1. Scope
These General Terms of Business (Terms) apply to all contracts between signundsinn GmbH (hereinafter "Eywora", provider of the platform of the same name) and its commercial customers (hereinafter "Customer") concerning the provision of the Eywora platform and related services.
Eywora is aimed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). Deviating terms of the Customer apply only if Eywora agrees to them in writing.
2. Conclusion of contract
The contract is concluded by the Customer's acceptance of an offer from Eywora GmbH or by Eywora's express confirmation of the order.
The presentation of services on the website does not constitute a binding offer but rather an invitation to submit an offer.
3. Description of services
Eywora provides the Customer with a SaaS platform for use. The specific scope of functionality follows from the chosen base package and any add-ons booked.
The platform typically comprises:
- Search module with semantic AI search
- Optional: Health and Analytics modules
- Back-end access for authorised users of the Customer
- API interfaces for integration with the shop system
- Support by e-mail, phone and video call
Eywora reserves the right to develop functions further, introduce improvements and adapt non-essential functions, provided this is reasonable for the Customer.
4. Trial phase
Eywora offers a free trial phase of 14 calendar days. No costs arise during the trial phase. No termination is required; the trial phase ends automatically in the absence of an active order from the Customer.
5. Prices and payment
The prices shown on the website or in the offer apply, plus the statutory value added tax in force at the time.
Invoicing takes place monthly or annually in advance depending on the chosen billing period. Payments are due within 14 days of the invoice date without deduction.
In the event of late payment, Eywora is entitled to charge default interest at the statutory rate as well as a reasonable reminder fee. Eywora also reserves the right to suspend access to the platform after prior written reminder until outstanding claims have been settled.
6. Term and termination
The contract is concluded for an indefinite period. With monthly billing, termination is possible at the end of each month. With annual billing, the contract automatically extends by a further year unless terminated with 30 days' notice before the end of the respective term.
The right to extraordinary termination for cause remains unaffected. Cause exists in particular in the case of permanent unavailability of the service or material breach of contractual obligations.
Termination must be in text form (e-mail is sufficient).
7. Customer cooperation obligations
The Customer shall provide Eywora with the data and access required for the performance of the contract in a suitable form. This includes in particular:
- Provision of product data (via API, feed or comparable means)
- Designation of a technical contact person
- Cooperation in setting up the search integration
The Customer is obliged to treat the access credentials to the platform as confidential and to protect them against unauthorised access.
8. Platform availability
Eywora offers an annual average availability of 99.5%, measured against the main service (search API). Maintenance windows are announced in advance and, where possible, scheduled outside normal business hours.
For customers with a Premium SLA, extended availability and response times apply in accordance with the individual SLA agreement.
9. Data protection and data processing
The processing of personal data takes place on the basis of the GDPR. Insofar as Eywora processes personal data for the Customer, this takes place on the basis of a Data Processing Agreement (DPA), which forms an essential part of this contract.
10. Liability
Eywora is liable without limitation for damages arising from injury to life, body or health and for damages resulting from intentional or grossly negligent conduct.
For damages caused by slight negligence, Eywora is liable only insofar as a material contractual obligation (cardinal obligation) has been breached. Liability in such cases is limited to the foreseeable damage typical of the contract.
Liability for lost profits, indirect damages or consequential damages is excluded unless mandatory statutory provisions provide otherwise.
11. Confidentiality
Both parties undertake not to disclose to third parties any information of the other party marked as confidential or recognisably confidential, and to use such information only within the scope of contract performance. This obligation continues for three years after termination of the contract.
12. Changes to the Terms
Eywora reserves the right to adapt these Terms where this is necessary for legal reasons, to adapt to technical developments or to clarify provisions. Material changes will be communicated to the Customer in text form with a notice period of 30 days before they take effect. If the Customer does not object within this period, the changes are deemed accepted.
13. Final provisions
The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes arising from this contract is Munich, insofar as legally permissible.
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, the legally admissible provision that most closely matches the economic purpose shall apply.