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Terms & Conditions

Last updated: April 09, 2024

1. Scope of Application

  1. These Software as a Service (SaaS) – Contractual Terms (hereinafter “Contractual Terms”) are used by the provider, Mainteny GmbH, Rheinsberger Str. 76/77, 10115 Berlin (hereinafter “Provider”).
  2. The Provider has developed the software MAINTENY (hereinafter referred to as “Software”) and offers it to its customers for use via the Internet.
  3. The offer of the Provider for the use of the Software is exclusively directed to traders in the sense of § 14 German Civil Code (Bürgerliches Gesetzbuch, BGB). 
  4. A contract between the Provider and the Customer (as defined in the Order Form) for the use of the Software subject to these Terms and Conditions is concluded upon signature of the corresponding Order Form. The legal relationship between the Provider and the Customer is based exclusively on these contractual Terms and Conditions, including the provisions referred to herein, as well as the underlying Order Form, including any attachments. General terms and conditions of the Customer are excluded. This also applies if the Customer confirms the conclusion of the contract with reference to his terms and conditions and/or the Provider does not expressly object to the inclusion of the Customer’s terms and conditions.

2. Subject of the Contract

  1. The subject matter of the contract is the provision of the possibility of using the Provider’s Software to the Customer as software as a service (“SaaS”) or cloud offering via the Internet against payment of a fee limited in time to the term of the contract. 
  2. The Provider only owes the transfer of the functions and features of the Software as they result from the Order Form including any attachments as well as the adaptation to the respective state of the art.
  3. The Provider reserves the right, without giving rise to any claim on the part of the Customer, to provide an updated version of the Software . The Provider shall inform the Customer about updated versions and corresponding usage instructions electronically and make them available. Updated versions may differ from the previous version in appearance and functionality. The time and scope of changes leading to a new version of the Software will be determined by the Provider. The Provider also has the right to make updates and upgrades if these serve technical progress or appear necessary to prevent misuse. In addition, the Provider is entitled to change the Software if applicable law requires such changes, the changes are beneficial to the Customer, and the changes are of a purely technical or procedural nature and do not have a material impact on the Customer. If justified interests of the Customer are significantly impaired by the changes to the Software, the Customer has a special right of termination.
  4. The Customer acknowledges that based on the current state of the art it is impossible to produce complex software products completely free of errors. The Provider therefore does not owe the complete freedom from errors of the Software, but only the freedom from such errors that restrict the use of the Software in a significant way.
  5. Adaptation of the Software to the needs of the Customer is not owed. Services such as the development of Customer-specific solutions or any necessary adjustments to the Software require a separate agreement. The Provider may also at its own discretion at any time regulate the access and use of new functionalities of the Software in a separate agreement and agree on the payment of additional remuneration.
  6. The instruction of the Customer in the use of the Software is not owed, unless it is the subject of a separate agreement between the Provider and the Customer.
  7. The Provider may use the assistance of third parties for the provision of all contractual services and/or have the services provided in whole or in part by a third party.

3. Provision of the Software and Availability; Fault Management

  1. The Software is hosted on a server infrastructure licensed by the Provider. The Provider shall make the Software available to the Customer for use at the router exit of the data center where the server with the Software is located (the “Delivery Point”) at the time of the commencement of the contract as defined in the Order Form and shall transmit the required access data to the Customer in electronic form. Furthermore, the Provider shall send the Customer user documentation in electronic form after conclusion of the contract. The user documentation can also be viewed at any time during use of the Software and can be downloaded in a common format.
  2. The Customer is responsible for the Internet connection between the Customer and the data center and the hardware and Software required for this (e.g. PC, network connection). A prerequisite for the use of the Software at the Customer’s site is also a common, state of the art browser in the current version.
  3. The app component of the Software is made available to the Customer via the Apple App Store and the Google Play Store. The Customer shall install the App on the end devices itself in accordance with the instructions of the respective App Store operator. Delays in the provision of the Software by the App Stores are not the responsibility of the Provider and can therefore not be asserted against the Provider.
  4. The Software is offered subject to availability. Availability means the ability of the Customer to use all main functions of the Software. The average availability of the Software is 98% on an annual average. The decisive factor is the availability of the Software at the transfer point. Not included in the calculation of availability are (i) the regular maintenance windows, which can be up to 4 hours per week and are usually carried out between 10:00 p.m. and 4:00 a.m. Central European Time, (ii) periods of unavailability due to mandatory unscheduled maintenance work necessary to eliminate malfunctions, and (iii) periods of unavailability due to circumstances beyond the control of the Provider, in particular force majeure.
  5. The Provider makes daily backups and stores them for a period of seven days. Monitoring of the basic functions of the Software is performed on a daily basis.
  6. The Customer shall immediately report any malfunctions to the e-mail address specified under § 10. If the Customer has selected a corresponding module when placing the order, the Customer may also receive telephone support via the Provider’s hotline (§ 10). Troubleshooting is guaranteed Monday to Friday (excluding national holidays and public holidays in Berlin) between 9:00 a.m. and 6:00 p.m. (support hours). Serious malfunctions (the use of the Software as a whole or a main function of the Software is not possible) will be remedied by the Provider also outside the service hours at the latest within 2 hours from receipt of the report of the malfunction – provided that the report is made within the support hours. If it is foreseeable that it will not be possible to remedy the malfunction within this period of time, the Provider will inform the Customer of this immediately and notify the Customer of the expected exceeding of the period of time. Other significant malfunctions (main or secondary functions of the Software are disturbed but can be used; or other not only insignificant malfunctions) shall be remedied within 12 hours at the latest during the support hours. The elimination of insignificant malfunctions is at the discretion of the Provider.

4. Scope of Use and Rights of Use

  1. The Software will not be physically transferred to the Customer.
  2. The Software may only be used by the Customer within the scope of its own business activities by its own personnel and only for the purposes agreed in these Terms and Conditions and in the Order Form including any attachments. Subject to the successful conclusion of the contract and payment of the agreed fee, the Provider grants the Customer the non-exclusive and non-transferable right to use the Software during the term of the contract by means of access via a browser to the extent agreed in these Terms and Conditions and in the Order Form including any attachments for the intended purpose and in accordance with applicable laws. All intellectual property rights in and relating to the Software remain with the Provider unless expressly granted to the Customer. Unless expressly agreed otherwise, the granting of rights of use does only apply to the country in which the Customer has its place of business.
  3. The Customer is aware that the Software contains open source software components, the use of which is exclusively subject to the corresponding terms of use transmitted and/or referenced within the scope of the open source software components. In the event of contradictions or conflicting provisions of license terms of the open source software components and the provisions of these Terms and Conditions, the license terms of the open source software components take precedence.
  4. Any use of the Software by the Customer beyond the contractually agreed use requires the prior written consent of the Provider. In particular, but not conclusively, the Customer may not
  • use the Software beyond the agreed scope of use or have it used by third parties or make it accessible to third parties;
  • modify, decompile, disassemble, reconstruct or otherwise edit the Software;
  • use the Software to develop a competing software solution or help a third party do so; 
  • use the Software to distribute illegal and/or infringing content; and/or
  • sell, license, rent, transfer or in any other way commercially exploit the Software.

If you have given us your consent to the processing of personal data, you have the right to revoke your declaration at any time with effect for the future.


you make use of your above rights, we will check whether the legal requirements for this are met.


With regard to possible violations of your freedom and personal rights through the processing of your personal data, you can lodge a complaint with the competent supervisory authority, the Berliner Beauftragte für Datenschutz und Informationsfreiheit, Alt-Moabit 59-61, 10555 Berlin (further information see https://datenschutz-berlin.de).


You are also welcome to contact the above-mentioned data protection officer with questions and complaints.