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 SaleSphere 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 SaleSphere GmbH.

3. Trial Version, SaleSphere, Subscription

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. Customers, as users of the free trial version, can make in-app purchases, as far as this is offered by SaleSphere GmbH. In-app purchases are additional contents or subscriptions, which a Customer may purchase within the SaleSphere App on its iOS-device, Android-device and/or computer.
3.2 SaleSphere – License Agreement. In case the Customer concludes a License Agreement with SaleSphere GmbH 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.
3.3 Subscriptions. Every Customer, who is using the free trial version, may conclude a subscription. Rates for subscriptions are as follows:

Subscription (License): Single-User-License

Minimum term: 12 months

Price per year: 349,99 EUR

3.4 Terms. A subscription can be concluded via in-app purchase within the SaleSphere App under the conditions as follows:

3.4.1 Conclude a subscription. A subscription can be concluded by an in-app purchase. For this purpose, the “Purchase All Access for 12 Months” tile on the homescreen of the SaleSphere App needs to be activated. Afterwards, the customer using the free trial version, selects the duration of the subscription (12 months) and selects “continue”. The Customer, using the free trial version, will explicitly be informed that he is obliged to pay the respective fees when concluding a subscription.

3.4.2 Terms of payment. The terms of payment are provided in the respective store (App store for iOS-devices and Play store for Android-devices) when concluding a subscription within the SaleSphere App.

When concluding a subscription over the SaleSphere App, mainly the following terms of payment apply:

The entire amount due is payable at the time of the conclusion of the contract; i.e. when a Customer concludes a twelve (12)-month-subscription the respective amount (EUR 349.99) will be debited.

3.4.3 Automatic renewal. Unless the subscription is terminated by the Customer, who concluded the subscription via in-app purchase, the latest 24 (twenty-four) hours before the termination of the original subscription, the subscription will automatically be renewed for the time period of the initial duration of the subscription. The full amount due will be invoiced within 24 (twenty-four) hours before termination of the initial duration.

3.4.4 Termination of the subscription. A Customer is entitled to terminate the subscription concluded via in-app purchase at any point with effect to the termination of the then current duration of the subscription by deactivating the automatic renewal in the settings of the App store/Play store. SaleSphere GmbH informs the Customer about the possibility to terminate/not renew the subscription the earliest three (3) months and the latest one (1) month before the expiry of the deadline to reject the automatic renewal via e-mail or the chat-function of the SaleSphere App.

3.4.5 Information. The Customer will be informed about these terms prior to concluding the subscription by using the “continue”-button.

3.4.6 App Store, Play Store. Complete and up-to-date information are available in the general terms of the respective store, which are available at the following links:

App Store: https://www.apple.com/legal/internet-services/itunes/

Play Store (US): https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=US

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 SaleSphere GmbH for SaleSphere: Only Customers who have concluded an effective and active License Agreement with SaleSphere GmbH under the Terms of Lease for Software of SaleSphere GmbH 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. SaleSphere GmbH 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. SaleSphere GmbH may discontinue some or all of its services at any time, including certain features and the support for certain devices and platforms. Events beyond SaleSphere GmbH’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, SaleSphere GmbH 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. SaleSphere GmbH 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 SaleSphere GmbH, SaleSphere GmbH 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. SaleSphere GmbH grants the Customer the right of use during the term agreed upon with SaleSphere GmbH in the License Agreement, otherwise as long as SaleSphere GmbH and the corresponding holder of rights own the rights to provide the SaleSphere App. In addition SaleSphere GmbH 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 SaleSphere GmbH and the licensors.
5.3 In-app purchases. A Customer, who is using the free trial version of the SaleSphere App, can conclude a subscription as stipulated in Section 3.3 by purchasing a license.
5.4 Right of withdrawal for in-app purchases. With every in-app purchase the Customer has a right for withdrawal as described in the following:
5.4.1 Right of withdrawal for in-app purchases (e.g. concluding a subscription). If a Customer wants to withdraw his in-app purchase he may do this within 14 days after receipt of the invoice without giving any reasons.
5.4.2 Withdrawal procedure. To withdraw his purchase a Customer has to inform SaleSphere GmbH about his decision. To ensure immediate processing of the withdrawal, SaleSphere GmbH suggests using the functions of the respective store – if possible – where the purchase took place (in detail compare: Apple Store https://www.apple.com/legal/internet-services/itunes/de/terms.html). Nevertheless, the Customer also has the right to inform SaleSphere GmbH about his decision to withdraw the purchase by using the standard withdrawal form or by giving an explicit statement, e.g. via e-mail to salesphere@mvise.de.
5.5 Withdrawal period. To ensure compliance with the withdrawal period the Customer has to send the withdrawal prior to expiration of the 14-day-time limit.
5.6 Consequences of withdrawal. SaleSphere GmbH will refund the payment made by the Customer to the Customer within 14 days of reception of the withdrawal. For this purpose, SaleSphere GmbH will use the same method of payment which the Customer used for his payment. In this context, SaleSphere GmbH will not charge any fees.
5.7 Exceptions to the right of revocation. A Customer loses the right to withdrawal the purchase of digital contents, if the delivery started with information of the loss of the right to withdrawal and the explicit approval of the customer.
5.8 Standard withdrawal form.
To: SaleSphere GmbH, Wahlerstrasse 2, 40472 Dusseldorf
Herewith, I withdraw the following contract: [order number and type of license]
purchased on [date]
Name of the Customer
Address of the Customer
e-mail address of the Customer (optional)
Date.
5.9 Infringement of License Terms and Conditions. In case the Customer violates these Terms of Use, its rights under this license terminate immediately. In addition, SaleSphere GmbH 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.
5.10 Sale, Distribution or Transfer to Third Parties. Without the consent of SaleSphere GmbH, 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.
5.11 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.
5.12 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 SaleSphere GmbH in connection with the Terms of Lease for Software by SaleSphere GmbH.
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. SaleSphere GmbH 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, SaleSphere GmbH shall be liable in accordance with the statutory provisions.
7.2.2 For damages caused by slight negligence, SaleSphere GmbH 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. SaleSphere GmbH’s liability shall be excluded in all other cases of slight negligence.
7.3 Employees, Representatives, Vicarious Agents. In case SaleSphere GmbH’s liability is excluded or limited, such limitation shall also apply to the personal liability of the employees, representatives, and vicarious agents of SaleSphere GmbH.

8. Data Security

8.1 Collection, Processing, Use. SaleSphere GmbH 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 SaleSphere GmbH, 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, SaleSphere GmbH transmits it to companies commissioned by SaleSphere GmbH for such purpose.
8.2 Data Privacy Statement. The collection, processing, and use of Customer data is based on SaleSphere GmbH’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 SaleSphere GmbH, so that the right to use is determined by the duration set forth in the License Agreement concluded with SaleSphere GmbH.
9.2 The right to use SaleSphere ends automatically as soon as the term of the License Agreement concluded with SaleSphere GmbH 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. SaleSphere GmbH 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. SaleSphere GmbH is neither obliged nor willing to participate in any extrajudicial settlement before a consumer arbitration board.
10.5 Modifications of the Agreement. SaleSphere GmbH 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 SaleSphere GmbH’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. SaleSphere GmbH undertakes to inform the Customer in the amendment notification of the consequences of a failure to object.

Version 12.03.2020

Hosted in Germany

SaleSphere is hosted exclusively in German data centers. In this context, we guarantee our customers one hundred percent conformity with the EU GDPR.