Terms of Service

(1) These General Terms and Conditions (GTC) apply to all usage relationships between the Provider and the Customer regarding the provision and use of the software "fasan.app".

(2) The Provider provides services exclusively to entrepreneurs within the meaning of § 14 BGB. Use by consumers within the meaning of § 13 BGB is excluded.

(3) Deviating or supplementary General Terms and Conditions of the Customer do not apply, even if they are not expressly contradicted, unless the Provider expressly agrees to their validity in writing.

(1) The Provider provides "fasan.app" as a web-based Software-as-a-Service solution (SaaS) for managing OKRs (Objectives and Key Results).

(2) Use is exclusively through the platform provided by the Provider.

(3) The Provider is entitled to further develop the software technically and functionally. Changes that do not significantly restrict the core benefit remain reserved at any time.

(4) A specific availability, performance, or compatibility with third-party systems is not guaranteed, unless this is expressly regulated in the contract.

(1) The use of the software requires the conclusion of an individual usage contract.

(2) Mere registration or setup of a workspace does not establish a usage relationship.

(3) Details regarding duration, remuneration, and usage result exclusively from the respective contract.

(1) The concrete scope of services, any restrictions or additional functions are determined by the scope regulated in the contract.

(2) Trial periods or demo access require a separate agreement. Without such agreement, there is no claim to free use.

(1) The Provider strives for high availability but does not guarantee continuous accessibility.

(2) Maintenance, care, or development measures as well as external influences can temporarily lead to restrictions or failures.

(3) The Provider is entitled to carry out maintenance measures at any time; planned measures are announced if possible.

(1) If the Customer violates these GTC or legal requirements, the Provider is entitled to block access to the software in whole or in part.

(2) The assertion of further claims remains expressly reserved.

(1) Billing and payment methods are determined exclusively by the provisions of the individual contract.

(2) In case of payment default, the Provider is entitled to temporarily block access to the software.

(3) Statutory default interest as well as flat-rate reminder fees may be charged.

(1) Duration, notice periods, and forms of termination result exclusively from the individual contract.

(2) The right to immediate termination for good cause remains unaffected.

(1) The Customer receives a simple, non-transferable usage right to the software limited to the contract duration.

(2) The source code is not disclosed. Further rights, in particular for modification, reproduction, or publication, are not granted.

(3) The software as well as all content, texts, graphics, and structures are protected by copyright and remain the property of the Provider.

(1) Both parties undertake to keep confidential information secret. This applies in particular to technical information, business processes, contract contents, and internal procedures.

(2) This obligation continues even after the contract ends.

(1) The Provider's liability is excluded – insofar as legally permissible.

(2) Liability for intent or gross negligence as well as for injury to life, body, or health remains unaffected.

(3) For simple negligence, the Provider is only liable for violation of essential contractual obligations (cardinal obligations), but limited to the damage typically foreseeable at the time of contract conclusion.

(4) Liability for lost profits, indirect damages, or consequential damages is excluded.

(5) Liability for data loss is limited to the typical restoration effort with proper data backup by the Customer.

(6) The fault-independent liability for initial defects pursuant to § 536a para. 1 alt. 1 BGB is excluded.

(1) The processing of personal data is carried out in accordance with the applicable legal provisions, in particular the GDPR.

(2) If the Customer enters personal data of third parties into the software, the Provider acts as a data processor. A corresponding contract for data processing is provided to the Customer.

(3) Further information can be found in the privacy policy published on the website.

(1) The Provider reserves the right to change these GTC for objective reasons with effect for the future.

(2) The Customer will be informed of changes by publication on the website. If he does not object within 30 days, the changes are deemed approved.

(1) German law applies exclusively, excluding the UN Sales Law (CISG).

(2) The place of jurisdiction for all disputes is – insofar as legally permissible – the seat of the Provider.

(3) Should individual provisions of these GTC be wholly or partially invalid, the validity of the remaining regulations remains unaffected.