1. Contracting Parties and Scope
1.1 Contracting Parties
The Customer is not a consumer within the meaning of Section 13 of the German Civil Code (BGB).
1.2 Scope
These Supplementary Contractual Terms extend and specify the General Terms and Conditions of BauCloud GmbH. The specific service module SaaS Bitkom - Contractual Terms for the Use of Software via the Internet (Software as a Service) in the version specified in the General Terms and Conditions of BauCloud GmbH shall apply.
2. Subject Matter of the Contract
The subject matter of these terms is the provision of the software "Reporting API App" as Software-as-a-Service (SaaS). The entire contractual relationship between the Provider and the Customer, established by these terms, the General Terms and Conditions of BauCloud GmbH, and the additional documents referred to in Section 3, is hereinafter referred to as the "Reporting API App Service Agreement".
3. Order of Precedence of Contract Components
Agreements between the Customer and the Provider shall have the following order of precedence, with the higher-ranking document taking priority:
- Individual amendments and/or supplements to the contractual agreements
- Individual contractual agreements, in particular the accepted offer
- Data Processing Agreement (DPA)
- Supplementary Contractual Terms for the Use of Reporting API App (Software as a Service), i.e., these contractual terms
- General Terms and Conditions of BauCloud GmbH with the base module (AV Bitkom) and the service module of the terms corresponding to the subject matter of the contract
- System requirements defined by the Provider
- Statutory provisions
4. Formation of Contract
4.1 Contract Conclusion
The contract is concluded by an offer from the Customer to enter into a contract and the acceptance of the offer by the Provider. Acceptance by the Provider may be made either in writing, by email, or by activation of the first user. In the latter case, the Customer waives a declaration of acceptance by the Provider.
4.2 Confirmation of Scope of Services
Following contract conclusion, the Provider shall notify the Customer of the specific scope of the contractual services in a confirmation message. This confirmation serves for clarification purposes and does not alter the agreed scope of services unless expressly agreed otherwise.
5. Service Description of Reporting API App
5.1
Reporting API App is a cloud-based software for capturing, storing, and optionally forwarding browser-side event reports (hereinafter "Reports").
5.2
The software receives Reports via standardized web APIs (such as the W3C Reporting API) and stores them for the retention period specified in the respective subscription plan. The Customer may view Reports via the user interface and optionally have them forwarded to external systems—such as observability platforms, ITSM systems, or communication channels.
5.3
During processing, the software extracts metadata from the transmitted data on a best-effort basis. This functionality depends on the quality of the information provided by the browser.
5.4
The Customer is responsible for the correct configuration of the reporting endpoints and the setup of notification targets. The analysis of Reports and any measures derived therefrom are also the responsibility of the Customer.
5.5
The specific scope of services (in particular the number of applications, report quota per billing period, and retention period) is determined by the subscription plan selected by the Customer.
If the report quota is exceeded, additional Reports will not be stored until the beginning of the next billing period. Reports that were not stored due to quota exceedance cannot be recovered retroactively.
5.6
The Provider guarantees server availability of 98.00% on an annual average. Excluded from this are periods of unavailability due to:
- technical problems outside the Provider's sphere of influence (e.g., force majeure, fault of the Customer or third parties),
- maintenance work by the data center used,
- scheduled maintenance work by the Provider.
The Provider endeavors to schedule planned maintenance during the following times: weekends and/or weekdays from 23:00 to 01:00 CET.
5.7
The Provider guarantees the following response times during regular business hours (Monday to Friday, 8:00 to 18:00 CET, excluding public holidays at the Provider's registered office):
- For critical incidents: 5 hours
- For other incidents: 24 hours
If an incident is reported outside business hours, the response time begins at the start of business hours on the next business day.
6. Supplements and Deviations from the Contractual Terms for the Use of Software via the Internet (Software as a Service) - SaaS Bitkom -
6.1 Supplement to SaaS Bitkom Section 4 (Data Protection)
The Provider performs daily backups of Customer data. Despite these regular backup measures, the Provider points out that partial data loss may occur. In the event of data loss, data can only be restored up to the point of the last successful backup. See also SaaS Bitkom Section 5.3 in this regard.
6.2 Supplement to SaaS Bitkom Section 8.1 (Contact Point)
The Provider's hotline also accepts incident reports from the Customer.
6.3 Deviation from SaaS Bitkom Section 8.2 (Receipt and Processing of Inquiries)
Inquiries and incident reports may only be submitted via email or through the contact form on the Provider's website. Contact by telephone or fax is not possible.
6.4 Supplement to SaaS Bitkom Section 9.1 (Contract Commencement)
If no date is specified in the contract, the contract term shall commence at the time of contract conclusion referred to in Section 4.1 of these Supplementary Contractual Terms.
6.5 Supplement to SaaS Bitkom Section 9.1 (Contract Term)
The contract is initially concluded for a minimum term of one month, unless a different term has been agreed.
6.6 Deviation from SaaS Bitkom Section 9.2 (Notice Period and Renewal)
The contract may be terminated with 30 days' notice, at the earliest upon expiration of the minimum term. If not terminated, the contract shall automatically renew for an additional month each time, unless properly terminated with 30 days' notice prior to the end of the respective renewal period.
7. Supplements and Deviations from the General Contractual Terms - AV Bitkom -
7.1 Modified Liability Provision (regarding Section 6.2 AV Bitkom)
In deviation from Section 6.2 of the AV Bitkom, the Provider's liability for material and pecuniary damages caused by slight negligence is limited as follows: Liability is limited to the amount of the net annual remuneration paid by the Customer in the 12 months immediately preceding the damaging event. If the contractual relationship existed for a period shorter than 12 months at the time of the damaging event, the remuneration paid up to that point shall be extrapolated to an annual amount. The minimum liability amount pursuant to Section 6.2 AV Bitkom shall not apply. Liability pursuant to Section 6.1 AV Bitkom remains unaffected by this limitation.
8. Data Processing
The provision of SaaS services includes the processing of personal data on behalf of the Customer. The provisions of the Data Processing Agreement (DPA) pursuant to Art. 28 GDPR shall apply. This DPA is a legally binding annex to these contractual terms and an integral part of the contract. In accordance with the order of precedence set forth in Section 3 of these terms, the provisions of the DPA shall take precedence in the event of conflicts.