Status: February 2021
1.1. These are the General Terms and Conditions (hereinafter "GTC") of Saiga GmbH, registered with the local court of Charlottenburg (Berlin) under HRB 219097 B, Kyffhäuserstraße 10, 10781 Berlin (hereinafter "Saiga"). The GTC regulate the business relationship between Saiga and registered users (hereinafter "participants").
1.2. Deviating, conflicting or supplementary offers or General Terms and Conditions only become part of the agreement if Saiga has expressly agreed to their validity in text form.
2. Subject Matter of the Agreement
2.1. Saiga offers a virtual, personal assistant that supports the participant in taking care of private and business matters ("Concierge Service"). This service is partly automated and partly done individually-manually. Participants can upload business letters, forms and other files and grant Saiga access to the respective file for the purpose of assistance. The Concierge Service is an internet application. Participants do not download the software, but only use it online as part of the Concierge Service (so-called software as a service model).
2.2. Saiga only provides the information technology functions of the Concierge Service. It is not part of Saiga’s service to provide the internet access required for the use of the Concierge Service.
2.3. Saiga endeavours to enable the maximum accessibility of the Concierge Service within its sphere of influence but does not guarantee any particular accessibility. The accessibility of the Concierge Service may be limited or impossible, in particular during maintenance and repair works.
2.4. Saiga reserves the right to further develop the Concierge Service and to make changes to the services (e.g. through the use of newer or different technologies, systems, procedures or standards as well as manual involvement to a small extent in individual cases). Saiga will inform the participant at least one month before the date of the change about essential service changes and the time of their implementation (hereinafter "change date"). If the participant suffers substantial disadvantages as a result of the further development or change in performance, they are entitled to terminate the user agreement extraordinarily on the date of the change. The termination can only be declared to Saiga in text form within two weeks after receipt of the change notification by the participant.
3. General Requirements for Using the Concierge Service
3.1. An Internet-capable terminal device and an active Internet connection are required to use the Concierge Service. Access to the software and the use of its offered services are possible via Internet browser or app. The app is available in the Apple App Store or in the Google Play Store, whose terms and conditions remain unaffected.
3.2. Users can only use the services offered if they register for them and enter into a user agreement including a data processing agreement with Saiga (see section 5.2).
4. Special Condition for Using Additional Services
4.1. In order to be able to use individual additional services of the Concierge Service, the participant may have to enter into one or more agreements with third parties.
4.2. The additional services to which the condition set out in section 4.1 applies are set out in the applicable "Price List with Index of Additional Services", available at https://www.saiga.co/.
5. Registration, Agreement Conclusion, User Account
5.1. The participant registers for the app by using the form provided in the app. There is no entitlement to registration or conclusion of a user agreement.
5.2. The participant must choose a personal password with which they can log into their user account after successful registration (access password and the participant's e-mail address given during registration hereinafter, collectively "access data"). The participant must then consent to the collection and processing of their personal data By clicking the button "[send]" in the registration form, the participant submits a binding offer to Saiga to enter into a user agreement including a data processing agreement in accordance with these GTC. After sending the registration form, the participant receives a confirmation of receipt from Saiga. This email does not constitute a declaration of acceptance on the part of Saiga. Only with the activation of the user account by Saiga will a user agreement and a data processing agreement with Saiga come into existence.
5.3. Insofar as the participant provides Saiga with personal data of third parties, the participant is the controller within the meaning of art. 4 para. 7 GDPR and Saiga is the processor within the meaning of art. 4 para. 8 GDPR. The data processing agreement, the conclusion of which is a condition for the use of the Concierge Service according to section 5.2, is intended to specify the rights and obligations of the parties with regard to the processing of personal data. The terms and conditions of the data processing agreement concluded pursuant to section 5.2 can be viewed on the website www.saiga.co/en/data-privacy.
5.4. The participant must provide truthful information during registration and ensure that the data stored in the user account is always up to date. In the event of changes or inaccuracies in the stored data, the participant must update or correct this data immediately and without being asked to do so. If it is not possible to update or correct the information in the user account, the participant must send the updated or corrected information immediately and without being requested to do so by email to firstname.lastname@example.org.
5.5. User accounts are individualised and may only be used by the participant. Passing on the access data and otherwise allowing or enabling third parties to use the user account is prohibited. The participant is obliged to keep the access data secret, to store it securely and to protect it from unauthorised access by third parties. The participant is obliged to inform Saiga immediately in case of suspicion of misuse. As soon as Saiga becomes aware of unauthorised use, Saiga will block the access of the participant concerned. Saiga also reserves the right to change the access data of a participant for security reasons; in such a case Saiga will also inform the participant immediately.
6. Obligations of the Participant
6.1. The participant is solely responsible for the content they make available to Saiga. They may not provide any content that violates legal regulations or official instructions.
6.2. The participant indemnifies Saiga against all claims asserted by third parties against Saiga due to the infringement of their rights or due to legal violations based on the content provided by the participant or the services requested by the participant. In this respect, the participant also bears the necessary costs of Saiga's legal defence, including court and lawyer's fees. The indemnity obligation does not apply if the participant is not responsible for the infringement.
6.3. The Participant shall refrain from doing anything that may jeopardise or interfere with the operation or function of the Concierge Service and the software. They shall in particular refrain from:
(a) using automated software mechanisms (such as robots, crawlers, spiders, scrapers) in connection with the Concierge Service;
(b) using messaging and communication functions of the software for purposes other than those for which it is intended; in particular, they will not use it to send advertising emails, so-called viruses, so-called worms or so-called trojans;
(c) providing false, incomplete or misleading information or having fraudulent intentions;
(d) using any technical or conceptual errors in the software to circumvent access barriers, legal prohibitions and/or to harm third parties
(e) taking any other action likely to interfere with the smooth operation of the software and the Concierge Service.
6.4. The participant undertakes to compensate Saiga for all damages resulting from the culpable non-compliance with the aforementioned obligations.
7. Blocking and Deleting User Accounts
7.1. Saiga is entitled at its reasonable discretion to block a participant's user account temporarily or permanently,
(a) if the participant provides incorrect information during registration and does not correct this immediately despite being requested to do so by Saiga;
(b) in the event of misuse, unauthorised or fraudulent use of the user account or if there is reason to fear such use on the basis of concrete indications;
(c) if the participant uses the Concierge Service to prepare or carry out criminal acts;
(d) if the participant breaches any of the obligations under these GTC and fails to remedy the situation within a reasonable period of time despite a warning;
(e) if the participant has allowed or otherwise enabled an unauthorised third party to use the user account or the access data; or
(f) if there are other circumstances which would entitle Saiga to terminate the agreement for good cause.
7.2. When deciding on measures according to section 7.1, Saiga will give due consideration to the legitimate interests of the participant concerned.
8. Intellectual Property Rights, Granting Rights of Use and Rights to Adapt
8.1. The homepage layout, the graphics and images used, the collection of contents as well as individual contents including the system presentation texts of Saiga (hereinafter, collectively "protected content") may be subject to intellectual property rights and/or copyrights and other rights of Saiga or the respective author/producer or other legal owner. Unless expressly agreed otherwise in text form or regulated by law, the participant is not permitted to reproduce or use this protected content in other electronic or printed publications.
8.2. As far as the participant provides Saiga with their own content for the purpose of processing, the property rights, industrial property rights and copyrights thereto remain with the participant. The participant hereby grants Saiga a free, temporally unrestricted, world wide, non-exclusive right of use with regard to all content made available by them. The transfer of rights includes in particular the right to duplication, storage and processing. The rights granted to Saiga by the participant within the framework of this licence are limited to the purpose of providing the services associated with the Concierge Service, in particular to support the participant in completing their private or business matter.
8.3. Furthermore, Saiga is entitled to collect, analyse and link information and data on the use of the Concierge Service, the posted content and its use in aggregated and anonymised form with other data and to use it for the creation of statistics, studies and presentations, for the purpose of improving Saiga's services and for marketing purposes as well as to exploit it commercially. This also applies beyond the end of the agreement. The information is used exclusively anonymously or aggregated, without its origin being attributable to individual participants. The participant has no rights to the aggregated data and results. The processing of personal data is governed by the data processing agreement pursuant to section 5.2, the data protection declaration [Note V14: please link] and, in addition, the legal provisions on data protection.
9. Data Security, Data Protection
9.1. Saiga's servers are secured according to the state of the art, in particular by firewalls. However, the participant is aware of the general danger that transmitted data can be read in the transmission path. This applies not only to the exchange of information via email leaving the system, but also to all other transmissions of data. The confidentiality of the data transmitted within the scope of using the Concierge Service can therefore not be guaranteed.
9.2. The participant is solely responsible for backing up the information (tables, documents, correspondence, etc.) they receive or become aware of in the course of using the Concierge Service. They shall regularly back up this information/these documents on their own data carrier/server.
10. User Fee
The fees charged for using the Concierge Service are based on the currently valid "Price List with Index of Additional Services", available at https://www.saiga.co/. Saiga will inform the participant of any changes to the prices at least four weeks in advance in text form (e.g. via the message and communication functions of the Concierge Service, by email or SMS).
11. Warranty, Liability
11.1. Saiga is liable without limitation for intent and gross negligence on the part of Saiga, its vicarious agents (“Erfüllungsgehilfe”) and legal representatives (“gesetzliche Vertreter”), for slight negligence (“leichte Fahrlässigkeit”) only in the event of breach of essential obligations of the agreement (“vertragswesentliche Pflichten”). Essential obligations of the agreement are those obligations whose fulfilment makes the proper execution of the user agreement possible in the first place and on whose compliance the participant may regularly rely. Liability in the event of a breach of such an essential obligation of the agreement is limited in the case of slight negligence to the damage typical for such kind of agreement, the occurrence of which Saiga had to expect at the time of conclusion of the agreement on the basis of the circumstances known at that time.
11.2. Saiga is only liable for the loss of data in accordance with the paragraph above if such loss could not have been avoided by reasonable data backup measures on the part of the participant concerned.
11.3. The above limitations of liability shall not apply in the event of the assumption of explicit guarantees, in the event of claims due to the lack of warranted characteristics (“zugesicherte Eigenschaften”) and for damages arising from injury to life, body or health. Liability under the Product Liability Act shall also remain unaffected.
12. Term and Termination of the Agreement, Consequences of Termination
12.1. The term of this user agreement starts with the activation of the user account by Saiga (see section 5.2) and is concluded for an indefinite period.
12.2. The user agreement may be terminated by either party at any time with four weeks' notice to the end of the month.
12.3. If the user withdraws their consent to the collection and processing of their personal data, the user agreement between Saiga and the participant is automatically terminated upon receipt of the withdrawal notice by Saiga. In this case, a termination by Saiga is not necessary.
12.4. The right to temporary blocking and the right to extraordinary termination for good cause remain unaffected.
12.5. Any termination must be declared in text form. Provided that the corresponding function is activated, the participant can also terminate the user agreement by clicking on the corresponding button in the user account.
12.6. The participant is obligated and responsible for backing up their data from their user account in due time before termination of the user agreement. Two weeks after a termination takes effect, the participant will be reminded once again in text form to back up their data files, if not already done. The participant can then still export their data files but can no longer use any other functions. After a further two weeks, the user account of the participant concerned will be blocked. Saiga does not guarantee the participant any access to these data stocks after that. Any legal retention periods remain unaffected by this.
13. Amendment of these GTC
Saiga reserves the right to amend these GTC in whole or in part with effect for the future for the following reasons: for legal or regulatory reasons, for security reasons, to further develop or optimise existing features of Saiga's services as well as to add additional features, to take account of technical progress and to make technical adjustments and to ensure the future functionality of the services provided by Saiga. Saiga will inform the participant of any changes with notification of the specific content of the amended regulations with reasonable advance notice in text form (e.g. via the messaging and communication functions of the Concierge Service, by email or SMS), but at least two weeks before the planned entry into force of the amendments. The changes shall be deemed accepted by the participant if the participant does not object to them in text form within two weeks of receipt of the notification. Saiga will point out the right to object and the aforementioned legal consequences of silence to the participant separately in the amendment notice.
14. Communication, Agreement Language
Any communication between Saiga and the participant in connection with the business relationship with Saiga and the use of the Concierge Service shall in principle only take place in electronic form using means of distance communication and exclusively in German or English.
15. Final Provisions
15.1. Saiga is entitled to transfer the rights and obligations resulting from the user agreement including these GTC to third parties. Saiga will notify the participant of the transfer in text form at least four weeks beforehand. In the case of such a transfer, the participant has a right to extraordinary termination at the time of the transfer. The termination must be declared to Saiga in text form within fourteen days after receipt of the transfer notification by the participant.
15.2. The place of performance is Berlin.
15.3. In the event that the participant does not have a domicile or usual place of residence in Germany at the time the action is filed or that Saiga does not know the participant's domicile or usual place of residence, Berlin is agreed as the place of jurisdiction for all disputes arising from and in connection with the agreement relationship including these GTC.
15.4. If the participant is an entrepreneur, the parties agree that Berlin is the place of jurisdiction for all disputes arising from and in connection with the agreement relationship including these GTC. However, Saiga remains entitled to take legal action at the registered office of the participant.
15.5. The law of the Federal Republic of Germany shall apply. If the participant is a consumer, the mandatory protective provisions of the law of the state in which the consumer has their usual place of residence shall remain applicable.