General Terms and Conditions

for the provision of services by Glimpii your lash studio assistant UG (haftungsbeschränkt), Altenberger Straße 148, 51381 Leverkusen, e-mail: go@glimpii.com (the "Contractor") to its customers (the "Client")

This is a translation for convenience. The German version at glimpii-doku.de/agb is the legally binding text.

1. General

1.1 These General Terms and Conditions (the "Terms") for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these Terms.

1.2 The Contractor does not conclude contracts with consumers or private individuals.

1.3 The Contractor is entitled to award the necessary services to subcontractors in its own name and for its own account, and those subcontractors may in turn engage subcontractors of their own. The Contractor remains the Client's sole contracting party. Subcontractors are not engaged where it is apparent to the Contractor that doing so would run counter to the Client's legitimate interests.

1.4 Where further contractual documents or other terms and conditions in text or written form have become part of the contract alongside these Terms, the provisions of those further documents prevail over these Terms in the event of a conflict.

1.5 The Contractor does not accept terms and conditions used by the Client that deviate from these Terms, subject to express agreement to the contrary.

2. Subject matter and scope of services

2.1 As an independent contractor, the Contractor provides the following services to the Client:

Doku App – service description

The Doku App is a digital documentation solution for beauty studios, lash stylists, PMU artists and foot care businesses. It enables the legally sound capture, management and archiving of customer, treatment and consent data, and the creation of PDF documentation for operational and official records.

2.2 The specific scope of services is subject to individual agreement between the Contractor and the Client.

2.3 The Contractor provides the contractual services with the greatest possible care and diligence, in accordance with the current state of the art, current rules and current knowledge.

2.4 The Contractor is obliged to provide the services owed under the contract. In carrying out its activity it is not, however, subject to instructions as to the manner, place or time of provision. It will nevertheless schedule its working days, and its hours within those days, so as to achieve optimum efficiency in its work and in delivering the subject matter of the contract. The Contractor provides its services in coordination with the Client.

3. The Client's duties to cooperate

It is incumbent on the Client to provide the information, data and other content required for the provision of the services completely and correctly. The Contractor is in no way responsible to the Client for delays in the provision of services caused by late but necessary cooperation or input from the customer; the provisions under the heading "Liability / indemnity" remain unaffected.

4. Remuneration

4.1 Remuneration is agreed individually.

4.2 Remuneration is payable after the services have been rendered. Where remuneration is calculated by periods of time, it is payable at the end of each period (§ 614 BGB). Where billing is based on time and materials, the Contractor is entitled, subject to any agreement to the contrary, to invoice the services rendered monthly.

4.3 After providing the services, the Contractor issues the Client an invoice by post or e-mail (for example as a PDF). Payment is due within 14 days of receipt of the invoice.

5. Liability / indemnity

5.1 The Contractor is liable without limitation on any legal ground for intent or gross negligence, for intentional or negligent injury to life, body or health, on the basis of a guarantee where nothing to the contrary has been agreed, or on the basis of mandatory liability. Where the Contractor negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies under the preceding sentence. Material contractual obligations are those which the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, whose fulfilment makes proper performance of the contract possible in the first place, and on whose observance the customer may regularly rely. Otherwise, liability on the part of the Contractor is excluded. The foregoing provisions on liability also apply to the Contractor's liability for its vicarious agents and legal representatives.

5.2 The Client indemnifies the Contractor against any third-party claims asserted against the Contractor as a result of the customer's breaches of these contractual terms or of applicable law.

6. Term and termination

6.1 The parties agree the contract term and the notice periods for ordinary termination individually.

6.2 The right of either party to terminate for cause without notice remains unaffected.

6.3 After the contract ends, the Contractor must return or destroy all documents and other content provided to it without undue delay, at the customer's option. Asserting a right of retention over them is excluded. Electronic data must be deleted in full. This does not apply to documents and data subject to a longer statutory retention obligation, but only until the end of the respective retention period. At the company's request, the Contractor must confirm the deletion in writing.

7. Confidentiality and data protection

7.1 The Contractor will treat all matters that come to its knowledge in connection with the engagement in strict confidence. The Contractor undertakes to impose the duty of confidentiality on all employees and/or third parties who have access to the information covered by the contract. The duty of confidentiality applies without time limit beyond the term of this contract.

7.2 The Contractor undertakes to comply with all data protection provisions when carrying out the engagement — in particular the provisions of the General Data Protection Regulation and the German Federal Data Protection Act.

7.3 Where the Contractor processes personal data on behalf of the Client, the data processing agreement applies, which forms part of this contract as an annex. It contains the technical and organisational measures (Annex 1) and the list of sub-processors (Annex 2).

8. Final provisions

8.1 The law of the Federal Republic of Germany applies, excluding the CISG.

8.2 Should any provision of these Terms be or become invalid, the validity of the remainder of the Terms is not affected.

8.3 The Client will support the Contractor in providing its contractual services through appropriate acts of cooperation where necessary. In particular, the Client will provide the Contractor with the information and data required to perform the engagement.

8.4 Where the Client is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree the Contractor's registered office as the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.

8.5 The Contractor is entitled to amend these Terms for objectively justified reasons (for example changes in case law, legislation, market conditions or business or corporate strategy) subject to reasonable notice. Existing customers will be notified by e-mail no later than two weeks before the change takes effect. Unless the existing customer objects within the period set out in the notice of amendment, their consent to the change is deemed given. If they object, the changes do not take effect; in that case the Contractor is entitled to terminate the contract for cause with effect from the date the change was to take effect. The notice of the intended amendment to these Terms will refer to the period and to the consequences of objecting or failing to object.

9. Information on consumer dispute resolution

The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our e-mail address can be found in the heading of these Terms.