Terms and Conditions
dated 17/04/2023
Table of contents
1.1 The contractual partner of the user and owner of the service is airrange software GmbH, registered with the commercial register of the local court of Munich under HRB 271683 (hereinafter referred to as "airrange"). Detailed information about airrange can be found on the website https://www.airrange.io/ under the item imprint. airrange offers a so-called software-as-a-service (hereinafter "Service") via its website (no-charge version) and a Microsoft Office 365 (fee-based) application (hereinafter also referred to as “Platform”). Services within the meaning of these General Terms and Conditions are all services of airrange, in particular but not exclusively the creation of No-Code Apps based on Spreadsheets (MS Excel in particular) as well as Granular Sharing (collaboration) functionality of spreadsheet data, Airrange offers those services for use or purchase in part for a fee (hereinafter also "Service-Contents"). The contents of the Service are divided into the categories "Free" and "Pro xxx" and are labeled accordingly. The details of these services can be found in their descriptions, which airrange provides on its website at https://www.airrange.io/pricing.
1.2 Users of this Service, to whom airrange sells or provides the Service-Contents free of charge on the basis of these General Terms and Conditions, must have accepted these General Terms and Conditions before using the Service-Contents.
1.3 These General Terms and Conditions (hereinafter referred to as "GTC") apply to the use of the Service or Service-Contents. The use of the Service and the Service-Contents by the User shall be exclusively based on these GTC, unless otherwise expressly agreed in writing between airrange and the User in a particular case. The current GTC are available on the website of airrange at www.airrange.io. airrange is entitled to change or amend these GTC at any time, unless this is unreasonable for the User. For this purpose, airrange shall notify the Users of the changes in a timely manner (in writing or by e-mail) and publish them on the website of airrange. In the absence of an objection by the User regarding the amendments to the GTC, which must be made within six (6) weeks after notification, the amended GTC shall be deemed accepted by the respective User. In the notification, the User shall be expressly informed of his right to object and the significance of the objection period. In the event of the User's objection to the change or addition to the GTC, airrange is entitled to terminate the usage agreement based on these GTC to the respective User with a notice period of four (4) weeks. Conflicting, amendatory or deviating conditions of the User shall not become part of the contract, unless this is expressly agreed in writing between the parties.
1.4 These GTC can be viewed and saved as a PDF file (LINK). Users are also entitled to print them out. The User can retrieve the GTC at any time on the website of airrange, print as well as save.
1.5 References to the applicability of statutory provisions shall only have clarifying significance. Even without such clarification, the statutory provisions shall therefore apply, unless they are directly amended or expressly excluded in this contract.
2.1 The subject of these GTC is the granting of use of the Service of airrange for the User via the Internet. The current functional scope of the Service and the respective price can be found in the current service description on the airrange website at https://www.airrange.io/pricing
2.2 airrange provides the Service and the Service-Contents to the Users only for use and allows the Users to access them. Neither source code nor object code of the Service shall be provided to the User. Users can opt for a subscription as part of the Service. Upgrades and downgrades between these subscriptions are possible in the subscription area based on these GTC.
2.3 airrange strives to enable a maximum of availability of the platform within its scope of influence but does not guarantee a certain availability. The availability of the platform may be limited or impossible, especially during maintenance and repair work.
3.1. By using the Service via the airrange platform, the User enters into a contract of use with airrange based on these GTC and can use the free content of the Service. Access to the full Service-Contents requires a paid subscription via Microsoft Office 365. Users do not download any software but use this Service only within the scope of using the platform. Within the scope of this contract of use, airrange grants the user the non-exclusive and non-transferable right to use the service designated in these GTC for the duration of the user agreement as intended on the basis of these GTC in the respective current version via the Internet, in part against payment and in part free of charge. The User may only process the Service to the extent that this is covered by the intended use of the Service according to the respective current service description.
3.2. The contract of use regulates the rights and obligations of the User with regard to the use of the Service of airrange. There is no obligation on the part of airrange to make the Service available for all end devices or at all times. airrange may, however, send messages to the User in order to inform the User of news and further developments. airrange reserves the right to change and further develop the Service in terms of technology and content. airrange and its advertising partners may supplement service-relevant information via the Service with additional information or advertising, e.g. from sponsors. Notifications about marketing activities of airrange (hereinafter "Newsletter") will only be sent to the User if he has agreed to receive the Newsletter. The User can stop receiving the Newsletter at any time by clicking on the "Unsubscribe Newsletter" field in the Newsletter. In this case, the User's e-mail address will be deleted from the Newsletter distribution list and the absence of consent will be noted in the user area.
To be able to use the complete service (fee-based Service-Contents) of airrange, the User must log in with their Microsoft Office 365 Account and must agree to these GTC. Neither additional data nor any other additional registration is required. In this way, airrange receives only anonymous data from the User (E-mail address and Username). The personal data of the User remain in the Microsoft cloud and are neither saved, nor stored at airrange. In order to be able to use fee-based Service-Contents from airrange, the User must purchase a corresponding subscription from airrange via his Microsoft Office 365 (hereinafter "Subscription-Purchase"). Until the binding conclusion of the Subscription-Purchase, the User can correct his entries in the electronic purchase process via the usual input devices. The User can recognize possible input errors by carefully reading the information displayed on the screen. If necessary, changing the display size of the browser is helpful for better recognition of input errors.
5.1. The User may authorize one or more persons to use the User’s predefined contents by means of an invitation via the sharing function of the Platform (hereinafter referred to as “Authorized Person” or “Authorized Persons”.
5.2. The User is solely responsible for the content placed on the Platform by him or by Authorized Persons and transmitted via the sharing function of the Platform.
5.3. The User and the Authorized Persons may not post any content on the Platform or transmit any content via sharing function of the Platform that violates statutory provisions, official orders or morality.
5.4. The User and Authorized Persons are also not allowed to post content on the Platform or to transmit content via the sharing function of the Platform that infringes the rights of third parties, in particular copyrights and/or industrial property rights as well as competition law claims (such as for the non-disclosure of business secrets).
5.5 The User shall indemnify airrange from all claims asserted by third parties against airrange due to the violation of their rights or due to legal violations resulting from the contents posted to the Platform by the User or Authorized Persons or transmitted via the sharing function of the Platform. In this respect, the User shall also bear the necessary costs of airrange's legal defence, including court and attorney's fees. The indemnification obligation shall not apply if the User is not responsible for the infringement.
5.6 The User and the Authorized Persons must refrain from all measures that could endanger or disrupt the functioning or operation of the Platform. They shall refrain from:
a) using automated software mechanisms (such as robots, crawlers, spiders, scrapers) in connection with the Platform;
b) using sharing functions of the Platform for purposes other than those for which the Platform is intended; in particular, they shall not use them to send advertising content, so-called viruses, so-called worms or so-called trojans;
c) providing false, incomplete, or misleading information or pursuing fraudulent intentions;
d) using any technical or conceptual errors of the Platform to circumvent access blocks, legal prohibitions and/or to harm third parties;
e) disseminating offensive, indecent, sexually oriented, obscene or defamatory content;
f) disseminating content which is suitable for promoting or supporting racism, fanaticism, hatred, violence or illegal actions - in each case implicitly or explicitly;
g) harassing other Users or Authorized Persons, e.g. by making multiple personal contacts with no or no apparent will of the person concerned, unless it can be proven that they have legitimate interests of their own;
h) publicly distributing or reproducing any content available on the Platform that has not been posted by the User or Authorized Persons themselves, unless this has been expressly permitted;
i) taking any other actions that could impair the smooth operation of the Platform.
5.6 The User undertakes to compensate airrange for all damages resulting from the culpable non-compliance with the aforementioned obligations.
6.1 The contract of use shall have an indefinite term. With regard to the fee-based Service-Contents in the sense of the Subscription-Purchase, the term of these services corresponds to the User's selection in accordance with the time scope selected in the purchase process (specific term). The specific term of the Subscription-Purchase shall be automatically extended. in accordance with the provision pursuant to section 6.2 of these GTC.
6.2 The contract of use can be terminated at any time by either party with immediate effect via the airrange Platform. However, if the User still has a current term of a Subscription-Purchase, the termination is not ordinarily possible before the expiration of this term of the respective Service, but leads to the termination of the contract of use and the Service with the termination of the last specific term. If one of the parties does not terminate the subscription up to seven (7) calendar days prior to the expiry of the subscription (in accordance with section 6.1 of these GTC), the subscription shall be automatically extended by the same agreed term in each case.
6.3. Furthermore, the contract of use as well as the subscription may be terminated in writing by either party without notice for good cause.
An important reason for airrange, is in particular, but not exclusively, if...
a) the User fails to make due payments despite a reminder and the setting of a grace period or violates the contractual provisions regarding the use of the Service;
b) insolvency proceedings are initiated against the User's assets or the initiation of insolvency proceedings is rejected for lack of assets or similarly serious proceedings are initiated against the User;
c) the User violates his essential contractual obligations or another essential provision of these GTC, unless this breach is remedied within seven (7) calendar days after a notification by airrange
6.4 As an alternative to section 6.3, airrange may in such cases also only block the User's access to his account.
6.5 The notice of termination shall be sufficient in text form in accordance with section 126b Bürgerliches Gesetzbuch [German Civil Code] (hereinafter referred to as “BGB”).
6.6 Termination shall result in the dissolution of the contractual relationship between airrange and the user on the basis of these GTC (contract of use) and in particular, but not conclusively, in the blocking of access to the use of the Service. The User and airrange will immediately effect the winding up of existing rights and obligations in the sense of these GTC, so that the termination is promptly handled in an orderly manner.
6.7 After the end of the contract of use, the User will no longer have access to airrange via Microsoft Office 365.
7.1 airrange receives the following remuneration from the User for the fee-based part of the Service agreed upon within the scope of these GTC. The amount of the remuneration results from the subscription selected by the User in the Subscription-Purchase process (in particular according to section 4 of these GTC) or a subsequent upgrade or downgrade of the subscription (according to section 2.2 of these GTC).
7.2 The fees pursuant to section 7.1 of these GTC are to be understood as gross amounts (i.e. including the statutory value added tax). In the event of a binding purchase of the fee-based Service, the User is obligated to pay according to the selected payment process with immediate maturity. The various payment modalities can be found in the booking process on the website of airrange. If possible and chosen, airrange is entitled to use the credit card indicated in the booking or other payment methods indicated by the User.
7.3 The payment shall be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The use of Stripe is subject to Stripe’s terms and conditions.
8.1 airrange is aware of the sensitivity of personal data and observes the legal regulations on data protection when handling personal data of Users. The legal basis for this is in particular, but not conclusively, the Telecommunications Act (TMG), the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). For further information, please refer to airrange's privacy policy on the website.
8.2 airrange is allowed to collect, process, store and use the provided personal data as far as this is necessary for the purpose of the execution of the contract of use. This data is then used by airrange for providing the Service.
8.3 Unless otherwise regulated in these GTC, airrange will not pass on personal data without authorization under any circumstances. In addition, airrange shall provide Users with information about the personal data stored by it free of charge and without delay in accordance with the statutory provisions.
9.1 airrange guarantees the operational readiness of the Service according to the provisions of these GTC.
9.2 In the event that airrange’s Service is used by unauthorized third parties using the User's access data, the User shall be liable for any fees incurred as a result within the scope of civil liability until receipt of the User's order to change the access data or notification of the loss or theft, provided that the User is at fault for the access of the unauthorized third party.
9.3 The use of the Service of airrange is at the User's own risk.
9.4 airrange shall be liable for damages - regardless of the legal reason - within the scope of fault liability in the event of intent and gross negligence. In the case of simple negligence, airrange shall only be liable subject to a milder standard of liability in accordance with statutory provisions (e.g. for diligence in own affairs):
a) for damages resulting from injury to life, body or health;
b) for damages resulting from the not insignificant breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly relies and may rely) and compensation for damages caused by delay (section 286 BGB); in this case, however, airrange's liability is limited to compensation for the foreseeable, typically occurring damage.
9.5 airrange is not liable for the loss of data insofar as the damage is based on the User's failure to perform data backups and thereby ensure that lost data can be restored with reasonable effort.
10.1 When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which airrange informs about in accordance with the statutory template below. A sample withdrawal form can be found in section 10.2.
Instructions on Cancellation
Right of Revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract of use or the conclusion of the respective Subscription-Purchase.
To exercise your right of withdrawal, you must send us
airrange software GmbH
Sperberweg 7, 82152 Krailling
E-Mail: info@airrange.io
a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the Revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favourable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
10.2 airrange informs about the model withdrawal form according to the legal provision as follows:
Sample revocation form
(If you want to revoke the contract, please fill out this form and send it back to us.)
— To airrange software GmbH
Sperberweg 7, 82152 Krailling,
E-Mail: info@airrange.io
— I/we (*) hereby revoke the contract
concluded by me/us (*)
for the purchase of the following goods (*)/the provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Date
— Signature of the consumer(s) (only in case of notification on paper)
(*) Delete where not applicable
11.1 If the User as a consumer (pursuant to section 13 BGB) does not have his general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this legal relationship shall be the court responsible for the place of business of airrange. If the User is an entrepreneur (according to section 14 BGB), the exclusive place of jurisdiction for all disputes arising from this legal relationship shall be the court responsible for airrange's place of business - whereby airrange shall also be entitled to file suit at the User's general place of jurisdiction.
11.2 Unless otherwise stipulated in these GTC or in mandatory legal provisions, the user is not entitled to assign or otherwise transfer his rights under this contract to a third party in whole or in part without the prior written consent of airrange.
11.3 The law of the Federal Republic of Germany shall apply to these GTC and the contract of use to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.4 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. airrange is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11.5 Should individual provisions of these GTC and the contract of use be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions in principle. The User and airrange will make every effort to replace the invalid provision with one that most closely reflects the legal and economic purpose of the contract. The same applies in the event of a loophole.
