Terms and conditions

As of 10 Sep 2026 · General terms and conditions for the use of the software-as-a-service solution “rapidFOX”.

§ 1 Scope and contracting parties

(1) These general terms and conditions apply to all contracts for the provision and use of the software-as-a-service application “rapidFOX” (the “Service” or “Software”) between Entracon Projektservice GmbH, Springorumallee 10, 44795 Bochum (the “Provider”) and the customer.

(2) The Service is aimed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), at legal entities under public law and at public-law special funds. Consumers within the meaning of § 13 BGB are not the target group of this offering.

(3) Deviating, conflicting or supplementary terms and conditions of the customer become part of the contract only if and to the extent that the Provider has expressly agreed to their validity in writing. This requirement of consent applies even if the Provider performs services without reservation while aware of the customer’s terms.

§ 2 Subject matter and description of services

(1) The Provider makes the Service available to the customer for use as a web-based application (“software as a service”) over the internet. rapidFOX is a help desk and ticketing system with functions including the management of support cases, email integration, internal collaboration (chat, calls), company records, a knowledge base, service level agreements and – optionally – an AI assistant.

(2) The scope of functions applicable at any given time follows from the service description on the Provider’s website at the time the contract is concluded. The Provider is entitled to develop, update and adapt the Service to the state of the art, provided the contractually owed scope of services is not materially restricted.

(3) The Provider owes the provision of the Software in its respective version; adaptation to the customer’s individual requirements is owed only where separately agreed.

§ 3 Conclusion of contract and registration

(1) The presentation of the Service on the website does not constitute a binding offer. By submitting the registration or order form, the customer makes a binding offer to conclude a usage contract. The contract is concluded when access is activated or confirmed by the Provider.

(2) The customer is obliged to provide truthful and complete information on registration and to keep it current. Only persons authorised to represent the customer, or expressly authorised persons, may register.

(3) The customer must keep the access credentials confidential and protect them against access by third parties. The Provider makes two-factor authentication available as additional protection.

§ 4 Trial period

(1) The Provider may offer a free trial period (as a rule 7 days). During the trial period the Service is available for testing purposes; it is provided “as is” without any availability commitment.

(2) If paid use is not booked before the trial period expires, access ends automatically without any need for termination. The trial period alone incurs no costs and no payment obligation.

§ 5 Provision, availability and maintenance

(1) The Provider makes the Service available with a high average annual availability. This excludes periods in which the Service is unreachable due to circumstances for which the Provider is not responsible (in particular force majeure and disruptions within the responsibility of third parties), as well as announced maintenance windows.

(2) Where possible, the Provider will schedule necessary maintenance, upkeep and update work during periods of low usage and – where significant impairment is foreseeable – announce it with reasonable advance notice.

(3) The point of handover for the Provider’s service is the router output of the data centre used by the Provider. The customer is responsible for the internet connection and for suitable devices and browsers on the customer’s side.

§ 6 Customer’s obligations and responsibility

(1) The customer is responsible for the content and data entered by the customer and its users. The customer warrants that the use of the Service and the content entered do not infringe applicable law or the rights of third parties.

(2) The customer will not misuse the Service, and in particular will not enter or send unlawful, offensive or malware-infected content, will not distribute bulk or spam messages via the Service, and will not impair the security or integrity of the Service.

(3) The customer indemnifies the Provider against all third-party claims based on unlawful use of the Service by the customer or its users, or on content entered by the customer, including reasonable costs of legal defence.

(4) The customer is obliged to use the credentials stored for the email integration lawfully and to ensure the necessary data protection basis for processing the content of its own end customers.

§ 7 Prices and payment terms

(1) Use is subject to a seat-based fee. Unless otherwise agreed, the price is 19.00 € net per user (seat) per month, plus the statutory value added tax applicable at the time. The price shown on the website at the time of booking is decisive.

(2) The total monthly price results from the number of booked seats multiplied by the seat price. Additionally booked seats are charged from the time of booking.

(3) Billing takes place in advance for the respective billing period. Payment is collected using the payment method selected by the customer (for example card, Apple Pay, Google Pay, “Link” or SEPA direct debit via Stripe or PayPal). The payment methods actually available during checkout may vary depending on the device, country and amount. The customer must ensure sufficient funds or a valid means of payment.

(4) If the customer is in default of payment, the Provider is entitled to block access to the Service after setting a reasonable grace period without success. Further statutory rights remain unaffected. Default interest is charged at the statutory rate.

(5) The Provider is entitled to adjust prices for future billing periods with at least six weeks’ notice, taking effect at the beginning of a new billing period. If the customer does not agree with a price increase, the customer may terminate the contract with effect from the date the increase takes effect.

§ 8 Term and termination

(1) Unless expressly agreed otherwise, the contract is concluded for an indefinite period with a monthly billing period. Either party may terminate the contract with effect from the end of the respective billing period. There is no minimum contract term.

(2) Termination may be given in text form (for example by email) or – where offered – via the cancellation function in the account.

(3) The right to extraordinary termination for good cause remains unaffected for both parties. Good cause exists for the Provider in particular where the customer, despite a warning, materially or repeatedly breaches essential contractual obligations (in particular § 6) or is in default with a not insignificant part of the fee.

(4) After the contract ends, the Provider makes it possible for the customer to export its data for a reasonable period. After that period, customer data is deleted in accordance with the provisions on processing on the customer’s behalf, unless statutory retention obligations apply.

§ 9 Data protection and processing on the customer’s behalf

Insofar as the Provider processes personal data on the customer’s behalf, this takes place on the basis of the data processing agreement (DPA) pursuant to Art. 28 GDPR, which forms part of the contractual relationship. In all other respects, the privacy policy applies.

§ 10 Rights of use

(1) For the duration of the contract, the Provider grants the customer the simple, non-exclusive, non-transferable right to use the Service as intended within the contractually agreed scope.

(2) The customer acquires no further rights in the Software. In particular, the customer may not reproduce, modify, reverse-engineer or make the Software available to third parties outside the contractually intended use, unless mandatory law permits this.

(3) The Provider acquires no rights in the content and data entered by the customer; it processes them exclusively to perform the contract and within the framework of processing on the customer’s behalf.

§ 11 Support

The Provider supports the customer with questions about using the Service within the scope of the support offered at the time (including by email and via the integrated help centre). An individually assured response time or service level exists only where separately agreed.

§ 12 Warranty / defects

(1) The Provider warrants that the Service can be used in accordance with the contract. There is no defect where the deviation from the owed condition is merely insignificant, nor where impairments result from use not in accordance with the contract or from circumstances outside the Provider’s responsibility.

(2) The customer will report identifiable defects without undue delay. The Provider will remedy defects within a reasonable period, for example by providing a corrected version or a workaround.

(3) Strict liability of the Provider for defects already present at the time the contract was concluded (§ 536a (1) alt. 1 BGB) is excluded.

§ 13 Liability

(1) The Provider is liable without limitation for damage arising from injury to life, body or health, for intent and gross negligence, within the scope of a guarantee assumed, and under the German Product Liability Act.

(2) In the case of slightly negligent breach of an essential contractual obligation (a cardinal obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely), liability is limited to the foreseeable damage typical for this type of contract.

(3) In all other respects, the Provider’s liability for damage caused by slight negligence is excluded.

(4) The Provider is liable for the loss of data only to the extent that such loss would also have occurred with proper and regular data backup by the customer. The customer remains jointly responsible for backing up its data insofar as this is reasonable and technically possible for the customer.

(5) The above limitations of liability also apply for the benefit of the Provider’s legal representatives and vicarious agents.

§ 14 Force majeure

Events of force majeure that make the owed performance substantially more difficult or impossible for the Provider (for example large-scale network or power failures, strikes, official measures, natural disasters) release the Provider from its obligation to perform for the duration of the disruption. No claims arise from non-performance caused in this way.

§ 15 Confidentiality

The parties undertake to treat all confidential information of the other party obtained in the course of the contractual relationship as confidential and to use it only for the purposes of performing the contract. Statutory disclosure obligations remain unaffected.

§ 16 Amendments to these terms

The Provider may amend these terms with effect for the future insofar as this is necessary to adapt to changed legal or technical circumstances and the customer is not unreasonably disadvantaged as a result. Amendments are communicated to the customer in text form with reasonable notice before they take effect. If the customer does not object within the period stated, or continues to use the Service after the amendments take effect, the amendments are deemed accepted. The Provider will draw separate attention to the significance of silence in the notification.

§ 17 Final provisions

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

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is – where the customer is a merchant, a legal entity under public law or a public-law special fund – the Provider’s registered office (Bochum). The Provider is additionally entitled to bring proceedings at the customer’s general place of jurisdiction.

(3) Should individual provisions of these terms be or become wholly or partly invalid, the validity of the remaining provisions is unaffected. Invalid provisions are replaced by the statutory rules.

(4) Amendments and additions to the contract require text form. This also applies to the waiver of this text form requirement.