Terms and Conditions

1. Scope and provider

These Terms and Conditions apply to contracts for the use of the specialist web application Funerivo between Olaf Strobel, Am Bahnhof 1, 66287 Quierschied, Germany (hereinafter the ‘Provider’), and the respective customer.

The service and its use are intended exclusively for businesses within the meaning of § 14 BGB (German Civil Code) that enter into the contract in the course of their commercial or independent professional activity (B2B). Use for private purposes by consumers within the meaning of § 13 BGB is not intended. Authorised staff use Funerivo through the customer's business access.

Individually agreed provisions take precedence over these Terms and Conditions. Any differing terms and conditions of the customer apply only if the Provider expressly agrees to their application.

Contact: info@funerivo.com, telephone +49 (0) 6897 680431. Further provider details can be found in the Legal notice.

2. Conclusion of contract and consumer right of withdrawal

Product information and prices on this website are provided for information. An enquiry through the contact form is non-binding and creates neither a paid usage contract nor user access.

The usage contract is concluded through acceptance of an individual offer. The scope of services, fees, start date and any trial conditions are set out in the offer or order confirmation. These Terms and Conditions are provided to the customer before the contract is concluded and are incorporated into the contract.

Trial access is agreed separately following a personal review and introduction. Free trial access does not become a paid contract without express agreement.

When entering into a contract as a business, there is no statutory consumer right of withdrawal under § 312g in conjunction with § 355 BGB. Any expressly agreed right of withdrawal or rescission, as well as statutory rights of rescission and termination, remain unaffected.

3. Services and professional responsibility

Funerivo helps funeral businesses organise funeral case files, tasks, responsibilities, internal planning dates, documents and records. The agreed offer determines the scope of services owed.

The Provider makes the application available over the internet for the agreed contract term. The customer needs suitable devices, a supported current browser and an internet connection. A specific availability rate is owed only if expressly agreed. Where possible, necessary maintenance work will be announced with reasonable notice.

Planning aids, legal references and prepared documents do not replace a professional or legal review of individual cases. In particular, the customer checks statutory deadlines, local requirements and generated outputs before using them. The Provider's agreed service obligations remain unaffected.

The application may be adapted for maintenance, security and further development. Agreed essential features may not be removed as a result without a corresponding agreement.

4. Usage rights and customer obligations

For the contract term, the customer receives a non-exclusive, non-transferable right to use Funerivo for its own business purposes with the agreed user accounts. Provision to other businesses requires a separate agreement.

The customer manages staff permissions, keeps access credentials confidential and promptly revokes access that is no longer needed. Any indications of misuse or a security incident must be reported to the Provider without undue delay.

The customer may upload only data and documents that it is authorised to process. Unlawful content, circumvention of access restrictions and interference with the application's security or operation are prohibited.

Where there are specific indications of significant misuse or an immediate security risk, the Provider may temporarily block affected accounts insofar as necessary and proportionate. The customer will be informed unless this would jeopardise the protective measure. The block will be lifted as soon as its grounds cease to apply.

5. Fees and user numbers

The monthly usage fee agreed in the offer and any agreed one-off setup fee are authoritative. All prices are net, plus statutory VAT. An overview is available under Pricing.

The monthly price is based on the agreed active Funerivo user accounts. Any change in user numbers and the resulting fees is agreed with the customer. Partner terms apply where agreed.

The billing period and payment deadline are set out in the offer or invoice. Price changes require agreement; merely changing the public pricing page does not change an existing contract.

6. Data protection and confidentiality

The parties comply with the applicable data protection requirements. The customer is responsible for the lawfulness of the processing it initiates. Insofar as the Provider processes personal data on the customer's behalf, the parties conclude a separate data processing agreement under Art. 28 GDPR before this processing begins.

The data processing agreement governs, in particular, instructions, technical and organisational measures, subprocessors used, and the return and deletion of data. The Provider's own statutory and contractual data protection obligations remain unaffected.

The parties treat non-public business and access information confidentially. Statutory disclosure and retention obligations remain unaffected. Information about processing on this website can be found under Privacy.

7. Term, termination and end of contract

The contract start date, term and ordinary notice periods are set out in the individual offer. Statutory provisions apply unless a different valid agreement has been made.

Both parties' right to terminate for good cause remains unaffected. Notice of termination may be given in text form, in particular by email, unless another form is legally required.

The right of use ends when the contract ends. The return and deletion of customer data are governed by the usage contract and, where applicable, the data processing agreement. Statutory retention obligations and the customer's rights remain unaffected.

8. Disruptions and defects

The customer reports identifiable disruptions, where possible with a description of the affected process, to info@funerivo.com. The Provider investigates reported disruptions and remedies defects in accordance with its statutory and contractual obligations.

The customer's statutory rights in the event of defects, including any rights to a price reduction, rescission and termination, remain unaffected. The following liability provisions apply to damages and reimbursement of wasted expenditure.

9. Liability and annual liability cap

9.1 Unlimited liability

The Provider has unlimited liability for intent and gross negligence, culpable injury to life, body or health, fraudulent concealment of a defect, and under an expressly assumed guarantee to the extent of that guarantee. Mandatory statutory liability, in particular under the German Product Liability Act or for non-excludable claims under the GDPR, remains unaffected.

9.2 Essential contractual obligations

In cases of ordinary negligence, the Provider is liable for a breach of essential contractual obligations for foreseeable loss typical of the contract at the time of conclusion. Essential contractual obligations are obligations whose fulfilment is necessary for proper performance of the contract and on whose observance the customer may regularly rely. The cap under clause 9.3 does not apply to this liability.

9.3 One monthly fee in total per contract year

For ordinarily negligent breaches of non-essential contractual obligations, the Provider's total liability per contract year is limited to one contractually agreed monthly net usage fee for Funerivo. This cap applies jointly to all losses covered by this clause whose loss-causing event occurs in the same contract year; it does not apply afresh to each individual claim.

A contract year is each period of twelve months from the agreed contract start date. The cap is determined by the monthly net usage fee agreed for the month of the first loss-causing event in the relevant contract year. Agreed partner terms or discounts are taken into account. VAT, one-off setup fees and separately charged additional services are not included.

Statutory liability provisions apply to expressly free trial access without an agreed monthly usage fee. Liability under clauses 9.1 and 9.2 is neither limited by nor counted towards the annual cap.

9.4 Scope of application

The above provisions also apply to reimbursement of wasted expenditure and for the benefit of the Provider's legal representatives and persons engaged in performing its obligations. Mandatory statutory claims and the other rights relating to defects referred to in clause 8 remain unaffected.

10. Final provisions

German law applies. Mandatory statutory provisions remain unaffected.

Changes to these Terms and Conditions will be notified to the customer before their agreed application. Merely publishing a new version on the website does not change an existing contract.

If a provision of these Terms and Conditions is invalid or does not become part of the contract, the statutory consequences under § 306 BGB apply. In all other respects, the contract remains valid unless the law provides otherwise.