • gross negligence
  • damages resulting from injury to life, body, or health

In cases of simple negligence, EViRAL is only liable for breaches of essential contractual obligations and limited to the foreseeable, typical damage.

15. Data Protection and Processing on Behalf

The processing of personal data is carried out in accordance with our privacy policy.

Insofar as EViRAL processes personal data on behalf of the Customer, this is done within the framework of processing on behalf pursuant to Article 28 GDPR.

The Data Processing Agreement (DPA) forms an integral part of this contract and is available at the following link: Data Processing Agreement (DPA).

16. Amendments to the Terms

Amendments to these Terms shall be communicated to the Customer in due time.

If the Customer does not object within four weeks after notification, the amendments shall be deemed accepted.

Price changes will likewise be announced at least four weeks in advance.

17. Final Provisions

German law applies.

The place of jurisdiction for all disputes arising from contractual relationships with entrepreneurs is Duisburg.

Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

Provider

EViRAL

Owner: Mert Özcan

Friedrich-Ebert-Straße 322

47139 Duisburg

Email: eviralgermany@gmail.com