Terms & Conditions

1. Scope and Applicability

These General Terms and Conditions (the "Terms") govern the Software-as-a-Service (SaaS) relationship between Trusq GmbH i.G. located at Lohestraße 31, 90425 Nürnberg (hereinafter "Provider") and its customers regarding the use of the hosted application "Trusq" (hereinafter "Software").

The provider's services are exclusively aimed at businesses, tradespeople, and legal entities (B2B) as defined in § 14 of the German Civil Code (BGB). These terms and conditions do not apply to consumers as defined in § 13 of the German Civil Code (BGB).

Any differing, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if the provider has expressly agreed to their validity in writing.

1.1 Conclusion of Contract

The presentation of the software on the provider's website does not constitute a legally binding offer, but an invitation to the customer to place an order (invitatio ad offerendum).

By completing the registration process and clicking the "Order" or "Sign Up" button, the customer submits a binding offer to conclude a contract. The contract is only concluded when the provider accepts this offer by sending an order confirmation via email or by providing the customer with access to the software.

2. Services rendered

The provider grants the customer access to Trusq via a remote web connection for a fee. Trusq is a ticket-based support platform incorporating AI-enhanced automation and multi-channel communication (including WhatsApp and Instagram integrations).

The specific features, options, and prices depend on the service plan chosen by the customer during registration.

The software is hosted centrally on the provider's servers. The customer is responsible for a sufficient internet connection and the use of a modern, supported web browser.

The provider reserves the right to continuously update, improve, and adapt the software to technological developments. The customer has access to the current version but cannot claim the right to use specific future versions not expressly included in the original plan.

The provider guarantees an average annual availability of 99.85% at the software handover point. This Service Level Agreement (SLA) excludes planned maintenance windows (which the provider will announce in advance) as well as downtime due to force majeure or infrastructure failures of third parties outside the provider's direct control.

For the duration of the contract, the customer is assigned their own client environment (e.g., customer.trusq.de) and a corresponding email infrastructure. This specific identifier is released after the contract ends and can be made available to others.

3. Customer support

The provider offers technical support via email, a dedicated web portal, and by telephone, depending on the agreed service tier.

Support requests are processed in the order they are received. Telephone support is available during normal business hours in Germany, excluding weekends, TARGET2 holidays, and public holidays.

4. Data storage and processing

The provider supplies the customer with server storage space for running the software. The provider only supplies the storage infrastructure; the customer retains full control over and responsibility for the content, legal compliance, and legally compliant archiving of their data.

When processing personal data, the customer remains the data controller within the meaning of the General Data Protection Regulation (GDPR) and other applicable data protection laws. The provider acts exclusively as a data processor and follows the customer's documented instructions.

All data transmission between customer and provider is secured by industry-standard encryption protocols (e.g. HTTPS).

5. Security and data backup

The provider implements state-of-the-art technical and organizational measures (TOMs) in accordance with applicable data protection regulations to protect customer data from unauthorized access or loss.

The provider performs daily incremental backups of the customer environment to ensure data integrity.

The customer is solely responsible for data that they intentionally delete from the software via the user interface or automation rules.

6. Data Return and Deletion

At the customer's request and at the latest upon termination of the contract, the provider will provide an export of the stored customer data in a standard format (JSON or CSV).

Thirty (30) days after termination of the contract or the final data export, the provider will permanently and irrevocably delete the customer data (Hard-Deletion), unless the provider is legally obligated to retain specific data for longer (e.g., for tax or accounting purposes).

7. Customer's obligations

The customer is responsible for providing suitable hardware and network connections to its users (agents).

Access data must be treated as strictly confidential. The customer must enforce a strong password policy for all authorized users (at least 8 characters, including special characters and numbers).

The customer agrees not to process or store any illegal content, not to infringe any third-party rights, and not to use the software to distribute malware or spam. Furthermore, the software may not be misused as a file-sharing network.

If the provider detects abusive or unlawful activity, it reserves the right to temporarily suspend the customer's account without prior notice and to inform the customer immediately of the suspension so that remedial action can be taken.

8. Intellectual Property Rights

Trusq and all associated intellectual property rights are the exclusive property of the provider or its licensors.

For the duration of the contract, the customer is granted a non-exclusive, non-transferable, worldwide right to use the software for internal business purposes.

The customer may not sublicense, rent or make the platform available to third parties, except for its own employees or authorized freelancers acting on its behalf.

9. Confidentiality

Both parties agree to treat all business and technical information of the other party that becomes known in connection with the performance of the contract as strictly confidential and to use it only for the purposes defined in the contract.

This obligation does not apply to information that is already public knowledge, that was already known to the receiving party without a confidentiality obligation, or that must be disclosed due to a legal obligation or a court/official order.

The provider is entitled to name the customer as a reference customer on its website or in marketing materials, unless the customer objects in writing for a legitimate reason.

10. Prices and Payment Terms

The fee is based on the provider's price list valid at the time of contract conclusion, unless an individual price agreement has been made. All prices quoted are net prices, excluding applicable VAT.

Payments are due in advance upon invoicing. The standard payment target is fourteen (14) days from the invoice date. Customers can pay by credit card or SEPA direct debit.

In the event of payment default (Verzug), the provider is entitled to charge a flat-rate compensation for default in the amount of €40.00 according to § 288 para. 5 BGB. The right to claim further damages remains unaffected. In addition, a chargeback fee of €20 will be applied to failed direct debits due to insufficient funds.

The provider may adjust prices to reflect verifiable cost increases (e.g., changes in the IT industry wage index according to the Federal Statistical Office). Customers will be informed in advance and have the right to terminate the contract without notice if they do not agree to the price increase.

11. Term and Termination

Unless otherwise agreed, service contracts have an initial minimum term of one (1) year.

The contract will automatically renew for equal periods unless either party gives written notice of termination at least two (2) months prior to the renewal date.

The right to extraordinary termination for good cause remains unaffected.

Customers can upgrade their subscription at any time. Downgrades or reductions in agent slots will only take effect at the start of the next renewal cycle.

12. Warranty and Service Level

The provider guarantees that the software functions substantially in accordance with its specification.

The provider classifies defects as follows:

• Operational failures: Response target 8 hours; resolution target 24 hours (e.g., complete system unavailability).
• Operational disruption errors: Response target 24 hours; Resolution target 3 business days (e.g., essential functions unavailable without a workaround).
• Minor errors: These will be fixed as part of regular release cycles (e.g., visual errors or non-critical anomalies).

Liability without fault for defects existing at the time of conclusion of the contract pursuant to Section 536a Paragraph 1 of the German Civil Code (BGB) is expressly excluded.

13. Limitation of Liability

The provider is liable without limitation for damages caused by intent or gross negligence, as well as for legally mandatory liability cases such as injuries to life, body or health, and under the Product Liability Act.

In cases of simple negligence, the provider is only liable if a material contractual obligation (cardinal obligation) has been breached. In this case, liability is limited to foreseeable damages typical for this type of contract.

Liability for data loss due to simple negligence is limited to the typical recovery costs that would have been incurred if the customer had properly and regularly backed up their data outside the platform.

14. Changes to the Terms and Conditions

The provider may update these terms and conditions if there is a legitimate reason (e.g., changes in the law or changes in the technical provision of services) and the changes do not unreasonably disadvantage the customer.

Customers will be notified in writing at least six (6) weeks before the changes take effect. If the customer does not object within one week before the changes take effect, the changes will be deemed accepted.

15. Language and Communication

These Terms and Conditions are provided in both English and German. In the event of discrepancies or disputes regarding the interpretation of specific clauses, the German version ("AGB") shall be legally binding and take precedence.

Official communication between the parties shall be conducted in German or English.

16. Final Provisions

Claims against the provider may not be assigned to third parties without prior written consent.

The law of the Federal Republic of Germany applies exclusively.

The place of jurisdiction for all disputes arising from the contractual relationship is Nürnberg, Germany.