Terms and conditions

This is a translation for convenience. Only the German version is legally binding.

Moellenbeck-Digital UG (haftungsbeschränkt)

Represented by its managing director Emma Möllenbeck

Luisenstraße 59

45892 Gelsenkirchen

Germany

Email: admin@moellenbeck-digital.io

These terms apply to all contracts between Moellenbeck-Digital UG (haftungsbeschränkt) (“we”) and its customers for the setup and operation of wave-mesh. Our offers are aimed exclusively at businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law.

Deviating terms of the customer apply only if we expressly agree to them in writing.

wave-mesh is software by Robin Lenz under the Elastic License 2.0. Anyone running wave-mesh themselves enters into no contract with us; only that licence applies.

Where we set up or operate wave-mesh for a customer, the rights in the software remain unaffected. The customer receives the rights of use under the Elastic License 2.0.

wave-mesh is in early development. We owe the functionality described in the offer; the presentation on this website, in particular the roadmap, is no guarantee of specific properties of the software.

The services shown on this website are not a binding offer. A contract is concluded when we answer an enquiry with an offer and the customer accepts it, or when we confirm an order in text form.

We install wave-mesh in the customer's cloud or server environment: control server, relay and database, the connection of agreed Kubernetes clusters and devices and, if desired, names and certificates under a domain of the customer. The exact scope follows from the offer.

The customer provides the necessary access to its environment and DNS management in good time and names a contact person. Delays caused by missing cooperation are not our responsibility.

The installation is complete when wave-mesh runs in the agreed scope and we have informed the customer of this. The customer checks the installation within 14 days; if no material defects are reported in that time, it is deemed accepted.

We remedy defects in our installation within a reasonable period by rectification. Claims for defects become time-barred twelve months after acceptance, except in cases of intent, gross negligence or injury to life, body or health.

When we operate wave-mesh, we provide the control server and relays; the customer connects its devices. We run the service with reasonable care. Maintenance, updates or faults may temporarily limit use; we owe a specific availability only if expressly agreed.

A user for pricing purposes is every person who is a member of a wave operated for the customer. The highest number of simultaneous members in the billing month counts.

The customer is responsible for the accuracy of its users' account data and for keeping credentials and keys secure. We may restrict access where necessary for security or abuse reasons and inform the customer without delay.

Where we process personal data on behalf of the customer, we conclude a data processing agreement pursuant to Art. 28 GDPR.

After an installation, the customer can agree a maintenance package. Scope, response times and fees follow from the respective offer.

The prices in the offer apply, otherwise those stated on this website. All prices are exclusive of statutory VAT.

The installation is invoiced on completion, operation by us monthly per user. Invoices are due within 14 days of receipt without deduction.

Operation by us and a maintenance package run for an indefinite period and, unless the offer states otherwise, can be terminated by either party with one month's notice to the end of a month. The right to terminate for cause remains unaffected. Termination requires text form.

We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the Product Liability Act.

For slightly negligent breach of an essential contractual obligation, i.e. one whose fulfilment makes the performance of the contract possible in the first place and on which the customer may rely, our liability is limited to the typical, foreseeable damage. Otherwise liability for slight negligence is excluded.

The customer is responsible for backing up data in its own environment.

For ongoing contracts we may change these terms with effect for the future if there is an objective reason. We announce changes at least four weeks in advance in text form. If the customer does not object before they take effect, they are deemed accepted; we point out this consequence in the announcement. If the customer objects, either party may terminate the contract as of the date the changes take effect.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Gelsenkirchen.

Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.