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Terms and conditions

General terms and conditions of mQorva.

The German version of this page is legally binding. This English text is provided for convenience only.

1. Scope

These general terms and conditions (“Terms”) apply to all agreements between mQorva UG (haftungsbeschränkt), Moselstraße 2, 16356 Ahrensfelde, Germany (“mQorva”) and its customers regarding the use of the software products m1member, mQmarketing, mQguard, and m2company (the “login products”), as well as regarding the free provision of the open-source application Schreibkraft.

Schreibkraft is additionally subject to the terms of the MIT licence under which its source code is published. Otherwise, only the sections of these Terms that expressly also apply to software provided free of charge apply to Schreibkraft (in particular sections 3, 6, and 8).

Deviating, conflicting, or supplementary terms of the customer do not become part of the contract unless mQorva expressly agrees to their application in writing.

2. Conclusion of contract

For the login products, the contract is concluded through an individual agreement between mQorva and the customer (e.g. following a demo or a consultation), in which scope of services, term, and remuneration are set out in writing or text form. There is no entitlement to the conclusion of a contract.

Schreibkraft is offered for download without a separate conclusion of contract; by downloading and using it, the user accepts the MIT licence as well as the applicable sections of these Terms.

3. Description of services and availability

mQorva describes the respective scope of functions of the login products on this website and in the individual agreement with the customer. mQorva endeavours to keep the login products available in line with the state of the art but does not owe uninterrupted availability. Maintenance windows, further development, and fault resolution may lead to temporary restrictions; mQorva will keep such restrictions to a reasonable extent and, where feasible, announce them in advance.

Schreibkraft is provided “as is” without any warranty of availability or functionality, as provided for in the MIT licence.

4. Customer’s duties to cooperate

The customer is obliged to

  • keep access credentials confidential and protect them from access by third parties,
  • use the login products only within the bounds of applicable law and the usage agreed with mQorva,
  • inform mQorva of faults and errors without undue delay, and
  • provide the cooperation required for operation (e.g. providing necessary information or access) in a timely manner.

Delays caused by the customer’s delayed or omitted cooperation are not at mQorva’s expense.

5. Remuneration

Remuneration for the login products is governed by the individual agreement with the respective customer. Information about the available plans can be found on the pricing pages of the respective products. Unless otherwise agreed, invoices are due within 14 days of receipt without deduction.

Schreibkraft is provided free of charge; mQorva is not entitled to any remuneration in this respect.

6. Liability

mQorva is liable without limitation for intent and gross negligence, under the provisions of the German Product Liability Act, and for culpable injury to life, body, or health.

For slightly negligent breach of a material contractual obligation (“Kardinalpflicht”) — an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the customer may regularly rely — mQorva’s liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.

Liability for slightly negligent breaches of duty is otherwise excluded. The above limitations of liability also apply in favour of mQorva’s legal representatives and vicarious agents.

For Schreibkraft, the disclaimer of warranty under the MIT licence additionally applies.

7. Term and termination

The term and notice periods for the login products are governed by the individual agreement with the customer. Unless otherwise agreed there, either party may terminate the respective contract with one month’s notice to the end of the agreed billing period. The right to extraordinary termination for good cause remains unaffected.

Use of Schreibkraft may be discontinued by the user at any time by uninstalling it; no termination is required for this.

8. Data protection

For information on the processing of personal data, please see our privacy policy.

9. Final provisions

These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is, to the extent permitted by law, the registered seat of mQorva.

Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the economic intent pursued by the parties with the invalid or unenforceable provision.