Terms and Conditions
1. Scope
Terms and Conditions (T&C) apply to all contracts between Cucua Sole Proprietorship (hereinafter "Provider") and its users (hereinafter "Customer") concerning the delivery and use of the Cucua App. In this contract, 'user' and 'customer' are used synonymously. 'Cucua' refers to the Cucua App, the Cucua Sole Proprietorship, or the service.
2. Conclusion of Contract
The contract is concluded when the user accepts the Provider's offer by using the software or by entering into a corresponding agreement. By using the Cucua App, the user expressly agrees to these T&C. The Provider reserves the right to confirm or reject the offer within seven working days after receiving the customer's order. Communication may be conducted via email, including contractual matters. Users must provide an up-to-date email address in their account.
3. Subject and Scope of Contract
The Cucua App is a web-based SaaS solution offering features like interactive slides, digital feedback, automated tests, and performance monitoring. Upon purchase, the user receives a non-exclusive, non-transferable, time-limited right to use the software in accordance with these T&C. Use is limited to personal, internal use on devices specified in the contract. Distribution, leasing, or unauthorized use is prohibited. Modifying the source code or functions is strictly forbidden.
4. Service Provision
Cucua is provided as a cloud-based service. The user can access the software hosted by a third-party provider via the internet for personal use during the contract term. The software is provided at the data center's router exit point ("handover point") after payment is received. Computing resources, storage, and processing are supplied by Cucua, but the user is responsible for the internet connection to the handover point. Users receive no copyright rights, only the right to display the interface during the contract. Copying or exploiting content requires prior written consent. Systematic retrieval, compilation, or redistribution of content is forbidden. Misuse may result in account suspension. Users must not bypass technical protections.
5. Prices and Payment
All prices include statutory VAT applicable on the contract date. Payment is due within seven working days of invoice, unless agreed otherwise. Late payments beyond 14 working days may lead to suspension of access. If a SEPA transaction fails due to the user, they bear any resulting fees. Invoices and payment reminders are sent electronically to the account's email address.
6. Warranty and Liability
The Provider warrants that the software is free of significant defects under proper use. No liability is accepted for damage caused by misuse or unauthorized modifications by the user. Defects will be fixed within a reasonable period. Full uptime cannot be guaranteed. Cucua excludes liability for accuracy of generated data or related recommendations. Users must verify scores, percentages, and evaluations themselves.
7. Maintenance and Updates
Cucua will make regular updates to ensure contractual performance. These updates are free for existing users. If an update significantly affects access or usability, users will be notified in advance by email. Cucua reserves the right to amend these terms to reflect new features. Changes will be published online and become binding upon continued use.
8. Data Protection
The Provider commits to comply with all applicable data protection laws. Personal data is processed in accordance with the GDPR, as detailed in the provider's privacy policy available on its website.
9. Data Retention
The types of stored data and their retention periods are described in our privacy policy.
10. Term and Termination
The license agreement runs indefinitely unless otherwise agreed. Monthly contracts can be terminated by either party at least seven working days before month-end. Annual contracts require one month's notice before the end of the subscription. Without cancellation, the contract renews automatically. Late cancellations after payment are non-refundable. Immediate termination is possible for significant breach of contract.
11. Right of Withdrawal
Users have the right to withdraw their contract acceptance within 14 days without stating a reason. This can be done via letter or email. Contact details are available in the imprint. Refunds are only provided within the legal withdrawal period.
12. Contact
For any questions regarding these terms, contact us at: info@cucua.co
13. Dispute Resolution
The European Commission provides an online dispute resolution platform. We are available at info@cucua.co but are neither willing nor obligated to participate in consumer arbitration proceedings.
14. Final Provisions
Amendments to these terms require written form. German law applies, excluding the UN Sales Convention, unless overridden by consumer protection laws in the user's country of residence. If any provision is invalid, the remainder of the agreement remains in force. Place of jurisdiction is the Provider's business location.
Cucua Einzelunternehmen
Große Kapellenstraße 43
67105 Schifferstadt