For the use of the Minutezilla SaaS platform
This is a courtesy translation. Only the German version of these terms is legally binding.
§ 1 Scope and contracting parties
(1) These General Terms and Conditions (GTC) apply to all contracts between Sivaprasad Sisupalan, Speckenkamp 12, 38442 Wolfsburg, Germany (hereinafter "Provider") and the users of the Minutezilla SaaS platform (hereinafter "User" or "Customer").
(2) Minutezilla is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who use the service in the course of their commercial or independent professional activity. Use by consumers within the meaning of Section 13 BGB is excluded.
(3) Deviating terms and conditions of the User do not apply unless the Provider expressly agrees to their validity in writing.
§ 2 Description of services
(1) The Provider makes available to Users a cloud-based software-as-a-service (SaaS) platform for time tracking and personnel management. The range of functions includes in particular:
- Time tracking (start/stop timer, manual entries)
- Project and client management
- Reports and analytics
- Attendance tracking (check-in/check-out, breaks)
- Leave management and approval workflows
- Overtime calculation
- Team management with roles (Admin, Manager, Member)
(2) The Provider is entitled to extend, restrict or change the scope of services, provided this is reasonable for the User and does not impair essential contractual obligations. The User will be informed of material changes in good time.
(3) The current description of services is available at app.minutezilla.com.
§ 3 Registration and user account
(1) Use of Minutezilla requires registration and the creation of a user account. Registration is free of charge.
(2) Information provided during registration must be truthful and complete. The User is obliged to keep their login credentials secure and not to make them accessible to unauthorised third parties.
(3) Only one account may be created per email address. Multiple accounts are not permitted.
(4) The Provider reserves the right to block or delete accounts if there is reasonable suspicion of misuse or if these GTC are violated.
§ 4 Rights of use
(1) For the term of the contract, the Provider grants the User a simple, non-transferable and non-sublicensable right to use the platform as intended.
(2) The platform may not be copied, modified, reverse engineered, decompiled or otherwise manipulated.
(3) All rights to the platform, the software and the content remain with the Provider. The Customer's rights of use expire automatically at the end of the contract.
§ 5 Obligations of the User
(1) The User undertakes:
- to use the platform only as intended and in accordance with applicable law;
- not to enter any unlawful, offensive or misleading content;
- not to use automated access (bots, scrapers) without the Provider's express written permission;
- to inform the Provider without delay of any security vulnerabilities or misuse that come to their attention;
- to comply with the applicable labour law provisions when using the HR module, in particular the German Working Hours Act (ArbZG).
(2) The User bears sole responsibility for the data entered by them or their employees.
(3) In the event of data protection breaches affecting the Provider, the User is obliged to inform the Provider without delay.
§ 6 Fees and payment
(1) The basic version of Minutezilla can be used free of charge. Paid premium features are shown separately and require an active subscription.
(2) Prices for paid plans can be found in the current price list on the website. All prices are exclusive of statutory VAT.
(3) Payments are due in advance. If payment is not made, the Provider is entitled to restrict or block access to premium features.
§ 7 Availability
(1) The Provider aims for an average annual platform availability of 99 %, excluding scheduled maintenance.
(2) Scheduled maintenance will, where possible, be announced to the User at least 24 hours in advance.
(3) There is no entitlement to uninterrupted availability. Disruptions caused by force majeure (e.g. network outages, DDoS attacks) are excluded.
§ 8 Data protection and data processing
(1) The handling of personal data is governed by the Provider's privacy policy and the General Data Protection Regulation (GDPR).
(2) Where the User processes personal data of their employees via Minutezilla (e.g. time tracking, attendance), the Provider acts as a processor pursuant to Art. 28 GDPR. In this case, a data processing agreement (DPA) must be concluded. The User can request the DPA at [email protected].
(3) As controller pursuant to Art. 4 No. 7 GDPR, the User is responsible for the lawful processing of employee data, in particular for the correct legal basis, information obligations towards employees and works agreements pursuant to Section 87 (1) No. 6 of the German Works Constitution Act (BetrVG).
§ 9 Liability
(1) The Provider is liable without limitation for damage resulting from injury to life, body or health and for damage caused by intent or gross negligence.
(2) In cases of slight negligence, the Provider is liable only for breach of an essential contractual obligation (cardinal obligation) and only up to the amount of the foreseeable damage typical for this type of contract.
(3) The Provider accepts no liability for loss of data if the User has not made regular backups.
(4) Liability for indirect damage, consequential damage and loss of profit is excluded to the extent permitted by law.
§ 10 Term and termination
(1) The contract is concluded for an indefinite period and may be terminated by either party at any time without giving reasons.
(2) Paid subscriptions can be cancelled with 30 days' notice to the end of the respective billing period.
(3) The right to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular if the User repeatedly breaches material obligations under these GTC.
(4) After the end of the contract, the User's account will be blocked. Stored data will be deleted after a transition period of 30 days, unless statutory retention obligations prevent this.
§ 11 Changes to the GTC
(1) The Provider reserves the right to amend these GTC with at least 30 days' notice. Changes will be communicated to the User by email.
(2) If the User does not object to the amended GTC within 30 days of receiving the notification, the amended GTC are deemed accepted. The User will be expressly informed of this right of objection and its consequences in the notification.
§ 12 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 the Provider's registered place of business, provided the User is a merchant, a legal entity under public law or a special fund under public law.
(3) Should individual provisions of these GTC be or become invalid, this does not affect the validity of the remaining provisions.
(4) There are no verbal side agreements. Amendments and additions require text form.
