CONVIEN Easy Service Agreement

**This Services Agreement (the “Agreement”) shall govern the provision of services by CONVIEN GmbH, Balanstr. 71A, 81541 München, Germany (“CONVIEN”). By using the platform easy.convien.com you agree to be bound by the following terms and conditions (“Terms of Service”). **

1. General

1.1 CONVIEN offers you the cloud-based service “CONVIEN EASY” which allows you to calculate and compare travel arrangements and to use other services (e.g. web conferencing) (the “Services”).

1.2 CONVIEN reserves the right to update and change the Terms of Service at any time without notice.

1.3 The failure of CONVIEN to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

1.4 You agree that CONVIEN owns all legal rights in the Services. You must not remove, modify or obscure any legal notices. You are not entitled to use CONVIEN’s trademarks (especially CONVIEN), trade names, brands, domain names, or other distinctive brand features.

1.5 Violation of any of the terms below can result in the termination of your user-account or access to the Services. Violation of any of the terms will also terminate your usage rights of the Services.

1.6 If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of this agreement; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of this agreement.

1.7 These Terms of Service constitute the entire agreement between you and CONVIEN and replace all previous agreements under this title. There are no verbal subsidiary agreements.

1.8 These Terms of Service, and your relationship with CONVIEN under these Terms of Service, shall be governed by the laws of Germany. You and CONVIEN agree to submit to the exclusive jurisdiction of the courts located in Munich, Germany, to resolve any legal matter arising from the Terms of Service.

2. Provision of the services by CONVIEN

2.1 Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis.

2.2 CONVIEN does not warrant that (i) the Services will meet your requirements or expectations, (ii) the Services will be delivered uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) any errors in the Services will be corrected.

2.3 You understand and agree that CONVIEN shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or Services, or other intangible loss, resulting from: (i) the use or the inability to use the Services; (ii) any changes which CONVIEN may make to the Services, or any permanent or temporary cessation in the provision of the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Services; (v) or any other matter relating to the Services.

2.4 Technical support is provided on a best-effort basis and only by e-mail.

2.5 You understand that CONVIEN can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Services.

2.6 CONVIEN may stop, remove, modify, or add (permanently or temporarily) Services (or features within Services) at CONVIEN’s sole discretion. Any new, changed, or removed features are subject to the Terms of Service. Continued use of the Services after any such changes constitute your consent to the changes.

3. Use of the Services by you

3.1 You agree to use the Services only for purposes that are permitted by (i) the Terms of Service and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

3.2 For certain services, CONVIEN may offer or require you to register for a user-account. You ensure that all registration information you provide will always be valid, correct, and up to date. You are responsible for maintaining the security of your user-account and password. User-accounts registered by bots or other automated methods are not permitted.

3.3 For certain services, CONVIEN may offer to upload documents. You are responsible to not upload an abusive document, to not infringe on any copyrights or trademarks, and to not use content which other CONVIEN users may deem offensive.

3.4 You agree that you will not impersonate another person.

3.5 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

3.6 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by CONVIEN.

3.7 You agree that you are solely responsible for (and that CONVIEN has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which CONVIEN may suffer) of any such breach.

3.8 CONVIEN reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or user-account from any of the Services at CONVIEN’s sole discretion. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

4. Limitation of Warranty

4.1 No warranty is made regarding any results of usage of the Services. Any travel references made as a result of the use of the Services are for information purposes only. CONVIEN does not warrant that you make any savings when using the Services. Acknowledge, that the Services have the nature of an assisting system; functions of the Services may also be achieved by individual calculation.

4.2 The redirecting to Travel Agencies and/or GDS Provider is a redirecting service only.

4.3 No other express or implied warranty of merchantability, fitness for a particular purpose, satisfactory quality or otherwise is assumed. CONVIEN does especially not warrant that the Services can be integrated into your IT systems or used in combination with any other software, hardware or products, not supplied by CONVIEN.

4.4 The Services are delivered via technical infrastructure which requires access to the internet. CONVIEN is not responsible for any failure and outages of the Services due to technical problems which are not under CONVIEN’s control.

5. Compliance with Data Protection and Privacy Regulations / Indemnification

5.1 You warrant that you comply with all statutory provisions relating to data protection and privacy and that you have fulfilled all legal requirements to collect, procure and transfer data and information to CONVIEN. You especially warrant that you have fulfilled all legal requirements applicable to the collection, procurement and use of personal data, especially those personal data of your employees, including but not limited to data protection acts and laws referring to workers council’s co-determination rights.

5.2 You shall not transfer any data and/or information to CONVIEN for which the applicable legal data protection and privacy requirements have not been met. Upon request by CONVIEN, You will provide CONVIEN with evidence that you comply with all legal requirements.

5.3 In case you shall be obligated to enter into any additional agreements with CONVIEN under applicable data protection and/or privacy regulations (e.g. data processing agreements under Section 11 of the German Federal Data Protection Act), you will not transfer any data and/or information to CONVIEN unless the respective agreements have been duly concluded.

5.4 You shall indemnify and hold harmless CONVIEN and its officers, employees, agents and representatives and defend any action brought against the same with respect to any third-party claim, demand or cause of action, including reasonable attorney’s fees, to the extent that it is based upon a claim that CONVIEN’s collection, use or procession of information in connection with the provision Services to you is against any data protection or privacy provisions.

6. Intellectual Property Rights

6.1 The Services including all underlying software as well as revisions, copies, documentation and design data, are copyrights, trade secret and confidential information of CONVIEN or its licensors, which maintain exclusive title and retain all rights therein.

6.2 Under this Agreement no protective rights, including but not limited to patent, copyright, trademark and any other form of statutory protection in any part of the world and of any kind as well as all rights in and to ideas, trade secret, inventions, discoveries, know-how, data, databases, documentation, reports, materials, writings, designs, computer software, processes, process description, principles, methods, techniques and other information in whatever form, whether registered or not (the “Intellectual Property Rights”) shall be assigned, transferred or licensed, unless explicitly set forth otherwise.

6.3 You will immediately notify CONVIEN if you have information of the unauthorized use of any of the Services or any other infringement, misappropriation or unfair competition practices of third parties affecting Intellectual Property Rights of CONVIEN. At CONVIEN’s request and expense, you shall take steps reasonably necessary to assist CONVIEN in prosecuting, maintaining and protecting its Intellectual Property Rights.

CONVIEN Easy Service Agreement

CONVIEN GmbH

Postal Address