Terms of Use for SaleSphere

We are pleased that you are using SaleSphere (“SaleSphere”).

SaleSphere digitizes existing processes and simplifies administrative processes, so that the employee can concentrate on the customer conversation. The simple operation provides quick access to relevant information. SaleSphere is the solution to increase the efficiency of the entire sales process. SaleSphere enables you to access up-to-date information and documents at all times – also offline – and to arrange customer appointments individually and multimedia-based. It is easy to integrate SaleSphere into your existing IT landscape. The SaleSphere App (“SaleSphere App”) enables you to access SaleSphere via mobile devices, making it even easier to use SaleSphere and more often.

1. Consent to our Terms of Use, Registration

1.1 By accessing SaleSphere as a Customer (“Customer”) via the Sale Sphere App or by using, downloading or registering for the SaleSphere App, you agree to the following:
1.1.1 These SaleSphere Terms of Use (“Terms of Use”),
1.1.2 The SaleSphere data privacy statement (“Data Privacy Statement”).
1.2 Please read the Terms of Use and the Data Privacy Statement (together referred to as “Agreement”) carefully. The Agreement governs your use of the SaleSphere App and your access to SaleSphere via the SaleSphere App.
1.3 You must be registered to use SaleSphere.

2. Scope of Application of the Agreement

These Terms of Use apply to the use of the SaleSphere App, by means of which the Customer can also use functions of SaleSphere via mobile devices, irrespective of whether the Customer uses the “SaleSphere – Trial Version” or “SaleSphere” by mVISE AG (hereinafter “mVISE”).

3. Trial Version, SaleSphere

3.1 Trial Version by SaleSphere. A free trial version for SaleSphere gives the Customer free access to the contents of SaleSphere for a trial period of thirty (30) days. By means of the SaleSphere App, the Customer can use selected functions of the SaleSphere trial version via a mobile device. At the end of the trial phase, the Customer’s access to SaleSphere via the SaleSphere App ends. In case the Customer leases a license (License Agreement) for SaleSphere against payment during or after the trial phase, the use of the SaleSphere App is governed by the provisions of these Terms of Use concerning SaleSphere.
3.2 SaleSphere – License Agreement. In case the Customer concludes a License Agreement with mVISE in order to lease a SaleSphere license against payment, the Customer can access the functions of SaleSphere available via the SaleSphere App by means of its SaleSphere App during the term of the License Agreement.

4. Use of SaleSphere by the Customer

4.1 Conditions of Use. In order to use the SaleSphere App, the Customer needs a device which meets the current system and compatibility requirements for the SaleSphere App, a functioning Internet access, and compatible software. These requirements can influence the possibility to use the SaleSphere App and the functionality of SaleSphere available via the SaleSphere App. The Customer is responsible for its compliance with the system requirements. In order to be able to use the available functions of SaleSphere via the SaleSphere App, the Customer must have registered with mVISE for SaleSphere: Only Customers who have concluded an effective and active License Agreement with mVISE under the Terms of Lease for Software of mVISE concerning the access to and use of SaleSphere are entitled to use SaleSphere, or Customers who are allowed to use a trial version of SaleSphere for a limited period of thirty (30) days.
4.2 Age restrictions. The Customer must be at least 18 years old.
4.3 Updates. From time to time it may be necessary to install updates for the SaleSphere App in order to continue to use, access, and download the functions of SaleSphere which are available via the SaleSphere App as intended via the SaleSphere App. The use of the SaleSphere App requires that the Customer agrees to receive the automatically requested updates.
4.4 Unauthorized Access. The Customer is obliged to keep its user data safe and to refrain from passing them on to third parties.
4.5 Access Restriction. mVISE can restrict the access to SaleSphere via the SaleSphere App, in case the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances to the network, software or stored data, Internet operability or data protection require such restriction.
4.6 Availability of SaleSphere. The availability of SaleSphere via the SaleSphere App can be interrupted, for example for maintenance, repairs, improvements or due to power failures or device failures. mVISE may discontinue some or all of its services at any time, including certain features and the support for certain devices and platforms. Events beyond mVISE’s control may affect the SaleSphere App and SaleSphere, such as natural disasters and other events of force majeure.

5. License

5.1 SaleSphere Trial Version. Provided that the Customer agrees to the terms of the Agreement, mVISE grants the Customer, by means of a license, a non-exclusive, non-transferable, and non-sublicensable right of use to access, by means of the SaleSphere App, the functions of SaleSphere which are available via the SaleSphere App for a period of thirty (30) days. mVISE grants the Customer a license to the SaleSphere App for an access to the SaleSphere trial version only once.
5.2 SaleSphere. Provided that the Customer agrees to the terms of the Agreement and pays the agreed remuneration for the use of SaleSphere in accordance with the License Agreement concluded with mVISE, mVISE grants the Customer, by means of a license, a non-exclusive, non-transferable, and non-sublicensable right of use to access the software SaleSphere and the functions which are available via the SaleSphere App. mVISE grants the Customer the right of use during the term agreed upon with mVISE in the License Agreement, otherwise as long as mVISE and the corresponding holder of rights own the rights to provide the SaleSphere App. In addition mVISE grants the Customer the non-exclusive right to download copies of the corresponding contents to the Customer’s devices, and to use and stream them, insofar as such use is in compliance with the restrictions defined in the Terms of Use. Any and all rights with regard to the SaleSphere App and SaleSphere and its contents, which are not expressly granted to the Customer in the Terms of Use, remain with mVISE and the licensors.
5.3 Infringement of License Terms and Conditions. In case the Customer violates these Terms of Use, its rights under this license terminate immediately. In addition, mVISE is entitled to terminate the Customer’s access to the SaleSphere App in this case, without that the Customer would be entitled to a refund.
5.4 Sale, Distribution or Transfer to Third Parties. Without the consent of mVISE, the Customer may not sell, rent, lease, lease, redistribute, change, (publicly) transmit or make the SaleSphere App available in any other way. The Customer may not sublicense, transfer or assign the rights of use to third parties.
5.5 Safety Function. The Customer may neither by itself nor through third parties restrict, circumvent, deactivate or disable the security functions or encryptions protecting the SaleSphere App and SaleSphere.
5.6 Proprietary Notices. The Customer is not permitted to remove any proprietary or license notices in SaleSphere or in the SaleSphere App.

6. Remuneration

6.1 SaleSphere App is Free of Charge. The use of the SaleSphere App is free of charge to the Customer.
6.2 SaleSphere. This does not affect the remuneration for the use of SaleSphere. The remuneration for the use of SaleSphere is governed by the License Agreement concluded by and between the Customer and mVISE in connection with the Terms of Lease for Software by mVISE.
6.3 Trial Version. The use of the 30-day trial version of SaleSphere is free of charge during this period.

7. Performance Disruptions, Liability

7.1 Failure. The liability for any downtime of the SaleSphere App is excluded if the downtime is only negligible in relation to the total performance.
7.2 Limitation of Liability. mVISE shall only be liable to the Customer for any and all damages arising in connection with the use of the SaleSphere App – regardless of whether due to breach of contract or tort – in accordance with the following provisions:
7.2.1 In the event of intent or gross negligence, claims under the German Product Liability Act (Produkthaftungsgesetz), assumption of a guarantee as well as in case of damages resulting from injury to life, limb or health, mVISE shall be liable in accordance with the statutory provisions.
7.2.2 For damages caused by slight negligence, mVISE shall, subject to the limitations of the preceding paragraph, only be liable in case of a breach of an essential contractual obligation. In this case, the liability is limited to the typical foreseeable damage. An essential contractual obligation is an obligation which must be fulfilled in order to duly execute the contract and, accordingly, the contracting party may generally rely on the compliance with these obligations. mVISE’s liability shall be excluded in all other cases of slight negligence.
7.3 Employees, Representatives, Vicarious Agents. In case mVISE’s liability is excluded or limited, such limitation shall also apply to the personal liability of the employees, representatives, and vicarious agents of mVISE.

8. Data Security

8.1 Collection, Processing, Use. mVISE collects, processes, and uses the personal data provided by the Customer, as well as data on the type and frequency of its use of the services provided by mVISE, and, insofar as this is necessary for the execution and processing of the Agreement, in particular for the performance of Customer services and for the purposes of order data processing, mVISE transmits it to companies commissioned by mVISE for such purpose.
8.2 Data Privacy Statement. The collection, processing, and use of Customer data is based on mVISE’s Data Privacy Statement.

9. Term; Notice of Termination

9.1 In case of a use of a trial version, the right to use the SaleSphere App ends automatically after thirty (30) days. In case the Customer acquires a SaleSphere license against payment after the expiration of the trial version of SaleSphere, the Customer’s trial version of SaleSphere will be converted into a SaleSphere license against payment on the basis of the License Agreement concluded with mVISE, so that the right to use is determined by the duration set forth in the License Agreement concluded with mVISE.
9.2 The right to use SaleSphere ends automatically as soon as the term of the License Agreement concluded with mVISE ends or the Agreement on the use of the SaleSphere App is terminated by one of the contracting parties.
9.3 The termination of the SaleSphere App Agreement is permitted at the end of the contract term of the contract or of the trial period.
9.4 The right of termination without notice for cause remains unaffected.
9.5 Every notice of termination requires the written form.

10. Final Provisions

10.1 Governing Law. This Agreement is subject to the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
10.2 Place of Venue. Exclusive place of venue for any and all disputes arising under or in connection with the Agreement with merchants, public legal entities or special funds under public law shall be Dusseldorf, Germany.
10.3 General Terms and Conditions of the Customer. mVISE does not acknowledge any deviating or amending Terms and Conditions of the Customer.
10.4 Out-of-court Dispute Settlement Before a Consumer Arbitration Board. mVISE is neither obliged nor willing to participate in any extrajudicial settlement before a consumer arbitration board.
10.5 Modifications of the Agreement. mVISE shall be entitled to amend the content of the Agreement with the Customer’s consent, provided that the change is reasonable for the Customer, taking into account mVISE’s interests. The consent is deemed to have been given if the Customer does not object to the change in writing within four weeks after receipt of the notification of change. mVISE undertakes to inform the Customer in the amendment notification of the consequences of a failure to object.