360HR

Terms and Conditions

As of December 28th, 2023

Scope
Conclusion of contract between the customer and 360HR, test period
Services, change of versions
Availability and response time in the event of faults
Customer cooperation
Grant of rights
Prices, payment methods and terms of payment
Start of contract, minimum term and termination
Limitation of Liability
Privacy and Confidentiality
Subject to change
Right of withdrawal
Final provisions

14. 60-Day Money Back Guarantee

1. Scope

1.1 360HR or one of its affiliates doing business under the name (hereinafter: 360HR) offers web-based human resources management and recruiting software (hereinafter: Software) for small businesses on the “360HR” website (hereinafter: 360HR). and medium-sized companies, especially for managing personnel data.

1.2

The following general terms and conditions (hereinafter: General Terms and Conditions) apply to all user contracts (hereinafter referred to as “contracts”) that are concluded between 360HR and customers who are not consumers within the meaning of Section 13 of the German Civil Code (BGB) or other corresponding relevant legal provisions via the platform “ 360HR” to be closed.

1.3 Differing general terms and conditions of the customer do not apply to contracts unless 360HR expressly agrees to their application in writing.

2. Conclusion of contract between the customer and 360HR, test period

2.1 The offer provided on 360HR to use the web-based software designated and described there does not constitute a binding offer from 360HR.

2.2 The use of the 360HR software requires the creation of a customer account (hereinafter: account). To create the account, you must provide the required data and set a password. By confirming the creation of the account, the customer first makes a binding offer to conclude a contract for the use of the software, or, in individual cases, to use the software free of charge for test purposes. 360HR can accept this offer by setting up and granting access to the account or by sending a message to the specified email address with the access data for the created account.

2.3 By concluding a contract for free use, in accordance with Section 2.2, 360HR grants the customer the right to use the software exclusively for test purposes for 14 days from the granting of access to the software or notification of the access data by 360HR (test period). A test period will only be granted in exceptional cases. The test period can be extended upon request to 360HR. Whether the trial period is extended is entirely at the discretion of 360HR. After the test period has expired, the customer's account will be blocked. An automatic switch to a contract for the paid use of the software will only take place upon request.

2.4 After the test period in accordance with Section 2.3 has expired, the customer has the option of concluding a paid contract for the use of the software with 360HR. The customer can choose between the offered software versions

("Essentials", "Scale", "Enterprise")

with different scopes of functionalities (“add-ons”) – with or without a “recruiting option” – for a fixed, maximum number of employees.

2.5 To create an offer and conclude a contract with monthly billing, the contract is concluded in the account itself. To do this, the customer must select the appropriate version and confirm their selection. Then, in addition to the company name and billing address, credit card data must also be entered. By confirming and sending this information, the customer concludes a contract for the paid use of the software with monthly billing with 360HR.

2.6 To conclude a contract for the paid use of the software with annual billing, the 360HR sales team will prepare a corresponding offer in written or text form upon request, which will be confirmed by the customer in text form, written form or verbally, but at the latest by paying the invoice. Is accepted.

3. Services, change of versions

3.1 360HR provides the customer with access to the version of the software offered on 360HR and selected by the customer as Software-as-a-Service (hereinafter: SaaS) via the Internet for the term of a contract. The range of functions of the booked software version can be found in the description on the 360HR website under the heading “Prices” and “Functions”. Other services are not the subject of a contract for the (paid) use of the software. Such other services (e.g. the publication of job advertisements with other paid providers, (remote) support in the initial creation of an account) can be provided by 360HR on the basis of a separate offer.

3.2 In principle, the customer can switch between the versions of the software offered and the maximum number of employees that can be managed by a version at any time with effect from the time the customer access is changed by 360HR. The resulting remuneration is based on Sections 7.7 and 7.8 of these General Terms and Conditions.

3.3 Customers with a contract for paid use of the software with monthly billing can make this version change directly in their account. Customers with a paid contract to use the software with annual billing must contact 360HR customer support (support@360HR.io or +49 (0) 211 87 507 907) to change the version. If the customer switches to a version with a larger range of features or to a version with a larger number of employees to be managed during a current billing period, the customer can use the additional functions of the software or a larger number from the time the account is switched by 360HR manage employees. If the customer switches to a version with a lower range of features or with a smaller number of employees to be managed, the customer can only use the reduced functions of the software or a lower number of employees from the time the customer access is switched through 360HR.

4. Availability and response time in the event of disruptions

4.1 360HR guarantees 99% availability of the software provided as SaaS on an annual average. This does not apply to times when the server cannot be reached due to other technical problems that are beyond 360HR's control (in particular force majeure, fault of third parties). Also excluded are planned maintenance work (e.g. software updates) that are either outside the usual business hours from Monday to Friday (taking into account public holidays at the Düsseldorf location) between 9:00 a.m. and 6:00 p.m., or that have been announced in advance in accordance with Section 4.2 became.

4.2 360HR is entitled to interrupt the availability of the software for maintenance purposes and as a result of other technical requirements. As far as possible, maintenance work is carried out outside normal business hours from Monday to Friday (taking into account public holidays at the Düsseldorf location) between 9:00 a.m. and 6:00 p.m. If a maintenance measure results in an interruption in the use of the software of more than 30 minutes during normal business hours from Monday to Friday (taking into account public holidays at the Düsseldorf location) between 9:00 a.m. and 6:00 p.m., 360HR will carry out this maintenance work via email - Announce mail. The announcement is made at least 24 hours in advance. At the customer's request, the announced maintenance work can be postponed, provided that this is justifiable from 360HR's perspective for technical and economic reasons.

4.3 System availability disruptions must be reported by the customer immediately after they become known. 360HR will make every effort to respond to reports of system availability disruptions that lead to a total failure of the software and that occur within support hours (Monday to Thursday between 9:00 a.m. and 6:00 p.m. and Friday between 9:00 a.m. and 5:00 p.m., taking into account public holidays at the Düsseldorf location) to ensure a response time of four hours for the start of troubleshooting. In the case of minor errors that do not lead to a total failure of the software and occur during ongoing operation, 360HR will endeavor to respond no later than one working day after receipt of the error message.

4.4 In the case of fault reports that are received outside of support hours, the fault clearance begins on the following working day. Delays in troubleshooting for which the customer is responsible (e.g. due to unavailability of a contact person on the customer side or late reporting of the fault) will not be counted towards the troubleshooting time.

4.5 360HR endeavors to ensure the greatest possible availability of the 360HR website. 360HR assumes no responsibility for disruptions or unavailability that are due to reasons beyond 360HR's control (e.g. force majeure, external influences), or for intentional or grossly negligent actions by 360HR or its vicarious agents. 360HR reserves the right to temporarily restrict access to the 360HR website or its use in whole or in part if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out technical measures and this is necessary for the proper or improved provision of the SERVICES serves (e.g. for maintenance work).

5. Customer Cooperation

5.1 The following cooperation services are the customer's main performance obligations and cannot be classified solely as secondary duties or obligations.

5.2 The customer is obliged to check the functionalities and general properties of the software during the test period in accordance with sections 2.2 and 2.3 and to report any defects or other deviations from the quality requirements to 360HR before concluding a contract for the paid use of the software. The customer cannot rely on 360HR for defects or other deviations from the quality requirements that were already known or present during the test period but were not reported to 360HR before concluding a contract for the paid use of the software.

5.3 The customer is obliged to provide a qualified contact person and a representative who is authorized to make or immediately bring about all necessary decisions that are required to provide the contractually agreed service. The customer is obligated to report any changes to the contact person (including deputy) immediately.

5.4 The customer is solely responsible for the content processed by the customer with the software. The customer hereby undertakes to use the 360HR software only in accordance with the contract and within the scope of the applicable legal provisions and not to violate the rights of third parties when using it. The customer will inform 360HR immediately, if possible in writing, of: (i) the misuse or suspected misuse of the contractually agreed service; (ii) a risk or suspected risk to compliance with data protection or data security that arises in the course of providing the contractually agreed service; (iii) a threat or suspected threat to the service provided by 360HR, e.g. through loss of access data or hacker attack.

5.5 The customer is obliged to ensure the technical requirements on his side himself.

5.5.1 The connection to the Internet with sufficient bandwidth and latency is the responsibility of the customer.

5.5.2 In order to optimally use the offers and functions of 360HR, the customer will use the browser types Google Chrome or Mozilla Firefox in their current version. In addition, the use of cookies must be permitted in the settings of the browser used. If these technical requirements are not met by the customer, there may be restrictions on the usability of 360HR's services. 360HR is not responsible for these limitations.

5.5.3 The customer is responsible for taking IT security measures that correspond to the current state of the art within their own organization and for their employees. This includes, but is not limited to, the installation and regular updating of common antivirus software on the laptops, computers or other mobile devices of the customer's employees, ensuring the allocation and regular updating of secure passwords in accordance with the BSI IT Grundschutz or other equivalent, recognized security standards for the 360HR account as well as for the employees' laptops, computers or other mobile devices or use of appropriate mechanisms such as 2-factor authentication, automatic inactivity blocking, firewall, etc.

5.5.4 The customer is also obliged to ensure the confidentiality of the identification and authentication data assigned to its users, including, for example, the organizational and, if necessary, technical ban on passing on passwords and the ban on the use of so-called “shared accounts”. The ban on the use of “shared accounts” refers to the 360HR account.

5.5.5 In addition, the customer must ensure the security of the Internet connection used, which means in particular the use of company-owned instead of public Virtual Private Networks (VPN) and ensuring the use of VPN connections in public networks.

5.6 The customer is responsible for the technical setup and administration of the account. This applies regardless of whether 360HR supports the customer in setting up the account in whatever form. This includes in particular: (i) the technical setup of the account, in particular migration of data, configuration of processes and products; (ii) the technical connection of interfaces on the customer's side according to the specification for incoming and outgoing data; (iii) the administration of the account, in particular the creation of users and roles and assigning access to the account.

5.7 The customer is obliged to inform 360HR immediately in text form about any service disruptions (defects in services, lack of availability) and to provide comprehensible information about any service disruptions that occur. If service disruptions occur, the customer will provide 360HR with appropriate support in identifying and correcting errors. 360HR is entitled to temporarily show the customer ways to work around the error and to later eliminate the actual cause by making adjustments to the 360HR software, provided this is reasonable for the customer.

6. Granting of rights

6.1 360HR grants the customer a non-exclusive, simple, non-transferable right to use the booked software, which is limited to the term of the contract.

6.2 The customer undertakes to use the software exclusively in accordance with the contract and not to make it available to third parties for use. When booking the functionalities of the Enterprise version, the client's rights of use also extend to companies/affiliated companies/subsidiaries affiliated with the customer within the meaning of Section 271 of the German Commercial Code (HGB), Sections 15 ff. AktG or the applicable corporate law provisions.

7. Prices, payment methods and payment terms

7.1 The prices stated at the time of ordering apply, as shown on the 360HR website. The prices there are monthly net prices in euros and do not include VAT at the applicable statutory rate, if applicable. The amount of the monthly fee for using the software depends on the price range for the selected version of the software, which in turn depends on the desired scope of features (essentials, scale, enterprise) and the selected package size, i.e. the maximum number to be managed depends on the customer's employees and the additional add-ons booked and/or the booking of the recruiting option.

7.2 Selected customers are given the choice between monthly and annual billing. All payments are due in advance upon receipt of the invoice.

7.3 In the case of monthly billing, the billing period begins on the day a contract for paid use of the software is concluded via the account and ends after one month.

Payments for contracts for the paid use of the software with monthly billing are made monthly in advance by credit card. The credit card will be charged on the due date.

When paying by credit card, 360HR reserves the right to check the validity of the card, the credit limit for debiting and the address details. If there is an important reason, 360HR is entitled to reject the entered credit card as a means of payment.

For monthly billing, an invoice from 360HR will be made available to the customer in electronic form in their profile and sent by email.

7.4 In the case of annual billing, the billing period begins on the day the account is activated and ends after one year.

The invoice amount results from 12 times the monthly payment for the ordered software (Section 7.1), less the discount for annual advance payments noted on the 360HR website. 360HR initially activates customer access for one year in accordance with the service period agreed with the customer and stated on the invoice.

Payments for contracts for the paid use of the software with annual billing are usually made annually in advance by bank transfer.

In the case of annual billing, the customer will be sent an electronic invoice for 12 months by email. The payment target for the transfer is two weeks from the invoice date.

7.5

In addition, the customer has the option of paying by direct debit for monthly and annual billing. If a payment method by direct debit is chosen, we use the SEPA direct debit procedure. Before a direct debit is carried out using the SEPA direct debit scheme, 360HR will inform the customer in advance, usually two days in advance. However, the parties agree that the period for prior notification of the SEPA direct debit will be reduced to one day.

7.6 In the event of a return direct debit (in particular due to insufficient funds in the account, due to expiration of the account, unjustified objection by the account holder or incorrect entry of account details), the customer authorizes 360HR to submit the direct debit again for the payment obligation due in each case. In such a case, the customer is obliged to pay the costs incurred by the returned direct debit. Further claims are reserved.

7.7 If the price range of the version increases during monthly billing due to a change in the number of employees or the scope of features (essentials, scale, enterprise, add-ons, etc.) (section 3.2), 360HR will provide the difference between the advance payment already made and the changed price by the end of the billing month either immediately or with the following invoice for the next billing month. If the price range of the version is reduced due to a change in the number of employees or the scope of features (essentials, scale, lead, add-ons, etc.) during the billing period (section 3.2), the customer is not entitled to (pro-rata ) Refund of the advance payment already made.

7.8 Should the price range of the version change due to a change in the number of employees or the scope of features in the case of annual billing

("Essentials", "Scale", "enterprise")

increase during the billing period (Section 3.2), 360HR will additionally invoice the difference between the advance payment already made or the amount already invoiced and the amount based on the changed price until the end of the annual term (accurate daily billing). If the price range of the version is reduced due to a change in the number of employees or scope of features (essentials, scale, enterprise, add-ons, etc.) during the billing period (section 3.2), the customer is not entitled to (pro-rata ) reimbursement of the advance payment already made.

7.9 In the event of default by the customer, if no payment has been made even after a deadline set for the customer of one calendar week after the due date, 360HR is entitled to immediately block the customer's access to the software. 360HR will notify the customer of this blocking in advance, setting an additional deadline of one calendar week. In this case, the customer remains obliged to continue to pay the agreed remuneration plus any default interest. Any damage caused to the customer by the blocking for this reason cannot be asserted against 360HR. Furthermore, 360HR has no right to block access to the software. Furthermore, in the event of default, the legal provisions of Sections 286, 288 BGB or other relevant legal provisions apply.

8. Start of contract, minimum term and termination

8.1 As soon as the customer has received his access data, the contract term begins. a free 14-day test phase (see sections 2.2 and 2.3). After the contract period has expired, the term is automatically extended.

8.2 For contracts for paid use of the software with monthly billing, a minimum term of one month applies. After the minimum term has expired, the contract is extended by extension periods of one month each, unless the customer cancels before the start of an extension period.

8.3 For contracts for paid use of the software with annual billing, a minimum term of one year applies. After the minimum term has expired, the contract is extended by extension periods of one year each, unless the customer gives notice of three months before the start of an extension period. For the extension of the contracts for the paid use of the software with annual billing, 360HR will provide the customer with a new annual bill for transfer no later than two weeks before the start of the new extension period.

8.4 360HR has the right to terminate contracts for the paid use of the software with monthly billing with a notice period of two weeks and contracts for the paid use of the software with annual billing with a notice period of three months to the end of the respective billing period.

8.5 The right of both contractual partners to terminate for good cause remains unaffected.

8.6 The termination must be made in text form. When the termination takes effect, the customer's account will be blocked.

9. Limitation of Liability

9.1 Legal liability for paid service provision. In the case of paid service provision, 360HR is liable in accordance with the statutory provisions for damage resulting from injury to life, limb or health, as well as for other damage based on an intentional or grossly negligent breach of duty or fraudulent intent. In addition, 360HR is liable in contracts for the paid use of the software in accordance with the statutory provisions for damages that are covered by liability under mandatory statutory provisions, such as in the case of the assumption of guarantees, fraudulent concealment of a defect or under the Product Liability Act. Guarantees by 360HR are only given in writing and in case of doubt are only to be interpreted as such if they are referred to as a "guarantee".

9.2 Limitation of liability for paid services. In the event of slight negligence, 360HR is only liable for damage caused by 360HR and attributable to such material breaches of duty that jeopardize the achievement of the purpose of this contract, or to the breach of duties, the fulfillment of which requires the proper execution of the contract only made possible and on whose compliance the customer can rely (so-called cardinal breaches of duty). In these cases, 360HR's liability is limited to the damage that is typically foreseeable under the contract. Liability for the slightly negligent breach of obligations that are not cardinal obligations (see Section 9.2. Sentence 1) is excluded, unless 360HR is liable by law (see Section 9.1. Sentence 2).

9.3 Liability for free service provision. If the service is provided free of charge (e.g. within the test period), 360HR is only liable for damage caused by intent, gross negligence and fraudulent intent. This limitation of liability does not apply to damage resulting from injury to life, limb or health, for which 360HR is fully liable.

9.4 claims against third parties. The limitations of liability in Sections 9.1. until 9.3. also apply to claims against senior managers, employees, other vicarious agents or subcontractors of 360HR.

10. Privacy and Confidentiality

10.1 360HR collects and uses the customer's personal data only within the framework of the applicable legal regulations. The contractual partners conclude an agreement to the extent required by the applicable regulations.

10.2 Neither of the contracting parties is entitled to transmit confidential information of the other contracting party to third parties without express consent (at least in text form). This applies to both customers with contracts for free and paid use. All information, whether fixed in writing or transmitted verbally, which (i) is considered confidential or subject to secrecy due to the nature of the matter or (ii) which the contractual partner to whom the information is transmitted is classified as confidential or subject to secrecy due to the external circumstances of the transmission must recognize. Confidential information includes, in particular, product descriptions and specifications as well as prices. Both contractual partners undertake to use confidential information only for contractually agreed purposes. Both contractual partners take at least the same precautions that they also take with regard to their own confidential information. Such precautions must be at least adequate to prevent disclosure to unauthorized third parties. Both contractual partners are also obliged to prevent the unauthorized disclosure or use of confidential information by their customers, employees, subcontractors or legal representatives. The contractual partners will inform each other in writing if confidential information is misused. Excluded from the above obligation is information that (i) was already known to the other contractual partner before transmission and without an existing non-disclosure agreement, (ii) is transmitted by a third party who is not subject to a comparable confidentiality agreement, (iii) is otherwise publicly known, ( iv) was developed independently and without using the confidential information, (v) has been released in writing for publication or (vi) must be transmitted due to a court or official order, provided that the contractual partner affected by the transmission is informed in good time so that legal protection measures can still be taken to initiate. The obligation of confidentiality also applies beyond the duration of the contract up to twelve months after the effective termination date of the contract.

11. Subject to change

11.1 360HR has the right to change these General Terms and Conditions at any time or to add regulations for the use of any newly introduced additional services or functions of the software. The customer will be notified of the changes and additions to the General Terms and Conditions by e-mail to the e-mail address provided no later than four weeks before they are planned to come into effect. The customer's consent to the change in the General Terms and Conditions shall be deemed to have been granted if the customer does not object to the change in text form (e.g. letter, fax, e-mail) within a period of two weeks, starting on the day following the announcement of the change . 360HR undertakes to separately point out the possibility of an objection, the deadline for the objection, the text form requirement and the meaning or the consequences of not objecting in the change notification.

11.2 360HR reserves the right to change the software or offer different functionalities, unless changes and deviations are unreasonable for the customer. If the provision of a modified version of the software or a change in the functionalities of the software is accompanied by a significant change in the customer's workflows supported by the software and/or restrictions in the usability of previously generated data, 360HR will notify the customer of this no later than four weeks before it takes effect announce such a change in text form. If the customer does not object to the change in text form within a period of two weeks from receipt of the change notification, the change becomes part of the contract. Whenever changes are announced, 360HR will draw the customer's attention to the aforementioned deadline and the legal consequences of its expiry if the opportunity to object is not exercised.

11.3 360HR also reserves the right to change the software or to offer different functionalities (i) insofar as this is necessary to ensure that the services offered by 360HR comply with the law applicable to these services, in particular if the legal situation changes; (ii) to the extent that 360HR thereby complies with a court or administrative decision addressed to 360HR; (iii) to the extent necessary to eliminate security vulnerabilities in the Software; or (iv) to the extent that this is predominantly beneficial for the customer.

11.4 360HR is entitled to adjust the prices for the fee-based contractual services annually to compensate for personnel and other cost increases by a reasonable amount. 360HR will inform the customer of these price adjustments and the time at which the price adjustment takes effect in text form. The price adjustments do not apply to the periods for which the customer has already made payments. If the price increase is more than 5% of the previous price, the customer can object to this price increase with a period of two weeks from notification. A change in the price resulting from a change in the scope of features or the number of employees to be managed is not considered a price adjustment within the meaning of this clause 11.4.

11.5

If the customer objects to a change within the meaning of this Section 11 in a formal and timely manner, the contractual relationship will continue under the previous conditions. In this case, 360HR reserves the right to terminate the contractual relationship extraordinarily with one month's notice.

11.6 Changes to these general terms and conditions must be made in writing. This also applies to the condition of the text form itself.

12. Right of withdrawal

12.1 Our Right of withdrawal.

13. Final provisions

13.1 If individual provisions of the General Terms and Conditions have not become part of the contract or are ineffective in whole or in part, the rest of the contract remains effective. Insofar as the provisions have not become part of the contract or are ineffective, the content of the contract is based on the statutory provisions.

13.2 The contractual relationship existing between the contractual partners is subject exclusively to the law of the Federal Republic of Germany, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from and/or in connection with this contractual relationship between 360HR and the customer is, to the extent legally permissible, the registered office of 360HR.

13.3 To conclude the contract, the customer can use the languages in which these General Terms and Conditions are available on the 360HR website. For customers outside the DACH region – Germany, Austria, Switzerland – the English version valid at the time the contract is concluded is decisive for the conclusion of the contract. The German version valid at the time of conclusion of the contract is decisive for the conclusion of the contract for customers from the DACH region – Germany, Austria, Switzerland.