Terms of Service
1.1 These Terms of Service ("ToS") by Digital Purchase Order (LeBog Software GmbH, the “Company”) apply to all contracts (the “Contract”) between the Company and its customers as entrepreneurs (according to Sec 14 of the German Civil Code, Bürgerliches Gesetzbuch (BGB), "Customer", Company and Customer jointly referred to as “Parties”) regarding the use of the 'the Company' Software ("Software") as described in detail under https://www.digitalpurchaseorder.com/ ("Website") and all related services (the Software and related services jointly the "Service(s)"). The provided scope of the Services depends on the Customer’s subscription plan.
1.2 The Company does not accept any Terms and Conditions of the Customer, unless otherwise agreed in writing.
1.3 The Customer shall be notified in advance of any changes to these ToS by e-mail. If the Customer does not object to such changes within six weeks after receipt of the change notification, the changes shall be deemed agreed. The Customer shall be informed separately of the right to object and the legal consequences of silence in the event of an amendment to the ToS.
2. Registration / Contract
2.1 The use of the Services requires a valid contract that can be concluded between the Parties either via the Website or offline (“Contract”). In case of an offline Contract DPO will create a Customer Account ("Customer Account") and provide the Customer with the technical option to create personal log-in data. Via the Account the Customer may invite the amount of users (“User”) granted by the Contract. The Users will receive an invitation email in which they will be asked to set-up a personal user account (“User Account”) and to choose a password.
In order to conclude a contract via the Website the Customer may choose between a free trial period (“Trial Period”) or a direct purchase of one of the following subscription plans: “Basic”, “Standard”, “Executive” and “Premium” or Custom License Packages (“Subscription Plans”). Each Subscription Plan runs for the subscription Period indicated on the website (https://www.digitalpurchaseorder.com/pricing-small-business-corporations) or in the Custom Contract (“Subscription Period”). The features included in the Service depend on the chosen Subscription Plan and are indicated for each Subscription Plan on the website (www.digitalpurchaseorder.com/pricing-small-business-corporations). After the Customer has chosen a Subscription Plan, the Customer has to fill in personal and billing data. The Customer must fill in the sign-up form truthfully and completely and accept these ToS. A natural person registering the Account for a legal entity confirms with the registration to be duly authorized to act on the legal entity’s behalf. By clicking on the “Proceed”-button the Customer will be forwarded to an overview page on which the Customer may check an alter the purchase order. By clicking on the button “Purchase now” submits a binding offer on the conclusion of the contract-. The Contract is concluded when the Customer receives a confirmation email on the email address provided. In this confirmation email the Customer will also be asked to verify the email address and to choose a new password for the Customer Account. The Customer may up- or downgrade the current Subscription Plan to another Subscription plan at any time. In case of an upgrade, the Customer will be charged with the price difference between the current and the upgraded Subscription Plan upon activation of the upgraded Subscription Plan. In case of a downgrade, the reduced remuneration will be charged on the starting of the new Subscription Period. The Customer is not entitled to any pro rata refunds for the current Subscription Period.
2.2 The Customer may also sign-up for a Free Trial (“Free Trial”). To use the Free trial the Customer has to fill in the form by inserting personal details, including name, phone number and an email address. By clicking on the button “Register for Free” the Customer submits a binding offer for the conclusion of a renumeration free Contract with DPO on the use of Services for the duration of two (2) weeks (“Free Trial Period”). DPO may accept this offer by sending a confirmation email to the Customer containing a link for the completion of the registration. The Free Trial terminates automatically upon expiry of the Free Trial Period. During or after the Free Trial Period the Customer may swap from the Free Trial to any of the Subscription Plans at any time.
2.3 Depending on the subscription plan Customer may invite a certain amount of Users (minimum: 3) via email to use the Service (“User”). In case of offline contracts DPO will invite the first Users on behalf of the customer. Further users can be then invited by the customer. The invited Users will receive a confirmation email and will be asked to confirm the email address and to complete the registration of the user Account (“User Accounts”). The Customer shall be solely responsible for such User Accounts and ensure that the Users use the Service only in accordance with these ToS.
2.4 Accounts must not be transferred to any other third party.
2.5 The contractual language is English; DPO does not store the contractual information.
3.1 The Customer is obligated to pay the renumeration for the chosen Subscription Plan and Subscription Term upfront upon the activation of the Service using the provided payment methods (PayPal) or via direct bank wire to the account of the Company.
3.2 The Customer is not entitled to any (pro rata) refunds in case he is not using the Service for the entire Subscription Term (e.g. in case of a termination or a downgrade).
4. Software License
4.1 Customer acknowledges that all copyrights, trademarks and other intellectual property rights in and relating to the Software and the Service are owned by or licensed to the Company.
4.2 Upon payment of the renumeration according to Sec. 4 the Company hereby grants to Customer for the duration of the respective subscription plan a worldwide, non-exclusive, non-transferable right to use the Software for the amount of Users agreed on in the respective subscription plan.
4.3 The Company makes the Software and Services, not the source code available on its own servers or on the server of an engaged data processor ("Data Centre"). The Software is kept available via this Data Centre along with the data that is recorded, elevated, used and held, saved onto the open platform and kept available for remote data access in the interest of intended polling. Use of the Software will be made available to the Customer by the Company from the router output via the Data Centre. The establishing and maintaining of the data connection between the Customer’s end device and the delivery point operated by the Company is subject to the Customer's responsibilities. Accessing the data saved with the Service will no longer be possible for the Customer after termination of the agreement.
4.4 Access to the Service and the stored data are possible at all times, except during maintenance, unless the Company is required to carry out emergency support works or take other urgent measures in order to maintain the Service. The Customer acknowledges that downtimes might occur due to technical issues. Therefore, the Company only provides for a reasonable and common service level.
4.5 The Customer is solely responsible for providing the system environment and IT infrastructure required to use the Software.
4.6 The Services are designed as a closed system but does provide for inbound and outbound data exchange via its integrated application program interface (api). Company does not warrant or guarantee any compatibility of the Services with third party applications, software or databases (jointly “Third Party Applications”). The Customer acknowledges that any connection and/or interaction of the Service with Third Party Applications may affect the functionality of the Service and/or the Third Party Application which may lead to amongst others damages, including but not limited to loss of data. Any use of Third Party Applications with the Services will be at the Customer’s sole risk.
5. Customer’s Obligations
5.1 The customer shall be obliged to
- assure the correctness of the data provided during registration and is obligated to immediately enter any subsequent changes to the data via the customer account settings;
- to set up and maintain the necessary data security precautions during the entire term of the contract. This also refers to the careful and conscientious handling of logins and passwords. The Customer is obliged to regularly save / backup data;
- to inform the Company immediately about technical changes or problems occurring in the customer's area, if these are likely to affect the provision or the security of the Services.
5.2 The Customer is obligated to refrain from all measures that endanger or disrupt the functioning of the Service. Furthermore, the Customer must ensure that the information and data transmitted via the Service are not infected with viruses, worms or other malware.
5.3 The Customer is obliged to keep his login data secret and to disclose it only to authorized persons. Actions of third parties using the respective login of a Customer shall be attributed to the Customer. The Customer is obliged to inform the Company immediately about the loss of access data to the Account or misuse of the Account.
5.4 The above obligations apply accordingly to User Accounts.
6. Shared Responsibility
6.1 The Customer is solely responsible for all data, content or information entered by the Customer or User via the respective Customer and/or User Accounts. This responsibility includes the correctness of the entered data and information.
6.2 The Customer and the Users can make various settings within the Service, e.g. authorization or publication settings. While the Company is responsible for the mere correct functionality of those settings, the Customer is solely responsible for his/her selection of the settings.
6.3 The Company is neither liable for any incorrect data, content or information entered by the Customer or the Users of the Customer-Account, nor for any unintentional settings made by the Customer or the Users of the Customer Account.
6.4 Under no circumstances shall the Company be liable, whether in an action of contract, negligence or other tortious action, for any damages suffered by the Customer or the Users, including any incidental, special or consequential damages (including, without limitation, any lost profits or damages for business interruption, loss of information, programs, or other data) that arise from, relate to, or are in connection with, the Services, even if the Company was advised of the possibility of such damages.
7. Prohibited Use
Customer agrees not to upload, transmit, support, incite, promote or otherwise make available any Content that is or could reasonably be viewed as unlawful or which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. The Company has the right to remove unlawfully uploaded content. In particular, the Customer (or Users) must not
- use the Services for any other purpose than provided for in these ToS, in particular, not offer the Services to unauthorized third parties or sell, sub-license, lease, transfer or otherwise commercially exploit the Software;
- interfere with or disrupt the Services or servers or networks;
- remove or amend any proprietary notices or other ownership information from the Service;
- collect or harvest any personally identifiable information, including account names, from the Service;
- decompile, reverse engineer, disassemble or hack any of the Software or defeat or overcome any of the Company' (or engaged third party providers') encryption technologies or security measures;
- conduct any action that restricts or inhibits anyone's use or enjoyment of the Service or may harm or offend or expose the Company or its users to liability, in particular refrain from use that can disable, overburden, damage or impair the Service (or the ability to engage in real time activities via the Service) or use of robots, spiders or other automatic device, process or mean (to access the Service);
- use any device, software or routine to interfere with the proper working of the Service, in particular, not use any viruses, trojan horses, worms, logic bombs or anything malicious or technologically harmful;
- not perform attempts for unauthorised access, interference, damage or disrupt, copying, distributing or disclosing any parts of the Service;
- transmit or procure of any junk mail, chain letter, spam, or any other similar solicitation;
- impersonate the Company, the Company' employees or other users of the Service or their employees;
- pursue any threatening, fraudulent, harmful purpose or activity; and/or
- use the Services in any other way not permitted by these ToS.
In the event of a violation of the above by the Customer the Company shall be entitled to deny access to the Services (temporarily) and - if reasonable - immediately terminate the agreement.
8. Rights in case of defects; Changes to and development of the Software
8.1 The Software made available to Customer shall essentially correspond to the product description according to this agreement. Warranty claims do not exist in the case of an insignificant deviation from an agreed or presumed quality and in the case of only insignificant impairment of usability.
8.2 The Company is entitled to change the design and to adapt the structure and functions of the Service and will inform the Customer of any significant changes. Those changes will not affect the Software features guaranteed under the respective Subscription Plan.
8.3 In the event of any defects or errors relating to the Service Customer shall report such defects or errors via the chat function in the Software or via email to firstname.lastname@example.org and include sufficient details relating to the defect in such reporting.
9. Term; Termination
9.1 The term of the Contract is defined by the Subscription Period of the chosen Subscription Plan.
9.2 The Parties’ right to terminate the Contract for cause remains unaffected.
9.3 After the termination has come into effect, the Customer's Account will be deactivated and the Customer will no longer be able to log into the Website and/or have any access to the Services.
10.1 Each Party agrees and undertakes, with respect to any information received by the respective other party marked as 'confidential' or appearing confidential ("Confidential Information“):
- to examine and use all Confidential Information only for the purpose of the Services, and not to use the Confidential Information for its own benefit or to compete or obtain advantage vis-à-vis each Party's in any commercial activity or transaction which may adversely affect such party;
- not to disclose Confidential Information to any third party, whether in whole or in part either directly or indirectly in any shape or form, except to each Party's employees or representatives and/or other users of the Service as is reasonably required in connection with using the Service;
- not to copy, reproduce or reduce to writing any part of the Confidential Information except as may be reasonably necessary pursuant to the first bullet point above and to ensure that any copies, reproductions or reductions to writing so made shall be the property of the respective party.
10.2 This obligation shall not apply to any information that is or becomes generally known to the public through no fault or breach of these ToS or any other confidentiality obligation applicable; is legally known to a party at the time of disclosure without an obligation of confidentiality; a Party rightfully obtains from a third Party without restriction on use or disclosure and without a breach of a confidentiality obligation by such third party; or in case the Party is being ordered by a competent authority or court to disclose the information.
11. Final Provisions
11.1 If these ToS refer to written form text form according to section 126b BGB (for example via email) shall be sufficient.
11.2 This agreement and its interpretation are subject to the jurisdiction of the Federal Republic of Germany, to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods (CISG).
11.3 Place of jurisdiction for each and any legal dispute arising from or being in connection with this contract shall be the registered office of the Company.
11.4 The ToS are available on the Website (https://www.digitalpurchaseorder.com/terms) at any time. The Company is entitled to change these ToS at any time with a reasonable notice period and with effect for the future. In that case the Customer will be notified about the changes via email: Further, the Customer obtains an extraordinary right of termination of the agreement with the Company. The changes shall be deemed approved, if the Customer does not object in writing to the changes within the reasonable notice period and has been notified of such effect in the respective amendment notification.