Terms of Use

General Terms of Use for XRSF

§1 Scope and Subject Matter of the Contract
These General Terms of Use govern the provision of the software application XRSF (“XRSF”) by CLOUDWORX GmbH, Rupert-Mayer-Straße 44, 81379 Munich (“CLOUDWORX”) to business customers and non-profit organizations (“CUSTOMER”). Any terms and conditions deviating from or conflicting with these will only be recognized by CLOUDWORX if explicitly agreed to in writing.

XRSF enables the creation, sending, and receipt of electronic invoices in accordance with the XRechnung and ZUGFeRD standards directly within the Salesforce platform. Detailed documentation on features, installation, and use is available at www.xrsf.de.

By purchasing a subscription, the CUSTOMER receives the technical ability and right to access and use XRSF via telecommunications on the servers of Salesforce or its contractors in accordance with the provisions of this agreement.

Use of XRSF requires a valid Salesforce account and acceptance of Salesforce’s terms of use.

§2 Contract Formation / Trial Version
By installing XRSF via the Salesforce AppExchange, the CUSTOMER receives a free one-month trial version, provided no such trial was previously used. The contract may be terminated at any time during or after the trial period by simple notice via email to support@xrsf.de. No further trial is available if a 30-day trial has already been used before.

§3 Rights of Use
The CUSTOMER is granted a non-exclusive, non-transferable right to use XRSF via a browser during the contract term. The current range of functions is available at www.xrsf.de.

The CUSTOMER may not sublicense, reproduce, distribute, rent, or lend XRSF or parts thereof. Persons acting on behalf of the CUSTOMER are not considered third parties in this context.

§4 Warranty / Support / Updates
CLOUDWORX ensures the functionality of XRSF in accordance with the contract and legal provisions. The warranty applies to the current version unless the defect would have occurred even with available updates.

Errors must be reported via email to support@xrsf.de, including a description and a screenshot if possible. CLOUDWORX has the right to three attempts at rectification. If unsuccessful, the CUSTOMER may terminate the contract by deactivating XRSF in their Salesforce account.

Updates are provided regularly. The CUSTOMER is responsible for installing them. CLOUDWORX is not obliged to resolve issues arising from the absence of updates.

§5 Availability and Interruptions
The availability of XRSF depends on Salesforce services. Technical adjustments and maintenance may lead to temporary unavailability. CLOUDWORX is not liable for the CUSTOMER’s internet connection quality.

§6 Obligations of the CUSTOMER
The CUSTOMER must hold a valid Salesforce license. They are responsible for managing their data and backing it up before the contract ends.

Unauthorized access to data or tampering with CLOUDWORX services is prohibited.

§7 Fees / Payment Terms
The CUSTOMER agrees to pay the subscription price listed on the Salesforce AppExchange plus applicable VAT. Billing occurs monthly from the start of the contract. Payment is due by the third working day of each billing period.

Payment is made via SEPA direct debit. The CUSTOMER must ensure their payment and mandate information is always up to date.

§8 Liability
CLOUDWORX is liable only for damages caused by intent or gross negligence. In cases of slight negligence, liability is limited to breaches of essential contractual obligations and foreseeable damages. CLOUDWORX is not liable for data loss due to the CUSTOMER’s failure to back up data.

CLOUDWORX does not guarantee the correctness of all invoice data processed via XRSF. The CUSTOMER is responsible for verifying accuracy.

§9 Data Protection
Personal data is used exclusively for contract fulfillment. CLOUDWORX does not store or process CUSTOMER data beyond this purpose. No internal XRSF-specific database is maintained. CLOUDWORX is not a data processor under the GDPR.

§10 Indemnification
The CUSTOMER shall indemnify CLOUDWORX from any third-party claims resulting from unlawful or non-contractual use of XRSF by the CUSTOMER. This includes violations of data protection or copyright law. The CUSTOMER agrees to inform CLOUDWORX immediately of any potential violations.

§11 Offsetting and Retention
Offsetting is only permitted with undisputed or legally established claims. The CUSTOMER does not have a right of retention but may terminate the contract instead.

§12 Contract Duration and Termination
The contract is concluded for an indefinite period and may be terminated by either party with two weeks' notice to the end of a billing period.

Termination by the CUSTOMER requires deactivation of XRSF in their Salesforce account. Mere notification is not sufficient. CLOUDWORX must declare the termination in writing and deactivate XRSF accordingly.

The right to extraordinary termination remains unaffected.

§13 Assignment / Jurisdiction
CLOUDWORX may assign rights and obligations to affiliated companies. The CUSTOMER will be informed and may terminate the agreement within one month.

German law applies. Place of performance and jurisdiction is Munich.

§14 Data Processing Agreement (DPA)
By accepting these General Terms of Use, a Data Processing Agreement in accordance with Art. 28 GDPR is concluded with CLOUDWORX GmbH. The DPA can be accessed at: https://cloudworx.agency/avv