Terms of Service

Version 1.1, published July 29, 2020

About These Terms of Service

Thank you very much for your interest in our terms and conditions. We have intentionally kept them simple and clear so that you know what you are getting into when you buy, subscribe to or use our products - they become part of our contract. "We", that is Sidequest GmbH - the provider of Sidequest. You can find our contact details in the imprint.  "You" refers to our contractual partner, i.e. the operator of the Slack Workspaces in which Sidequest is used.

In any case, only these terms of service apply. We do not accept the inclusion of your own terms of service. Should it become necessary to update these terms of service, for example for legal reasons or due to changes to our product, we will inform you of this by e-mail. You then have the possibility to cancel our contract. Otherwise the changes will become valid.

Sidequest is a paid service that you can integrate into your Slack Workspace as an extension. For this you use the Slack function to install an app. At this moment a legally binding contract between the operator of the Slack Workspace and us comes into effect. This is also the case if you are not the administrator of the Slack Workspace.

You have no right to demand that we provide Sidequest for your workspace - we can refuse your installation request without giving reasons.

What You Can Expect from Us

Product Functionality

After you have installed Sidequest in your Slack Workspace, all users in your Workspace can use Sidequest. Sidequest is a product that allows you to manage tasks in your workspace. With Sidequest you can create and receive tasks for yourself, team members or whole teams. The task description as well as the status is visible for all involved users. You can also exchange messages about the tasks.

Sidequest is constantly being further developed. Within this process, functions can change, new ones can be added and existing ones can be dropped. If we remove a feature that is important for your use of the product, please contact us so that we can find a solution for you.

We may also use subcontractors to provide Sidequest. If this is relevant to your privacy, we will indicate this in our Privacy Policy and Data Processing Agreement.

Availability and Support

Sidequest is available 24 hours a day, 365 days a year with an average availability of 97%. In addition, Sidequest is not available during necessary maintenance work. If planned maintenance takes longer than 15 minutes, we will inform you in advance if possible.  Sidequest is also dependent on the availability of Slack and the Slack interfaces. If Sidequest fails because problems occur outside of our control (e.g. within Slack), we cannot be held responsible for this.

Sidequest is only available on devices that are supported by Slack. Some functions may not be available on all devices. If technical problems occur, please report them to hello@getsidequest.app. We will then try to support you at short notice. We also provide a help section on our website. Personal support is only available if it was explicitly purchased as part of a subscription.

General Liability

We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence on the part of our employees or agents in accordance with the statutory provisions. In cases of slight negligence, we shall only be liable for breach of material contractual obligations, limited to compensation for foreseeable and typical damages. The same applies to breaches of duty by agents. Liability for damages not typical for the contract and consequential damages caused by defects as well as for all other cases is excluded. The liability for damages resulting from injury to life, body or health remains unaffected by the above limitations and exclusions of liability.

Liability for User Generated Content

Users of Sidequest have the possibility to publish self-generated content (e.g. titles and descriptions of tasks) within the context of various functions of Sidequest. We only provide the function for this, but we have no influence on the content, nor do we check the content before it is published or accept liability for it. We do not control or change content, but reserve the right to delete content if it is illegal or unacceptable for other reasons. In this case we are also allowed to exclude single users or whole workspaces from using Sidequest. Your interests will be taken into account appropriately.

Limitation

Your liability claims shall become statute-barred one year after the start of the statutory limitation period. This does not apply to damages that we or our agents have caused intentionally, as well as to claims in tort.

What We Can Expect from You

Correctness of the Data You Provide

You must ensure that the information you provide during registration, such as name, address, e-mail address and payment method details, is correct. You must inform us immediately of any changes to this data. You must also ensure that the e-mails we send you can be received (especially when using spam filters).

Confidentiality of Your Access Data

You are obliged to protect your access data to Sidequest and Slack against unauthorized use by third parties and to keep them secret. You have to inform us immediately via e-mail if you have reasonable suspicion of abuse.

No Misuse

You're responsible for how you use Sidequest. You may not misuse Sidequest. You must refrain from all activities that are designed to render Sidequest inoperable, manipulate it or make its use more difficult.  All activities which violate the law, infringe the rights of third parties or violate the principles of protection of minors are prohibited.

Compensation

We have claims for compensation against you, if you violate the above mentioned obligations and if we suffer damage as a result. In such cases, in addition to refraining from further violation, you are obliged to compensate for the damage that has arisen and will arise, and to keep us free and indemnified from any claims for damages and reimbursement of expenses by third parties caused by the violation.

Subscription, Pricing and Cancellation

We can offer Sidequest in different subscription models, which we will explain to you in detail during installation or payment. Unless otherwise agreed, billing will take place at the beginning of each billing period. The payment is made by credit card via our payment provider.

Subscription pricing is subject to German VAT (16% until December 31, 2020, then 19%), unless you are an international business customer and provide us with a proof of your B2B status, e.g. a valid Tax ID or VAT ID.

Some subscription models include a free trial period during which you can use Sidequest without paying for it. We will inform you before the end of the test period so that you can decide whether you want to use Sidequest for a subscription fee.

If a subscription fee is based on the number of users in your Slack workspace, we use a count provided by Slack to calculate your subscription fee. All users in your workspace that have not been deleted, that are no Slack bots and no single-channel guests are being factored in. We count once when your payment is due, and use this count for the whole upcoming billing period. As Slack does not provide us with the required information, we cannot apply the Slack Fair Billing policy, i.e. we cannot identify and ignore inactive users.

The subscription continues to run automatically until you or we cancel it.

You can cancel at the end of each billing period via our customer portal or by e-mail without notice. In the event of termination, there will be no refund of any amounts already paid. You can still use Sidequest until the end of the paid billing period. Uninstalling the Sidequest app from your Slack workspace also results in a cancellation of your subscription.

If you are in delay with your payment or if you violate these terms of service, we are entitled to cancel your subscription immediately after prior information without waiting for the end of the current billing period. In addition, we are entitled to cancel your subscription at any time without giving any reason at the end of the current billing period.

Regardless of the party cancelling or the reason for cancellation, Sidequest will no longer be available to you after the end of the subscription. Your data will be deleted at the latest 60 days after your subscription has ended. We will not be able to restore it anymore then.

Final Provisions

The law of the Federal Republic of Germany applies to our legal relationship. Exclusive place of jurisdiction for all possible disputes arising from the business relationship is Munich.

Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract. The parties undertake to replace the ineffective or void provision by an effective provision which comes closest to the intended economic purpose. The same applies in the event of an omission.

Addendums

Data Processing Agreement