The agreement shall be concluded between Deutsche Telekom AG (hereinafter referred to as Deutsche Telekom), Friedrich-Ebert-Allee 140, 53113 Bonn, Germany (registered with Bonn District Court HRB 6794) and the customer, who is an entrepreneur as defined in § 14 of the German Civil Code (Bürgerliches Gesetzbuch – BGB).
The subject matter of this agreement is specified in these general terms and conditions, the Apache License 2.0 and the service specifications, price lists and any additional conditions that apply to those services, which are part of this agreement. They govern service provision as well as the provision of Deutsche Telekom software development kits.
Subject to technical and operational feasibility, Deutsche Telekom shall provide the following Developer Garden services:
Provision of the Deutsche Telekom Developer Portal
Provision of services for incorporation into customer applications
Provision of software development kits to incorporate services into customer applications
These services shall be provided in connection with the German Telecommunications Act (TKG).
You need to have an internet connection to use Developer Garden. This is not part of this agreement.
This agreement shall commence once the customer has registered and Deutsche Telekom has provided the services.
Deutsche Telekom shall grant the user the non-exclusive, transferable right free-of-charge to use the software development kits for the purpose of incorporation into the user's own applications, to modify said kits and to pass these on in the original or modified version free-of-charge to third parties.
All software development kits and the libraries integrated into them are subject to the Apache License 2.0 license terms and conditions. The Apache License 2.0 license Typography is included in the software development kit as a Typography file in English.
The customer has the right to provide services to third parties in its own name and to invoice these services. However, the customer shall bear sole responsibility vis-à-vis Deutsche Telekom for proper and appropriate use of said services. The customer shall pay any charges incurred by third parties who use these services with its consent.
The following duties in particular are incumbent on the customer:
For any direct debit not honored or returned, the customer shall reimburse Deutsche Telekom for the costs incurred to the extent that the customer was responsible for the event giving rise to the costs.
The customer shall not make improper use of the services provided, in particular
The customer shall not send any legally prohibited and unsolicited information, material or other services, including unrequested and uninvited advertising by email, fax, telephone, or SMS, or illegal dialer programs.
The customer shall not establish unlawful contact using telecommunications services (§ 238 of the German Penal Code [Strafgesetzbuch – StGB]).
The customer shall not convey or post on the internet any information that is illegal or in violation of accepted moral standards, nor may reference to such information be made. This shall include, in particular, information that, as defined in §§ 130, 130a and 131 StGB, incites hatred and violence against segments of the population, induces the commission of criminal offenses or glorifies or trivializes violence, is sexually offensive, is pornographic within the meaning of § 184 StGB, is apt to seriously endanger the moral welfare of children or juveniles or to affect their general welfare, or that could damage the reputation of Deutsche Telekom. The provisions of the Agreement of the German Federal States regarding the Protection of Human Dignity and Juveniles in Radio and Televised Media (Jugendmedienschutzstaatsvertrag – JMStv) and the Juvenile Protection Act (Jugendschutzgesetz) shall be complied with.
The customer shall ensure that the use of individual functions and, in particular, the creation or sending of messages does not cause any disruption to Deutsche Telekom, other providers or any other third parties.
The customer shall not establish calls that result in payments or other considerations from third parties to the customer.
The customer shall observe national and international copyrights, trademark, patent, and name and labeling rights, as well as other industrial rights and personal rights of third parties.
Platform components and the Deutsche Telekom network may not be overloaded due to excessive use. In particular, the customer shall take the appropriate measures in its software application to prevent excessive use of the platform, e.g., by using automatic identification programs (bots, spiders) or unchecked data entries (e.g., empty or invalid input parameters).
Personal access data (e.g., user ID, password) may not be provided to third parties and must be kept in a location that is protected against third-party access. The data should be changed upon first-time use of the service and then at regular intervals for security reasons. If there is reason to suspect that the access data has been disclosed to unauthorized persons, the customer must change this data immediately. Such data may only be stored on electronic storage media (e.g., PC, USB memory stick or CD-ROM) in encrypted form.
Should any personal data be collected, processed or used by the customer in connection with the use of Developer Garden services and a statutory requirement to obtain consent does not apply, the necessary consent of the party involved must be obtained. The customer shall be responsible for complying with the applicable requirements under data protection legislation when using these services.
Deutsche Telekom and its agents shall be indemnified against all claims by third parties that are based on the illegal use of Developer Garden and the services connected with Developer Garden by the customer or with its consent, or which arise, in particular, from litigation involving data protection, copyright, or other laws in conjunction with the use of Developer Garden. If the customer realizes or can be expected to realize that a violation of this type is about to occur, he shall be obligated to notify Deutsche Telekom without undue delay.
The customer does not have the right to edit, copy, distribute, make public, promote or use the content provided within the scope of this contractual relationship (such as result records) or any part thereof in any form for purposes other than those stated in this agreement, e.g., uploading content onto file sharing systems or for commercial purposes such as internet tickers or SMS services. By using this content for commercial purposes, the customer not only violates its contractual obligation to Deutsche Telekom but also infringes upon the rights of third parties and therefore may also have to make compensation payments to third parties.
Customers using the Local Search service are under the obligation to integrate the graphic "powered by suchen.de" with a link to suchen.de on those internet portals into which the Local Search function has been integrated or on which result records and linked result records are offered. Deutsche Telekom shall provide the contractual partner with the relevant graphics in different sizes.
Deutsche Telekom reserves the right to block access to Developer Garden should the customer initiate an illegal violation against any of the essential obligations set forth in this agreement. Access shall be restored only if the violation of the essential obligation concerned has been permanently rectified or the danger of repeated violation has been ruled out by submitting to Deutsche Telekom an appropriate declaration with penalty clause stating that such violation shall no longer occur.
The customer can post credit into an individual credit account provided by Deutsche Telekom by prepaying a specified amount. Credit shall be booked immediately after posting.
The customer can post credit into its credit account at any time. The customer can use any posted credit during the duration of this agreement by using the Developer Garden services subject to a charge.
If using a credit card to post credit, the customer shall accept the invoice for the amount posted. This amount shall be invoiced by the credit card company indicated by the customer. The customer’s credit card shall be charged after the specified amount has been posted in the credit account.
If the customer has no more credit remaining in its credit account, the services shall not be provided. The services shall be released for use within approx. 24 hours after the customer has posted more credit, giving the customer a positive balance in its account.
Charges shall be payable upon service provision and shall be debited from the customer’s credit account.
The posted amounts shall be payable upon successful completion of the posting process. Payment shall be made by credit card.
The customer may only offset undisputed or legally enforceable claims. The customer shall be entitled to assert a right of retention only for counterclaims arising from this agreement.
If there is any price regulation, Deutsche Telekom shall be obligated to agree only those charges or price-relevant elements of the General Terms and Conditions and Service Specifications that the Federal Network Agency has approved, reviewed, or decreed by way of order. Agreements containing other prices or price-relevant elements shall be effective provided that the approved, reviewed, or decreed price or price-relevant element replaces the agreed price or price-relevant element. Deutsche Telekom shall notify the customer in writing about any such changes.
In the case of price increases or other changes to the customer's disadvantage, the customer shall have the right to terminate the agreement with effect from the time the change goes into effect. Deutsche Telekom shall make specific reference to this special termination right in the change notification. Notice of termination must be received within six weeks after receipt of the notification.
If Deutsche Telekom intends to make any changes to the General Terms and Conditions, Service Specifications, or charges, the customer shall be notified in writing no later than six weeks prior to the effective date of the changes. Any change made to the General Terms and Conditions or Service Specifications, and any increase to charges shall entitle the customer to terminate the agreement without notice, effective from the time the change enters into force. Deutsche Telekom shall make specific reference to this special termination right in the change notification.
If the customer does not terminate the agreement in writing within six weeks after receipt of the change notification, the changes shall become part of the agreement effective from the time they enter into force.
Deutsche Telekom has the right to block customer access to activated services if the customer is in arrears with its payments. If the customer fails to pay the outstanding amount by the specified deadline, despite a second request for payment, Deutsche Telekom may terminate the agreement without notice.
Deutsche Telekom reserves the right to assert any other claims arising from a default in payment.
For software development kits and Sandbox Deutsche Telekom and/or its license provider is/are not liable for functionality, particularly for any errors in the software development kits or whether or not these are appropriate for particular purposes or objectives, meet individual demands or function seamlessly without glitches.
Neither Deutsche Telekom nor its license provider guarantee that the software installation shall be compatible with the customer's operating system or that it shall not cause damage to said operating system. Should the user experience data loss upon using the software, Deutsche Telekom is only liable for any resulting damages to the extent that the user has backed up its data in an appropriate form and at suitable intervals or at least once a day so that these can be recovered with a reasonable amount of effort. Deutsche Telekom is only liable for damage to materials and defects of title in case of fraudulent concealment. The provisions set forth in Item 12 shall apply to any claims for damages.
Deutsche Telekom shall be liable in accordance with the provisions set forth in the TKG for any damage caused by the use of telecommunications services provided for the public.
Deutsche Telekom is fully liable for all damage caused by and attributable to use of the software development kit and Sandbox in the case of intent and gross negligence as well as a result of any missing features that were guaranteed as part of the service. In the event of negligence, Deutsche Telekom shall be fully liable in the case of injury to life, limb or health.
Liability shall otherwise be excluded, although liability in accordance with the Product Liability Act shall not be affected hereby.
Deutsche Telekom shall be fully liable in cases of intent, gross negligence or the lack of a guaranteed feature.
In the event of slight negligence, Deutsche Telekom shall be fully liable in the case of injury to life, limb or health. If, as a result of slight negligence, Deutsche Telekom fails to perform its service on time, if it has become impossible to perform the service, or if Deutsche Telekom has failed to comply with an essential obligation, liability for any damage to property or pecuniary damage caused thereby shall be limited to foreseeable damage that is typical for the agreement. This shall also apply to lost profit and unachieved savings. An essential obligation shall be an obligation which must be fulfilled for the proper performance of the agreement, the infringement of which jeopardizes the achievement of the purpose of the agreement, and which the customer can normally rely on being complied with. Liability for any less direct follow-up damage due to defects shall be precluded.
In the event of a loss of data, Deutsche Telekom shall be liable only for the necessary cost of recovering the data in cases where the customer has properly backed up the data. In the event of slight negligence on the part of Deutsche Telekom, this liability shall apply only if the customer properly backed up the data on a daily basis.
The limitation of liability contained in these terms and conditions is not applicable to claims under the Product Liability Law.
Deutsche Telekom accepts no liability for occurrences of force majeure that significantly aggravate contractual performance or temporarily hamper or render impossible the due implementation of the agreement by Deutsche Telekom. Force majeure shall be deemed to include all circumstances that are independent of the intention and influence of the parties, such as natural disasters, governmental measures, decisions by authorities, blockades, war and other military conflicts, mobilization, internal unrest, terrorist attacks, strikes, lockouts, and other work-related unrest, confiscation, embargoes, epidemics, pandemics, or other circumstances that are unpredictable, serious, and not attributable to the parties and that occur following the conclusion of this agreement.
If one of the parties is prevented from fulfilling their contractual obligations due to force majeure, this shall not be considered to be a violation of the agreement and the periods set out in the agreement or on the basis of the agreement shall be extended accordingly, depending on the duration of the impediment. The same shall apply if Deutsche Telekom depends on the service of a third party and this service is delayed as a result of force majeure.
The agreement for Developer Garden and individual services may be terminated by either party with effect from the end of any business day. For any termination to be effective, Deutsche Telekom or the customer must be notified in writing or by email of said termination at least six weekdays prior to the date of termination. The customer should send a notice of termination via email to the following address: info@developergarden.com. Saturdays are not deemed to be weekdays.
The customer can also order or cancel individual services electronically by selecting them using the command button specified for that service in Developer Garden. The service shall then be activated or canceled as quickly as possible. The customer shall be sent an email confirming that the service has been activated or canceled.
Customers with access to free services through Sandbox may use these services until such time as Deutsche Telekom cancels them. Deutsche Telekom has the right to cancel assigned rights of use at any time without reason. Deutsche Telekom shall deactivate access once a service has been canceled.
The right to termination for good cause without notice shall not be affected. In particular, Deutsche Telekom considers good cause to exist if the customer substantially infringes upon the obligations specified in these GT&Cs.
The contractual relationship regarding individual services shall also be terminated upon termination of an agreement for Developer Garden.
If Deutsche Telekom processes personal data for the customer, Deutsche Telekom shall be entitled to outsource the processing of such data to subcontractors in Germany or abroad without the prior consent of the customer. The subcontractors shall only process the personal data according to Deutsche Telekom's instructions and implement data security measures that at least meet the standard Deutsche Telekom owes to its customers.
The customer must ensure that the necessary legal requirements for data protection are met, particularly the requirement to inform affected parties accordingly.
Deutsche Telekom shall ensure a sufficient level of data protection when working with subcontractors outside the European Economic Area.
The contractual relations shall be governed by German law.
If the customer, in turn, uses the contractually agreed services to provide telecommunications services for the public, the "Additional Terms and Conditions for Providers of Telecommunications Services for the Public" shall also apply.
The customer shall not be entitled to transfer the rights and obligations under this agreement to a third party without the prior written consent of Deutsche Telekom.
A generally accessible, complete, and valid price list is available online at www.telekom.de/agb.
If the customer intends to initiate arbitration proceedings with the Federal Network Agency (Bundesnetzagentur) in the event of a dispute with Deutsche Telekom concerning any of the cases specified in § 47a TKG, it must file an application to this effect with the Federal Network Agency in Bonn.
Deutsche Telekom shall be entitled to provide the services by subcontracting work to third parties (subcontractors). Deutsche Telekom is liable for any services provided by subcontractors to the same extent that it is liable for its own actions.