Terms

These General Terms and Conditions (T&Cs) govern the use of the Software-as-a-Service solution VidiClock provided by VidiScope GmbH. They form the basis of the contractual relationship between VidiScope GmbH and its commercial customers.

§ 1 Scope

These T&Cs apply to all contracts between VidiScope GmbH, Römerstr. 27, 89250 Senden (hereinafter the “Provider”), and its customers regarding the provision and use of VidiClock. They apply exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Conflicting or deviating terms of the customer shall not become part of the contract unless the Provider expressly agrees to their validity in text form.

§ 2 Subject Matter of the Contract

The subject matter of the contract is the provision of the VidiClock software for use over the internet (Software as a Service). VidiClock comprises digital time tracking, duty and shift planning as well as the evaluation of working hours and hour accounts. The Provider makes the software available for retrieval on its servers. The software is not transferred for permanent retention, nor are any program copies assigned in ownership.

§ 3 Description of Services and Availability

The scope of functions of VidiClock results from the respective current service description and the individual offer. The Provider operates the software on servers located in Germany. The Provider aims for an availability of 99% on an annual average. Excluded from this are times during which the service is unavailable or only partially available due to announced maintenance work, as well as outages due to circumstances for which the Provider is not responsible. The Provider performs regular data backups.

§ 4 Conclusion of Contract and Provision

The presentation of the services on the website does not constitute a binding offer. The customer first submits a non-binding request. The contract is concluded once the Provider reviews the request, grants access and carries out the setup. Access to the software then takes place by invitation to the users named by the customer. There is no fully automated self-service access without prior approval by the Provider.

§ 5 Remuneration and Payment

The use of VidiClock is subject to a monthly fee, the amount of which results from the individual offer. The prices stated on the website are guide prices; the individual offer submitted to the customer is decisive. Unless otherwise agreed, the remuneration is due monthly in advance. The Provider is entitled to adjust the prices with a reasonable period of notice. The Provider will inform the customer of a price adjustment in good time in text form.

§ 6 Term and Termination

The contract is concluded for an indefinite period and may be terminated by either party on a monthly basis. There is no minimum contract term. The right to extraordinary termination for good cause remains unaffected for both parties. To be effective, any termination must be made in text form.

§ 7 Customer Obligations

The customer is obliged to provide the data required for use completely and correctly and to keep it up to date. The customer must treat its access data confidentially and protect it from access by third parties. The customer shall use VidiClock exclusively within the framework of applicable laws. In particular, the customer is itself responsible for complying with employment-law and data-protection obligations towards its own employees. The customer is responsible, to a reasonable extent, for backing up the data it enters.

§ 8 Data Protection and Order Processing

Insofar as the Provider processes personal data of the customer's employees in the course of providing the services, it acts as a processor; the customer remains the controller within the meaning of the GDPR. To this end, the parties conclude a data processing agreement pursuant to Art. 28 GDPR. In all other respects, the Provider's privacy policy applies, available at https://vidiclock.com/datenschutz.

§ 9 Availability of Data and Export

During the term of the contract, the customer can export the data it has entered in common formats (in particular CSV and PDF). After termination of the contract, the customer's data will be deleted after a reasonable period, unless statutory retention obligations preclude this. Upon request, the Provider will give the customer the opportunity to export its data before deletion.

§ 10 Right of Use

For the duration of the contract, the Provider grants the customer a simple, non-exclusive, non-transferable right to use VidiClock, limited to the term of the contract. Passing on the right of use to third parties, in particular sublicensing or renting, is not permitted.

§ 11 Availability and Support

The Provider makes support available to the customer by email and telephone. The Provider endeavours to process and remedy reported faults within a reasonable time. A specific response or recovery time is only guaranteed insofar as this has been expressly agreed.

§ 12 Liability

The Provider is liable without limitation in cases of intent and gross negligence as well as in the event of injury to life, body or health. In the case of simple negligence, the Provider is only liable for the breach of essential contractual obligations (cardinal obligations), the fulfilment of which is essential to the proper performance of the contract and on whose compliance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical of the contract. In all other respects, liability is excluded. Liability under the German Product Liability Act remains unaffected.

§ 13 Force Majeure

If a party is prevented from fulfilling its contractual obligations by force majeure, it is released from its obligation to perform for the duration and to the extent of the impediment. Force majeure includes in particular natural disasters, war, strikes, official orders as well as large-scale disruptions of the power or telecommunications networks that lie outside the affected party's sphere of influence. The affected party will inform the other party without undue delay of the occurrence of force majeure.

§ 14 Final Provisions and Changes to the T&Cs

The Provider is entitled to change these T&Cs with effect for the future. The Provider will inform the customer of changes in good time in text form. If the customer does not object to the change within a reasonable period after receipt of the notification, the amended terms shall be deemed accepted; the Provider will point this out separately in the notification. Collateral agreements, amendments and additions to this contract require text form.

§ 15 Applicable Law, Place of Jurisdiction, Severability Clause

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent legally permissible, the registered office of VidiScope GmbH (Memmingen). Should individual provisions of these T&Cs be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the valid provision that comes closest to the economic purpose of the invalid provision.

Last updated: June 2026