General Terms and Conditions

1 General provisions

1.1 Scope of application, contract language

1.1.1 These General Terms and Conditions of Business and License (hereinafter referred to as "GTC") in the version valid at the time of conclusion of the contract shall govern the contractual relationship between metru, M7 19, 68161 Mannheim, Germany, hereinafter referred to as "PROVIDER") and persons who order an application video from the PROVIDER and/or become members of the PROVIDER's Internet portal (hereinafter referred to as "CUSTOMER"). The PROVIDER and the CUSTOMER are jointly referred to as the "Parties".

1.1.2
The customer warrants that he/she is of legal age and has unlimited legal capacity.

1.2 Correction of input errors before sending the order
The customer can check the order of an application video or his registration data for a free membership on the portal on a separate page before the final submission. Input errors can then be corrected using a correction function.
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1.3 Storage of the contract text
The respective contract text is stored on the PROVIDER's internal systems. The order data and the GTC shall be sent to the Customer in text form by e-mail with the PROVIDER's order confirmation (declaration of acceptance) when ordering an application video and when registering on the PROVIDER's portal with the sending of the access data. Once the order for an application video has been completed, the text of the contract is no longer accessible to the customer via the Internet for security reasons.
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1.4 Information on warranty terms and guarantees

1.4.1
Information on warranty conditions can be found in the following "Special provisions for application videos" in section 2 of these GTC.

1.4.2
If the PROVIDER grants an additional voluntary guarantee, this shall not restrict the customer's statutory warranty rights. Rather, the guarantee applies in addition to the statutory warranty rights, whereby the content of the guarantee and all essential information required to assert claims against the PROVIDER can be found in the respective guarantee declaration.
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1.5 Data protection
It is one of the PROVIDER's quality standards to handle the personal data of customers (this data is hereinafter referred to as "personal data") responsibly. The personal data resulting from the customer's registration on the portal and the ordering of an application video will therefore only be collected, stored and processed by the PROVIDER insofar as this is necessary for the contractual provision of services and is permitted by law or ordered by the legislator. The PROVIDER will treat your personal data confidentially and in accordance with the applicable data protection regulations and will not pass it on to third parties.
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1.5.1
In addition, the PROVIDER will only use your personal data if you have expressly consented to this. You can revoke your consent at any time.
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1.5.2 AI in the metru Jobcode
metru's contractually agreed services include the provision of an AI analysis for the applicant. This allows the customer to carry out a language analysis of their audio files during the application process using Precire's AI technology in order to improve their chances in the application process.
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1.6 Applicable law
The contractual relationship between the parties and all disputes arising from or in connection with this contractual relationship shall be governed by the law of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
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1.7 Place of jurisdiction and summonable address
If the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany or moves his domicile or usual place of residence out of Germany after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship between the parties in all these cases shall be the registered office of the PROVIDER. ̇
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1.7.1
The summonable address of the PROVIDER is: metru, M7 19, 68161 Mannheim - Masoud Payinda.
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1.8 Severability clause
Should one or more provisions of these General Terms and Conditions of Business and License be or become invalid, this shall not affect the validity of the remaining provisions.
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2 Special provisions for application videos

2.1 Conclusion of contract

2.1.1
The information provided by the PROVIDER on the Internet pages for the creation of an application video is non-binding and does not constitute an offer by the PROVIDER to the customer.
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2.1.2
The Customer's order constitutes a binding offer by the Customer to the PROVIDER to conclude a contract for the application video requested by the Customer and the related additional services. As soon as the Customer places an order via the Internet or by e-mail, the Customer shall receive an e-mail from the PROVIDER confirming receipt of the order and listing its details (order confirmation). This order confirmation does not constitute acceptance of the customer's offer, but is only intended to inform the customer that his order has been received by the PROVIDER.
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2.1.3
The customer is bound to his order for 7 days from receipt of his order by the PROVIDER.

2.1.4
A contract between the PROVIDER and the customer for the creation of the desired application video and the other additionally booked services is only concluded when the PROVIDER accepts the order by sending an additional e-mail or by fax or by post to the customer with an order confirmation (declaration of acceptance) and confirms the date for the creation of the application video and the other additionally booked services to the customer. No contract is concluded for services that are not listed in the declaration of acceptance. If the customer does not receive a declaration of acceptance from the PROVIDER within 7 days of receipt of the order by the PROVIDER, no contract shall be concluded either.
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2.2 No statutory right of withdrawal
The customer has no right of withdrawal with regard to the order of the application video and the other additionally booked services. The application video is a product that is not prefabricated, but is clearly tailored to the personal needs of the customer. In this case, there is no right of withdrawal in accordance with the statutory provisions.
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2.3 Uploading the application portfolio
The application file is uploaded to the PROVIDER's Internet portal. With the express confirmation of the customer to upload the file, he declares his consent that the application videos filmed by the customer himself may be integrated into his application file after processing by the PROVIDER.
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2.4 Recording videos in the app
By using the app and the associated recording of application videos, the user agrees to the terms of use, rights and licenses. By uploading the application videos to the app, the user gives his/her consent for the application videos to be edited and integrated into his/her written PDF. The videos that are not uploaded to the app and can only be viewed as test recordings will not be saved or changed by the PROVIDER.
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2.5 Delivery of the application video
The application video shall be transmitted by posting the application video on the PROVIDER's Internet portal. The customer shall be informed of the posting of the application video in his member account and by e-mail.
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2.6 Rights of use to the application video (license)
2.6.1
The PROVIDER is the owner of the copyrights and other industrial property rights to the application video and reserves all rights to the application video, unless these are expressly granted to the customer in these GTC.

2.6.2
The PROVIDER grants the customer a non-exclusive, perpetual right to use the application video (hereinafter "license"). The License entitles the Customer to use the application video in any way, unless such use is prohibited below.
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2.6.3
The customer is prohibited from using the application video on internet portals of any kind, but in particular on social networks such as XING, Facebook and similar social and/or professional networks, and from making it publicly accessible. The internet portal of the PROVIDER is excluded from this regulation.
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2.6.4
The customer is prohibited from translating, editing or otherwise redesigning the application video in whole or in part without the written consent of the PROVIDER, unless there is free use within the meaning of § 24 UrhG.

2.6.5
The customer is expressly prohibited from removing copyright notices or references to trademark and/or company rights of the PROVIDER from the video.
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2.7 Warranty
2.7.1
‍The PROVIDER warrants for the duration of the statutory warranty period that the application video meets the current technical standard of a professional application video.
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2.7.2
The PROVIDER does not guarantee that an application video corresponds to the personal taste of the customer.
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2.7.3
In the event of a warranty claim, the PROVIDER shall rectify defects in the application video at its discretion by eliminating the error or creating a new video. The PROVIDER is entitled to two attempts at rectification. If the PROVIDER does not succeed in rectifying the defect within a reasonable period of time, the customer is entitled to reduce the remuneration ("reduction"). If the defect is significant, the Customer shall also have the right to withdraw from the contract instead of the reduction.
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2.7.4
If the customer is entitled to claim damages or compensation for futile expenses under warranty, the limitation of liability pursuant to Section II. § 6 of the "Special Terms and Conditions for Application Videos" below shall apply.
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2.8 Liability
2.8.1
The PROVIDER shall not be liable for damages, delays or impediments to performance that lie outside the area of responsibility of the PROVIDER.
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2.6.2
The PROVIDER grants the customer a non-exclusive, perpetual right to use the application video (hereinafter "license"). The License entitles the Customer to use the application video in any way, unless such use is prohibited below.
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2.6.3
The customer is prohibited from using the application video on internet portals of any kind, but in particular on social networks such as XING, Facebook and similar social and/or professional networks, and from making it publicly accessible. The internet portal of the PROVIDER is excluded from this regulation.
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2.6.4
The customer is prohibited from translating, editing or otherwise redesigning the application video in whole or in part without the written consent of the PROVIDER, unless there is free use within the meaning of § 24 UrhG.

2.6.5
The customer is prohibited from translating, editing or otherwise redesigning the application video in whole or in part without the written consent of the PROVIDER, unless there is free use in terms of § 24 UrhG.
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2.7 Warranty
2.7.1
‍The PROVIDER warrants for the duration of the statutory warranty period that the application video meets the current technical standard of a professional application video.
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2.7.2
The PROVIDER does not guarantee that an application video corresponds to the personal taste of the customer.
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2.7.3
In the event of a warranty claim, the PROVIDER shall rectify defects in the application video at its discretion by eliminating the error or creating a new video. The PROVIDER is entitled to two attempts at rectification. If the PROVIDER does not succeed in rectifying the defect within a reasonable period of time, the customer is entitled to reduce the remuneration ("reduction"). If the defect is significant, the Customer shall also have the right to withdraw from the contract instead of the reduction.
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2.7.4
If the customer is entitled to claim damages or compensation for futile expenses under warranty, the limitation of liability pursuant to Section II. § 6 of the "Special Terms and Conditions for Application Videos" below shall apply.
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2.8 Liability
2.8.1
The PROVIDER shall not be liable for damages, delays or impediments to performance that lie outside the area of responsibility of the PROVIDER.
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2.8.2
The PROVIDER shall not be liable for damage caused by unsuitable, inappropriate or improper use of its services.

2.8.3
The PROVIDER shall only be liable, irrespective of the legal grounds, for damages caused intentionally or through gross negligence, or insofar as damages culpably caused by the PROVIDER result from injury to life, body or health, or in the event of culpable breach of a material contractual obligation or cardinal obligation or in the event of non-fulfillment of a guarantee or if a defect was fraudulently concealed by the PROVIDER. A "cardinal obligation" within the meaning of this provision is an obligation of the PROVIDER, the fulfillment of which makes the proper execution of the contractual relationship between the parties possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which the customer regularly relies.
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2.8.4
In the event of a breach of an essential contractual obligation or cardinal obligation due to simple negligence, the liability of the PROVIDER shall be limited to the typically foreseeable damage.
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2.8.5
Any further liability of the PROVIDER is excluded. Liability under the Product Liability Act remains unaffected by these General Terms and Conditions of Business and License.
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2.9 Remuneration, Terms of Payment

2.9.1
The current prices stated in the catalogs, advertisements and/or Internet pages of the PROVIDER shall apply. All prices are quoted in euros and include statutory VAT and other price components. Unless otherwise stated, the prices refer to the respective products of the PROVIDER shown.
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2.9.2
Payment shall be made using the payment methods offered on the PROVIDER's website. All claims are due upon receipt of the invoice and payable without deduction.
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2.9.3
The customer shall be in default without further declaration by the PROVIDER if he has not paid within 30 days of the due date and receipt of the invoice.

3 Special regulations for free membership on the portal
3.1 Registration on the portal / conclusion of contract

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3.1.1
Membership of the PROVIDER's Internet portal is free of charge for the customer and independent of an application video.

3.1.2
The contract for free membership of the portal is concluded when the customer sends the registration (application) and the PROVIDER sends the access data (declaration of acceptance).
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3.1.3
The contact details and other information requested by the PROVIDER as part of the registration process must be provided completely and correctly by the customer.
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3.1.4
Upon receipt of the access data by the PROVIDER, the customer is entitled to use the services available on the PROVIDER's portal within the scope of these GTC.
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3.2 Responsibility for the login details

3.2.1
As part of the registration process, the customer will be asked to provide a user name and password. The customer can use this data to log into the PROVIDER's portal after activating their access.
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3.2.2
The access data, including the password, must be kept secret by the customer and must not be made accessible to unauthorized third parties.
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3.2.3
The customer must ensure that access to the PROVIDER's portal and the use of the services available on the portal is carried out exclusively by the customer or by persons authorized by the customer. If there is a fear that unauthorized third parties have obtained or will obtain knowledge of the access data, the PROVIDER must be informed immediately.
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3.3 Aktualisierung der Kundendaten
The customer must ensure that access to the PROVIDER's portal and the use of the services available on the portal is carried out exclusively by the customer or by persons authorized by the customer. If there is concern that unauthorized third parties have obtained or will obtain knowledge of the access data, the PROVIDER must be informed immediately.
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3.4 Termination of membership in the portal

3.4.1
Customers and PROVIDER may terminate access to the PROVIDER's portal at any time with a notice period of 3 months to the end of the month in the customer account or by e-mail/letter to the respective contractual partner without giving reasons.
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3.4.2
After expiry of the notice period, the contractual relationship for the use of the PROVIDER's portal shall end. The customer may then no longer use their access. The PROVIDER reserves the right to block the user name and password after the notice period has expired.
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3.4.3
The PROVIDER is entitled to irretrievably delete all customer data created in the course of participation after 30 calendar days following expiry of the notice period and after expiry of any statutory retention periods.
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3.5 Range of services and availability of services
3.5.1
The content and scope of the PROVIDER's portal are determined by the functionalities of the portal available at the time.

3.5.2
The PROVIDER shall endeavor to ensure that its free portal can be used as uninterruptedly as possible. However, temporary restrictions or interruptions may occur due to technical faults (e.g. interruption of the power supply, hardware and software errors, technical problems in the data lines) or maintenance of the portal.
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3.6 Posting your own content
3.6.1
If available as a functionality on the portal, customers can post content on the portal in accordance with the following provisions and thus make it accessible to third parties.
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3.6.2
By uploading content, customers grant the PROVIDER a free and transferable right of use to the respective content, in particular

- to store the content on the PROVIDER's server and to publish it in person, in particular to make it publicly accessible

- to edit and reproduce the content, insofar as this is necessary for the provision or publication of the respective content, and insofar as the customer wishes to remove the posted content from the portal, the right of use and exploitation granted to the PROVIDER above shall only expire after expiry of the notice period in Section III, § 4 of these GTC.
The PROVIDER remains entitled to retain copies made for backup and/or verification purposes even after expiry of the notice period.

3.6.3
The customer is fully responsible for the content posted by him, in particular for his personal data. The PROVIDER assumes no responsibility for checking the content for completeness, accuracy, legality, topicality, quality and suitability for a specific purpose. The customer therefore declares and guarantees to the PROVIDER that he is the sole owner of all rights to the content he has posted on the portal or is otherwise authorized (e.g. by effective permission from the rights holder) to post the content on the portal and to grant the rights of use and exploitation in accordance with paragraph (2) above.

3.6.4
The PROVIDER reserves the right to refuse to post content and/or to edit, block or remove content that has already been posted without prior notice if the posting of content by the customer or the posted content itself has led to a breach of these GTC or if there are concrete indications that a serious breach of these GTC will occur. In this case, however, the PROVIDER shall take into account the legitimate interests of the customer and choose the mildest means of defense against the violation of the GTC.
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3.7 Prohibited acts
3.7.1
The customer is prohibited from any actions on or in connection with the portal that violate applicable law or infringe the rights of third parties. In particular, the following actions are prohibited:- the posting, dissemination, offering and advertising of content and services that violate applicable law and/or are fraudulent;- the use of content that insults or defames third parties;- the use, provision and dissemination of content that is legally protected or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so.
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3.7.2
In addition, the following actions are prohibited: - the distribution of viruses, Trojans and other harmful files; - the sending of junk or spam mails and chain letters; - the harassment of other customers; - the request to other customers to disclose passwords or personal data; - any action that is likely to disrupt the smooth operation of the portal, in particular to place an excessive load on the PROVIDER's systems.
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3.7.3
Should the customer become aware of any unlawful, abusive, non-contractual or otherwise unauthorized use of the portal, the customer is requested to contact metru, M7 19, 68161 Mannheim, Germany. The PROVIDER will then investigate the matter and take appropriate action if necessary.
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3.8 Blocking of access by the PROVIDER
3.8.1
The PROVIDER may temporarily or permanently block access to the portal with immediate effect if there are concrete indications that a customer is violating or has violated these GTC and/or applicable law, or if the PROVIDER has another legitimate interest in blocking access. When deciding whether to block access, the PROVIDER shall give due consideration to the legitimate interests of the customer.

3.8.2
In the event of temporary or permanent blocking, the PROVIDER shall block the access authorization and inform the customer of this in his customer account and by e-mail.
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3.8.3
In the event of temporary blocking, the PROVIDER reactivates the access authorization after the blocking period has expired and informs the customer of this by e-mail. Permanently blocked access authorization cannot be restored. Permanently blocked customers are permanently excluded from participating in the portal and may not log in to the portal again.

3.9 Limitation of liability for free services
Should the customer suffer damage as a result of the free use of the portal, the PROVIDER shall only be liable to the extent that the damage was caused by the contractual use of the free content and/or services, and only in the event of intent (including fraudulent intent) and gross negligence on the part of the PROVIDER.
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3.10 Amendments to the Special Provisions for Free Membership of the Internet Portal
The PROVIDER reserves the right to amend these Special Terms and Conditions for free membership of the Internet portal at any time, including within existing contractual relationships. The PROVIDER shall notify the customer of such changes at least 30 calendar days before the planned entry into force of the changes. If the customer does not object within 30 days of receipt of the notification and continues to use the services after expiry of the objection period, the changes shall be deemed to have been agreed with effect from the expiry of the deadline. In the event of an objection, the contract shall be continued under the previous conditions. The PROVIDER shall inform the customer of the right of objection and its consequences in the notification of change.
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4. Additional regulations for the paid service metru Jobcode
Our terms of use for Jobcode for business customers become a legal component of the contract between you (customer) and the PROVIDER (metru) upon conclusion of the contract.
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4.1
These General Terms and Conditions (hereinafter: "GTC") apply together with the order for all legal relationships of the company metru, M7 19, 68161 Mannheim, Germany, represented by the Managing Director Masoud Payinda (hereinafter: "Provider") to the customers of the website https://metru.io and all subpages (hereinafter also: "Website").
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4.1.1 Subject matter of the contract
The subject matter of the contract is the content of the respective order confirmation from metru with the documents referred to therein, including the GTC in the version valid at the time the contract is concluded. As a video recruiting platform, the Job Code enables the customer's recruiters to screen candidates quickly and in a variety of ways via a time-delayed, video-based job interview. The interview is created via the metru website and can be shared as a QR or numerical code or link via all recruiting channels or embedded in a job advertisement, for example. The candidate starts the interview via the metru mobile or web app and answers the set questions. In addition, the provider makes the agreed application available on behalf of the customer and, against payment of the agreed fee, grants the customer the rights to use the portal or arranges this and provides storage space for the portal data to the agreed extent. Deviating provisions of the customer shall not apply unless the provider has expressly confirmed this in writing. Individual agreements shall always take precedence.
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4.1.2 Provision of the IT application and storage space for portal system data
From the start of the contract, the provider shall provide one or more servers on a central data processing system for the provision of the application to be delivered under the contract. The Provider is free to provide its own IT system or to commission other subcontractors to provide the server. All user names and passwords must be changed by the customer in good time to names and passwords known only to the customer and protected against unauthorized access by third parties. In the event of suspicion of unauthorized data leakage of access data, the customer is obliged to inform the provider immediately in order to change the access data without delay. The Provider shall, without being contractually obliged to do so, continuously develop the software used The Provider shall ensure from the start of the contract that the server has sufficient storage space for the contractual provision of the service. The Provider shall ensure at least daily data backups in order to enable the service to run smoothly. The customer is responsible for ensuring that they have the necessary hardware and software and the necessary Internet connection with the required bandwidth to use the service. Without this technical requirement, the customer cannot use the service.

4.1.3 Technical availability of the portal system
The Provider owes the availability of the portal system and the portal data at the transfer point as agreed below. The parties understand availability to mean the technical usability of the application and the application data at the transfer point for use by the customer. The Provider guarantees an availability of its Internet web servers of 96% on an annual average in normal operation. The Provider shall not be liable for the functionality of the telephone lines to the contract server, in the event of power failures and disruptions within the Internet, or in the event of server failures for which it is not responsible (force majeure, fault of third parties, etc.). Availability is also ensured in the event of disruptions culpably caused by the customer, in the event of only insignificant impairment of suitability for contractual use and in the event of necessary maintenance work. The Provider warrants that the portal system corresponds to the service description specified in the subject matter of the contract and serves the purposes intended by the Customer when used properly. However, the Provider and the Company's licensors cannot give a 100% assurance, warranty or guarantee that the portal system will always work reliably, is suitable for new purposes, all data/procedures comply with legal requirements and are complete. However, the provider will ensure through further development that any changes that occur are promptly incorporated through updates.
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4.1.4 Internet-related delays
The portal system may be subject to restrictions, delays and other problems associated with the use of the Internet and electronic communication media. The Provider shall not be liable for delays, interruptions in the provision of services or other damages resulting from such problems. In consultation with the customer, the provider may interrupt the provision of services for a certain period of time in order to carry out necessary maintenance work. The maintenance work shall not exceed a period of fifteen hours per quarter. The Customer may not unreasonably withhold its consent to the performance of the maintenance work.
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5. Rights of use to the portal system, rights of use to applicant information
5.1
The provider grants the customer the simple, non-exclusive and non-sublicensable right to use the portal system for the duration of the contract.
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5.2
The right to use the portal system is not transferable to third parties. It is not permitted to make the portal system accessible to third parties. This does not apply to auxiliary persons and vicarious agents of the customer.
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5.3 Violation by the customer of the provisions under 5.2
If the customer culpably breaches the provisions of 5.2, the provider may issue the customer with a written warning in this regard and, after setting a reasonable deadline for remedial action to no avail, block the customer's access to the portal system if the breach can be remedied in this way. The provider reserves the right to assert further rights.
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5.4 Rights of use to applicant information
The customer receives a simple right of use for internal company purposes for information that may be transmitted to the customer by the applicant. Disclosure to third parties or other publication is not permitted.
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6. Obligations of the customer to cooperate

6.1
The customer shall ensure that they have the appropriate technical system requirements necessary to use the portal system.

6.2
The customer shall ensure that the rights of third parties to the information/materials used by him are not infringed.

6.3
The customer undertakes to comply with the regulations on data protection.

6.4
The customer shall use a state-of-the-art virus protection program on his computer system and have it checked for viruses before transmitting data and information to the provider.
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7 Remuneration

7.1
The remuneration plus VAT to be paid by the customer is set out in the order.
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7.2
Unless otherwise agreed, the following shall apply to remuneration:

7.2.1
The fee for the use of the portal system will be invoiced at the end of the month following the start of the contract.

7.2.2
Additional services (e.g. for training courses) will be agreed separately if required.

7.3
The remuneration for the service rendered shall be paid by the customer upon receipt of the invoice without deduction, unless other terms of payment have been agreed. Checks, bills of exchange and other means of payment shall only be accepted on account of performance and shall not change the due date, whereby the costs shall be borne by the customer.
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8. Price adjustments

8.1
The Provider is entitled to adjust the respective price list to changing market conditions no more than once per calendar year, taking into account all economic costs.
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8.2
Prices are adjusted no more than once per calendar year.
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8.3
The provider shall inform the customer immediately of any forthcoming price adjustments. If the customer has not objected to the information about the price adjustment within 6 weeks, the adjusted prices shall become effective. If the customer raises an effective objection, the agreed price shall remain unchanged.
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8.4
In the event of an objection by the customer, the Provider shall then have an extraordinary right of termination vis-à-vis the customer within a period of 6 weeks from receipt of the customer's written objection.
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8.5
In the event of fee increases of more than 7% of the previously applicable price, the customer has an extraordinary right of termination with effect from the date of the price increase. This requires written notice of termination within 6 weeks of becoming aware of the price increase. The provider shall inform the customer of the extraordinary right of termination with each price increase.
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9. Payment modalities

9.1 Payment with Stripe
You can make payments via our cooperation partner Stripe. If you wish to pay via Stripe (https://stripe.com/de ), you must pay the entire annual fee for the Jobcode service in advance.
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9.2 Payment by invoice
If you pay by invoice, we will send you the invoice in good time. The invoiced payment amounts are due and payable within thirty (30) days of the invoice date. If you pay by invoice, you can pay the subscription fees on a monthly basis.
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9.3 Payment data
You are required to keep your contact, billing and credit card information up to date. Changes can be made on the billing page in your metru account. All invoiced fees are due and payable in advance for the entire term of the subscription.
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9.4
All fees are net prices plus statutory value added tax.
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10 Term, termination

10.1
The services shall be provided from the date agreed in the order. The contractual relationship begins with the conclusion of the contract and is concluded for an indefinite period.
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10.2 Special regulation subscription
The term of your initial subscription is specified in your order. Unless otherwise stated in your order, your subscription will be automatically extended by one year. If you do not wish to renew your subscription, you must notify us in writing, unless otherwise stated in your order.
If you do not wish to renew your subscription, please email us at AboCancellation@metru.com before your subscription expires.
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10.3
The contractual relationship can be terminated in writing by either party with 14 days' notice to the end of a calendar month. In this case, we will refund the unused subscription fees or refund the fees paid in advance if you do not use the subscription.
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10.4
Extraordinary termination due to or in connection with a breach of duty is only possible after prior written warning with a reasonable notice period of not less than 14 working days.
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10.5
If the customer is in arrears with payment or a not insignificant part of the remuneration for two consecutive months, the provider may terminate the contract without notice.
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11 Liability for defects/warranty

11.1
The legal basis for the provision of the services shall be exclusively the service features agreed in writing and the scope of services. The customer must inspect the services immediately upon receipt and report any defects to metru without delay. A notification email to info@metru.de is sufficient for this purpose. If the customer fails to do so, the services shall be deemed to have been provided free of defects.
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11.1.1
In the case of initial defects in the application, i.e. defects that were already present when the application was handed over to the customer, the provider shall only be liable if the provider is responsible for these defects.
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11.1.2
The Provider shall first attempt to rectify the defects within a reasonable period of time. If possible, the customer must report defects in such a way that the Provider can trace the defect. If the customer recognizes a defect, he must describe the defect and its appearance as precisely as possible in a written defect report, e.g. by sending a screenshot of the defect, so that the provider can check the defect and rule out an operating error. In the event of non-contractual error messages, the time limits for rectifying defects shall not begin to run.
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11.1.3
Claims for defects by the customer are excluded if the defect was caused by the customer. This applies in particular in the event of use of the portal in breach of duty (see Section 6 of the GTC) using unsuitable hardware and software, which impairs the functionality of the portal.
a) Termination of the contract in accordance with Section 543 (2) No. 1 BGB is only permissible if the Provider has been granted a reasonable period for subsequent performance and this has failed.
b) The customer is also entitled to terminate the contract in accordance with 1 BGB in the event of a serious and final refusal by the provider to rectify the defect and in the event of unreasonable delay.
c) A merely insignificant impairment of the contractual use does not entitle the customer to terminate the contract.
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12 General liability of the provider
The provider is liable to you in all cases of contractual and non-contractual liability for intent and gross negligence.
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12.1
The provider is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies), but only for the foreseeable damage typical for the contract. The provider is not liable for the slightly negligent breach of obligations other than those mentioned above. Liability for compensation for indirect damages, in particular for loss of profit, shall only exist in the event of intent or gross negligence on the part of the legal representatives, executives or other vicarious agents of the provider. In all other cases, liability is excluded - subject to the provision in Section 11.2.

12.2
The provider's liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
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12.3
Insofar as the liability of the provider is excluded or limited, this also applies to the personal liability of employees, workers, staff, representatives and vicarious agents.

13 Data security, data protection
The customer undertakes to comply with the data protection regulations and, if necessary, to conclude an agreement with the provider for order processing in accordance with Art. 28 GDPR.
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14 Geheimhaltung
The parties shall maintain secrecy about all mutually disclosed information to be treated confidentially and shall only use such information vis-à-vis third parties with the consent of the respective contractual partner. Information to be treated as confidential shall include all information expressly designated as confidential by the party providing the information. The confidentiality obligation shall continue to exist beyond the end of the contract for an indefinite period. The aforementioned confidentiality obligation shall not apply to information if and to the extent that
- this information was already in the possession of the other party lawfully and without a confidentiality obligation prior to its disclosure to the other party
- this information was published without its involvement or otherwise became generally known through no fault of its own;
- they were lawfully disclosed to it by one or more third parties after the conclusion of the Letter of Intent without any obligation of confidentiality, i.e. without the receiving party having breached this Agreement;
- they have been released in writing by the disclosing party to the other party;
- they have been made accessible to a third party by the disclosing party without corresponding obligations and restrictions.