TheraTap GbR, Grootkoppelstr. 56, 22844 Norderstedt (hereinafter referred to as "TheraTap" or "we") provides you (hereinafter referred to as "You" or "Customer") with the TheraTap software (hereinafter: "Software") as a SaaS product for the digital documentation of treatments for horses and dogs available. The following terms of use apply to the use of the software:
1.Scope of Application
1.1. Contractual Partner and Subject Matter. The subject of these terms and conditions is the provision of the TheraTap software for the use of its functionalities to the customer against payment of the agreed fee.
1.2. Business-to-Business ("B2B"). We exclusively address our offer to businesses and individuals acting in a commercial or professional capacity. A contract is therefore concluded either with the business for which the software is used, or with the individual acting commercially or professionally.
2.Description of the Software's Functionality
2.1.Scope and Objective of Application. The software enables horse and dog therapists to comprehensively record treatment details. The goal of the software is to enable horse and dog therapists to document efficiently during and after treatments and to contribute to the improvement of the overall treatment plan.
Beyond mere documentation, the software offers a range of additional, supporting functions. The specific range of functions available depends on the package booked. Not all functions are available in all packages. In addition, the individual packages vary in terms of the number of animals that can be recorded as well as the provision of storage space.
The currently available package options and prices can be accessed at any time at: https://www.theratap.de/#pricing
2.2. Range of Functions. Specifically, depending on the package booked, the following functions are available:
3.Usage Agreement
3.1.Use of the Software. TheraTap grants the customer the use of the current version of the software for the agreed number of authorized users via the internet by accessing through a browser.
3.2.Availability: TheraTap guarantees the functionality and availability of the software during the duration of the contractual relationship and will maintain it in a condition suitable for contractual use. The availability of the software also depends on the availability of servers at our hosting provider Hetzner. They currently guarantee us a network availability of 99.9% (further information available at: https://www.hetzner.com/de/legal/terms-and-conditions/).
3.3.Updates. TheraTap may, without being obliged to, update or further develop the software at any time, especially due to changes in legal conditions, technological developments, or to improve IT security. This may change the range of functions of the software from time to time. TheraTap will consider the legitimate interests of the customer and inform the customer in advance about necessary updates. In the event of a significant impairment of the customer's legitimate interests, the customer has the right to terminate the contract prematurely.
3.4.Maintenance Work. TheraTap will regularly maintain the software and inform the customer about any associated restrictions in advance. Maintenance will regularly be carried out outside of the customer's usual business hours, unless maintenance must be performed at another time for compelling reasons.
4.Customer Obligations
4.1. Use by the Customer. The customer must protect and keep the access data transmitted to them in accordance with the state of the art from third-party access. The customer will ensure that use occurs only to the extent agreed upon in the contract. Unauthorized access must be reported to TheraTap immediately.
4.2. Customer's Access Capability. TheraTap makes the software available at the router exit of the respective data center of the provider ("handover point"). It is the customer's responsibility to create the technical prerequisites for receiving the software at the handover point and for its use. Regularly, this means that the customer must use a functioning end device with a working internet connection.
4.3. Data Security. Furthermore, the customer is obliged not to store any data on the provided storage space that violates applicable law, regulatory orders, third-party rights, or agreements with third parties.
4.4. Virus Protection. The customer will check the data for viruses or other harmful components before storing or using it in the software and will use measures (e.g., antivirus programs) in accordance with the state of the art.
4.5. Data Backups. The customer is responsible for regularly making appropriate data backups.
5.Support. TheraTap provides you with support for the software. You can contact this support with all concerns related to the software. The support can be reached at: info@theratap.de or by phone at 040 33 46 90 24-0
6.Payment and Billing Modalities
6.1. Billing Period. Billing is carried out – depending on the chosen billing period – monthly or annually in advance for the respective period.
6.2.Payment Processing. Payment processing is carried out by the payment service provider Stripe. Payment methods available include credit card, SEPA direct debit, Apple Pay, Google Pay, and SOFORT.
6.3.Price Changes. TheraTap reserves the right to adjust the prices for subscriptions if required due to external factors (e.g., increased infrastructure costs, inflation, legal changes). Price changes will be communicated to customers at least six weeks prior to their effective date via email. If the customer disagrees with the price change, they have the right to terminate the subscription before the price change takes effect. If the customer does not terminate the subscription, the price change is considered accepted.
7.Term and Termination
7.1.Term. By booking one of the package options, the subscription begins. The minimum term is – depending on the chosen billing period – one month or one year. At the end of the respective billing period, the subscription automatically extends for the duration of another period.
7.2.Termination. The subscription can be terminated at any time and then ends at the end of the respective billing period.
7.3.Package Change. The customer can switch to a higher or lower-priced package at any time. In the case of a switch to a higher-priced package ("Upgrade"), a prorated payment is due, and the change takes effect immediately. In the case of a switch to a lower-priced package ("Downgrade"), the change becomes effective only at the end of the respective billing period.
7.4.Trial Period. Customers can test the software for free for seven days once. The trial period ends automatically without further obligations for the customer after seven days. If the customer switches to a paid subscription after the trial period, the data recorded during the trial period is retained.
8.Rights and Obligations at and After Contract Termination
8.1.Provision of Data. After the end of the contract, TheraTap does not provide the customer-created and uploaded data separately for download. It is the customer's responsibility to back up their data in time before the end of the contract using the software's export functions.
8.2.Continued Data Backup. We back up our customers' data even after the end of the contract to ensure continued data security, in case the customer does not perform proper data backup in accordance with 8.1. before the end of the contract term. In this respect, a gratuitous custody agreement is created, which we can terminate with a notice period of 4 weeks. The customer will receive an electronic notification in advance. The customer can terminate the continued storage at any time by deleting the customer account including all still stored data. For this purpose, we provide a corresponding button in the customer account.
8.3.Deletion of Data. We store the customer's data after the end of the original usage agreement, as far as this is necessary for continued security in the sense of item 8.2. or legal requirements demand ongoing storage.
9.License. The customer receives simple, i.e., non-sublicensable and non-transferable, rights limited in time to the duration of the contract to use the software via access through a browser in accordance with the contractual regulations. The customer is only allowed to use the software personally within their own business activity. Any further use of the software by the customer is not permitted. In particular, it is not permitted for the customer to grant access to the software to third parties (e.g., employees) unless something else is agreed in individual cases (e.g., by booking the "Business" package).
10. Warranty.
10.1.Applicable Provisions. Regarding the provision of the use of the software and the provision of storage space, the warranty provisions of rental law (§§ 535ff. BGB) apply.
10.2.Notice of Defects. The customer must notify TheraTap of any defects immediately.
10.3.Exclusion of Warranty. The warranty for only minor reductions in the suitability of the performance is excluded. The liability without fault according to § 536a Abs. 1 BGB for defects that were already present at the time of contract conclusion is excluded.
11.Liability
11.1.Intention and Gross Negligence. The parties are liable without limitation for intent, gross negligence, and for culpable injury to life, body, or health.
11.2.Slight Negligence. Notwithstanding cases of unlimited liability, the parties are liable to each other for slight negligence only in the case of violation of essential contractual obligations, i.e., obligations whose fulfillment makes the proper execution of the contract possible in the first place or whose violation endangers the achievement of the contract's purpose and on whose observance the other party regularly relies, however, limited to the foreseeable, contract-typical damage at the time of contract conclusion.
11.3.Product Liability; Guarantees. The foregoing limitations of liability do not apply to liability under the Product Liability Act or in the context of guarantees explicitly undertaken by a party in writing.
11.4.Third Parties. The foregoing liability provisions also apply in favor of employees, representatives, and organs of the parties.
12. Data Protection. TheraTap takes the protection of your data very seriously. We process your data in accordance with the applicable data protection regulations. More information can be found in our privacy policy, available at: https://www.theratap.de/privacy
13.Final Provisions; Miscellaneous
13.1. Severability Clause. Should individual provisions of these terms and conditions be invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties will replace such provisions with valid and enforceable provisions that come as close as possible to the meaning and economic purpose as well as the will of the parties. The same applies in the event of a contractual gap.
13.2.Changes to the Terms and Conditions. TheraTap reserves the right to make changes to these terms and conditions for legitimate reasons, for example, to improve or expand the software, for security reasons, or for legal or regulatory reasons. Should changes affect the ongoing contractual relationship between you and TheraTap, TheraTap will inform you in advance in an appropriate manner and ask for your consent. This notification will contain information about the planned changes and your right to reject these changes as well as where to send the rejection and the consequences of not rejecting. The changes are considered accepted if you do not reject them within 30 days. If a change proves to be invalid, void, or for any reason unenforceable, this does not affect the validity and enforceability of the remaining changes or conditions.
13.3.Choice of Law. The law of the Federal Republic of Germany applies excluding the United Nations Convention on Contracts for the International Sale of Goods.
(As of: February 21, 2024)