General Terms and Conditions

(1) These General Terms and Conditions ("Terms") apply to all contracts for the use of the software-as-a-service platform FibreAct, including the web application, the mobile apps, the marketplace, the company websites and the add-ons (together the "Platform"). The provider is PARPALİ YAZILIM VE BİLİŞİM HİZMETLERİ TİCARET LİMİTED ŞİRKETİ, Beştepe Mah., Yenimahalle / Ankara, Türkiye ("Provider").

(2) The Platform is offered exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (each a "Customer"). By registering, the Customer confirms that it is acting in the exercise of its commercial or independent professional activity. Consumers within the meaning of Section 13 BGB are excluded from use.

(3) Deviating, conflicting or supplementary terms of the Customer do not become part of the contract, even if the Provider does not expressly object to them.

(4) In addition to these Terms, the data processing agreement under § 13 and the service description of the booked plans and add-ons applicable at the time of contract conclusion form part of the contract. In matters of data protection, the data processing agreement takes precedence over these Terms.

(5) The contract language is German. Translations of these Terms are for information only; only the German version is authoritative.

(1) The presentation of the Platform and the plans on the website does not constitute a binding offer. By completing the registration, the Customer submits an offer to conclude a usage contract. The contract is concluded when the customer account is activated.

(2) The Customer provides complete and truthful information during registration and throughout the term of the contract and keeps it up to date. The Provider may refuse a registration without giving reasons.

(3) The Customer may create further users, such as employees or subcontractors. The Customer ensures that these users comply with this contract and is responsible for their actions on the Platform as for its own. Access credentials must be kept secret. If there are indications of misuse of an account, the Customer informs the Provider without undue delay.

(4) If a free trial period is offered, it ends when the stated period expires without the need for termination. If the Customer does not book a paid plan by then, access is restricted. Individual functions and add-ons may be unavailable during the trial period.

(1) Paid plans and add-ons are offered through Paddle.com Market Limited, Judd House, 18–29 Mora Street, London EC1V 8BT, United Kingdom ("Paddle"), as reseller (merchant of record). The contract for the purchase of paid services is concluded with Paddle; Paddle’s buyer terms apply in addition. Paddle is responsible for invoicing, payment processing and the payment of sales tax. The provision of the services on the Platform is owed by the Provider under these Terms.

(2) The prices shown on the pricing page at the time of contract conclusion apply. All prices are exclusive of statutory VAT, where applicable. Subscription fees are payable in advance monthly or annually, depending on the chosen billing period.

(3) If the Customer changes to another plan or adds or removes add-ons during a billing period, the change takes effect immediately; fees are charged pro rata. A change to a smaller plan is only possible if current usage, such as the number of users, does not exceed its limits.

(4) The Provider may change the prices of ongoing subscriptions with effect from the start of a new billing period. The Provider announces the change in text form at least six weeks before it takes effect. In this case, the Customer may terminate the subscription as of the date the change takes effect; the Provider points this out in the announcement.

(5) If the Customer is in default of payment, the Provider may, after a reminder and expiry of a reasonable deadline, block access to paid functions until the outstanding amounts have been paid. Further rights remain unaffected.

(1) The Provider makes the Platform available to the extent set out in the service description of the booked plans and add-ons. The Platform is provided via the internet. The Customer is responsible for the internet connection, suitable devices and their software.

(2) The Provider makes the Platform available with an availability of 98 % on an annual average. Announced maintenance work and disruptions for which the Provider is not responsible, in particular disruptions of the internet outside the Provider’s sphere of influence and force majeure, do not count as downtime.

(3) The Provider may further develop the Platform and change functions, provided that the essential functions owed under the contract are preserved and the change is reasonable for the Customer.

(4) The mobile apps are provided via the app stores of Apple and Google; the terms of the respective app store apply in addition to their download and updates.

(5) Templates, notices and automatically generated content of the Platform, in particular imprint and privacy notices for company websites and machine translations, are working aids and do not constitute legal advice. The Customer reviews them on its own responsibility before use.

(1) A subscription runs for the chosen billing period of one month or one year and renews for the same period unless it is terminated with effect from the end of the current billing period.

(2) The Customer may terminate a subscription at any time with effect from the end of the current billing period via subscription management in the customer account or in text form to info@fibreact.com. Fees already paid for the current billing period are not refunded.

(3) The Provider may terminate a subscription in text form with four weeks’ notice to the end of a billing period.

(4) The right of both parties to terminate for good cause remains unaffected. Good cause exists for the Provider in particular if the Customer, despite a reminder, is more than 30 days in default with fees due or seriously or repeatedly, despite a warning, violates § 12.

(1) Add-ons can be booked for an ongoing paid subscription. They are billed in line with the billing period of the subscription and end no later than the subscription. The Customer may cancel add-ons at any time with effect for the future; fees are charged pro rata.

(2) Some add-ons require other functions, for example the "Custom domain" add-on requires a company website, or cannot be booked during the trial period. This is pointed out before booking.

(3) A one-time setup fee, shown before booking, applies to some add-ons. It is due upon booking and collected via the payment method stored for the subscription. If the add-on is cancelled later, the setup fee is not refunded. If the Customer books the same add-on again within twelve months after its last use, the setup fee is not charged again. If the setup does not take place for reasons for which the Provider is responsible, the setup fee is refunded.

(1) In plans with the "Company website" function, the Platform creates a website in a uniform layout from the Customer’s information. The website is available at an address of the form fibreact.de/<name> and, with the "Custom domain" add-on, under a domain of the Customer. There is no entitlement to an individual design.

(2) The website only becomes visible once the Customer has fully provided the mandatory imprint information, confirmed its accuracy and published the website. The Customer is the service provider of the website within the meaning of the German Digital Services Act (DDG) and is responsible for all content, including the imprint and privacy notices. The Customer ensures that it is entitled to publish all content, in particular that no copyrights, trademark, name or personality rights of third parties are infringed, competition law is complied with and the necessary consents of depicted persons have been obtained.

(3) At the Customer’s request, website texts are translated into further languages automatically using artificial intelligence. Machine translations are labelled as such and may contain errors; the Customer reviews them and can edit them at any time.

(4) Key figures determined from Platform data, such as the number of completed installations, areas of operation or the duration of Platform use, are only shown when defined minimum values are reached. The Customer can hide any key figure. The Customer is responsible for the accuracy of the displayed key figures, in particular if it maintains data on the Platform incompletely or incorrectly.

(5) Messages that visitors send via the website’s contact form are made available to the Customer in its customer account and automatically deleted after the period set by the Customer. The processing is carried out on behalf of the Customer under § 13.

(6) The Provider may refuse, change or release an address of the form fibreact.de/<name> if it infringes third-party rights, is misleading or is needed for the Platform. After a change, the previous address redirects to the new address.

(7) If the "Company website" function ends, for example due to a change to a plan without this function, only a business card with company name and logo is displayed at the address, which is not released for indexing by search engines. The content remains stored and is available again immediately after rebooking. Upon termination of the usage contract, § 13 (4) applies.

(8) If the Provider becomes aware of unlawful content or receives specific indications of violations of these Terms, it may block the website or individual content in whole or in part to the extent necessary for remedy. § 11 applies accordingly.

(1) With the "Custom domain" add-on, the Customer can operate its company website under its own domain. The Customer must be the holder of the domain or be entitled to use it. Registration, renewal and management of the domain are not part of the services and are the Customer’s responsibility.

(2) The Customer sets up the DNS records shown in its customer account with its domain provider. The Provider checks the records, including proof of control via a TXT record, and then provides a TLS certificate from the certificate authority Let’s Encrypt. Delays in the propagation of DNS records and restrictions caused by settings of the domain provider, such as CAA records, are outside the Provider’s sphere of influence.

(3) A domain can only be assigned to one company website. If a domain has already been confirmed for another customer, it can only be reassigned after clarification by the Provider.

(4) If the domain’s DNS records no longer point to the Platform, the website is no longer delivered under the domain until the records have been corrected and checked again.

(5) If the add-on or the "Company website" function ends, the domain is paused and visitors are redirected to the address under fibreact.de. If the add-on is not booked again within 30 days, the assignment of the domain is cancelled. If the setup is not completed with matching DNS records within 14 days after adding the domain, the process is cancelled; it can be restarted at any time.

(1) Via the marketplace, customers can advertise jobs and free capacity, apply for advertisements and show their company profile to other customers. Contracts for advertised services are concluded exclusively between the customers involved. The Provider is neither a contracting party nor a representative of a customer and owes neither the conclusion nor the performance of such contracts. The Provider does not check the identity, qualifications, creditworthiness or reliability of customers unless information is expressly marked as verified.

(2) The Customer is responsible for the accuracy of its advertisements, applications and profile information and for compliance with the rules applicable to the respective services, in particular labour, social security, temporary agency work and trade law.

(3) Advertisements can be published without naming the company. In this case, the company name is only shown to other customers after release by the advertising customer.

(4) After a job agreed via the marketplace has been performed, both customers each confirm completion separately. Only jobs confirmed by both sides are considered completed. They are a prerequisite for reviews under § 10 and can, at the Customer’s request, be shown in its marketplace history without naming the contracting partner. A confirmation may only be given if the job was actually performed.

(1) Customers can only review each other if a business relationship verifiable on the Platform exists between them. This is the case

• for a job agreed via the marketplace and confirmed as completed by both sides, no earlier than 7 and no later than 180 days after the confirmation, or
• for a collaboration managed on the Platform that has existed for at least 30 days and in which at least three installations were completed in the preceding twelve months.

Between the same two companies, only one review per direction is possible within 365 days. Reviews between companies with the same tax number or VAT identification number are excluded.

(2) The Provider technically checks whether the requirements under paragraph 1 are met. The accuracy of the content of reviews is not checked.

(3) A review remains hidden until both sides have reviewed each other, for a maximum of 14 days; until publication the author can change it. It is then published with the name of the reviewing company, the individual ratings, the text and the date in the marketplace profile of the reviewed customer and, unless the latter has hidden the reviews section, on its company website. An average rating is only shown from three published reviews. The author can delete the review at any time.

(4) Reviews must be based on the author’s own experience from the underlying business relationship and be objective. In particular, untrue statements of fact, insults and defamatory criticism, personal data of third parties, contact details and advertising are not permitted. It is prohibited to offer, demand or grant benefits for submitting, changing or refraining from a review.

(5) The reviewed customer can reply publicly to a review once; paragraph 4 applies accordingly. Contact details are automatically removed from reviews and replies.

(6) Reviews that contain indications of contact details or impermissible expressions are held back for review before publication. An employee of the Provider decides on publication.

(7) The Customer grants the Provider the non-exclusive, royalty-free right, limited to the duration of their publication, to make its reviews and replies publicly available on the Platform and the company websites.

(1) Any person can report content on the Platform, in particular reviews, replies, company profiles and company websites, which they consider unlawful or incompatible with these Terms by e-mail to meldung@fibreact.com. The notice should contain a justification, the exact designation of the content (such as the page address or the review ID), the name and e-mail address of the reporting person and a statement that the information is accurate and complete to the best of their knowledge. Reviewed customers can additionally report reviews in their customer account.

(2) The Provider confirms receipt of a notice, examines it promptly, diligently and objectively and informs the reporting person of its decision.

(3) If the Provider blocks, removes or restricts content or access, it informs the affected customer in text form at the latest when the measure takes effect. The notification contains the measure, the facts and circumstances relied on, where applicable the information that automated means were used, and the violated legal provision or provision of these Terms (Art. 17 Regulation (EU) 2022/2065).

(4) The affected customer and the reporting person can object to a decision within six months by e-mail to meldung@fibreact.com; the Provider will then review the decision again. Recourse to the courts remains unaffected.

(5) If a person frequently submits manifestly unfounded notices, the Provider may, after a prior warning, suspend the processing of their notices for a reasonable period.

(1) The Customer uses the Platform only in accordance with applicable laws and these Terms. Prohibited are in particular

• posting or distributing unlawful, misleading or infringing content,
• introducing malware and any attempt to circumvent security measures, access restrictions or the separation of different customers’ data,
• automated extraction of data, such as scraping, and requests that burden the Platform beyond the usual extent,
• giving access to persons outside the Customer’s own organisation and making the Platform available to third parties for a fee without the Provider’s consent,
• using other customers’ data from the marketplace for advertising without their consent.

(2) The Customer is responsible for the lawfulness under data protection law of the processing of data that it or its users process on the Platform. This applies in particular to the recording of location data and photos of its employees. The Customer informs the data subjects and respects existing co-determination rights, for example under Section 87 (1) no. 6 of the German Works Constitution Act (BetrVG).

(3) The Customer indemnifies the Provider against third-party claims based on a culpable breach of these obligations by the Customer or its users, including reasonable costs of legal defence. The Provider informs the Customer without undue delay of any claims asserted and gives it the opportunity to comment and defend itself.

(4) In the event of a violation, the Provider may block content or temporarily block access in whole or in part, to the extent that this is proportionate taking into account the Customer’s legitimate interests. § 11 (3) and (4) apply accordingly.

(1) Insofar as the Provider processes personal data on behalf of the Customer, in particular user data, job and installation data, location data, photos and enquiries via the company website’s contact form, the data processing agreement under Art. 28 GDPR applies, which is available at fibreact.de/en/avv and is agreed upon conclusion of the usage contract. It includes the European Commission’s standard contractual clauses for the transfer of personal data to third countries.

(2) Otherwise, the Provider processes personal data as controller in accordance with its privacy policy.

(3) The Customer can retrieve its data via the Platform’s export functions until the end of the contract.

(4) After termination of the contract, the Provider deletes the Customer’s data within 90 days unless statutory retention obligations prevent this. Backups are overwritten no later than 14 days after deletion. Reviews submitted by the Customer are deleted when the contract ends.

(1) For the term of the contract, the Provider grants the Customer the non-exclusive, non-transferable and non-sublicensable right to use the Platform to the agreed extent for its own business purposes.

(2) Rights to the content that the Customer posts on the Platform remain with the Customer. The Customer grants the Provider the non-exclusive rights necessary to perform the contract, in particular to store, reproduce and technically edit the content (for example by resizing, cropping, format conversion or blurring), to translate it on request and to make it publicly available within the booked functions such as the company website and marketplace profile.

(3) The Provider may use anonymised and aggregated data that do not allow conclusions about individual customers or persons to improve the Platform.

(1) The Customer reports defects without undue delay in text form to info@fibreact.com and describes them as precisely as possible.

(2) The Provider remedies reported defects within a reasonable period. Otherwise, the Customer’s rights in the event of defects are governed by statutory law. Strict liability for defects already existing at the time of contract conclusion (Section 536a (1) alt. 1 BGB) is excluded; § 16 remains unaffected.

(1) The Provider is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee assumed.

(2) In the event of a slightly negligent breach of an essential contractual obligation, the Provider is only liable for the damage typical for the contract and foreseeable at the time of contract conclusion. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Customer may regularly rely.

(3) Otherwise, the Provider’s liability for slight negligence is excluded.

(4) The above limitations of liability also apply in favour of the Provider’s legal representatives, employees and vicarious agents.

(5) Liability under Art. 82 GDPR and under Clause 12 of the standard contractual clauses agreed in the data processing agreement remains unaffected.

(1) The Provider may change these Terms with effect for the future if this is necessary for a valid reason, in particular due to a change in the legal situation or supreme court case law or due to new functions of the Platform, and the Customer is not unreasonably disadvantaged. Main obligations and prices are not changed under this section; § 3 (4) applies to prices.

(2) The Provider notifies the Customer of the changes in text form at least six weeks before they take effect. If the Customer does not object in text form within this period, the changes are deemed accepted. The Provider specifically points out the period and the significance of the Customer’s silence in the notification. If the Customer objects, either party may terminate the contract as of the date the changes take effect.

(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from and in connection with this contract is Berlin. The Provider is also entitled to sue at the Customer’s general place of jurisdiction.

(3) Declarations under this contract require text form unless otherwise provided.

(4) If individual provisions of these Terms are invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision is replaced by the statutory provisions.