Terms & Conditions

for the use of the Software-as-a-Service solution "oprax"

As of: January 2026

§ 1 Scope

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between oprax GmbH (hereinafter "Provider") and the customer (hereinafter "User") regarding the use of the Software-as-a-Service solution "oprax".

(2) Conditions of the User that conflict with or deviate from these GTC shall not be recognized unless the Provider expressly agrees to their validity in writing.

§ 2 Subject of the Contract

(1) The subject of the contract is the provision of the web-based practice software "oprax" for use via the Internet (Software-as-a-Service).

(2) The scope of services depends on the selected package (Praxis, Community or Match) and the current service description on the Provider's website.

(3) The Provider makes the software available in its current version and continuously develops it further.

§ 3 Contract Conclusion and Registration

(1) Registration requires the completion of 18 years of age.

(2) The User is obligated to provide truthful information during registration and to keep it up to date.

(3) The contract is concluded upon confirmation of registration by the Provider.

§ 4 Trial Period

(1) The Provider offers a free trial period of 30 days.

(2) After the trial period expires, access ends automatically unless a paid package has been booked.

§ 5 Prices and Payment

(1) Current prices can be found on the Provider's website.

(2) All prices are exclusive of statutory value-added tax.

(3) Billing is done monthly or annually in advance, depending on the chosen billing period.

(4) The Provider reserves the right to change prices with a notice period of 30 days.

§ 6 Term and Termination

(1) The contract is concluded for an indefinite period.

(2) For monthly billing, the contract may be terminated with 14 days' notice to the end of the month.

(3) For annual billing, the minimum term is 12 months. Termination is possible with 30 days' notice to the end of the term.

(4) The right to extraordinary termination for good cause remains unaffected.

§ 7 User Obligations

(1) The User is responsible for the security of their access credentials.

(2) The User undertakes to use the software only for lawful purposes.

(3) The User is responsible for compliance with data protection regulations regarding their clients.

(4) The User shall indemnify the Provider against all third-party claims arising from unlawful use of the software.

§ 8 Availability and Liability

(1) The Provider strives for software availability of 99.5% on an annual average.

(2) Planned maintenance work and disruptions outside the Provider's sphere of influence are excluded from the availability calculation.

(3) The Provider is liable without limitation for intent and gross negligence. In the case of slight negligence, the Provider is only liable for the breach of essential contractual obligations.

§ 9 Data Protection

(1) The Provider processes personal data in accordance with the privacy policy and applicable data protection laws.

(2) Insofar as the User processes client data in the software, the Provider acts as a data processor pursuant to Art. 28 GDPR.

(3) A data processing agreement will be provided upon request.

§ 10 Data Export and Termination

(1) The User may export their data at any time.

(2) After contract termination, the User's data will be handled in accordance with statutory retention periods and subsequently deleted.

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany applies.

(2) The place of jurisdiction is, to the extent legally permissible, the registered office of the Provider.

(3) Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.