Terms of Service

Provider

Danny Kukic, Am Speisehaus der Nationen 1c, 14641 Wustermark, Germany

These Terms apply exclusively to businesses within the meaning of § 14 BGB (clinics, practices, and comparable healthcare facilities). Consumers are excluded.

§ 1 Scope

These Terms of Service ("Terms") govern the use of the SaaS solution "EasyPointment" ("Service") provided at easypointment.com and related subdomains between Danny Kukic ("Provider") and the customer ("Clinic").

The service is intended exclusively for entrepreneurs within the meaning of § 14 BGB, in particular veterinary practices, animal clinics, animal physiotherapists and comparable veterinary facilities. Consumers within the meaning of § 13 BGB are excluded.

Any conflicting or supplementary general terms and conditions of the Clinic shall not become part of the contract unless the Provider expressly agrees to their application in text form.

§ 2 Subject Matter

The provider makes the service available to the practice for use via the internet. The scope of functions includes in particular:

• Management of appointments, services, and availability
• A public booking page per clinic
• Automated dispatch of confirmation, reminder, and cancellation emails
• Analytics via the clinic dashboard

The service does not constitute veterinary treatment and does not replace veterinary advice. The provider is not involved in the treatment relationship between the practice and the animal owner.

The current scope of features is described on easypointment.com. The Provider reserves the right to develop, add, modify, or discontinue individual features, provided this is reasonable for the Clinic.

§ 3 Contract Formation and Registration

The contract is formed when the Clinic registers an account and the Provider activates it (including implicitly by granting access).

The Clinic warrants that the data provided at registration is accurate and complete, and undertakes to update any changes without delay.

The Clinic is obliged to keep its access credentials confidential and to protect them from third-party access. The Provider is entitled to suspend an account if there is a concrete suspicion of misuse.

§ 4 Clinic Obligations

The practice is the data controller responsible for all data entered into the service by it and for the data submitted by animal owners via the booking page.

The practice warrants that it has a legal basis for processing the appointment data (in particular Art. 6(1)(b) GDPR) and that it has duly informed animal owners about the processing — including the involvement of the provider as a processor.

The Clinic shall indemnify the Provider against third-party claims arising from unlawful data processing for which the Clinic is responsible.

The Clinic undertakes not to misuse the Service, in particular not for unlawful content or for sending unsolicited communications to third parties.

§ 5 Data Processing

To the extent the Provider processes personal data on behalf of the Clinic in the course of providing the Service, the provisions of the separate Data Processing Agreement (DPA), attached as an annex to these Terms, apply.

The DPA takes precedence over these Terms in relation to the processing of personal data in the event of conflict.

§ 6 Fees

During the closed beta phase, the Service is provided to the Clinic free of charge. The beta phase ends at the time notified by the Provider in text form with at least 30 days' advance notice.

After the beta phase ends, use of the Service is subject to the fees communicated to the Clinic in a timely manner. The Clinic may terminate the contract with extraordinary notice during the advance notice period if it does not agree to the fees.

As long as no fees are agreed, payment-related provisions (e.g. default, dunning) do not apply.

§ 7 Availability

The Provider strives for the highest possible availability of the Service but does not guarantee a specific availability level during the beta phase.

Maintenance windows, disruptions, and outages will be announced in advance or promptly via easypointment.com where reasonably practicable.

Any agreed availability level applies only upon commencement of the paid phase and only where expressly provided in a supplementary agreement.

§ 8 Liability

The Provider is liable without limitation for intent, gross negligence, damages resulting from injury to life, body, or health, and for claims under the Product Liability Act or an express guarantee.

For simple negligence, the Provider is only liable for breach of a material contractual obligation (cardinal obligation). In such cases liability is limited to the typically foreseeable damage.

During the free beta phase, the Provider's liability for simple negligence is additionally limited to EUR 1,000.00 per loss event and EUR 5,000.00 in total per contract year, to the extent permitted by law.

Further liability of the Provider is excluded. Liability under Art. 82 GDPR remains unaffected.

Where the Provider's liability is excluded or limited, this also applies to the personal liability of its vicarious agents and sub-processors.

§ 9 Term and Termination

The contract is concluded for an indefinite period.

During the beta phase, either party may terminate the contract at any time without notice in text form.

After the commencement of the paid phase, ordinary termination is governed by the applicable plan terms.

The right of either party to extraordinary termination for good cause remains unaffected. Good cause for the Provider includes in particular the Clinic's serious breach of its obligations under § 4 despite a warning.

§ 10 Data Export and Deletion upon Termination

The Clinic may request an export of its data in a structured, commonly used, machine-readable format (e.g. CSV or JSON) during the contract period and for 30 days after termination. The Provider will provide the export within a reasonable period.

No later than 30 days after termination, all Clinic data will be deleted from production systems. Data will be removed from backups within a further 60 days; longer retention occurs only where required by statutory retention obligations.

Appointment data of animal owners that, at the time of contract termination, are still within the retention period stated in the privacy policy, will also be deleted upon termination of the contract, unless the practice has previously requested an export.

§ 11 Changes to These Terms

The Provider is entitled to amend these Terms with future effect where there is a material change in the legal situation, technical environment, or scope of the Service.

The Clinic will be notified of changes at least 6 weeks before the planned effective date in text form.

If the Clinic does not object within 6 weeks of receiving the change notification, the amended Terms are deemed accepted. The Clinic will be specifically informed of this period and the consequences of silence in the change notification.

If the Clinic objects in time, the Provider is entitled to terminate the contract with extraordinary notice as of the planned effective date.

§ 12 General Provisions

The law of the Federal Republic of Germany applies to this contract, excluding the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is, to the extent permitted by law, the Provider's registered location (Brandenburg, Germany).

Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.

Amendments and supplements to this contract require text form. This also applies to any amendment of this clause itself.