1) Scope and definitions
Louyie is a product of Optiba GmbH and offers software for planning and monitoring corporate budgets via its websites www.louyie.com and app.louyie.com.
The terms used in these TOS are defined as follows: “User” is any natural or legal person who uses the Louyie Services. The “Services” provided by Louyie are the functions made available to the User through the Websites, such as creating a new budget plan or monitoring costs in a cost overview. The list of functions can be seen here: https://louyie.com/funktionen.
“User Data” means such data processed by Louyie on behalf of the User in the course of providing the Services. “Personal Data” means information relating to an identified or identifiable natural person. “Parties” shall mean Louyie and the User.
2) Registration, user account, user contract.
The use of Louyie services requires the creation of an online account by the User (the “Account”). The contract of use is concluded upon activation of the Account by the User after completion of the registration process. Only the language German is available for the conclusion of the contract.
The User is responsible for the accuracy of the information he/she provides and undertakes to promptly update his/her information or inform Louyie of any changes to the information.
The User shall not disclose access to the Account to third parties and shall take appropriate measures to prevent third parties from accessing his/her Account. The User is responsible for actions taken under his/her account, unless he/she is not responsible for these actions. The User shall also be responsible for any use by third parties that is made possible through the fault of the User.
The User agrees to notify Louyie immediately in the event of fraudulent or otherwise unauthorized use of his/her account and to change his/her access password immediately. All costs resulting from unauthorized use of the User’s account until Louyie is informed thereof shall be borne by the User, unless the User is not responsible for this.
Louyie shall not be liable for any damages resulting from the use of the account by third parties, with or without the consent of the User, unless Louyie is responsible for the use by the third party.
3) Packages, other services and remuneration
The User shall conclude the User Agreement for one package each. In this respect, the User can choose between different packages (Free, Starter, Pro, Business), each of which contains a specific range of functions. The available functions and scopes in the different packages can be found on the website https://louyie.com/funktionen.
By entering into a usage agreement for a package, the User agrees to pay the agreed upon remuneration to Louyie.
The prices displayed on the websites are exclusive of applicable VAT. Additional fees, if any, will be charged as agreed and in accordance with the applicable legal provisions.
4) Use of the Services
4.1 Compliance with applicable regulations
Each party declares that it will comply with the legal regulations applicable to its activity.
The User shall ensure that its use of the Louyie Services does not violate any laws, administrative regulations or applicable international agreements, in particular the laws of the Federal Republic of Germany, the law of the state in which the User has its place of business. In particular, competition, criminal, copyright, trademark, patent and name law regulations, regulations for the protection of minors and other rights of third parties must be observed.
Louyie reserves the right to assert claims for damages.
In addition, the User agrees to indemnify Louyie against all claims of third parties, including reasonable costs of legal defense or penalties, to which Louyie is exposed due to non-compliance with this provision, unless the User is not responsible for such non-compliance.
4.2 Protection of the User’s personal data
Louyie shall take all measures required under Article 32 of the GDPR to ensure the security of the Personal Data, in particular to prevent it from being falsified or damaged or from being accessed by unauthorized third parties.
These measures include:
In addition, access to the processing by Louyie services requires authentication of the accessing persons by an individual access code and password. The password and access code are sufficiently secure and are regularly renewed.
Any use of the Services that violates the rights of third parties is prohibited.
In the event of a violation of the provisions of section 4.2, Louyie reserves the right to admonish the Customer and / or block the User’s access to the Services in whole or in part. Louyie also reserves the right to otherwise deny or restrict a User’s access to his/her account or Services. In deciding whether to block the Account or deny or restrict the Services, Louyie will give due consideration to the User’s legitimate interests.
5) Delimitation of performance, responsibility and liability
5.1 Performance and responsibility of Louyie
Louyie guarantees an availability of the services of 98% on a quarterly basis. This does not take into account downtimes that are not based on a breach of duty by Louyie, such as attacks on the Operator’s systems by third parties, hardware failures through no fault of Louyie or cases of force majeure, as well as related unplanned maintenance work.
For the purpose of carrying out maintenance work, Louyie may temporarily interrupt access to the Services. In such a case, Louyie will notify the User in advance and limit the duration of the interruption to a minimum.
5.2 Liability of Louyie
The following provisions regarding liability and warranty of Louyie, its affiliates or partners, shall apply to all claims for damages, defects or substitute claims of the User arising out of or in connection with the use of the Services, irrespective of the legal grounds on which they are based (e.g. warranty, delay, impossibility, any breach of duty, existence of an impediment to performance, tort, etc.), but not to claims of the User
for damages resulting from injury to life, body and health,
in case of fraudulent concealment of a defect by Louyie or due to the absence of a quality for which Louyie has assumed a guarantee,
which are based on intentional or grossly negligent conduct by Louyie or its legal representatives, according to the Product Liability Act.
For the foregoing exceptions, the statutory provisions shall apply.
Louyie shall only be liable for slight or simple negligence in the event of a breach of essential obligations, i.e. obligations that enable the proper execution of the contract or the purpose of the contract or on whose compliance the contractual partner may regularly rely. In the event of a breach of material obligations due to slight or simple negligence, Louyie’s liability shall be limited to compensation for the typical damage foreseeable by Louyie at the time the contract was concluded. Otherwise, Louyie’s liability for slight or simple negligence is excluded.
If the User suffers damage as a result of the use of services provided free of charge on the Websites (including the retrieval of free content), Louyie shall only be liable to the extent that the damage occurred as a result of the contractual use of the free content and/or services, and only in the event of intent (including fraudulent intent) and gross negligence on the part of Louyie.
Louyie’s liability for grossly negligent damage caused by its vicarious agents is limited to the compensation of the typical damage foreseeable by Louyie at the time of the conclusion of the contract.
Louyie’s liability is limited in total to the remuneration that the User has paid to Louyie in the last 12 months prior to the occurrence of the damage.
The strict liability of Louyie in the area of tenancy law and similar user relationships for errors already existing at the time of conclusion of the contract is expressly excluded.
The User will be notified of any changes by email or directly on his/her Louyie account and will be asked to accept the change in order to continue using the Services. If a change is unfavorable to the User, the User will have 30 calendar days to cancel the package. If Louyie does not receive notice, the changes are deemed approved by the User.
7) Term, Termination
Free Packages do not have a specific contract term, either party may terminate the User Agreement properly with a notice period of one day to the end of the following day.
Paid Packages have a monthly or annual term, depending on what the User has booked when entering into the User Agreement. During this fixed term, the user agreement may not be terminated by either party for cause.
Paid packages shall be automatically extended at the end of the term of the package (e.g. one month) in each case by a further term corresponding to the initial term (according to the example: one month). Either party may prevent automatic extension of the term by giving notice beforehand.
The user can terminate the user contract in his account or by e-mail. If the User terminates a User Agreement for a Package, the Package shall continue to run until the end of the term already started and shall not be renewed then.
The right of the parties to terminate the user contract extraordinarily for good cause remains unaffected. In particular, Louyie is entitled to terminate for cause if the User violates these GTC.
In the event of termination by Louyie, the User shall be given the opportunity to view and, if necessary, back up the data stored on the Services for a period of 2 weeks.
8) Force majeure
The Parties shall not be liable if the non-performance or delay in the performance of any of their obligations is due to an event of force majeure.
Force majeure shall be understood as any external event that could not be prevented and prevents one of the parties from fulfilling its obligations or makes it excessively difficult.
Expressly considered as force majeure events, without this list being exhaustive or restrictive, are:
Wars, armed conflicts, riots, sabotage, acts of terrorism;
General or partial strikes, inside or outside Louyie, at a supplier or telecommunication operator, lockouts, blockades of transportation facilities or procurements for any reason whatsoever;
Natural disasters resulting in damage to Louyie’s infrastructure, such as fires, storms, floods, water damage;
Infectious diseases or epidemics at a place of performance relevant to the provision of services;
Governmental or legal restrictions, legal or regulatory changes in marketing forms, cases involving the suspension, revocation or cancellation of a permit by a relevant competent authority;
Interruptions of the network of Louyie, its subcontractor or its supplier as a result of computer failures, blockage of telecommunication means, whether due to external attacks, interruptions of services by the access provider or other persons, and any other event not attributable to Louyie, its subcontractor or its supplier that prevents the normal performance of the services provided;
Power supply interruptions of more than 48 hours.
Each party shall notify the other party of any force majeure event.
The parties agree that any acquiescence by one party to a situation shall not confer any rights in that respect on the other party. Furthermore, such acquiescence shall not be construed as a waiver of the rights in question.
10) Applicable law, place of jurisdiction
The User Agreement and these GTC shall be governed exclusively by the laws of the Federal Republic of Germany.
The exclusive place of jurisdiction for all disputes between the parties arising from or in connection with the user relationship shall be the state courts at the registered office of Louyie, unless another exclusive place of jurisdiction is established by law. However, Louyie may also sue the User at its general place of jurisdiction.
In case of questions of interpretation, the German version of the GTC shall remain authoritative.