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5sDesk

General Terms and Conditions

Last updated: 3 October 2026

This is a translation for convenience. The German version is legally binding.

§ 1 Scope

  1. These General Terms and Conditions (GTC) apply to all contracts for the use of the software 5sDesk (hereinafter “5sDesk”) between SWT Media & Software GmbH, Nürnberger Str. 7, 15738 Zeuthen, Germany (hereinafter “Provider”) and its customers.
  2. 5sDesk is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. No contracts are concluded with consumers. This also applies to free trial accounts.
  3. Deviating terms of the Customer apply only if the Provider expressly agrees to them in text form.

§ 2 Services

  1. 5sDesk is a customer communication software (helpdesk, CRM, task management, time tracking, customer portal) which the Provider makes available as Software as a Service (SaaS) via the internet. The exact scope of services is determined by the booked plan and the service description on 5sdesk.com at the time of booking.
  2. The data is stored and processed on servers within the European Union.
  3. The Provider aims for an availability of 99 % on a monthly average. Excluded from this are announced maintenance work and disruptions for which the Provider is not responsible (e.g. force majeure, internet disruptions outside its sphere of influence).
  4. The Provider may further develop and adapt 5sDesk. It will announce material restrictions of booked functions at least 4 weeks in advance by email. In this case, the Customer may terminate the contract with effect from the time of the change.
  5. Support is provided by email to info@5sdesk.com.
  6. Services of third-party providers (e.g. connected email services or integrations) are subject to their terms. The Provider is not liable for their availability.

§ 3 Conclusion of Contract and Trial Period

  1. By completing the booking on 5sdesk.com, the Customer submits a binding offer. The contract is concluded upon activation of the account or a confirmation by email. The automatic confirmation of receipt does not yet constitute acceptance.
  2. The Provider may offer a free trial period of 30 days. The trial period ends automatically unless the Customer books a paid plan. Data from trial accounts that are not continued will be deleted 30 days after the end of the trial period.

§ 4 Customer Account and Users

  1. Use requires a customer account. The information provided during registration must be complete and correct.
  2. The Customer may create as many support agents (users) as it has booked licenses. A user account may only be used by one person.
  3. Access credentials must be kept confidential. If misuse is suspected, the Customer shall inform the Provider without undue delay. The Provider may temporarily block accounts in the event of misuse or a threat to system security.
  4. For the term of the contract, the Customer receives a simple, non-transferable right to use 5sDesk for its own business purposes.

§ 5 Prices and Payment

  1. The prices of the booked plan at the time of booking apply. The remuneration is based on the number of booked users. All prices are exclusive of statutory VAT.
  2. Depending on the selected billing period, the remuneration is due monthly or annually in advance. Ordering and payment processing are handled by our payment service provider Paddle.com Market Ltd (“Paddle”), which acts as reseller (Merchant of Record). Paddle issues the invoices and collects the remuneration. The terms of Paddle additionally apply to the payment process.
  3. Additional users or a higher plan can be booked at any time and are billed pro rata. A reduction takes effect from the next billing period.
  4. If the Customer is more than 14 days in default with a payment, the Provider may block access after prior notice by email until the outstanding amount has been settled.
  5. The Provider may change the prices with at least 6 weeks’ notice by email, effective from the start of the next billing period. In this case, the Customer may terminate the contract with effect from the time the change takes effect.
  6. The Customer may only set off claims that are undisputed or have been finally established by a court.

§ 6 Term and Termination

  1. The contract runs for the selected billing period (one month or one year) and is automatically renewed for the same period unless terminated.
  2. Both parties may terminate at any time with effect from the end of the current billing period. Termination is effected in the customer account or in text form (e.g. by email). Fees already paid will not be refunded pro rata.
  3. The right to extraordinary termination for good cause remains unaffected. Good cause for the Provider exists in particular in the event of payment default of more than 2 months, unlawful use or repeated violations of these GTC despite a warning.

§ 7 Obligations of the Customer

  1. The Customer uses 5sDesk only within the scope of applicable law. It does not store or send any unlawful content or spam.
  2. The Customer is responsible for the content that it and its users place in 5sDesk, and for ensuring that it is entitled to process the data of its end customers.
  3. The Customer may not introduce malware and may use interfaces (API) only to the customary extent. In the event of excessive load, the Provider may limit access.
  4. The Customer reports disruptions as precisely as possible by email.
  5. If content of the Customer recognizably infringes the rights of third parties, the Provider may provisionally block such content and will inform the Customer accordingly. The Customer indemnifies the Provider against claims of third parties based on its content.

§ 8 Data and Data Export

  1. The Customer’s data remains its property. The Provider uses it only to provide the service.
  2. The Provider backs up the data regularly in accordance with the state of the art. The Customer remains responsible for complying with its own retention obligations.
  3. Until the end of the contract, the Customer can export its data in a common format. 30 days after the end of the contract, the Provider permanently deletes the data, unless there is a legal obligation to retain it.

§ 9 Data Protection

Insofar as the Provider processes personal data on behalf of the Customer, the parties conclude a data processing agreement (DPA) pursuant to Art. 28 GDPR. The DPA is available in the customer account under “Settings › Data Processing” and becomes part of the contract upon conclusion of the contract. Otherwise, the privacy policy at 5sdesk.com/privacy applies.

§ 10 Defects

  1. The Provider remedies defects in the software within a reasonable period after the Customer has reported them.
  2. If the Provider falls short of the availability under § 2 para. 3 in 3 consecutive months for reasons for which it is responsible, the Customer may terminate the contract without notice.
  3. Strict liability for initial defects (Section 536a para. 1 alt. 1 BGB) is excluded.

§ 11 Liability

  1. The Provider is liable without limitation in cases of intent and gross negligence, injury to life, body or health, and under the German Product Liability Act.
  2. In the event of a slightly negligent breach of material contractual obligations, the Provider is only liable for the foreseeable damage typical for the contract, up to a maximum of the remuneration paid by the Customer in the 12 months prior to the damaging event. Material contractual obligations are those on whose fulfillment the Customer may regularly rely.
  3. In all other respects, liability for slight negligence is excluded.
  4. For loss of data, the Provider is only liable to the extent that would have occurred had the data been properly backed up.

§ 12 Amendment of the GTC

The Provider may amend these GTC with at least 6 weeks’ notice by email. The amendment is deemed accepted if the Customer does not object within this period. The Provider will point out this consequence in the notice. If the Customer objects, both parties may terminate the contract with effect from the time the amendment takes effect.

§ 13 Final Provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. The place of jurisdiction for all disputes is Berlin.
  3. Should any provision be invalid, the validity of the remaining provisions shall remain unaffected.