General Terms and Conditions

Provider:
sesl GbR
Dammer Weg 31, 63773 Goldbach
Germany
Email: support@calendarbutler.com
Website: www.calendarbutler.com

§ 1 Scope

1.1These General Terms and Conditions (hereinafter “Framework Terms”) apply to all contracts concluded between sesl GbR (hereinafter “Provider”) and users (hereinafter “User”) for the use of the Calendar Butler service.

1.2In addition to these Framework Terms, the product-specific terms for the subscription model booked (hereinafter “Supplementary Terms”) apply. They govern the specific subscription model, prices, terms and any trial periods. The Supplementary Terms in force at the time the contract is concluded are available at www.calendarbutler.com/terms/. In the event of a conflict between the Framework Terms and the Supplementary Terms, the Supplementary Terms prevail.

1.3The version of these Framework Terms and of the respective Supplementary Terms in force at the time the contract is concluded applies.

1.4Terms of the User that deviate from these terms are not recognized unless the Provider has expressly agreed to them in writing.

1.5Calendar Butler is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), that is, natural or legal persons who act in the exercise of their commercial or independent professional activity when concluding the contract. Use by consumers within the meaning of Section 13 BGB is not intended and is declined by the Provider. If a contract is nevertheless concluded in an individual case with a person who is to be regarded as a consumer within the meaning of Section 13 BGB, the statutory provisions apply.

§ 2 Description of services

2.1Calendar Butler is an email-based SaaS service that automatically sends anonymized block appointments to several calendar accounts registered by the User.

2.2Calendar Butler works exclusively by email and requires no API access to the User’s calendar systems. No synchronization of calendar content takes place.

2.3The service is compatible with email-based calendar systems. The Provider gives no guarantee of full compatibility with all calendar systems or email providers.

2.4The specific scope of functions results from the current service description at www.calendarbutler.com. The Provider reserves the right to adapt the scope of functions in the course of technical development. Material restrictions of the scope of functions will be announced to the User at least 4 weeks in advance. In this case the User has an extraordinary right of termination at the time the change takes effect.

§ 3 Registration and conclusion of contract

3.1Use of Calendar Butler requires registration on the website www.calendarbutler.com.

3.2The User is obliged to provide complete and correct information when registering and to update it without delay if it changes.

3.3The contract is concluded when the User has completed the registration process, selected a subscription and the payment has been successfully confirmed by Stripe. By completing the payment process, the User confirms that these Framework Terms and the respective valid product-specific Supplementary Terms apply.

3.4There is no entitlement to the conclusion of a usage contract. The Provider may reject a registration without giving reasons.

3.5Only one account is permitted per person. Access data must be kept confidential and must not be passed on to third parties.

§ 4 Prices and payment

4.1The specific prices, terms and any trial periods result exclusively from the respective valid Supplementary Terms, which are available at www.calendarbutler.com/terms/ and are displayed to the User in the checkout process when the contract is concluded.

4.2All prices are net prices plus the statutory value added tax applicable at the time of invoicing. For entrepreneurs based in another EU member state, the reverse-charge procedure under Section 13b of the German VAT Act (UStG) applies, provided the statutory requirements are met.

4.3The Provider reserves the right to change prices with a notice period of at least 4 weeks. In this case the User has an extraordinary right of termination.

4.4Payments are processed exclusively through the payment service provider Stripe. Stripe’s terms of use (www.stripe.com) also apply.

4.5Payments are due on maturity. In the event of late payment, the Provider is entitled to block access to the service until the outstanding amount has been paid.

4.6Chargebacks or payment defaults may lead to a block of the account. The Provider reserves the right to terminate the contractual relationship for good cause in the event of repeated payment defaults.

§ 5 Term and termination

5.1Minimum terms and notice periods result from the respective valid Supplementary Terms.

5.2The User terminates exclusively through the cancellation page at www.calendarbutler.com/cancel/, the account management at www.calendarbutler.com or by email to support@calendarbutler.com.

5.3The right of both parties to terminate for good cause remains unaffected. Good cause exists on the part of the Provider in particular if the User breaches these terms, has given false information when registering or fails to meet the payment obligation despite a reminder.

5.4After the contract ends, all of the User’s data, including calendar configurations, account data and processing logs, will be deleted within 30 days after the end of the contract, unless statutory retention obligations prevent this. Payment-related data is retained for 10 years in accordance with the tax retention periods (Section 147 of the German Fiscal Code, AO).

§ 6 Right of withdrawal

Calendar Butler is aimed exclusively at entrepreneurs within the meaning of Section 14 BGB. A statutory right of withdrawal under Sections 312 and 355 BGB therefore does not exist. If a contract is nevertheless concluded in an individual case with a person who is to be regarded as a consumer within the meaning of Section 13 BGB, the statutory provisions apply.

§ 7 Obligations of the User

7.1The User is obliged to use their account only for lawful purposes.

7.2The User ensures that the use of Calendar Butler does not infringe the rights of third parties, in particular no data protection provisions with regard to persons whose calendar invitations are processed.

7.3The User is prohibited from using the service in a way that is likely to place a disproportionate load on the Provider’s infrastructure or to impair operation for other users.

7.4The User is responsible for all activities that take place under their account. If unauthorized use is suspected, the Provider must be informed without delay at support@calendarbutler.com.

7.5The User is responsible for ensuring that the use of Calendar Butler is compatible with the policies of their employer or the respective clients. The Provider accepts no responsibility for any internal compliance violations on the part of the User.

§ 8 Data protection and data processing

8.1In the course of using Calendar Butler, the Provider processes incoming calendar invitations, which may contain personal data of third parties (for example names and email addresses of participants, subject, invitation text). The Provider acts as processor within the meaning of Art. 28 GDPR; the User is controller within the meaning of Art. 4 No. 7 GDPR.

8.2The Provider has designed the system according to the principle of “privacy by design”: incoming invitations are processed immediately upon receipt and reduced to the technically necessary minimum. Only the email addresses of linked calendars, the date and time of the appointment, recurring appointment information (RRULE) and an anonymized meeting ID are stored. All other data (subject, participant names, invitation text, attachments) is deleted immediately and irrevocably.

8.3The data processing agreement (DPA) under Art. 28 GDPR is part of these terms and is available as Annex A at www.calendarbutler.com/dpa/. By completing the registration and ordering process, the User confirms that they have taken note of the DPA and expressly agrees to its application. The DPA is thereby concluded.

8.4The Provider undertakes to process personal data exclusively on the User’s instructions, to take suitable technical and organizational measures to protect the data and to use sub-processors only with the User’s consent. Details are governed by the DPA.

8.5The processing of the User’s own personal data (account data, payment data) takes place in accordance with the Provider’s privacy policy, which is available at www.calendarbutler.com/privacy/.

8.6The User is themselves responsible for ensuring that the use of the service complies with the GDPR and other applicable data protection regulations, in particular with regard to the persons whose appointment data is processed through the service.

§ 9 Availability

9.1The Provider endeavors to ensure high availability of the service but gives no guarantee of uninterrupted availability. Scheduled maintenance work will be announced, where possible, at least 24 hours in advance by email or on the website.

9.2The Provider is entitled to temporarily restrict or interrupt the service for necessary maintenance and update work. There is no entitlement to a credit or refund for downtime unless it is due to intent or gross negligence on the part of the Provider.

§ 10 Liability

10.1The Provider is liable without limitation for damage resulting from injury to life, body or health and for damage caused intentionally or by gross negligence.

10.2In cases of simple negligence, the Provider is liable only for the breach of essential contractual obligations, that is, obligations whose fulfilment is a prerequisite for the proper performance of the contract in the first place and on whose observance the User may regularly rely. In this case liability is limited to the damage typical for this type of contract and foreseeable. In this case liability is also limited in amount to the sum of the fees paid by the User in the twelve months before the damaging event, but at least €5,000 per case of damage.

10.3Liability under the German Product Liability Act and under mandatory statutory provisions remains unaffected. Otherwise, liability for simple negligence is excluded.

10.4The Provider is not liable for failures or misdeliveries caused by external factors, in particular by spam filters of the User or their clients, changes to the ICS format by calendar providers such as Microsoft or Google, or infrastructure failures at third-party providers (for example SendGrid, Hetzner).

10.5The limitations of liability do not apply where the Provider has fraudulently concealed a defect or has given a guarantee as to the quality of the service.

§ 11 Intellectual property and rights of use

11.1All rights to the software, the system, the algorithms, the “Calendar Butler” trademark and all content of the website lie exclusively with the Provider or its licensors.

11.2Upon conclusion of the subscription, the User receives a simple, non-transferable right to use the service for their own professional purposes within the agreed use, limited in time to the term of the contract.

11.3The User is prohibited from copying, decompiling, disassembling, modifying or reverse engineering the service or parts of it, or from otherwise using it without authorization.

11.4The use of the service does not give rise to any ownership rights of the User in the software or the system.

§ 12 Changes to the Framework Terms

12.1The Provider reserves the right to change these Framework Terms with effect for the future.

12.2Changes will be notified to the User by email to the email address on file at least 4 weeks before they take effect. The notification contains an express reference to the right to object, the objection period, the special right of termination and the meaning of silence.

12.3If the User does not object to the amended Framework Terms within 2 weeks of receipt of the notification, the amended Framework Terms are deemed accepted.

12.4In the event of a timely objection, the Provider is entitled to terminate the contractual relationship at the time the new Framework Terms take effect.

§ 13 Final provisions

13.1The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

13.2The place of jurisdiction for all disputes arising from or in connection with this contract is Aschaffenburg, provided the User is a merchant, a legal entity under public law or a special fund under public law.

13.3The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr. The Provider is not obliged to take part in dispute resolution proceedings before a consumer arbitration board and does not do so.

13.4Should individual provisions of these Framework Terms be or become invalid in whole or in part, this does not affect the validity of the remaining provisions. The statutory provision applies in place of the invalid provision.

13.5There are no verbal side agreements. Amendments and additions to the contract require text form.