Oviavo Benefits

General Terms and Conditions (Customer Dashboard)

Welcome to Oviavo. We are happy that you as employer are giving your employees the opportunity to use our Oviavo Benefits. Most of our services are provided through our Customer Dashboard. In the following we provide information on what you need to be aware of in this regard. If you have any questions, please do not hesitate to contact us at info@oviavo.com.  

1. Scope of application; authorized user

1.1. The following terms and conditions (hereinafter “T&Cs”) shall apply in addition to the provisions of the cooperation agreement between Oviavo GmbH, Wattstraße 11, 13355 Berlin (phone: +49 178 3375743, e-mail: info@oviavo.com, hereinafter ”Oviavo“) and the respective company (hereinafter ”Customer”) and stipulate the use of the web-based platform at https://dashboard.oviavo.com von Oviavo (hereinafter „Customer Dashboard“). 1.2. The Customer Dashboard may only be used by selected representatives of the Customer who have previously been designated to Oviavo as responsible for this use (hereinafter “Users”). Insofar as non-authorized representatives and/or employees of the Customer use the Customer Dashboard, the following Terms of Use shall apply to them accordingly.

2. Content and scope of the Customer Dashboard; change of services

2.1. The Customer Dashboard is the Customer’s main tool for managing Oviavo’s services under the cooperation agreement. In particular, it contains the following content and functions:  (1) Materials for the implementation of Oviavo Benefits as required by the Cooperative Agreement, (2) the ability to upload, add, remove, and/or modify eligible employee information; and (3) a function to contact an Oviavo employee regarding issues related to the Customer Dashboard. 2.2. Change of service: Oviavo is not obliged to provide certain functionalities or a certain appearance of the Customers dashboard beyond the aforementioned content and basic functions, but may design and continuously redesign it at its own discretion. In doing so, Oviavo shall take into account the legitimate interests of the Customer and the User in each case.

3. Obligations in the use of the Customer Dashboard

3.1. For the use of the Customer Dashboard, the Users use the e-mail address previously communicated to Oviavo. When using the Customer Dashboard for the first time, the Users shall assign a secure password consisting of at least twelve (12) characters in order to create a user account (hereinafter referred to as “Account”). 3.2. Access data used in the context of the Account, including the password, shall be kept secret by the Users and shall not be made accessible to unauthorized third parties. Users must also not provide unauthorized third parties with access to the Customer Dashboard in any other way. If there is a suspicion that third parties have accessed and/or will access the account, the respective User will inform Oviavo of this and change the password immediately. 3.3. Users may only use the content and functions offered in the Customer Dashboard within the framework and for the purposes of the cooperation agreement. Unauthorized use includes, in particular, the commercial dissemination of the content offered in the Customer Dashboard. 3.4. Users shall use the Customer Dashboard in such a way that it is not impaired, overloaded or damaged and that the purpose pursued with the functions and content of the Customer Dashboard is neither jeopardized nor circumvented. Users will not circumvent or modify Oviavo’s security measures, either themselves or through third parties. Users shall not misuse the Customer Dashboard, in particular by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. Users may not gain unauthorized access to the server on which the Customer Dashboard is stored or to any server, computer or database connected to the Customer Dashboard, including attempting to do so. Users may not attack the Customer Dashboard via a denial of service attack or a distributed denial of service attack. 

4. Availability of the customer dashboard

4.1. Oviavo ensures a network availability (“connectivity”) of the Customer Dashboard of 98% per calendar quarter. Excluded from the ensured availability of the Customer Dashboard are the downtimes and reduced availability described below. These are considered proper service delivery and will not be counted as affecting availability: (1) Planned downtime (in particular for maintenance purposes) daily between 00:00 and 06:00 and on Sundays from 00:00 to 24:00; (2) downtimes for which Oviavo is not responsible, in which the accessibility of the Customer Dashboard is impaired due to technical or other problems (e.g. force majeure, fault of third parties including DDoS attacks, etc.), which Oviavo could not prevent, despite taking into account customary market standards.  (3) Oviavo can restrict access to the Customer Dashboard and the services that can be accessed through it, even outside of maintenance windows, if the security of the operation of the Customer Dashboard, the maintenance of the network integrity, in particular the avoidance of serious disruptions to the network, the Customer Dashboard or stored data require this, without the Customer and/or the User incurring any rights as a result. 4.2. The relevant transfer point for determining the availability of the Customer Dashboard is the interface between the servers of Oviavo and the Internet. 

5. Liability

5.1. With the exception of unlimited liability under the Product Liability Act and due to injury to life, limb or health and in the case of intent and negligence, Oviavo’s liability is limited as follows:  5.2. In case of negligence, Oviavo’s liability is limited to compensation for the typical foreseeable damage within the scope of these T&Cs, the occurrence of which Oviavo had to expect at the time of conclusion of the user agreement due to the circumstances known at that time. In the case of ordinary negligence, however, Oviavo is only liable if Oviavo has breached an obligation which endangers the purpose of the user agreement or the fulfilment of which makes the proper execution of this user agreement possible in the first place and on the observance of which the Customer and/or the User may rely. 5.3. Oviavo shall also not be liable for malfunctions of the Customer Dashboard as a result of data transmission on the Internet for which Oviavo is not responsible and which impede or prevent the use of Internet-based services. 5.4. The limitations stated in the above Sections 5.1 till 5.3 also apply in favor of Oviavo’s legal representatives and vicarious agents if claims are asserted directly against them.

6. Term of contract

The duration of this user agreement is unlimited and, with regard to its beginning and end, is dependent on the duration of the cooperation agreement between Oviavo and the Customer. The provisions of the cooperation agreement apply accordingly.

7. Miscellaneous

7.1. Contractual language. The contractual language shall be English. Communication between the contracting parties shall be in German or English. 7.2. Contract text. Customer and User may download and store the current version of these T&Cs at any time at https://oviavo.com/terms-customers/. For evidence purposes, Oviavo also stores the respective contract text, which can be transmitted to the Customer and/or the User upon request at Oviavo. 7.3. Applicable law. The law of the Federal Republic of Germany shall apply. 7.4. Place of jurisdiction. The exclusive place of jurisdiction for all disputes arising from and/or in connection with this Agreement is Berlin, insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law or the Customer has no general place of jurisdiction in the Federal Republic of Germany or transfers its place of jurisdiction abroad. In deviation from this, Oviavo is also entitled to take legal action against the Customer at its general place of jurisdiction.

Version: April 2021