Terms and Conditions (AGB)
1. Scope of Application
These General Terms and Conditions (AGB) apply to all contracts concluded between Pixzo (hereinafter referred to as the "Provider") and the users of the SaaS solution for creating and managing digital loyalty cards (hereinafter referred to as "Customers"). Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
2. Subject of the Contract
The provider makes available a cloud-based software (Software as a Service - SaaS) with which merchants can create, manage, and issue digital loyalty and point cards for Apple Wallet and Google Pay to their end customers.
3. Obligations of the Customer
The customer is obliged to use the software only within the framework of applicable laws. In particular, they are responsible for ensuring that the issuance of loyalty cards to their end customers complies with data protection regulations (especially GDPR). The customer indemnifies the provider against all claims by third parties based on unlawful use of the software by the customer.
4. Remuneration and Payment Terms
The use of the software takes place at the prices stated on the website. Billing is generally monthly or annually in advance. In the event of default of payment, the provider reserves the right to block access to the software until full payment is made.
5. Limitation of Liability
The provider is unrestrictedly liable for intent and gross negligence. For simple negligence, the provider is only liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract (cardinal obligation). In this case, liability is limited to the foreseeable, typical contractual damage.
6. Final Provisions
The laws of the Federal Republic of Germany apply. The place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.