Terms of Use

By clicking the “Add to …” button, you (hereinafter: “Licensee”) and us, Yucca (hereinafter: “Licensor”), enter into a contract for the use of the yuccaHR app (hereinafter: “App”) under the following conditions. The app is a web-based online application that enables the creation and implementation of an onboarding journey for employees.

1. Subject matter of these terms of use

(1) The licensor provides the licensee with the latest version of the app and grants the licensee an unlimited, simple, non-transferable license to use the app in the form of software as a service (“SaaS”) on the Internet and independent use on the end devices of the licensee or his representatives. The licensee is not granted any further rights of use or exploitation of the app. The licensee is not permitted to decompile or reproduce the app or to take any actions that endanger the integrity of the app.
(2) A 90-day journey is available in the app as a template that can be personalized by the licensee or his representative. The new employees (users) can be sorted according to criteria.
(3) The licensee assures that the new employees (users) are informed about their rights and obligations in connection with the use of the app and that they agree to these conditions before using the app.

2. Deployment

The licensor provides the app for paid use as Software as a Service (“SaaS”) on the Internet on its website, available at www.yuccahr.com, as well as in the Slack App Directory and at its own discretion, without any right to provision, available in other app stores. Delays in the provision of the software by the respective app store are outside the area of responsibility of the licensor and therefore do not constitute grounds for the licensee’s claims against the licensor or the licensee’s right to terminate the contract.

3. Fees

(1) There is a fee for using the app. The prices stated at the time of the order apply, as shown on the yuccaHR website. The prices displayed there are included in these terms of use and depend on the chosen plan.
(2) The licensee has the choice between monthly and annual billing. All payments are due for payment with the invoice in advance.
(3) The licensee must upgrade their contract with the next billing deadline. The billing is based on the number of members in the slack workspace, ms teams or other app store (as pointed out under section 2 of this terms of use).

4. Usage of data

(1) The licensor collects and uses data in connection with the use of the app by the licensee in accordance with its current data protection guidelines as stets in his privacy policy.
(2) The licensee is responsible for the data and information provided in the app. The licensor has no influence on the content that is fed into the app by the licensee or his representatives. The content is therefore not curated by the licensor.
(3) The licensee assures that he is entitled to use the respective data and information in connection with the use of the app and to feed it into the app. This applies in particular to the (personal) data of employees (users). Furthermore, the licensee assures that no information or data are fed into the app that are glorifying violence, that are slanderous, racist or pornographic and that by their acquisition, use, availability or otherwise do not violate applicable laws. The licensee releases the licensor from third party claims for the data and information fed in by him or his representatives, will fully support the licensor in legal defense and will bear the costs of legal defense of the licensee.

5. Warranty

(1) The licensor guarantees that the app corresponds to the contractual condition outlined in these terms of use at the time of its provision and that its use by the licensee to the contractually agreed extent in the country of the licensor of the app and does not conflict with any third-party rights. After one year from the time of making the app available to the licensee, this only applies if the licensee can prove that the app was not in a contractual condition at the time of making it available.
(2) The app provided by the licensor essentially corresponds to the product description. Claims for defects do not exist in the event of an insignificant deviation from the agreed or assumed condition and if the usability is negligibly impaired. Product descriptions are not a guarantee without a separate written agreement. In the case of update, upgrade and new version deliveries, claims for defects are limited to the innovations in the update, upgrade or new version delivery compared to the previous version.

6. Liability

(1) The licensor is also liable, including for his legal representatives and vicarious agents, only in the event of (a) intent or gross negligence, (b) injury to life, limb or health, (c) to the extent of a guarantee he has assumed and at its applicability (d) according to the Product Liability Act.
(2) The liability of the licensor for slightly negligent breaches of duty, which are essential for the achievement of the purpose of the contract (this means the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the other party regularly relies on and may rely on), is limited to the amount of damage that is foreseeable and typical according to the type of transaction.

7. Improper use

(1) The licensor reserves the right to investigate the processes in the event of suspected misuse or significant breaches of contract, to take appropriate precautions and, if there is a reasonable suspicion, to grant the licensee or user access to the content – at least until the licensee clears suspicions or of the user – to block and / or to terminate the contractual relationship without notice if there are particularly serious violations. If the licensee or user clears the suspicion, the block will be lifted. The licensee must immediately notify the licensor of any improper use of the service offering.
(2) The licensee or user must compensate the licensor for the damage resulting from the breach of duty, provided that the customer or user is responsible for the breach of duty.

8. Duration and termination of the contract

(1) If the licensee chose the free plan, these terms of use may be terminated at any time. The licensor shall be entitled to cancel or change the free plan at any time at his own discretion without replacement or, after prior reasonable notice, to make future use dependent on a fee.
(2) If the licensee chose monthly payment, these terms of use are concluded for an indefinite period. Both parties have the right to terminate the contract at any time without reason at the end of the next month.
(3) If the licensee chose yearly payment, these terms of use can be terminated at any time through out that year with effect to end of the year. No refunds will be given. If the licensee does not terminate these terms of use 30 days before the end of the year, the agreement will be renewed for another year after the end of the previous year.
(4) After termination of this contract, the licensor is entitled to block the access of the licensee.

9. Closing provisions

(1) Only German law applies to this contract, with the exclusion of UN sales law and the exclusion of conflict of laws rules.
(2) Place of jurisdiction is Düsseldorf, Germany.
(3) The parties agree that before recourse to state courts, a private dispute resolution procedure between parties shall take place as follows: In the event of a dispute, one of the parties shall state its concerns in a letter (for example registered letter or e-mail) invoking this clause. The other party then may respond to this letter within one month. If it does not do so, the way to state courts shall be opened. If the other party responds to the other party’s request, this party has the right to react within one month. If no solution is found within six months at the latest, the way to state courts shall be opened.
(4) Should individual provisions of this contract be or become ineffective in whole or in part, or should there be a gap in the contract, this shall not affect the validity of the remaining provisions of the contract. Instead of the ineffective provision or to fill in the gap, there should be an appropriate regulation that, as far as legally possible, comes closest to what the contracting parties wanted or would have wanted according to the meaning and purpose of this contract if they had considered the matter.

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