Terms of Use

1. Scope of application

1.1 The provider of the Switchboard API platform (hereinafter "API platform"), which can be accessed at https://www.switchboard-api.de, is Switchboard GmbH (hereinafter "Switchboard" and/or "we"). We make our API platform available for use by entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. Use of the API platform by consumers within the meaning of § 13 BGB is not permitted.

1.2 These Terms of Use contain the terms and conditions for the use of the API Platform and apply between Switchboard and the customer (hereinafter "Customer"). Our terms of use apply exclusively. Any terms and conditions of the customer that conflict with, supplement or deviate from these Terms of Use shall not become part of the contract unless we have expressly agreed to their applicability. Our Terms of Use shall also apply if we perform a service without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.

2. Our services

2.1 The API platform is a platform through which customers can obtain and use products or services offered by Switchboard relating to software or data (hereinafter referred to as "Software Services").

2.2 Switchboard's services (hereinafter the "Switchboard Services") consist in particular of:

2.2.1 Provision of the usage options of the API platform after registration of the customer in accordance with Clause 4;

2.2.2 Creation of a user account on the API platform after registration of the customer according to clause 4;

2.2.3. providing software services on the API platform;

2.2.4. enabling the conclusion of contracts for the purchase of software services.

2.3 We are entitled but not obligated to continuously develop the API Platform. The further development of the API Platform may lead to an extension and/or modification of the API Platform with the consequence that new functionalities are available, existing functionalities are optimized in their operation and/or user guidance or the data management is adapted to the state of the art.

2.4 Furthermore, we are entitled but not obligated to make new applications, tools, features or functions available via the API Platform and to regularly add new services to the API Platform.

3. Availability of the API Platform

3.1 Switchboard uses IBM API Connect to host the API Platform and provide Switchboard Services.

3.2 The availability of the API Platform is 99% on a monthly average. Available usage (availability given) also includes periods during.

3.2.1. disruptions in or due to the condition of parts of the technical infrastructure required for the execution of the API Platform not to be provided by us or our vicarious agents;

3.2.2. an only insignificant reduction in the suitability for the contractual use;

3.2.3. maintenance work in accordance with section 3.3.

3.3 Maintenance work may take place on working days in the time window from 4 to 10 pm.

3.4 The API platform and the customer's profile contents are backed up on our server regularly, at least once a week.

3.5 The transfer point for the API platform and the customer's profile content is the router exit of our data center.

3.6 We are not responsible for the quality of the required hardware and software on the part of the customer and for the telecommunication connection between the customer and us up to the transfer point.

4. Registration and access to the API platform

4.1 The usage relationship comes into effect with the registration of the customer on the API platform through the creation of a user account and the activation of the user account through an activation link, which the customer receives by e-mail from Switchboard after the creation of the account. Within 14 calendar days after the activation of the link, the customer will receive a confirmation in text form from Switchboard.

4.2 A registration can only be made by a natural person on behalf of the customer. When registering, the customer must provide the following data: First and last name and e-mail address of an administrator appointed by the customer (hereinafter "Administrator"). The administrator shall also set a password (hereinafter "Master Login").

4.3 There is no entitlement to admission or use of the API platform.

4.4 Via the master login, the administrator has the option of granting employees in the customer's company (hereinafter "end user") their own access authorization. The Administrator is authorized to grant and revoke access authorizations for End Users.

4.5 The Administrator is responsible for ensuring that the information provided to Switchboard, in particular in the course of registration pursuant to section 4.2, is true and complete. He undertakes to notify Switchboard immediately of any future changes to the information provided. The same applies to all information provided by the administrator when setting up end user logins. A change of administrator must be notified to Switchboard in text form by the customer's legal representative upon request; the legal representative must provide proof of his authorization to represent the customer.

4.6 All logins are individualized and may only be used by the respective authorized user. The password must be kept strictly secret and protected against unauthorized access by third parties. The Customer shall also be responsible for keeping the end user logins secret and shall instruct the end users accordingly. In the event of suspected misuse by a third party, the customer shall inform Switchboard thereof without delay. As soon as Switchboard becomes aware of the unauthorized use, Switchboard will block the unauthorized user's access. Switchboard reserves the right to change the login and password of a user; in such a case, A will inform the user of this immediately.

4.7 Switchboard is not liable for the damage that may be caused to the customer by the unauthorized use of the user account by third parties.

5. Rights and obligations of the customer

5.1 The customer is obligated to,

  1. 5.1.1. to set up and maintain the necessary data security precautions during the entire term of the contract. This essentially refers to the careful and conscientious handling of logins and passwords;
  2. 5.1.2. to notify Switchboard immediately of any technical changes occurring in its area if they are likely to affect the provision of services or the security of Switchboard's API platform;
  3. 5.2.3. to cooperate in the investigation of attacks by third parties on the API platform, insofar as such cooperation by the customer is required;
  4. 5.2.4. to conduct business on the API platform exclusively within the scope of commercial business operations for commercial purposes.

5.2 The Customer undertakes to refrain from all actions that endanger or disrupt the functioning of the API Platform and not to access data to which he is not entitled to access.

5.3 The user undertakes to compensate Switchboard for all damages resulting from his failure to comply with the obligations regulated in this clause 5 and, in addition, to indemnify Switchboard against all claims of third parties, including legal fees and court costs, which they assert against Switchboard due to the customer's failure to comply with these obligations.

6. Data protection

6.1 By registering in accordance with section 4, the customer warrants to Switchboard that the customer will comply with the requirements of data protection law with respect to the data transmitted by the customer and indemnifies Switchboard against any claims, including claims under public law.

6.2 In addition, the data protection provisions for the API platform apply. These can be found here.

7. Free use of the API platform

The use of the API platform and the creation of a user account is free of charge for the customer; the user must only agree to the validity of these terms of use.

8. Final provisions

8.1 If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the business relationship between us and the customer shall be our registered office in Stuttgart, Germany. We shall also be entitled to bring an action at the customer's place of business as well as at any other admissible place of jurisdiction.

8.2 The relationship between us and the customer shall be governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) shall not apply.

Status: 09.03.2022