SaaS Terms of Service

SaaS Terms of Service

1. Scope

These terms govern the use of the cloud software “Craftifact” as software-as-a-service by business customers worldwide, unless mandatory statutory provisions provide otherwise.

2. Services

SoluForge provides the Service to the Customer under the subscribed plan.

No particular economic success or specific fitness for a particular purpose is owed unless expressly agreed.

SoluForge may further develop the Service, in particular for security, stability, or legal reasons.

3. Availability, Maintenance, SLA

An SLA applies only if expressly agreed.

Maintenance and temporary restrictions do not constitute a defect to the extent they are necessary or unavoidable.

4. Rights of Use

The Customer receives a non-exclusive, non-transferable right for internal business use.

Resale, circumvention of security mechanisms, or abusive use is prohibited.

5. Customer Data

The Customer remains the owner of the Customer Data.

SoluForge processes Customer Data exclusively for the performance of the contract.

The Customer is responsible for the lawfulness of the data and indemnifies SoluForge against third-party claims.

6. Data Protection / DPA

Where personal data are processed on behalf of the Customer, the DPA pursuant to Art. 28 GDPR applies.

7. Export Controls and Sanctions

The Customer warrants that it will not use the Service in countries or by persons subject to sanctions or embargoes of the European Union or the United Nations.

8. Liability

Unlimited liability applies in cases of intent, gross negligence, and in the event of injury to life, body, or health.

In cases of simple negligence, liability applies only for the breach of essential contractual obligations and is limited to the foreseeable damage typical for the contract.

In the event of data loss, liability is limited to the typical restoration effort.

Liability cap:

To the extent permitted by law, SoluForge’s total liability is limited to the lower of

• (a) the fees paid in the last twelve (12) months; or
• (b) EUR 50,000.

9. Term and Termination

Use ends upon termination of the subscription.

Statutory termination rights remain unaffected.

10. Governing Law, Venue, Language

German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction is Berlin, Germany, to the extent permitted by law.

These terms are provided in German and English.

In case of discrepancies, the English version shall prevail.