Terms and Conditions

Operators of the Platform

The software platform "Funanga" (hereinafter referred to as the "platform") is operated by Funanga Ltd, 36 Old Jewry, Becket House, London, EC2R 8DD, United Kingdom, and Funanga AG, Friedrichstrasse 95, 10117 Berlin, Germany (together hereinafter referred to as "Funanga"). Both companies are the user's contracting party under these terms and conditions. Declarations under this contract can be addressed to either of them. Through the platform, users can connect the systems they already run and operate AI-assisted and automated processes on top of them.

Scope

    • These general terms and conditions (hereinafter “GTC”) apply exclusively to the use of the platform. The use of the platform is only permitted to adult consumers and entrepreneurs (consumers and entrepreneurs hereinafter collectively “users”). Consumers are natural persons who conclude a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
    • General terms and conditions of users do not apply. Funanga reserves the right to offer additional services. In this case, Funanga will notify users of this separately and, if necessary, transmit additional general terms and conditions.
    • These terms and conditions are also provided on https://www.funanga.com/terms-and-conditions/ so that the user can read, download and save them locally.

Object of the contract

      • The subject of the contract is the provision of the platform by Funanga. Through the platform, the user connects the systems he already operates and runs AI-assisted and automated processes on top of them. The scope of functions follows from the product description. The user remains responsible for the data he processes on the platform and for the systems he connects to it. Funanga does not become a party to the contracts that the user concludes with third parties using the platform.
      • The platform is hosted by Funanga and is reached over the internet. Which browsers and interfaces the platform currently supports can be found in the product description. The source code is not part of the contract.
      • Funanga can update the platform during the term of the contract, which can change its functional scope. The exact system requirements and the full range of functions owed after such an update can be found in the product description.
      • The platform is available 24 hours a day and 365 days a year with the availability agreed in the individual contract (hereinafter “SLA”) (“system runtime”). If maintenance work is required and the platform is therefore not available, Funanga will inform users of this in good time if possible by email (or equivalent, e.g. on the Internet or in the app, etc.). Failures of the platform due to maintenance work are not counted towards the SLAs. Funanga is not responsible for internet / network-related downtimes and in particular not for downtimes in which the platform does not have any due to technical or other problems that are beyond Funanga’s sphere of influence (e.g. force majeure, etc.) Internet can be reached.

Rights and obligations of users

Access to the platform & Registration

        • The platform is reached over the internet. No installation on a device of the user is required.
        • The user registers through the corresponding function of the platform. The required data must be given truthfully and updated immediately in the event of changes in order to ensure smooth use. Following registration, Funanga will send the user a confirmation of the registration by email. Only after receipt of this email and confirmation of receipt of the email by clicking the corresponding link (double opt-in) is the registration process completed and a usage contract is concluded. There is no entitlement to the conclusion of a usage contract.
        • The user is responsible for keeping the registration data confidential. He will keep his user name and password for access secret, will not pass them on, will not tolerate or allow unauthorized parties or third parties to take note of them, and will take the necessary measures to ensure confidentiality and, if this information is misused or lost or Funanga suspected, E -Mail us at the email address support@funanga.com.

Use of the platform

The platform is provided against payment. Which services the user subscribes to, the fee for them and the billing period are agreed individually between the user and Funanga. Funanga quotes the fee on request. Fees are stated net of statutory value added tax.

Funanga Rights and Obligations

    • Funanga provides the platform in the scope set out in the product description and operates the infrastructure and the monitoring needed to run it.
    • Funanga informs users of planned maintenance work in good time where possible, in accordance with the provisions on system runtime above.
    • Where Funanga processes personal data on behalf of the user in the course of providing the platform, the parties conclude a separate data processing agreement in accordance with Article 28 GDPR.

Granting of rights

            • Funanga grants the user a non-exclusive (simple), non-transferable, non-sublicensable right limited to the country of the user’s usual place of residence, the platform including the documentation and user instructions contained in the platform for the duration of this contract to use for the purposes of this contract.
            • The user is only permitted to reproduce the platform to the extent necessary for the contractual use of the platform. The user may not make the platform accessible to third parties, rent it out or let it free for a limited period of time. All rights not expressly granted are reserved.

Liability

              • Funanga is liable as follows: Claims for damages by the user are excluded. This does not apply to claims for damages by the user arising from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Funanga, its legal representatives or vicarious agents . Cardinal obligations within the meaning of these General Terms and Conditions are those obligations that enable the proper execution of the contract and the achievement of its purpose, and which the user can therefore regularly rely upon. Funanga is only liable for the foreseeable damage typical for the contract if this is violated was caused simply negligent, unless it concerns users’ claims for damages from injury to life, limb or health.
              • Claims under the Product Liability Act remain unaffected.

Compensation

The fee is the one agreed in the individual contract. It is due in advance for each billing period and is invoiced to the user. Funanga can adjust the fee with effect from the next contract period and will notify the user in text form at least six weeks before the change takes effect. The user can terminate the contract to the end of the current contract period if he does not accept the new fee.

Term of the contract and termination

                • The contract runs for the period agreed in the individual contract. It extends by the same period unless one of the parties terminates it.
                • Either party can terminate the contract in text form with one month’s notice to the end of the current contract period. Email is sufficient.
                • The (immediate) termination for an important reason remains unaffected.
                • After the contract has ended, the user can export his data for the period agreed in the individual contract. Data that is not exported will be lost.

Right of Withdrawal

                  • Where the user is a consumer, the statutory right of withdrawal for contracts concluded at a distance applies. Funanga provides the statutory withdrawal instruction before the contract is concluded. These terms and conditions do not restrict that right.

Final provisions

                  • Funanga is entitled to change and adapt these terms and conditions during the term of the contract with future effect. Funanga will send the changed GTC to the user in text form before the planned entry into force and will particularly point out the new regulations and the date of entry into force. At the same time, Funanga will give the user a reasonable period of at least six weeks to declare whether he accepts the changed terms and conditions for further use of the services. If no explanation is given within this period, which begins to run in text form upon receipt of the message, the changed GTC shall be deemed to have been agreed. At the beginning of the period, Funanga will inform the user separately of this legal consequence, i.e. the right to object, the time limit for objection and the importance of silence. This change mechanism does not apply to changes in the main contractual obligations of the parties.