By clicking the "Add to ..." button, you (hereinafter: "Licensee") and us,
Yucca (hereinafter: "Licensor"), enter into a contract for the use of the
yuccaHR app (hereinafter: "App") under the following conditions. The app is
a web-based online application that enables the creation and implementation
of an onboarding journey for employees.
The licensor provides the licensee with the latest version of the app and
grants the licensee an unlimited, simple, non-transferable license to use
the app in the form of software as a service ("SaaS") on the Internet and
independent use on the end devices of the licensee or his representatives.
The licensee is not granted any further rights of use or exploitation of
the app. The licensee is not permitted to decompile or reproduce the app or
to take any actions that endanger the integrity of the app
A 90-day journey is available in the app as a template that can be
personalized by the licensee or his representative. The new employees
(users) can be sorted according to criteria.
The licensee assures that the new employees (users) are informed about
their rights and obligations in connection with the use of the app and that
they agree to these conditions before using the app.
The licensor provides the app for paid use as Software as a Service
("SaaS") on the Internet on its website, available at www.yuccahr.com, as well
as in the Slack App Directory and at its own discretion, without any right
to provision, available in other app stores. Delays in the provision of the
software by the respective app store are outside the area of responsibility
of the licensor and therefore do not constitute grounds for the licensee's
claims against the licensor or the licensee's right to terminate the
There is a fee for using the app. The prices stated at the time of the
order apply, as shown on the yuccaHR website. The prices displayed there
The licensee has the choice between monthly and annual billing. All
payments are due for payment with the invoice in advance.
The licensee must upgrade their contract with the next billing deadline.
The billing is based on the number of members in the slack workspace, ms
teams or other app store (as pointed out under section 2 of this terms of
4. Usage of data
The licensor collects and uses data in connection with the use of the app
by the licensee in accordance with its current data protection guidelines
The licensee is responsible for the data and information provided in the
app. The licensor has no influence on the content that is fed into the app
by the licensee or his representatives. The content is therefore not
curated by the licensor.
The licensee assures that he is entitled to use the respective data and
information in connection with the use of the app and to feed it into the
app. This applies in particular to the (personal) data of employees
(users). Furthermore, the licensee assures that no information or data are
fed into the app that are glorifying violence, that are slanderous, racist
or pornographic and that by their acquisition, use, availability or
otherwise do not violate applicable laws. The licensee releases the
licensor from third party claims for the data and information fed in by him
or his representatives, will fully support the licensor in legal defense
and will bear the costs of legal defense of the licensee.
The licensor guarantees that the app corresponds to the contractual
that its use by the licensee to the contractually agreed extent in the
country of the licensor of the app and does not conflict with any
third-party rights. After one year from the time of making the app
available to the licensee, this only applies if the licensee can prove that
the app was not in a contractual condition at the time of making it
The app provided by the licensor essentially corresponds to the product
description. Claims for defects do not exist in the event of an
insignificant deviation from the agreed or assumed condition and if the
usability is negligibly impaired. Product descriptions are not a guarantee
without a separate written agreement. In the case of update, upgrade and
new version deliveries, claims for defects are limited to the innovations
in the update, upgrade or new version delivery compared to the previous
The licensor is also liable, including for his legal representatives and
vicarious agents, only in the event of (a) intent or gross negligence, (b)
injury to life, limb or health, (c) to the extent of a guarantee he has
assumed and at its applicability (d) according to the Product Liability
The liability of the licensor for slightly negligent breaches of duty,
which are essential for the achievement of the purpose of the contract
(this means the breach of obligations, the fulfilment of which is essential
for the proper execution of the contract and on the observance of which the
other party regularly relies on and may rely on), is limited to the amount
of damage that is foreseeable and typical according to the type of
7. Improper use
The licensor reserves the right to investigate the processes in the event
of suspected misuse or significant breaches of contract, to take
appropriate precautions and, if there is a reasonable suspicion, to grant
the licensee or user access to the content - at least until the licensee
clears suspicions or of the user - to block and / or to terminate the
contractual relationship without notice if there are particularly serious
violations. If the licensee or user clears the suspicion, the block will be
lifted. The licensee must immediately notify the licensor of any improper
use of the service offering.
The licensee or user must compensate the licensor for the damage resulting
from the breach of duty, provided that the customer or user is responsible
for the breach of duty.
8. Duration and termination of the contract
at any time. The licensor shall be entitled to cancel or change the free
plan at any time at his own discretion without replacement or, after prior
reasonable notice, to make future use dependent on a fee.
an indefinite period. Both parties have the right to terminate the contract
at any time without reason at the end of the next month.
at any time through out that year with effect to end of the year. No
refunds will be given. If the licensee does not terminate these terms of
use 30 days before the end of the year, the agreement will be renewed for
another year after the end of the previous year.
After termination of this contract, the licensor is entitled to block the
access of the licensee.
9. Closing provisions
Only German law applies to this contract, with the exclusion of UN sales
law and the exclusion of conflict of laws rules.
Place of jurisdiction is Düsseldorf, Germany.
The parties agree that before recourse to state courts, a private dispute
resolution procedure between parties shall take place as follows: In the
event of a dispute, one of the parties shall state its concerns in a letter
(for example registered letter or e-mail) invoking this clause. The other
party then may respond to this letter within one month. If it does not do
so, the way to state courts shall be opened. If the other party responds to
the other party's request, this party has the right to react within one
month. If no solution is found within six months at the latest, the way to
state courts shall be opened.
Should individual provisions of this contract be or become ineffective in
whole or in part, or should there be a gap in the contract, this shall not
affect the validity of the remaining provisions of the contract. Instead of
the ineffective provision or to fill in the gap, there should be an
appropriate regulation that, as far as legally possible, comes closest to
what the contracting parties wanted or would have wanted according to the
meaning and purpose of this contract if they had considered the matter.