Terms and Conditions

IMPORTANT - READ CAREFULLY: The following terms of use (these "Terms of Use" or "ToU") apply for the use of any software on the basis of Software-as-a-Service ("SaaS") or other cloud based solution (the "Software") offered or marketed by Notch GmbH with its seat in Hamburg ("Notch") by you as the user ("User"). These Terms of Use together with the subscription module chosen by User constitute a legal agreement between Notch and User (the "Agreement"). The Agreement is concluded by selecting the respective subscription module and accepting these ToU (e.g. clicking the 'Accept' button or accessing or using the Software).

I. General

By starting a free trial of, purchasing a subscription to or being invited to use the Software, it is understood by both parties that User has read, understood and accepted these ToU and agrees to be bound by this Agreement. Any provision of the Software as SaaS or in any other form by Notch occurs solely under the condition that User accepts all Terms of Use as well as the privacy policy available at the website of Notch. Any conflicting terms of use by User or a third party do not apply, also if Notch does not explicitly disagrees with these. Making any reference to letters, websites or other documents containing terms of use of User do not constitute an acceptance of such terms by Notch. Any individual arrangements between Notch and User require a written agreement.

In the case User is not accepting all or parts of these Terms of Use, User needs to refrain from using the Software in any way and Notch is entitled to stop any service or provision of the Software to User. The latest version of these Terms of Use can be received on [insert link].

II. Use of the Software as SaaS

 1. Provision of Software as SaaS

2. Updates / Support

3. Usage Rights

4. Usage Data

5. Reserved Rights

6. Free Trial / Subscription / Compensation

7. Duties of User

User will perform all acts of cooperation necessary on the side of User to fulfill this Agreement, in particular:

User is not entitled to:

8. Term and Termination

9. Limited warranty

10. Limited warranty

Notwithstanding the legal nature of the relevant claim, the following shall apply to User’s damage claims and claims for expenses incurred in vain ("Ersatz vergeblicher Aufwendungen"):


III. Miscellaneous

1. Data Protection

2. Amendments to these ToU

Notch reserves the right to change or terminate any services, Software or SaaS provided free of charge for trial purposes taking User's interest into account. In addition, Notch reserves the right, in its sole discretion, to make reasonable amendments to the ToU from time to time to reflect any changes in its business, the underlying technology or the legal environment. Notch will inform User of any changes to these ToU in due course and with one (1) month prior notice via email as far as these adjustments lead to any negative effects for User. Material changes to these ToU will be effective upon the User’s first use of the Software with actual knowledge of such change, i.e. any use of the Software by User after being informed about the changes to these ToU constitutes the acceptance of User of the latest version of the ToU. In the case of a disagreement, the parties will use reasonable efforts to solve such disagreements. If this is not possible, Notch is entitled to terminate this Agreement with one (1) month prior notice in electronic form. 

2. Final provisions