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General terms of use

§1 Scope of application, subject matter of the contract

  1. These General Terms of Use govern the provision of the software application DeepL for Salesforce - hereinafter referred to as DEEPL FOR SALESFORCE - between CLOUDWORX GmbH, Rupert-Mayer-Straße 44, 81379 Munich, as provider of DEEPL FOR SALESFORCE (hereinafter referred to as "CLOUDWORX"), and companies, including non-profit organisations (hereinafter referred to as "CUSTOMER"). CLOUDWORX only recognises terms and conditions that contradict or deviate from these General Terms of Use if CLOUDWORX has agreed to their validity in writing.

  2. DEEPL FOR SALESFORCE facilitates, simplifies and accelerates the translation process of various texts within Salesforce, such as foreign-language e-mail messages, product descriptions or content in text fields in the CRM system. A clear description of how DEEPL FOR SALESFORCE works and how to install and use it can be found at www.deepl-for-salesforce.com.

  3. With the chargeable purchase, the CUSTOMER receives the technical possibility and authorisation to access DEEPL FOR SALESFORCE, which is hosted on servers of the Salesforce company (salesforce.com) or contractual partners of Salesforce, by means of telecommunications and to use it within the scope of this contract.

  4. A prerequisite for the use of DEEPL FOR SALESFORCE, in addition to the conclusion of a corresponding fee-based licence agreement, is that the CUSTOMER (i) is a registered user of the Salesforce platform (www.salesforce.com) and has thus accepted the general terms and conditions and terms of use of Salesforce.

§2 Conclusion of contract / Test version

  1. Upon conclusion of the licence agreement and installation of DEEPL FOR SALESFORCE via the Salesforce AppExchange platform (appexchange.salesforce.com), DEEPL FOR SALESFORCE is initially available to the CUSTOMER free of charge for one month for test purposes. The trial period after conclusion of the contract shall not apply if DEEPL FOR SALESFORCE has already been downloaded as part of a trial subscription and used for a period of up to one month.

  2. The user contract can be cancelled at any time during the test phase after conclusion of the contract by means of a simple declaration in text form (e-mail to support@deepl-for-salesforce.com is sufficient).

§3 Rights of use of the software

  1. The CUSTOMER shall receive the non-exclusive and non-transferable right to access DEEPL FOR SALESFORCE by means of telecommunications and to use the functionalities associated with DEEPL FOR SALESFORCE as intended by means of a browser for the duration of the contract. The current scope of the functionalities is described on the PROVIDER's website www.deepl-for-salesforce.com.

  2. The CUSTOMER is not authorised to use DEEPL FOR SALESFORCE beyond the use permitted under this contract, to allow third parties to use DEEPL FOR SALESFORCE for a fee or free of charge, or to make DEEPL FOR SALESFORCE accessible to third parties. In particular, the CUSTOMER is not permitted to reproduce, sell or transfer DEEPL FOR SALESFORCE or parts thereof for a limited period of time, especially not to rent or lend it.

  3. Persons who access DEEPL FOR SALESFORCE on behalf of the CUSTOMER and for the CUSTOMER's purposes are not third parties within the meaning of this provision.

§4 Warranty / Support / Updates

  1. CLOUDWORX warrants the functionality and operational readiness of DEEPL FOR SALESFORCE in accordance with the provisions of this contract, supplemented by the statutory provisions. The warranty only applies to the current version of DEEPL FOR SALESFORCE, unless a malfunction described by the customer would also have occurred if the updates offered by CLOUDWORX had been installed.

  2. Defects are to be reported exclusively by e-mail to support@deepl-for-salesforce.com. The defect report should preferably include a description of the defect symptoms and a screenshot showing the error message. CLOUDWORX is entitled to up to three attempts to rectify the reported defect within a reasonable period of time. If this is not successful even after the third attempt to rectify the defect, the CUSTOMER may terminate the licence agreement extraordinarily and with immediate effect. The CUSTOMER cancels by deactivating DEEPL FOR SALESFORCE via his Salesforce account. A cancellation declared only to CLOUDWORX, in whatever form, shall only become effective when the CUSTOMER deactivates DEEPL FOR SALESFORCE via his Salesforce account.

  3. CLOUDWORX will provide updates to DEEPL FOR SALESFORCE at irregular intervals in order to eliminate minor defects or bring about system improvements. The CUSTOMER shall be informed as soon as an update is available. The updates must be downloaded and installed independently by the CUSTOMER. CLOUDWORX shall not be obliged to provide subsequent fulfilment in the event of complaints due to the fact that the CUSTOMER has not installed updates or has not installed them completely.

§5 Interruption and impairment of accessibility

  1. The availability of DEEPL FOR SALESFORCE is dependent on the availability of Salesforce's services and the services of DeepL, in particular the teleservices and servers of these companies.

  2. Adjustments, changes and additions to the contractual services as well as measures that serve to identify and rectify malfunctions will only lead to a temporary interruption or impairment of availability if this is absolutely necessary for technical reasons.

  3. CLOUDWORX expressly points out that it is not responsible for the quality of the customer's Internet access.

§6 Obligations of the CUSTOMER

  1. The CUSTOMER is obliged to have concluded a user agreement with Salesforce before purchasing DEEPL FOR SALESFORCE and thus to have recognised the General Terms of Use of the Salesforce platform, including the AppExchange platform.

  2. The CUSTOMER is obliged to conclude a separate licence agreement with the translation service provider DeepL in order to acquire a valid API key when using DEEPL FOR SALESFORCE.

  3. The CUSTOMER shall be responsible for entering and maintaining the data and information required to use DEEPL FOR SALESFORCE. In particular, it must create suitable backup copies and back up its existing data in the system until the contract is terminated.

  4. The CUSTOMER shall refrain from attempting to retrieve information or data itself or through unauthorised third parties without authorisation or to intervene or allow others to intervene in programs provided by the PROVIDER.

§7 Remuneration / Due date / Terms of payment

  1. The CUSTOMER undertakes to pay CLOUDWORX for the provision of DEEPL FOR SALESFORCE the fee shown for the billing period on the Salesforce AppExchange (appexchange.salesforce.com) plus statutory VAT. In the event of a price increase, the customer may terminate the user contract at the end of the next billing period.

  2. The billing period is one month. The first billing period begins with the conclusion of the DEEPL FOR SALESFORCE licence agreement. Payment is due no later than the 3rd working day from the start of the respective billing period.

  3. Payment shall be made by direct debit. For this purpose, the customer must provide a current billing address and a SEPA direct debit mandate in the DEEPL FOR SALESFORCE customer area.

§8 Blocking of use / Liability

  1. Claims for damages against CLOUDWORX are excluded regardless of the legal grounds, unless CLOUDWORX, its legal representatives or vicarious agents have acted wilfully or with gross negligence. CLOUDWORX shall only be liable for slight negligence if CLOUDWORX, its legal representatives or executive employees or vicarious agents have violated one of the essential contractual obligations. CLOUDWORX shall only be liable for foreseeable damages that can typically be expected to occur. Essential contractual obligations are those obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfilment of which the CUSTOMER may rely. Data protection claims are expressly not covered by this liability provision.

  2. Neither Salesforce nor DeepL are vicarious agents of CLOUDWORX, but independent contractual partners of the CUSTOMER.

  3. CLOUDWORX shall not be liable for the loss of data to the extent that the damage is due to the CUSTOMER's failure to carry out data backups and thereby ensure that lost data can be restored with reasonable effort.

§9 Data protection and data security

  1. Personal data of the CUSTOMER will be stored, processed and, if necessary, transmitted to third parties exclusively for the purpose of contract fulfilment.

  2. Data that is stored, processed and/or forwarded by the CUSTOMER within the scope of the use of DEEPL FOR SALESFORCE is neither stored nor processed in any other way by CLOUDWORX. The CUSTOMER shall back up the data generated with DEEPL FOR SALESFORCE independently, if desired. CLOUDWORX does not back up any data in this respect; no data, for example in a DEEPL FOR SALESFORCE internal database, is stored or deposited within the framework of DEEPL FOR SALESFORCE.

  3. CLOUDWORX will not retrieve, store, process or transmit any data of the CUSTOMER from DeepL to third parties.

  4. CLOUDWORX is not a data processor within the meaning of data protection law, in particular the General Data Protection Regulation (GDPR).

§10 Declaration of exemption

  1. The CUSTOMER shall indemnify CLOUDWORX against claims for damages by third parties which are based on an unlawful and culpable use of DEEPL FOR SALESFORCE by the CUSTOMER or with the CUSTOMER's approval. This applies in particular to disputes under data protection and copyright law associated with the use of DEEPL FOR SALESFORCE.

  2. If the CUSTOMER recognises or must recognise that such an infringement is imminent, he is obliged to inform CLOUDWORX immediately.

§11 Prohibition of set-off / Right of retention

  1. The CUSTOMER may only offset CLOUDWORX's claims against recognised or legally established claims. The CUSTOMER has no right to refuse performance, for example in the event of repeated failure to remedy defects. In this case, the CUSTOMER is referred to his extraordinary right of cancellation.

§12 Term and termination

  1. The licence agreement is concluded for an indefinite period. Either party may terminate the licence agreement by giving two weeks' notice to the end of the billing period.

  2. The CUSTOMER cancels by deactivating DEEPL FOR SALESFORCE via their Salesforce account. A cancellation declared only to CLOUDWORX, in whatever form, shall only become effective once the CUSTOMER has deactivated DEEPL FOR SALESFORCE via their Salesforce account.

  3. CLOUDWORX shall give notice of cancellation to the CUSTOMER at least in text form and subsequently deactivate DEEPL FOR SALESFORCE at the end of the billing period.

  4. The right to extraordinary cancellation shall remain unaffected.

§13 Miscellaneous / Applicable law and jurisdiction

  1. CLOUDWORX is authorised to transfer the rights and obligations arising from this contract to a group company within the meaning of Section 15 of the German Stock Corporation Act. In this case CLOUDWORX will inform the CUSTOMER in writing. In this case, the CUSTOMER is entitled to extraordinary cancellation of the contract within a period of one month from receipt of the information.

  2. The contractual relationship between the parties shall be governed by German law.

  3. The place of fulfilment and jurisdiction is Munich.