Terms & Conditions
§ 1 Object
oneLake GmbH is a start-up that offers its customers a software solution with the aim of improving work processes. In addition to the software solution, oneLake GmbH also offers its customers extensive consulting services, which are intended to support customers in all matters relating to company management and the simplification of work processes as a supplement to the software solution offered.
The following General Terms and Conditions of oneLake GmbH, Goldammerweg 1, 44388 Dortmund (hereinafter referred to as "oneLake GmbH") apply exclusively to the use of the software solution and the use of consulting services in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless oneLake GmbH expressly agrees to their validity in writing.
oneLake GmbH provides its software solution exclusively to entrepreneurs (hereinafter referred to as "customer") within the meaning of § 14 BGB (German Civil Code).
§ 2 Services of oneLake GmbH
oneLake GmbH makes its software solution available to customers. The software solution is a software solution that can be used online. The customer can access the software solution using a [license key/user name and password].
The customer has the choice between provision of the software solution without additional maintenance services or provision of the software solution including service and maintenance services. In the case of exclusive provision of the software solution, the customer has the option of choosing between a simple Basic model and an extended Enterprise model. With the Basic model, the customer has .... The Enterprise model provides the customer with extended functions. In particular, the customer can ...
If the customer opts for exclusive provision of the software, oneLake GmbH makes the software solution available to the customer via the cloud provider provided by the customer.
If the customer opts for the software solution model including service and maintenance services, oneLake GmbH grants the customer access to the software solution via the cloud provided by oneLake GmbH.
In addition to the software solution, oneLake GmbH offers its customers extensive consulting services in the area of data management. In doing so, oneLake GmbH supports its customers in both the technical and strategic management of data.
§ 3 Responsibilities of the Customer
The customer ensures that the technical requirements for using the software solution are met. The technical requirements are attached to these General Terms and Conditions.
To ensure compatibility, the customer is obliged to inform oneLake GmbH immediately, but at least 14 days in advance, before carrying out an update or a significant change to the customer’s system. If the customer conducts an update or changes the system without prior notice to oneLake GmbH, the customer is solely responsible for any disruptions resulting from a lack of compatibility.
§ 4 Duty to Cooperate
In the event of any disruption that leads to an impairment of the software solution’s usability, the customer is obliged to cooperate.
To resolve the disruption as quickly as possible, the customer is required to notify oneLake GmbH of the disruption according to the following procedure:
The customer must immediately report any disruption that occurs in connection with the software solution provided by oneLake GmbH, unless the disruption is caused by components not covered by this contract.
To exclude that the disruption is caused by third-party product or system components not covered by this contract, the customer shall analyze the system environment before reporting the disruption to oneLake GmbH.
The customer shall perform an initial assessment of the potential cause of the disruption.
The customer shall report the disruption using the specified email address helpdesk@onelake.ai.
The customer is obliged to immediately report any disruption, and if possible, include the following information to oneLake GmbH:
- A precise description of the disruption.
- Results of any analyses conducted by the customer.
- Information on whether the disruption is reproducible and if so, how.
- Any information indicating that it is a recurring disruption.
- Details of any error messages received, including screenshots, information on the operating system, and device used.
If the disruption is not caused by the software solution from oneLake GmbH, oneLake GmbH will inform the customer immediately upon determination.
§ 5 Usage Rights
oneLake GmbH grants the customer a simple, non-transferable, revocable, temporally and geographically restricted right to use the software solution for the duration of the contract.
§ 6 Warranty
The software provided by oneLake GmbH substantially corresponds to the product description. Warranty claims do not exist for minor deviations from the agreed or presumed condition and for only minor impairment of usability. Product descriptions do not constitute guarantees unless separately agreed upon in writing. For updates, upgrades, and new versions, the warranty claims are limited to the innovations of the update, upgrade, or new version compared to the previous version.
If the customer demands rectification due to a defect, oneLake GmbH has the right to choose between rectification, replacement delivery, or replacement service. If the customer has set a further reasonable deadline for oneLake GmbH after an initially unsuccessful period, and this period also expires without result, or if a reasonable number of rectification, replacement delivery, or replacement service attempts remain unsuccessful, the customer may withdraw from the contract or reduce the payment under the legal conditions. Rectification may also be provided by delivering a new program version or a workaround.
If the defect does not or only insignificantly impair functionality, oneLake GmbH is entitled, excluding further warranty claims, to remedy the defect by delivering a new version or an update within its version, update, and upgrade planning.
§ 7 Fees
The customer can choose between providing the software solution without additional maintenance services or providing the software solution including service and maintenance services.
For the provision of the software solution without additional service and maintenance services, the customer pays oneLake GmbH a monthly license fee. The amount of the monthly license fee depends on the model selected. The monthly license fee is EUR 199.00 net for the Basic model. For the Enterprise model, the monthly fee is EUR 1,999.00 net.
If the customer opts for the provision of the software solution including service and maintenance services, the monthly license and service fee is EUR 2,499.99 net.
Consulting services are billed separately at an hourly rate of EUR 120.00 net.
oneLake GmbH will invoice the fees at the end of each month. The fees are due 14 days after receipt of the invoice.
Additional services are not part of this contract and will be billed separately. The parties will agree on the scope and remuneration of additional services in a separate agreement.
§ 8 Term and Termination
The contract has a minimum term of 12 months. After the minimum term, the contract is automatically extended by another 12 months unless one of the parties terminates the contract with a notice period of 3 months to the end of the minimum term or any extension period.
The right of both parties to terminate the contract without notice for good cause remains unaffected.
Any termination must be in writing.
§ 9 Customer Service
Customer service supports the customer in the event of problems related to the software solution provided by oneLake GmbH. Additionally, customer service handles customer inquiries that are not disruptions but service requests.
The customer can reach customer service via email at helpdesk@onelake.ai. The customer reports the disruption to oneLake GmbH and describes the respective disruption.
§ 10 Confidentiality
The parties undertake to treat all confidential information that becomes known to them during the execution of this contract as strictly confidential and to use this information only for the contractually agreed purposes. The parties may not disclose confidential information, whether in writing, orally, or in any other form, to third parties.
“Confidential information” includes all information, documents, details, and data marked as confidential or considered confidential by their nature. Each party undertakes to take all efforts to protect this confidential information from disclosure to third parties. Affiliates of a party (§§ 15 ff. AktG) are not considered third parties within the meaning of this contract. The disclosure of confidential information is limited to the employees of the parties directly involved in the activities under this contract and who need to know these confidential information and are bound by the provisions of this § 10.
The parties undertake to use all information exclusively to fulfill their obligations under this contract. This does not apply to:
- Information that is or becomes generally known without any party breaching its confidentiality obligation.
- Information disclosed by third parties without violating confidentiality obligations to a contracting party.
- Information already known to a party at the time of contract conclusion.
- Information that must be disclosed due to legal obligations or court orders. If a party suffers damage because the other party intentionally or negligently discloses confidential information in breach of its confidentiality obligation, it can claim compensation under § 11.
The rights and obligations under § 10 remain unaffected by the termination of the contract and continue for 3 [three] years after the termination of this contract.
§ 11 Liability
oneLake GmbH’s liability is unlimited in cases of intent, gross negligence, and injury to life, body, or health, as well as in the case of the intentional violation of essential contractual obligations (cardinal obligations). Essential contractual obligations are those whose fulfillment enables the proper execution of the contract. In the event of a negligent violation of essential contractual obligations, oneLake GmbH's liability is limited to the typical foreseeable damage associated with this type of contract. Both parties are also liable without limitation under the Product Liability Act.
Except in the cases mentioned in paragraph 1, oneLake GmbH's liability is limited to the typical foreseeable damage associated with this type of contract.
oneLake GmbH is only liable for data loss up to the amount that would have been incurred for restoring the data if it had been properly and regularly backed up by the manufacturer.
§ 12 Third-Party Rights
If the customer is claimed by third parties for an alleged legal violation of the provided software solution, the customer is obliged to inform oneLake GmbH immediately. In this case, oneLake GmbH will take over the defense against the alleged legal violation.
§ 13 Industrial Property Rights
oneLake GmbH is the owner of the Union trademark "onelake" and the author of the texts and images published on this website. The use of the trademark or the protected content is only permitted with the prior express consent of oneLake GmbH.
§ 14 Reference
Both parties are entitled to refer to the cooperation with the other party and in this context, in particular, to mention the other party as a reference, including on their website and in advertising.
In this context, parties are entitled to use each other’s trademarks for reference purposes.
§ 15 Final Provisions
This contract contains the entire agreement between the parties. No oral agreements have been made.
Amendments or additions to this contract must be made in writing and signed by both parties. This also applies to changes to the requirement of written form in this clause. Emails do not fulfill this written form requirement.
This contract and all disputes arising from or in connection with it, including its formation, are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG).
Unless an exclusive jurisdiction applies, the parties agree to Düsseldorf as the place of jurisdiction.
If any provision of these terms is or becomes invalid, the validity of the remaining provisions of this contract remains unaffected. In such a case, the parties will replace the invalid provision with a regulation that comes as close as possible to the economic purpose of the provision to be replaced. The same applies to gaps in the regulation.