Terms of Service

These Terms of Service apply to all contracts on the provision and use of the smiit Analytics data analytics platform between smiit GmbH, Reiherweg 96, 89584 Ehingen, Germany (the “Provider”) and its customers.

Email: kontakt@smiit.de

Phone: +49 160 4073198

The Provider's offering is directed exclusively at entrepreneurs within the meaning of Sec. 14 German Civil Code (BGB), legal entities under public law and special funds under public law. Consumers within the meaning of Sec. 13 BGB are excluded.

Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract unless the Provider expressly agrees to their application in text form.

The Provider makes smiit Analytics available to the customer — a data analytics platform that consolidates data from the source systems released by the customer into a data model and provides it in the form of dashboards, reports and AI-assisted analytics features.

The specific scope of services follows from the applicable service description, the quote and the selected package. Content presented on this website constitutes non-binding descriptions and not a legally binding offer.

The Provider is entitled to further develop and update the platform. Core functionality is preserved; changes that not insignificantly restrict the agreed scope of services require the customer's consent.

Enquiries via the contact form, by email or through an appointment booking do not constitute an offer in the legal sense.

A contract is concluded when the customer accepts a quote from the Provider in text form, or when the Provider confirms an order from the customer in text form.

Where offered, the customer may test smiit Analytics free of charge for a period of 30 days. The trial period begins when access is provided.

During the trial period there is no entitlement to any particular availability or support response times. Warranty is excluded for the trial period to the extent legally permissible.

The trial period ends automatically upon expiry of the trial term and does not automatically convert into a paid contractual relationship.

The prices stated in the quote or package overview apply. All prices are net prices plus applicable statutory VAT.

One-time fees for setup and implementation fall due upon provision. Recurring fees are charged in advance for the agreed billing period.

Invoices are payable within 14 days of the invoice date without deduction.

If the customer defaults on payment, the Provider is entitled — after prior notice and a reasonable grace period — to suspend access to the platform until payment is settled in full. Further statutory claims remain unaffected.

The customer provides the cooperation required for the delivery of services in a timely, complete manner and free of charge. This includes in particular:

• Providing the necessary access to the source systems to be connected
• Naming a contact person authorised to make technical and organisational decisions
• Reviewing and approving interim results within a reasonable period
• Keeping access credentials secure and reporting any suspected misuse without undue delay
• Ensuring that it is entitled to transfer and have processed the data it contributes

Upon full payment of the agreed fee, the Provider grants the customer a simple, perpetual, non-exclusive right to use the data model created for it and the associated reports within its own organisation.

All data contributed by the customer remains its exclusive property. The Provider acquires no rights to it beyond the use required to deliver the services.

All rights to standardised components, templates, libraries and the Provider's underlying know-how remain with the Provider. Passing these components on to third parties, sub-licensing or commercialising them is not permitted without prior consent in text form.

Where the Provider operates the platform, the target availability is 99 % on an annual average, measured at the handover point to the internet.

Excluded from availability are announced maintenance windows as well as outages caused by disruptions at upstream providers, force majeure, or circumstances within the customer's sphere of responsibility.

Support requests can be submitted by email and are handled during regular business hours (Monday to Friday, 9:00–17:00 CET, excluding public holidays in Baden-Württemberg).

The Provider processes the customer's personal data in accordance with applicable data protection law. Details on processing in the context of this website are set out in the privacy policy.

Insofar as the Provider processes personal data on behalf of the customer in the course of delivering the services, the parties additionally conclude the data processing agreement pursuant to Art. 28 GDPR. It forms part of the contractual relationship.

The Provider warrants that the services have the contractually agreed characteristics and are free from third-party rights that would preclude their contractual use.

The customer shall report defects without undue delay in text form, with a comprehensible description. The Provider shall remedy defects within a reasonable period by rectification or replacement.

Insignificant deviations from the agreed characteristics do not give rise to warranty claims. The same applies to impairments resulting from use not in accordance with the contract, from changes made by the customer or third parties, or from faulty customer data.

The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee assumed.

In the event of slightly negligent breach of a material contractual obligation (cardinal obligation), liability is limited to the foreseeable damage typical for this type of contract. Material contractual obligations are those 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 otherwise excluded.

The customer remains responsible for regularly backing up its data in its source systems. The Provider is liable for data loss only to the extent that would have arisen had the customer performed proper data backups.

The term follows from the agreement made in the quote. If no term is agreed, the contract runs for an indefinite period and may be terminated by either party with three months' notice to the end of a calendar month.

The right of either party to terminate for cause remains unaffected.

Terminations must be made in text form.

After the end of the contract, the Provider makes the customer's data available on request within 30 days in a common, machine-readable format. Thereafter the data is deleted in accordance with the data processing agreement.

The Provider may amend these terms with effect for the future insofar as this is necessary to adapt to changes in the law, case law or technical developments, and provided the customer is not unreasonably disadvantaged as a result.

Changes will be communicated to the customer in text form at least six weeks before they take effect. If the customer does not object within six weeks of receipt, the changes are deemed accepted. The notice will draw separate attention to this consequence.

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

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Ulm, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

Amendments and additions to this contract must be made in text form. This also applies to any waiver of this form requirement.

Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected.