Terms and Conditions

§ 1 Scope, conclusion of contract

(1) These terms apply to all contracts between the Provider and its customers regarding the use of the fastmon service. "Customer" in the sense of these terms is exclusively an entrepreneur within the meaning of Section 14 BGB, legal persons under public law or public-law special assets. Use by consumers within the meaning of Section 13 BGB is excluded.

(2) Deviating or supplementary terms of the Customer do not become part of the contract unless the Provider expressly agrees to their validity in text form.

(3) The contract is concluded by registration of the Customer in the fastmon dashboard and acceptance of these terms and the Data Processing Agreement (DPA). The Customer is expressly notified of these terms and the DPA at the time of registration, can review both in full prior to acceptance and accepts them by actively confirming their applicability (checkbox). The requirements for effective incorporation pursuant to Section 305 (2) BGB are thereby fulfilled. Upon conclusion of the contract, the Privacy Policy and DPA (including the TOM referenced therein) in the version valid at the time of registration become integral and inseparable parts of the contract.

§ 2 Description of services

(1) The Provider makes the SaaS service fastmon available to the Customer for measuring the performance and availability of websites and web applications operated by the Customer (Real User Monitoring).

(2) The scope of services results from the tariff chosen by the Customer and the product documentation at docs.fastmon.eu. The Provider reserves the right to adjust the scope of services for the improvement of the service, provided this is reasonable for the Customer and does not affect essential contractual obligations.

(3) The Provider is entitled to use sub-processors and other service providers. The current list is available on request from privacy@fastmon.eu and is included in the applicable DPA.

§ 3 Customer obligations

(1) The Customer undertakes to treat the access data for its account confidentially and to protect it against access by third parties.

(2) The Customer warrants not to transmit personal or personally identifiable data of any kind to fields capable of being recorded by the Provider, in particular not in URL paths, query strings, UTM parameters, tag values and error contexts (cf. § 2 (4) DPA).

(3) The Customer ensures that it has the necessary legal basis for the processing of the data and has informed its end users accordingly.

(4) The Customer is responsible for the correct integration of the fastmon beacon and for the configuration of the Collection Mode (anonymous, consent, full).

§ 4 Remuneration, payment terms

(1) The remuneration is based on the price list valid at the time of conclusion of the contract or the individually agreed tariff.

(2) Unless otherwise agreed, billing is monthly or annually in advance. Invoices are due within 14 days of receipt without deduction.

(3) Payment processing is handled via Mollie B.V. (Netherlands). The Provider reserves the right to add further payment service providers.

(4) All prices are exclusive of statutory VAT.

§ 5 Availability, service levels

(1) The Provider aims at an annual availability of the service of 99.5 percent. Planned maintenance windows and force majeure are excluded.

(2) Status information is communicated via status.fastmon.eu.

(3) On Enterprise plans, extended service levels can be agreed individually.

§ 6 Term and termination

(1) The contract is concluded for an indefinite period and may be terminated by either party at the end of the respective billing period (monthly or annually) by ordinary notice.

(2) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in case of sustained breach of obligations under § 3 or default in payment.

(3) Terminations require text form (email to support@fastmon.eu is sufficient).

(4) After the end of the contract, customer data will be deleted in accordance with § 10 DPA.

§ 7 Data protection and processing on behalf

(1) The Provider processes personal data exclusively in accordance with the applicable data protection provisions, in particular the GDPR and BDSG.

(2) The Data Processing Agreement (DPA) pursuant to Art. 28 GDPR in the version valid at fastmon.eu/en/dpa is an integral and inseparable part of this main contract and is concluded simultaneously with the Customer's acceptance of these terms. The Customer confirms by registering that it has taken note of the DPA in the valid version, could reasonably take note of its content and agrees to its validity (Section 305 (2) BGB). In case of conflicts between these terms and the DPA, the DPA prevails with respect to data protection matters.

(3) For Enterprise constellations with bilateral signature, an extended DPA version is available (request to privacy@fastmon.eu).

§ 8 Warranty and liability

(1) The Provider is liable without limitation for intent and gross negligence and for damages from injury to life, body or health.

(2) For slight negligence, the Provider is liable only for breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the damage typically foreseeable in such contracts, but no more than the net fee paid by the Customer in the 12 months prior to the damage-causing event.

(3) Liability under the Product Liability Act and under Art. 82 GDPR remains unaffected. The liability cap does not apply to fines under Art. 83 GDPR, insofar as their cause falls within the Provider's area of responsibility.

(4) The Provider is not liable for personal data embedded by the Customer in recordable fields in breach of § 3 (2).

§ 9 Confidentiality

The parties undertake to treat as confidential all confidential information of the other party obtained in connection with the contract and not to pass it on to third parties. The obligation survives the termination of the contract.

§ 10 Amendments to the terms

(1) The Provider is entitled to amend these terms with 30 days' notice insofar as this is necessary for legal, regulatory or product-related reasons and no essential contractual obligations are changed to the detriment of the Customer.

(2) If the Customer does not object to the amendment within the notice period, the amended terms are deemed accepted. In case of objection, both parties have the right to extraordinary termination with effect to the date of the amendment.

§ 11 Final provisions

(1) German law applies, excluding the UN Sales Convention.

(2) Place of jurisdiction is Hannover, insofar as the Customer is a merchant, legal person under public law or public-law special asset.

(3) In case of conflicts between these terms and the DPA, the provisions of the DPA shall prevail with respect to data protection matters.

(4) Should individual provisions of these terms be invalid, the validity of the remaining provisions remains unaffected.