Terms of Purchase and Use for Vivodepot Pro

If you order in English, this English version is the contract text. It has the same content as the German version, which applies to orders in German.

Part A · For all purchases

§ 1 Scope

(1) These terms apply to contracts between Vivodepot GmbH (“Vivodepot”, “we”) and consumers or businesses for the purchase of Vivodepot Pro in the online shop. The purchase of the Vivodepot USB stick is not governed by these terms but by the Terms and Conditions at https://vivodepot.de/agb.html.

(2) Vivodepot Private is available free of charge and without registration. No purchase contract is concluded for it, and to that extent these terms do not apply.

(3) We do not recognise deviating terms of the buyer unless we expressly agree to their validity in writing.

§ 2 Provider and contact

The provider is Vivodepot GmbH, Körnerstraße 7–10, 10785 Berlin, telephone +49 30 200 092 242, email info@vivodepot.de. Please send complaints and questions to the same address. The legal notice is at https://vivodepot.de/impressum.html.

§ 3 Conclusion of contract

(1) The presentation in the shop is not a binding offer but an invitation to place an order. By placing an order, you make a binding offer.

(2) We accept it by sending you the order confirmation by email.

§ 4 Prices and payment

(1) All prices are final prices in euros and include statutory VAT. The prices shown in the shop on the day of your order apply:

• Vivodepot Pro: EUR 99.00, one-off payment.

There is no subscription.

(2) You pay using the payment methods offered in the shop. You can see which they are at the start of the ordering process.

§ 5 Right of withdrawal for consumers

As a consumer, you have a statutory right of withdrawal. The details are set out in Part E (instructions on withdrawal and model withdrawal form). We show you both before you order and send them with the order confirmation.

§ 6 Warranty and liability

(1) The statutory warranty rights apply.

(2) We are liable in accordance with the statutory provisions. Liability under the German Product Liability Act and under the provisions that replace or supplement it remains unaffected.

Numbers 7 to 9 (Part B) are not used in these terms; the USB stick is governed by the Terms and Conditions at https://vivodepot.de/agb.html.

Part C · For Vivodepot Pro

§ 10 What you buy

(1) Vivodepot Pro is an application that runs on your own device. It helps you record what your stand-in, your successor or a new person in your business needs. You do not need an account to use the application. Your data is stored encrypted on your device, in your browser’s storage or in your own file; Vivodepot does not read any of it.

(2) The purchase includes:

• a signed version of Vivodepot Pro with the templates named in the product description,
• one year of updates from the day of your order.

§ 11 Delivery of Pro

(1) We deliver digitally. After receipt of your payment, we send you your personal link in a separate email; your order confirmation refers to it. With the link, you open Pro in your browser at the address of Vivodepot Pro (pro-de.vivodepot.org, for the English version pro-en.vivodepot.org); there you can also save the opened version as a file. The link belongs to your order: it carries an identifier of your order and the end of your update year (§ 12(1)). Keep the email and do not pass the link on: anyone who has it can open Pro with it. In the browser, too, Pro runs on your device: what you enter in your depot is not transmitted to us. When you open the address, our server receives, like any web server, technical connection data (such as IP address and time) and an access cookie; details are in our privacy policy. If you store your depot in storage of your own, such as a Solid pod, it goes encrypted to that storage provider, not to us.

(2) You do not receive a data carrier for Pro; the USB stick is a separate product (https://vivodepot.de/agb.html).

§ 12 Updates

(1) One year of updates is included in the purchase price. This covers new versions of Vivodepot Pro and of the Vivodepot templates it contains. The year ends on the date stated in the email with your link, at the earliest on the day in the following calendar year that corresponds to the day of your order or, if that day does not exist, at the earliest on the last day of February. During this year, your link always opens the newest version. New versions may change functions where this is necessary for new or changed templates, a change in the law, security or adaptation to new browser versions; this causes you no additional costs. We inform you of every such change clearly and comprehensibly; if it restricts your access or usability more than insignificantly, we inform you by email within a reasonable period in advance, stating the features and the time of the change and your rights. You can continue to use, unchanged, every version you have saved as a file; paragraph 5 applies.

(2) We do not offer an extension of the updates.

(3) After the year, your file remains readable, and you can continue to use Pro, as a saved file and via your link; the link then opens the newest security update in each case (paragraph 4), at least until the end date that applies under paragraph 4 to the version you bought. If we no longer provide the link after that date and after the end of the year under paragraph 1, we will announce this by email at least three months in advance, with a reminder to save Pro and your depot as a file. You then do not receive new templates; versions that appear between two security updates reach you only with the next security update (paragraph 4). Your statutory claims to updates that are necessary to keep Pro in conformity with the contract (Section 327f(1) of the German Civil Code, BGB) remain unaffected; they do not end with the year under paragraph 1. We inform you by email of every new security update for as long as your link opens it, and in any case until the end date under paragraph 4 and until the end of the year under paragraph 1.

(4) You receive security updates free of charge, also after the year, for at least five years from the day on which the respective version is released. A security update builds on the most recently released version; with it you therefore also receive the functions of the application released up to that point, at no extra charge. Paragraph 1 sentences 5 and 6 apply accordingly to the changes this involves. The end date (month and year) for the version you buy is stated in the product description.

(5) Please install updates provided to you within a reasonable time. As a consumer, you cannot invoke against us a defect that is due solely to your not having installed an update. This applies only if we have informed you of its availability and of the consequences of not installing it, and if the failure to install it is not due to faulty installation instructions provided by us (Section 327f(2) BGB).

§ 13 Templates from other publishers

We do not currently offer templates from other publishers.

§ 14 Your data and your file

(1) Vivodepot does not receive the contents of your depot file and has no access to them. We therefore cannot reset a forgotten password or restore content that was only in your file. When you create a depot, the application offers a recovery code that only you generate and keep. Anyone who has neither the password nor the code can no longer open the file.

(2) Back up your file regularly, for example on a second data carrier. If you use Pro in the browser, save your depot as a file; if you delete your browser’s website data, the depot there is deleted.

(3) The data that arises when you order and when you open the address of Vivodepot Pro (name, address, email address, payment; the identifier of your order in your link; technical connection data and the access cookie) is governed by our privacy policy (https://vivodepot.de/datenschutz.html).

§ 15 What the signature means

The signature confirms that your version and each template come from the publisher named. It does not confirm that any content is correct, up to date or suitable for your case.

Part D · For everyone: notices, licence, disputes

§ 16 No legal, tax or medical advice

We are expressly a storage tool. This is expressly not advice. Vivodepot does not provide legal, tax or medical advice. The application helps you put things in order. It does not replace advice from a lawyer, tax adviser, notary or doctor. The Vivodepot software is not a medical device within the meaning of Regulation (EU) 2017/745 and does not provide medical diagnosis, treatment recommendations or clinical decision support.

§ 17 Licence

The Vivodepot software is licensed under the European Union Public Licence 1.2 (EUPL-1.2). The source code is publicly available at github.com/vivodepot/vivodepot; the file LICENSING.md states which parts are in the public repository. These terms do not restrict the rights under the EUPL. With Pro, what you buy is the version assembled and signed for you, the templates and the updates. Templates from other publishers carry the licence their publisher states. Official wording of third parties is not licensed by us. The name and logo “Vivodepot” are a trademark and not part of the licence.

§ 18 Dispute resolution, applicable law, place of jurisdiction

(1) We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

(2) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another country, the mandatory consumer protection provisions of that country remain unaffected.

(3) If you order as a merchant (Kaufmann) for your commercial business, or if you are a legal entity under public law or a special fund under public law, the place of jurisdiction is Berlin.

Part E · Withdrawal

§ 19 Withdrawal

(1) The instructions on withdrawal and the model withdrawal form for Pro (digital content) are set out below. The USB stick is governed by the Terms and Conditions (https://vivodepot.de/agb.html).

(2) Your right to withdraw from Pro continues for 14 days, even after you have opened Pro or saved it as a file. The period begins when the contract is concluded.

(3) A withdrawal from Pro refunds the purchase price. It does not delete your depot file; that stays with you. If you withdraw from the contract for Pro, or terminate it under the statutory provisions for digital products, for example because of a defect, we block your link. You may continue to use Pro in a version you have saved as a file even after that; you will then no longer receive updates, including security updates. Before the block, you receive an email; from its receipt you have 14 days to save as a file any depot stored in your browser’s storage. If you missed this, we will, at your request, release your link once more for 14 days so that you can save it. In the case of a price reduction, your link remains usable. Your rights under the licence in § 17 remain unaffected.

Instructions on withdrawal · Pro (digital content)

Model withdrawal form