Terms & Conditions hero-software.de

1. Content and Conclusion

1.1 Parties and Object. This contract regulates the legal relationship between HERO, Göttinger Hof 9, 30453 Hannover (hereinafter referred to as "HERO") and their customers ("Software User") regarding the provision of software for project and customer management (hereinafter referred to as "HERO Software"), including supplementary technical services. HERO provides the software to the customer for use over the Internet (Software as a Service). HERO does not provide its services to consumers but exclusively for the purposes of the commercial or self-employed professional activities of the software user.

1.2 No Deviating Agreements. The applicability of deviating or beyond these regulations is excluded. This applies in particular to the general terms and conditions of the software user, even if HERO accepts an order from the software user in which the software user refers to its general terms and conditions and/or attaches them, and HERO does not object to them.

1.3 Conclusion of the Contract. The contract is concluded when the software user and HERO sign a purchase order or agree by email on the conclusion of a contract according to these terms and conditions.

1.4 Duties in Electronic Business Transactions. § 312i para. 1 No.1, 2 and 3 as well as § 312i para. 1 sentence 2 BGB, which stipulate certain obligations of the entrepreneur in electronic business transactions, are hereby waived.

2.1 Overview. HERO provides the following services to the software user:

a) Software for use over the Internet for project and appointment management, as well as customer relationship management ("HERO Software"),

b) Apps for mobile devices, allowing the software user to utilize specific functions of the HERO Software ("HERO App"),

c) A website ("Request Form") through which the software user's customers ("End Customers") can schedule appointments with the software user ("Request Function"),

d) Additional technical services, if agreed upon, such as importing existing data of the software user into the HERO Software or other implementation services. Details can be found in the order and the performance and price overview available at https://hero-software.de/preise ("Service Description").

2.2 HERO. HERO provides the software user with the HERO Software as described and specified in the Service Description for use over the Internet ("Service"). The HERO Software is operated in a data center used by HERO. For the duration of this contract, the software user is granted a non-exclusive and non-transferable right to access the HERO Software using a browser and an Internet connection, and to use the software for their own business purposes solely in the exercise of their commercial or self-employed professional activities. This includes the right to temporarily store program codes (e.g., JavaScript) on the software user's computer (e.g., in RAM or browser cache) and execute them there, to the extent necessary. The right of use is limited to the use for the company specified in the purchase order, including all legally dependent branches and offices. Transferring or providing the HERO Software to third parties and using it for third parties, including affiliated companies, is prohibited.

2.3 HERO App. If the software user wants to use specific functions of the HERO Software through the HERO App, they must first download the HERO App for free from the respective app store (e.g., Google Play Store, Apple App Store). The provisions of the respective app store operator primarily apply.

2.4 Availability. HERO provides the request forms, HERO Software, and HERO App to the software user with an availability of 99%.

a) Handover Point. HERO provides its service at the connection point of the data center used by the HERO Software to the Internet. The software user is responsible for the Internet connection between the software user and the data center.

b) Achieved Availability. Failures due to force majeure (e.g., strikes, unrest, natural disasters, epidemics) are disregarded in calculating the actually achieved availability. Similarly disregarded are blockages by HERO, which HERO may deem necessary for security reasons, provided that HERO has taken reasonable precautions for security (e.g., denial of service attack, serious security vulnerability in third-party software used without an available patch).

2.5 Setup. The software user performs the initial setup of the HERO Software and request forms (individual settings, data entry/import, signatures, company profile) themselves, unless something different is agreed upon in the purchase order. No changes to the HERO Software or request forms according to the software user's wishes are owed.

2.6 Support. HERO provides free email and live support to assist with technical issues in using the HERO Software. Live support does not include general advice or training on marketing, legal advice, or setup work. Technical support for the software user's websites is only provided as part of the support if directly related to the request form. Support services are provided by HERO on business days Monday to Friday from 9:00 AM to 5:00 PM (CET). This excludes nationwide statutory holidays, October 31st, as well as December 24th and 31st of each year. The time until the initial response to email or live requests is generally no more than 36 hours. Requests received outside of support hours are considered received on the next business day.

2.7 Documentation. Unless otherwise agreed, HERO is only obligated to provide user documentation as online help for the HERO Software and HERO App, as well as an installation manual for request forms. Further documentation, training, or instruction services, as well as commenting on the source code of request forms, are not owed.

2.8 Subcontractors. HERO may, at its discretion, use subcontractors for service provision, such as hosting, email delivery, or messenger services.

2.9 Service Changes. The software user is aware that the HERO Software is standard software provided as a "Software as a Service" and involves numerous customers accessing a central system. The scale advantages resulting from such a multi-tenancy model can only be utilized with a uniform software product that can be continuously developed. The parties agree as follows:

a) Significant Reasons. HERO can make changes to the HERO Software, HERO App, and request forms for significant reasons. Such reasons include, in particular, changes necessary due to (i) necessary adjustments to new legal situations or jurisprudence, (ii) changed technical conditions (new browser versions or technical standards), or (iii) the protection of system security.

b) Further Development. In addition, HERO can reasonably change the HERO Software, HERO App, and request forms as part of further development (e.g., deactivating old functions that have been largely replaced by new ones). HERO will notify the software user of changes that are not only insignificantly disadvantageous to them in a timely manner, usually four weeks before they take effect. The software user's consent to such a change is deemed granted if the software user does not object in writing or by email by the change date. HERO will explicitly mention this legal consequence again when announcing the change. If the change would significantly disrupt the contractual balance between the parties to the detriment of the software user, the change will not be made.

3.1 Fees. The software user owes HERO the agreed compensation for providing the HERO Software, HERO App, and request forms during the contract period, as specified in the purchase order. The compensation consists of a usage fee dependent on the selected tariff and the number of users, plus possibly a one-time setup fee, and any fees for additional services agreed upon.

3.2 Due Date. The usage fee is due in advance for the entire chosen contract period. The setup fee and fees for additional services will be due upon contract conclusion.

3.3 Invoicing. HERO invoices the fees at the start of the contract and then on the same day of the next payment period (e.g., if a 2-year contract is signed on February 12, 2020, the next invoicing will be on February 12, 2022, and so on). The usage fee is invoiced in advance. Invoicing is done by sending a PDF invoice to the email address specified in the purchase order.

3.4 Payment. Payment of the invoice amounts is made by mutual agreement. If payment of the invoice amounts is made by SEPA direct debit, the software user undertakes to provide HERO with a corresponding SEPA direct debit mandate. Debiting is done after invoicing.

3.5 Net Prices. All prices are exclusive of the currently applicable statutory value-added tax.

3.6 Payment Default. If the software user defaults on payment of the compensation or a not insignificant part of the compensation for two calendar months, HERO is entitled, after corresponding notice, to temporarily block the request forms and access to the HERO Software and HERO App or to terminate the contract with immediate effect. During the blocking, the software user has no access to the data and projects stored in the HERO Software.

4. Duties and Obligations of the Software User

4.1 Lawful Use. The software user will only use HERO's services within the contractual provisions, not violate any third-party rights (e.g., copyrights, industrial property rights) during usage, and comply with all applicable legal regulations. In particular, the software user will adhere to data protection, competition law, copyright, and any confidentiality regulations during usage, and will not upload malicious or unlawful data or misuse HERO's services in any other way.

4.2 Email Dispatch. The software user will send promotional emails only to recipients who have given valid consent or, if applicable, meet the requirements of § 7 para. 3 of the Unfair Competition Act (UWG). In case of doubt, it is the software user's responsibility to inquire about the permissibility of promotional emails. Reference is explicitly made (without guarantee) to the "eco Guidelines for Permissible Email Marketing."

4.3 Mandatory Information. Legally, the software user is the provider and operator of the website and online presence into which HERO integrates request forms. HERO acts only as a "technical software user" in this regard. The software user will ensure that the legally required mandatory information is provided there, especially the imprint according to § 5 Telemedia Act (TMG) in Germany, as well as data protection notices according to § 13 para. 1 TMG. The software user will also ensure that the necessary mandatory information is included in emails and other communications.

4.4 Backup Copies. It is the software user's responsibility to keep copies of the entered data and regularly create backup copies of the data captured in the HERO Software. If the software user violates this obligation to properly back up data, HERO's liability for data losses is limited to damages that would also have occurred with proper regular data backup by the software user.

4.5 System Requirements and Cooperation Duty. Unless otherwise specified, the software user must use a current desktop browser version of Google Chrome, Firefox, or Edge.

4.6 Tax-Relevant Data. The software user is responsible for retaining data in accordance with legal requirements (especially the regulations of commercial and tax law). HERO is generally developed in close cooperation with experienced tax advisory firms according to the principles for proper management and storage of books, records, and documents in electronic form as well as data access (GoBD).

4.7 Customer Relationship. The software user is responsible for the design of the legal relationship between the software user and the end customer and the corresponding contract conclusion regarding the provision of the service.

5. Customer Data and Data Protection

5.1 Customer Data. The (i) data entered by the software user in the HERO Software regarding end customers (e.g., email, name, address, other characteristics), (ii) end customer data provided by the software user for import in the HERO Software (e.g., data exports from other systems), and (iii) data generated in the HERO Software about end customers (e.g., object data, appointment scheduling, conversation content) (collectively "Customer Data") belong to the software user. HERO acts as a pure technical software user and treats the Customer Data confidentially. However, HERO is entitled to use the Customer Data – even beyond the end of the contract – in aggregated or statistical form for error analysis, development of software features, or benchmarking.

5.2 Data Processing Agreement. If the Customer Data includes personal data, the following applies: HERO processes the Customer Data as a data processor solely for the purpose of providing contractual services on behalf and according to the instructions of the software user. HERO takes appropriate technical and organizational measures to protect the Customer Data. In relation to HERO, the software user remains the sole responsible entity under data protection law and is responsible for the lawfulness of the collection, processing, and use of the Customer Data in accordance with legal regulations, especially the BDSG and TMG. The software user will, in particular, obtain any necessary consents and provide data protection notices (see Section 4).

6. Warranty Claims

6.1 Freedom from Defects and Quality. HERO will provide the HERO Software, HERO App, and inquiry forms free from material and legal defects and maintain them in a condition suitable for contractual use during the contract term. The primary basis for the contractually agreed-upon quality of the services is the service description. The obligation to maintain the software does not include adapting it to changed conditions of use or technical and functional developments, such as changes to the IT environment, especially changes in hardware or operating systems (e.g., new mobile devices or operating systems), adjustments to the functionality of competing products, or ensuring compatibility with new data formats.

6.2 Remediation of Defects. The software user must report defects in the HERO Software, HERO App, or inquiry forms to HERO immediately and explain the circumstances of their occurrence. HERO will remedy the defect within a reasonable period. HERO is entitled to temporarily show the software user error bypass options and later remedy the defect by adapting the software if this is reasonable for the software user.

6.3 Initial Impossibility. The non-fault-based liability of HERO for initial defects according to § 536a (1), Alt. 1 of the German Civil Code is excluded. The fault-based liability of HERO remains unaffected.

6.4 Statute of Limitations. Claims for defects expire within 12 months. This does not apply in the case of defect claims for damages insofar as HERO is mandatorily liable under the law (see Section 8.1, sentence 2).

6.5 Legal Provisions. Otherwise, the legal rules on liability for defects apply.

7.1 Obligation to Indemnify. If third parties (including public authorities) assert claims or legal violations against HERO based on the allegation that the Software User has violated its contractual obligations, for example, by sending emails in violation of data protection law or competition law, or by omitting mandatory information, the following shall apply: The Software User shall promptly indemnify HERO from these claims, provide HERO with reasonable support in legal defense, and indemnify HERO from the costs of legal defense.

7.2 Conditions for the Indemnification Obligation. The condition for the indemnification obligation under clause 7.1 is that HERO promptly informs the Software User of asserted claims, refrains from acknowledgments or similar statements, and enables the Software User to - as far as possible - conduct all judicial and extrajudicial negotiations regarding the claims at the Software User's expense.

8.1 Exclusion in Specific Cases. HERO is liable for damages to the extent that they a) were intentionally or grossly negligently caused by HERO, or b) were caused by HERO with slight negligence and are attributable to essential breaches of duty that jeopardize the purpose of this contract or the violation of duties whose fulfillment enables the proper execution of this contract and on whose compliance the software user may rely (e.g., customer data is completely lost, and even old data cannot be reconstructed). Otherwise, HERO's liability is excluded regardless of its legal basis, unless HERO is mandatorily liable under the law, especially for the violation of life, body, or health of a person, the assumption of an explicit guarantee, fraudulent concealment of a defect, or under the Product Liability Act. HERO's guarantees are made only in writing and are presumed to be guarantees only if expressly designated as such.

8.2 Limitation of Liability. In the case of Section 8.1 sentence 1 letter b), HERO's liability is limited to the damage typically foreseeable for a contract of this type.

8.3 Employees and Agents of HERO. The liability limitations of Sections 8.1 to 8.3 also apply to claims against employees and agents of HERO.

9. Trial Period, Duration, and Termination

9.1 Trial Period. Before entering into a paid contract for the use of a paid module, the software user has the opportunity to use all paid modules free of charge during a trial period of 14 days. Termination of the trial phase is not required, and a free trial phase does not automatically convert into a paid usage agreement. Upon confirmation of registration by the software user, a free usage agreement is established. The free usage agreement can be terminated by the software user at any time, without notice and without cause. After the 14-day trial phase, the functionality available to the software user in the HERO Craftsman Software is reduced to the basic functions "Tasks and Appointments," "Projects," and "Contacts."

Entering into a contract for the use of a trial access includes the use of the software user's email address by HERO for self-promotion purposes as outlined in Section 10 of these Terms and Conditions.

9.2 Duration. Entering into a paid usage agreement is at the discretion of the software user and requires explicit consent. It comes into effect upon confirmation of the contract by the software user and runs for the agreed basic term. The paid usage agreement automatically extends for 12 months, unless the contract is terminated by either party at the end of the basic term or any renewal term, with one (1) month notice. The contract extension is based on the current base price of the modules used at the time of renewal. Please refer to https://hero-software.de/preise for the current prices.

9.3 Form. Terminations can be made in writing (by mail, email). Terminations by the software user must be sent via email to support@hero-software.de.

9.4 Extraordinary Termination. The right to extraordinary termination remains unaffected. A significant reason that entitles HERO to extraordinary termination includes, in particular, the software user unlawfully sending advertising emails using the HERO Software.

9.5 Data at Contract End. At the end of the contract period (paid and unpaid), the software user can no longer access customer data. It is the responsibility of the software user to export and save customer data using the export function in the HERO Software before the end of the contract period for further use. HERO is not obligated to provide customer data beyond that (e.g., provision as an SQL dump or in a specific format). Upon contract termination, HERO will delete customer data unless legally required to retain it. If deletion is only possible with disproportionate effort (e.g., in backups), HERO may instead block customer data in compliance with data protection regulations.

10.1 As part of a trial access, software usage, or for service purposes, users may be contacted by HERO via phone or email. Any form of HERO software or related services usage is not possible without contact from HERO.

10.2 HERO Software also reserves the right to send marketing offers, special promotions, or other business-related communications to the software user that may be of interest. The user has the option to decline receiving such marketing communications by using the unsubscribe link in the emails or by contacting HERO Software support personally (https://hero-software.de/support). Please note, however, that important information about the software and your account may still be communicated via email even if you have unsubscribed from marketing emails.

10.3 The contact information used for communication with the user is based on the details provided by the software user during registration or while using our services. The user is responsible for ensuring that this information is current and accurate. By using our software and services, the user expressly agrees to the notifications and contacts described above.

1. Eligibility
1.1 "Heroes Recommend Heroes" is HERO's "Refer a Friend" program, where HERO users can refer new customers and receive cash rewards.
1.2 Any adult customer (hereinafter referred to as "Customer") of HERO with a paid account can participate in the promotion and refer new customers.
1.3 A new customer is defined as someone who has not been a customer of HERO Software GmbH within the last 6 months before opening an account.
1.4 Self-referral and mutual referral between customers are not allowed.
1.5 For a successful referral, the personal referral link with the corresponding invitation code must be used when creating a new demo account.

2. Referral Reward
2.1 The referred party must have a paid HERO account within 6 months of the referral; otherwise, the referral expires.
2.2 Payout of the reward to foreign countries is not possible.
2.3 The reward will be credited only when the conditions for granting the reward are met. It is crucial that the HERO account is used on a paid basis, and all outstanding invoices are settled.

3. Exclusion and Changes
3.1 HERO reserves the right to exclude referrers from customer referrals if there are signs of abusive use.
3.2 HERO reserves the right to make changes or terminate the offer at any time.

Rewards and Conditions for New Customer Referrals in 2024
1. All HERO users can participate in the "Heroes Recommend Heroes" program, regardless of whether they are business owners. Referrers act as individuals.
2. The referral link must be used for each referral.
3. Each HERO customer, as a referrer, receives a reward of €300 for each referral.
4. The reward will be paid through the PayPal payment service to the private PayPal account.
5. Participants are responsible for the correct taxation of rewards. HERO assumes no responsibility.
6. The new customer, as the referred party and a participant in the "Heroes Recommend Heroes" program, receives an additional two free months in the selected paid contract.
7. HERO reserves the right to make changes or terminate the promotion at any time.

13.1 Contract Transfer
HERO is entitled to transfer the contractual relationship with the software user to an affiliated company within the meaning of §§ 15ff of the German Stock Corporation Act. HERO will announce the transfer to the software user in advance, at least four weeks prior, and provide the software user with the opportunity to terminate the contract before the transfer takes effect by granting a special termination right. In the case of special termination, HERO will refund the software user proportionally for any pre-paid fees.

13.2 Declarations
Unless otherwise specified, notifications and statements under this contract may be made in text form in accordance with § 126b of the German Civil Code (e.g., by email). HERO may use the email address provided by the software user in the order form for this purpose. The software user will promptly notify HERO of any changes.

13.3 Text Form
Changes to this contract require text form in accordance with § 126b (e.g., email, letter). This also applies to any waiver of this formal requirement.

13.4 Offset
The software user can only offset other claims against HERO with its contractual counterclaims from the respective transaction if this claim has been finally determined or is undisputed by HERO.

13.5 Applicable Law
This contract is governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

13.6 Jurisdiction
If the software user is a merchant, a legal entity under public law, or a special public fund, the exclusive place of jurisdiction is the one where HERO has its registered office. HERO is also entitled to sue at the software user's place of business.

13.7 Partial Invalidity
If individual provisions of this contract are or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, what the parties would have agreed upon in an economically reasonable manner according to the originally intended purpose shall apply. The same applies in the event of a contractual gap.