Terms of Use

Niche Mates GmbH & Co. KG

These Terms of Use govern your use of the Niche Mates cross-platform Software-as-a-Service for collaboratively managing customer relationships. The company is located at Parkstraße 31a, 15738 Zeuthen, Germany.

§ 1 Scope of Application and General Provisions

1.1 These ToU apply to Niche Mates's cross-platform Software-as-a-Service for collaboratively managing customer relationships. The company is located at Parkstraße 31a, 15738 Zeuthen. Free services address both consumers and businesses. Paid Plans are exclusively for entrepreneurs. 1.2 Consumers use services outside their trade or profession. Entrepreneurs are natural or legal persons acting in their business capacity. 1.3 Deviations require express written confirmation from Niche Mates. Silence regarding customer terms doesn't constitute agreement. 1.4 Niche Mates may amend ToU for important reasons. Customers have one month to object. Changes to service scope require express consent.

§ 2 Conclusion of Contract

2.1 Customers select a login method and accept current versions of ToU, privacy policy, and data processing agreement by clicking "Next." This acceptance constitutes contract conclusion, creating a workspace for collaboration. 2.2 Paid Plan subscribers guarantee they act as entrepreneurs under German Civil Code.

§ 3 Scope of Services

3.1 The Software is a cross-platform SaaS for collaboratively creating, editing, and sharing presentations. 3.2 Niche Mates offers Free Plans and Paid Plans. Services depend on the selected Plan described on the Pricing Page. 3.3 Niche Mates reserves discretion to remove certain features from Free Plans. 3.4 Customers may add/remove workspace users. Free Plans allow free additional users; Paid Plans incur costs per the Pricing Page. 3.5 Customers may upgrade anytime. Downgrades require consent or notice period compliance. 3.6 Customers may adjust Paid Seats anytime without affecting contract term. Increases are pro-rated; decreases reduce next billing period costs.

§ 4 Use of the Software by the Customer

4.1 Software access occurs via browser or standalone application. 4.2 Customers may only use access for the contractually agreed purpose. 4.3 Customers must implement security precautions, including secure passwords, preventing unauthorized access. 4.4 Uploaded content must comply with law, not infringe third-party rights, and be legally authorized for entry. Niche Mates may process, store, and retrieve this content. Niche Mates is entitled to delete content uploaded by the Customer if reasonable grounds exist. 4.5 Content in Software may only be used for the Contract Purpose. 4.6 Customers agree not to upload unlawful, racist, hostile, violent, discriminatory, harmful, harassing, defamatory, vulgar, or obscene content, nor content containing malicious software. 4.7 Customers indemnify Niche Mates from third-party claims regarding copyright, competition, trademark, or data protection violations arising from customer use, excluding Niche Mates's willful or gross negligence.

§ 5 Software Adaptation

5.1 Niche Mates may provide Individual Services through a separate service agreement adapting Software to customer needs. 5.2 Services follow the Individual Service Agreement terms. Customers must cooperate fully.

§ 6 Availability

6.1 Niche Mates isn't responsible for data links between customer IT systems and the Transfer Point (data center router exit). Customers procure necessary hardware and telecommunications connections at their expense. 6.2 Software availability depends on the Plan. Free Plans have no guaranteed availability; Paid Plans guarantee 99% yearly average. 6.3 While striving for quality, Niche Mates does not owe the comprehensive error-free operation of Software. Only guaranteed availability level applies. 6.4 Excluded Downtime: problems beyond Niche Mates responsibility, customer cooperation breaches, and normal maintenance up to five hours monthly.

§ 7 Software Operation and Changes

7.1 Niche Mates uses current technology, regularly updating Software for technical/commercial requirements, new features, or improvements. 7.2 Material Changes (impairing contract suitability) require four-week advance notice. Customers have two weeks to object. Failure to object makes changes contractual. 7.3 If Niche Mates cannot provide Software without Material Changes for technical reasons, customers may terminate within four weeks of receiving formal notification.

§ 8 Publication of Content on nichemat.es

8.1 Published content must comply with law, not infringe rights, and be legally authorized. Niche Mates may process and store this content. Niche Mates does not review the Customer Content before publishing but may delete non-compliant content. 8.2 Sections 4.6 and 4.7 apply to published content accordingly.

§ 9 Warranty for Material and Legal Defects

9.1 Niche Mates warrants Software matches the agreed scope and lacks material/legal defects materially impairing Contract Purpose suitability. 9.2 Customers must immediately report defects. Niche Mates remedies duly notified defects within reasonable timeframes.

§ 10 Liability

10.1 No-fault liability for pre-contract defects is excluded unless essential to Contract Purpose. 10.2 Niche Mates is liable for willful misconduct, gross negligence, negligent violation of material duties (limited to foreseeable damages), negligence causing injury, or compulsory statutory liability. 10.3 Customer contributory negligence applies. Niche Mates is liable for data recovery only when customers take necessary backup precautions. 10.4 This liability arrangement is comprehensive for all damage claims regardless of legal ground. 10.5 Customers must immediately notify Niche Mates of damages in text form.

§ 11 Non-contractual Use, Damages

11.1 Unauthorized contractual service use requires payment of compensation equivalent to the minimum contract period rate. Customers may prove non-responsibility or lesser damage. 11.2 Niche Mates retains rights to claim further damages.

§ 12 Limitation of Claims

12.1 Non-defect breach claims become time-barred within one year, except intentional/gross negligence. Personal injury claims follow statutory limitations. 12.2 Contract rescission or payment reduction becomes invalid when performance claims time-bar.

§ 13 Copyright and License

13.1 Software is copyright-protected. Niche Mates represents lawful operation, non-violation of law, and no third-party infringement, indemnifying customers accordingly. 13.2 Customers have non-transferrable, non-exclusive, temporally restricted rights to use the Service for contractual purposes only. No copying, decompiling, reverse engineering, or editing beyond Contract Purpose is permitted. 13.3 Software includes third-party open source software.

§ 14 Feedback

14.1 Customers consent to Niche Mates freely using, exploiting, and developing provided feedback.

§ 15 Purchase of Rights to Third Party Content

15.1 Services may allow acquiring third-party content rights. Niche Mates acts as reseller. 15.2 Compensation, conditions, and usage rights are governed by the Pricing Page or separate agreements.

§ 16 Set-off, Reduction, Retention

16.1 Customers may set-off, reduce, or retain only for legally established, undisputed, or acknowledged counterclaims. 16.2 Retention rights require counterclaims from the same contractual relationship. 16.3 Reclamation of undue remuneration remains unaffected.

§ 17 Term and Termination

17.1 Contract term and terminability follow Pricing Page provisions. 17.2 Free Plans run indefinitely with immediate termination by either party (if Pricing Page silent). Paid Plans run one month with monthly renewal unless terminated (if Pricing Page silent). 17.3 Extraordinary termination occurs for: serious obligation breach, customer payment arrears exceeding two months, insolvency proceedings, insolvency reasons under German law, or financial deterioration preventing performance. 17.4 All terminations require text form declaration.

§ 18 Secrecy

18.1 Parties maintain temporally unlimited confidentiality regarding confidential information obtained contextually, unless necessary for Contract performance. Confidential information includes operating routines, business relations, trade secrets, work results, and business models. 18.2 Exempt information: previously known or obtained through third parties without agreement breach; public knowledge (unless from breach); legally required disclosure (with advance notice when feasible). 18.3 Third-party disclosure requires express written approval. 18.4 Parties ensure employees/contractors maintain temporally unlimited confidentiality, disclosing only necessary information. 18.5 Customers consent to Niche Mates disclosing the collaboration and using company logos for marketing. The Customer may revoke this consent at any time by declaration in text form.

§ 19 Data Protection

19.1 Niche Mates treats customer personal data per data protection standards. 19.2 Niche Mates acts as data processor per GDPR Article 28 for customers entering personal data. A data processing agreement concludes during registration.

§ 20 Final Provisions