Terms of Service
§1 Validity and Terms
(1) These Terms of Service will be valid for all business relationships between the users and the mite GmbH for the provision of the mite services. The supplemental short descriptions of the individual provisions serve only for better comprehensibility and are not the binding object of these terms of service.
(2) Any deviating terms and conditions of the user will not be valid unless they have been expressly approved in writing or text form by the mite GmbH. By no later than when the account is created with mite, the user must acknowledge the validity of these Terms of Service.
(3) A consumer in the context of these Terms of Service is any natural person who concludes a legal transaction for a purpose that can neither be predominantly classified as part of their commercial nor independent professional activity. An entrepreneur is a natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is acting in accordance of its commercial or independent professional activity.
§2 Services of the mite GmbH
(1) Through the mite service, the mite GmbH is offering the possibility to track and analyze working time data.
(2) mite is a service which is made available via the Internet. The Internet access, which is needed in order to use mite, is not the object of the services of the mite GmbH.
(3) The mite GmbH reserves the right to extend and improve services at any time (hereinafter referred to as »Further Development«), provided that the Further Development is reasonable for the user and does not endanger the fulfilment of the contractual purpose. In the case of users who are consumers, this applies in the case of paid services,
- if the Further Development is for the user's benefit;
- if the Further Development is intended to bring the services into conformity with the applicable law, in particular if the applicable legal situation changes;
- if the Further Development serves the mite GmbH to comply with mandatory court or official decisions;
- as far as the respective Further Development is necessary to close existing security gaps;
- if the Further Development is of a purely technical or procedural nature and has no significant impact on the user. Changes with only an insignificant influence on previous functions do not constitute changes in performance in this sense. This applies in particular to Further Developments of a purely optical nature and the mere modification of the arrangement of functions.
No claim exists to the offering of additional functionalities for the services described in Paragraph 1.
§3 Free-of-charge trial and conclusion of the contractual agreement
(1) After you have successfully created an account, a usage relationship is considered to have been realised. The creation of the account is considered to have been successfully completed when the user confirms the creation of the account, e.g. by clicking on an activation link in an e-mail.
(2) The user may test mite for 30 days upon a free-of-charge basis. If the user does not enter his payment data under the »Account« tab during this trial, the user’s account will initially be set to a "read-only" mode. By no later than 14 days after the trial ends, the account will be deactivated and the usage relationship will be ended. By no later than 28 days after the trial ends, all data of the account will be deleted.
(3) If the user enters his payment data under the »Account« tab and clicks on the »Purchase« button, a contractual relationship triggering costs will be realised after the 30-day test phase ends. Using mite costs 5.00 € incl. VAT per user per month.
(4) The contractual relationship will run for an unspecified length of time.
(5) When creating an account, users will be informed of the mandatory fields and can modify their entries before submitting them.
(6) The mite GmbH will send the user a confirmation of the order with all order data to the e-mail address provided by the user. With the confirmation of order, users also receive a copy of the General Terms of Service together with the information concerning the exercise of the right of withdrawal. Data Processing Agreements are available for users to download or alternatively they can be sent by e-mail.
§4 Beta users (up to 06/05/2008)
(1) The obligation to pay the fee after the free-of-charge trial specified in Clause 3 is not valid for users who have created an account at mite by no later than 06/05/2008 who have made at least ten time entries and have logged in at least ten times by this point in time (»beta users«).
(2) Instead, the »pay as much as you wish« policy is valid. Beta users can support mite with voluntary payments – whether and how much the beta user supports mite is decided by the beta user alone. The user may choose to specify the fair amount under the »Account« tab.
§5 Information concerning the exercise of the right of withdrawal for consumers
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (mite GmbH, Oranienstraße 166, 10999 Berlin, Germany, e-mail: , +49 176 20772667) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To mite GmbH, Oranienstraße 166, 10999 Berlin, Germany, e-mail:
- I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
(1) The monthly fee for using mite is due at the end of each billing month. The monthly fee can be paid by SEPA direct debit or credit card. The pre-notification period of a SEPA direct debit is shortened to 1 day.
(2) The user must ensure that the bank or credit card account from which the amount is deducted has the required funds to cover the payment. If the payment is not made owing to circumstances for which the user is responsible, The mite GmbH may charge the additional costs incurred (e.g. costs of the charge back) to the user in the respective amount incurred.
(3) mite’s users will be provided with monthly invoices in PDF format.
(1) The user can terminate the contractual agreement for the use of mite at any time under the »Account« tab. The termination will become effective at the end of the current billing month. Insofar as the user cannot use this option, the termination may also be declared in writing or in text form to the mite GmbH.
(2) The user may at any time download back-up copies of his data in a standard format in his mite account. When the account is cancelled, the account will be deleted after 14 days.
(3) The mite GmbH has the right to terminate the contractual relationship with a user without being required to state reasons for so doing by providing three months’ notice with the termination to become effective at the end of the respective billing month.
(4) If the user is late with his payment of the monthly amount by more than eight weeks, the mite GmbH reserves the right to terminate the contractual relationship with the termination to become effective at the end of the current billing month. Claims of the mite GmbH, which have been created through the past usage of mite by the user, will remain unaffected.
(5) If mite is misused (see Clause 8 Para. 3) which results in substantial restrictions of the mite GmbH for third parties, the mite GmbH reserves the right to make extraordinary termination of the contractual relationship.
(6) Any extraordinary right of termination held by the user or the mite GmbH will remain unaffected.
§8 User’s obligations
(1) The user is obliged to truthfully provide information about his payment data (including the billing address) when the account is created or modified insofar as mite is supposed to be used beyond the free-of-charge trial.
(2) The user is obliged to protect his login credentials for his mite account so they are not disclosed to unauthorised third parties.
(3) The user is forbidden from misusing services of the mite GmbH, particularly the mite service. Misuse is considered to have occurred especially in the following cases:
- The publication or dissemination of illegal or defamatory content
- The use of technical tools or methods which restrict or may restrict the functionality of the provider’s services (software, scripts, bots, etc.)
(4) Users commit themselves to respect the relevant data protection regulations and to enter any contracts or agreements required by law (in particular Data Processing Agreements) and not to use mite for unlawful processing of personal data.
(5) The mite GmbH is entitled to promptly delete content created by the user which is illegal and/or abusive.
§9 API usage
(1) The mite GmbH optionally offers its users supplemental access to their data via a so-called API (Application Programming Interface).
(2) API access is disabled by default. The user may activate API access in his mite.account. If a third-party service provider should receive access to data from an account or user via the API, the user has to additionally enter access credentials within the respective service.
(3) The mite GmbH is not responsible for services or the use of services of third-party service providers who receive access to the data from the account or the user via the API.
§10 Usage rights
(1) The mite GmbH will grant each user a simple, non-exclusive right to use mite for the duration of the contractual agreement for his own purposes. This usage right is non-transferrable.
(2) mite is a web service which is rendered by accessing server or servers of the mite GmbH. Software is not being supplied to the user.
(3) Insofar as new versions, updates, upgrades or other changes are made to mite during the contractual term of the contractual agreement, the aforementioned provisions will be valid.
§11 Availability of the services
The mite GmbH ensures that the services specified in Clause 2 Para. 1 will be available 95% of the time on an annual average. Excluded from this guarantee are service defects for which the mite GmbH is not responsible.
In all other respects, the statutory warranty law shall apply.
§12 Liability limits
(1) If intentional wrongdoing or gross negligence has been committed, the mite GmbH will be liable for all damages in unlimited fashion that have been caused by the mite GmbH in conjunction with the rendering of the contractual services.
(2) If simple negligence has been committed, the mite GmbH will be liable in unlimited fashion if loss of life, physical injury or damage to health has occurred.
(3) For free-of-charge services, the mite GmbH will have no liability beyond the liability specified in Paragraphs 1 and 2.
(4) Otherwise, the mite GmbH will be liable in conjunction with the rendering of fee-based services only insofar as the mite GmbH has violated an essential contractual obligation. Essential contractual violations refer abstractly to such obligations whose fulfilment only then makes the proper implementation of the contractual agreement possible at all and upon whose fulfilment the user may regularly rely. In these cases, liability will be limited to providing damage compensation for foreseeable, typically occurring damages.
(5) Insofar as the liability of the mite GmbH is excluded or limited in accordance with the aforementioned provisions, this will also be valid for the service provider’s vicarious agents.
(6) Liability in accordance with the Produkthaftungsgesetz [German Product Liability Act] will remain unaffected.
§13 Data protection
(1) The mite GmbH will process only the personal data of users which are required for the provision of the services for mite.
(2) In order to process the payment transactions, personal data must be made available to third parties (payment service providers, banks and credit card companies). However, in this case, only those data will be made available which are absolutely required for the processing of the payment transactions. At no time will the user’s time tracking data be passed on to third parties.
(3) After the contractual relationship ends, the personal data will be deleted insofar as no legal retention obligations exist. In these cases, the data will be blocked. Data from accounts which have been used only within the trial phase will be deleted by no later than 28 days after the trial ends.
§14 Changes to these Terms of Service
The mite GmbH reserves the right to change the Terms of Service at any time with effect for the future, unless this is not reasonable for the user. The change is made in the case of users who are consumers only if there are the following factual reasons:
- if the amendment serves to bring the Terms of Service into conformity with the applicable law, in particular if the applicable legal situation changes;
- if the amendment serves the mite GmbH to comply with mandatory court or official decisions;
- if completely new services of the mite GmbH or service elements as well as technical or organizational processes of the mite GmbH require a description or regulation in the Terms of Service and the existing contractual relationship with the user is not impaired at the user's expense;
- if the change is merely beneficial to the users.
In the event of changes, the mite GmbH shall inform the users of the changed Terms of Service at least in text form, so that the users have six weeks to object to the change. In the event of an objection, users and the mite GmbH have the right to terminate the contract. Termination may not take place if it would unreasonably impair the contractual interests of the users. If the users do not object to the changed Terms of Service within this period, they shall be deemed accepted. Users will be particularly informed of these consequences in the notice of change.
§15 Final provisions
(1) If the user is an entrepreneur and not a consumer, the law of the Federal Republic of Germany shall apply and the place of performance shall be the registered office of the mite GmbH.
(2) If the user is a merchant, a juridical person under public law or a special foundation under public law, the commercial residence of the mite GmbH will be the exclusive legal venue for all disputes arising from the contractual relationship.
(3) The contractual lenguage is German and English.
(4) The European Commission provides a platform for online dispute resolution (OS) for consumers: https://ec.europa.eu/consumers/odr. The mite GmbH is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.