Terms and conditions

General terms and conditions of business

 

1. Scope

1.1 These General Terms and Conditions (“GTC”) apply to the provision of services by acQware GmbH (hereinafter referred to as “acQware”) in connection with the service“acQware SaaS Sales Engagement Platform" (hereinafter also referred to as "APPLICATION") towards CUSTOMERS.

1.2 These General Terms and Conditions only apply if the CUSTOMER is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law, but not for consumers within the meaning of § 13 BGB. The CUSTOMER's entrepreneurial status isacQware Upon request, proof must be provided by presenting a current extract from the commercial register and/or a current certificate from the responsible trade office or a corresponding certificate from a comparable national official body from which the CUSTOMER's entrepreneurial activity can be clearly identified.

1.3 These General Terms and Conditions apply exclusively. Differing, conflicting or supplementary terms and conditions ofCUSTOMERS are not recognized and are not part of the contract even without an express written objection from acQware.

 

2. Subject of the contract/services from acQware

2.1 acQware The APPLICATION offers the opportunity to record leads and accounts as well as related tasks, documents and the connections of all contacts and to use them for new customer sales and existing customer development.acQware also offers the possibility of collaboration between sales employees in joint sales projects.

2.2 acQware offers the CUSTOMER a uniform service package for a different number of users under the conditions listed on the APPLICATION's website.acQware grants the CUSTOMER the right to use the APPLICATION within the limitations of these Terms and Conditions.

2.3 acQware is entitled to change the scope of services and other conditions.acQware will only make these changes for valid reasons, in particular due to new technical developments, changes in case law or other equivalent reasons, provided that the change does not significantly disturb the contractual balance between the parties.

2.4 The subject of the contract is the provision of the APPLICATION for the USERS to use its functionalities via a telecommunications connection. Adequate internet access is a prerequisite for using theAPPLICATION and not the subject of the service.acQware provides the CUSTOMER with storage space for the data generated using the APPLICATION and/or the data required to use the APPLICATION (hereinafter referred to as “APPLICATION DATA”) and grants the CUSTOMER rights to use the APPLICATION against payment of the agreed fee.

2.5 The provision of internet access for the use of theAPPLICATION isnot Subject of this contract. TheCOULD is solely for the creation of the, in their respective area of ​​responsibility for the contractual use of theAPPLICATION necessary technical requirements. This includes in particular the functionality of the required hardware and the Internet access used, including the telecommunications connection between the hardware used.

2.6 acQware provides an APPLICATION through which data can be processed and stored. The CUSTOMER is solely responsible for the legality of the data entered, imported or processed.

2.7 The processing of the data is carried out by the CUSTOMER himself using the APPLICATION; acQware has no influence on the processing itself, such as duration, type of processing or data sources. In this respect, the CUSTOMER is responsible and data processor, acQware is merely a system service provider.

 

3. Conclusion of contract

3.1 Via appropriate input masks within the website ofacQware An application for the conclusion of a contract for the provision of the APPLICATION can be submitted to the APPLICATION and sent via remote data transmissionacQware be sent. A contractual relationship only comes into effect once the registration has been successfully completedCUSTOMERS This comes about, for example, when you register via the websiteAPPLICATION and confirmation by email fromacQware he follows.

3.2 TheCOULD or the employee of the who submits the application for the conclusion of a contractCUSTOMERS will specify an access name when submitting the application. A temporary password will be provided to log in. The password can be changed by the respective person after the contract has been concludedCUSTOMERS or USER can be changed at any time.

3.3 If the parties have agreed on a free test phase/starter package as part of the conclusion of the contract, which is not expressly intended to seamlessly transition into a paid contractual relationship after the end of the test phase, the CUSTOMER must notify acQware accordingly in order to convert the free trial relationship into a paid contractual relationship. This notice may, if stated in theAPPLICATION is provided directly via theAPPLICATION be handed over to acQware. With confirmation throughacQware The contractual relationship will be continued as a paid contractual relationship under the provisions regulated in these General Terms and Conditions and at the package price specified, among other things, on the APPLICATION's website.acQware can declare the confirmation to the CUSTOMER either via the APPLICATION or by email. acQware is entitled, insofar as this is provided forCUSTOMERS in connection with the expiry of an individually granted test phase, to point out the possibility of extending the contractual relationship for a fee by email or via the application.

3.4 The data provided as part of the application will be handled byacQware checked for completeness and plausibility. Is the information from the perspective ofacQware complete and plausible and exist from the point of view ofacQware If there are no other concerns, acQware will register the USER and notify them of this by email. This notification email is deemed to be acceptance of the offer made by the CUSTOMER to conclude the contract for the use of the APPLICATION. If the CUSTOMER has requested a free test phase, Section 3.3 of these General Terms and Conditions applies.

3.5 There is no right to conclude the contract.acQware is entitled to reject the application to conclude a contract at its own discretion and without giving reasons.

 

4. Beginning and termination of the contract

4.1 The contractual relationship regarding the use of the APPLICATION begins upon receipt of the confirmation email (for a possible test phase).acQware, or the payment received from the CUSTOMER. If this has been agreed, the contractual relationship initially runs for a period corresponding to one ofacQware fixed test phase agreed between the parties (e.g. 7 days).

 

4.2 If a free test phase has been agreed between the parties at the beginning, the CUSTOMER can, after the agreed test phase has expiredacQware Book the service package offered under the relevant conditions stated on the APPLICATION website. He choosesCOULD If you do not receive a service package after the free trial period has expired, your account will be deletedCUSTOMERS deleted by acQware and the access of theCUSTOMERS blocked. Otherwise, the contractual relationship runs for an indefinite period of time.

4.3 Termination of the contractual relationship for the use of theAPPLICATION can heCOULD at any time at the end of the current billing period. TheCOULD The termination must be made independently in the account management of the APPLICATION.

4.4 acQware has the right to terminate the contractual relationship with aCUSTOMERS without giving reasons with one month's notice to the end of the billing period.

4.5 Each contracting party is entitled to terminate the contractual relationship without observing a notice period if there is good cause. There is an important reason for acQware in particular if theCOULD the usage fee has not been paid.

4.6 When the termination takes effect, the contractual relationship ends and the CUSTOMER and all USERS created for the CUSTOMER lose the authorization to use the APPLICATION. acQware reserves the right to block the administrator name and administrator password when the termination takes effect.

4.7 acQware is not obliged to do soCUSTOMERS data stored by him before the end of the contractual relationship, which is directly related to himselfexportable Data go beyond, to provide.

4.8 After termination of the contractual relationship, the account ofCUSTOMERS with all data deleted from acQware.

 

5. Prices

5.1 The amount of the (monthly/annual) costs for using the APPLICATION results from the costs for the package selected by the CUSTOMER that are valid at the time the contract is concluded or the package is changed, including those published on the APPLICATION website. All prices are net prices, i.e. exclusive of sales tax.

5.2 acQware offers the CUSTOMER various paid packages, which differ particularly in terms of the number of users

5.3 After expiry of the period specified in Section 4.1. The test phase referred to in these General Terms and Conditions, the CUSTOMER pays the (monthly/annual) remuneration specified for the respective paid package for the provision and use of the APPLICATION in accordance with the contractual agreement, the amount of which can be found in the price list ofacQware in the version valid at the time of conclusion of the contract and subsequently.

5.4 acQware is entitled to do so under section 5.1. The prices stated in these General Terms and Conditions for the paid contractual services must be adjusted annually to an appropriate amount in order to compensate for increases in personnel and other costs.acQware The CUSTOMER will be notified of these price adjustments and the date of effectiveness of the price adjustment in text form by email to the customeracQware provide the email address provided.

If the CUSTOMER objects to acQware about a change in a formal and timely manner, the contractual relationship will continue under the previous conditions. In this case, acQware reserves the right to terminate the contractual relationship extraordinarily with one month's notice in writing or text form.

 

6. Payment, default, offsetting and right of retention

6.1 The monthly/annual remuneration for the use of theAPPLICATION is due at the beginning of the respective billing month/billing year.

6.2 DemCUSTOMERS The monthly/annual invoice is provided in PDF format. This invoice can be done by theCOULD View and download at any time in the account management.

6.3 Payment of the monthly fee is made by direct debit or credit card payment. TheCOULD must ensure the necessary coverage of the selected payment account. In the event that payment is delayed due to circumstances arising fromCUSTOMERS are responsible for, acQware can reimburse the additional costs incurred (e.g. costs of the return debit).CUSTOMERS in eachincurred Calculate height.

6.4 Should theCOULD If you do not make the payment, acQware is entitled to immediately withhold the service owed under the contractual relationship and to use the accounts of theCUSTOMERS temporarily deactivate it until the outstanding claims have been settled.

 

7. Changes to these Terms and Conditions

acQware reserves the right to change these terms and conditions at any time or to change regulations for the use of additional services or functions ofacQware services offered

to complete. The CUSTOMER will be informed of the changes and/or additions to the General Terms and Conditions no later than four weeks before the planned entry into force. The CUSTOMER's consent to the change will be sent via email to the CUSTOMERacQware email address provided or via the email address provided byacQware product made available to the CUSTOMER or via the customer area. Consent to the changed General Terms and Conditions is deemed to have been given if the CUSTOMER does not do so within two weeks of theChange notice in text form (e.g. by email, fax or letter).

 

8. Changes to the acQware APPLICATION or system

8.1 If and to the extent that with the provision of a new version or a change to the APPLICATION and/or with changes to the technical system ofacQware a restrictive change in the functionalities of the APPLICATION, the CUSTOMER's workflows supported by the APPLICATION and/or restrictions in the usability of the previously generated dataacQware notify the CUSTOMER of this in text form at least 4 weeks before such a change takes effect.

8.2 If the CUSTOMER does not object to the change within a period of 2 weeks from receipt of the change notification in text form, the change will become part of the contract.acQware Whenever changes are announced, the CUSTOMER will be informed of the aforementioned deadline and the legal consequences of its expiry if the opportunity to object is not exercised.

 

9. Access to provided APPLICATION

9.1 If the CUSTOMER is a natural person, the CUSTOMER uses the APPLICATION provided as the main user. If the CUSTOMER is a legal entity or a corporation under public law, the CUSTOMER must specify a natural person with unlimited legal capacity and authorized representation as the main user who uses the APPLICATION provided for the CUSTOMER.acQware is entitled to request written proof of the CUSTOMER's right of representation at any timemain user which must then be sent to acQware immediately by the CUSTOMER.

9.2 After registering with the APPLICATION, the CUSTOMER as the main user or the main user has the opportunity to create additional administrative and/or secondary users (hereinafter also referred to as “USER”) in the APPLICATION within the limits of the capacities of the respective service package and thus allow them to use the APPLICATION to enable. The applicable conditions result from the APPLICATION underlying this agreement and the information formulated therein.

9.3 Those set up by the CUSTOMER as the main user or the main userAdministrative user have the opportunity - also within the scope of the options provided in the APPLICATION - to create additional secondary users in the APPLICATION and thus enable them to use the APPLICATION.

9.4 TheCOULD can main user, administrative and/or secondary user at any time via theAPPLICATION remove or deactivate.

 

10. Provision of the APPLICATION and storage space for APPLICATION DATA

10.1 From the conclusion of the contract, acQware stores on a central data processing system or several data processing systems (hereinafter„SERVER“ referred to) the APPLICATION in the current version is available for use in accordance with the following regulations.

10.2 acQware ensures that the APPLICATION provided is suitable for the purposes described.

10.3 acQware ensures that the APPLICATION it produces always corresponds to the tried and tested state of the art. acQware maintains storage space for the APPLICATION DATA on the SERVER from the time it is made operational.

10.4 The APPLICATION and the APPLICATION DATA are provided byacQware backed up on the server regularly, at least every calendar day.

10.5 Handover point for theAPPLICATION and theAPP DATA is the router output of acQware's data center.

 

11. Availability

11.1 acQware owes the agreed availability of the APPLICATION and the APPLICATION DATA at the handover point. Availability is the ability of the CUSTOMER and the USERS associated with the CUSTOMER to use the entire contractually agreed functionalities of the APPLICATION as well as the APPLICATION DATA at the handover point.

11.2 Availability is also deemed to exist during periods during disruptions in or due to the condition of not ofacQware or parts of the technical infrastructure required for the execution of the APPLICATION to be made available to its vicarious agents; Disruptions or other events that are not caused byacQware or caused or contributed to by one of his vicarious agents; insignificant reduction in suitability for contractual use.

11.3 acQware ensures 99% availability in theCalendar year average. When calculating availability, times of planned unavailability within the meaning of Section 11.4 are taken into account. these terms and conditions are not taken into account.

11.4 During times of planned unavailabilityacQware is entitled to maintain and maintain the APPLICATION and/or SERVER, to carry out data backups or other work. Planned unavailability is to be reported to the CUSTOMERacQware communicate in a timely manner.

11.5 If and to the extent thatCOULD in times of planned unavailabilityAPPLICATION can use, there is no legal claim to this. Does this happen when using theAPPLICATION In times of planned unavailability, the service will be reduced or discontinuedCUSTOMERS no claim againstacQware for liability for defects or compensation.

 

12. Other services from acQware

12.1 Falls acQware If the CUSTOMER provides the CUSTOMER with online documentation for the APPLICATION that can be accessed at the start of the contract, the CUSTOMER is entitled to save and print out the online documentation provided, while maintaining existing property rights notices, and to use it in an appropriate number for the purposes of the contract reproduce. Otherwise, the usage restrictions for the online documentation agreed in these General Terms and Conditions apply accordingly.

12.2 Other services fromacQware can be agreed between the parties at any time in writing or in text form, in particular training courses regarding the APPLICATION or the blocking or removal of individual administrative and/or additional users created for the CUSTOMER by acQware. Such additional services will be provided against reimbursement of the proven effort at the prices generally applicable at the time of the respective orderacQware provided.

 

13. Rights of use of the APPLICATION

13.1 TheCOULD receives at theAPPLICATION simple, non-sublicensable, non-transferable rights of use limited to the term of the contract in accordance with the following regulations.

13.2 A transfer of the APPLICATION to theCUSTOMERS does not occur. In particular, no software or source code will be handed over. TheCOULD may thatAPPLICATION only for its own business activities,if necessary. by our own personnel and access them in this context.

13.3 The CUSTOMER is not authorized to make changes to the APPLICATION. This does not apply to changes that are necessary to eliminate errors if acQware is in default with eliminating the error, refuses to correct the error or is unable to eliminate the error due to the opening of insolvency proceedings. This right to self-help expressly does not include any right to release the APPLICATION, the software or the source code.

13.4 If acQware makes new versions, updates, upgrades or other new deliveries with regard to the APPLICATION during the contract term, the above rights also apply to these.

13.5 The CUSTOMER is not entitled to any rights that are not expressly granted to the CUSTOMER above. In particular, the CUSTOMER is not entitled to use the APPLICATION beyond the agreed use and/or to have it used by third parties or to make the APPLICATION accessible to third parties in any other way. In particular, the CUSTOMER is not entitled to reproduce or sell the APPLICATION or to provide the APPLICATION or access to the APPLICATION for a limited period of time, in particular to rent or lend it out.

 

14. Duties and responsibilities of the CUSTOMER

14.1 The CUSTOMER is obliged to truthfully provide the information necessary to create and change the account.

14.2 The CUSTOMER guarantees and ensures thatacQware can process the data of the CUSTOMER's employees and responsible persons for the purpose of executing the contract and the CUSTOMER will ensure that its employees and responsible persons, to the extent legally necessary, declare their consent to the processing of their data by acQware.

14.3 The CUSTOMER undertakes and is liable to ensure that the APPLICATION is not used by him or the USERS for purposes that are racist, discriminatory, pornographic, endangering the protection of minors, politically extreme or otherwise illegal or that violate official regulations or requirements, or corresponding data, in particular APPLICATION DATA , created and/or stored on the SERVERbecome. 

14.4 When using the APPLICATION, the CUSTOMER or USER is prohibited from using technical aids or methods that impair or may impair the functionality of the APPLICATION (e.g. scripts, bots or other software, etc.).

14.5 acQware is entitled to immediately delete illegal or abusive content from the CUSTOMER or USER.

14.6 The CUSTOMER will fulfill all duties and obligations that are necessary for the proper execution of the contract. In particular, the CUSTOMER will not access or allow access to information or data without authorization or interfere or permit to be interfered with in programs operated by acQware or intrude into acQware's data networks without authorization or promote such intrusion; do not misuse the exchange of electronic messages possible within the framework of the contractual relationship and/or using the APPLICATION to send unsolicited messages and information to third parties for advertising purposes; release acQware from third-party claims upon first request that are based on unlawful use of the APPLICATION by the CUSTOMER or that arise from data protection, copyright or other legal disputes caused by the CUSTOMER that are associated with the use of the APPLICATION; oblige the USERS assigned to the CUSTOMER to comply with the provisions of this contract that apply to them; ensure that when texts and/or data from third parties are transmitted to acQware's SERVER, all third-party rights to the material used are observed; obtain the necessary consent from the person concerned insofar as the CUSTOMER collects, processes and/or uses personal data when using the APPLICATION and no legal permission under applicable data protection law intervenes; Check data and information for viruses before sending it to acQware and use state-of-the-art virus protection programs; Immediately report defects in contractual services to acQware. If the CUSTOMER fails to report in a timely manner for reasons for which the CUSTOMER is responsible, this constitutes contributory causation or contributory negligenceacQware could not remedy the situation as a result of the failure or delay in notification, the CUSTOMER is not entitled to reduce the agreed remuneration in whole or in part, to demand compensation for the damage caused by the defect or to terminate the contract extraordinarily due to the defect without observing a notice period . The CUSTOMER must demonstrate that he is not responsible for the failure to report; pay the agreed remuneration on time; if the CUSTOMER requests to generate APPLICATION DATA using the APPLICATION dataacQware transmitted, back it up regularly and in accordance with the importance of the data and create your own backup copies in order to enable its reconstruction if the data and information are lost.

 

15. Responsibility for access data

15.1 The CUSTOMER shall take the necessary precautions to prevent the use of the APPLICATION by unauthorized persons. The usage and access authorizations assigned to the CUSTOMER or USER must be kept secret, protected from access by third parties through appropriate and timely measures and not made accessible to unauthorized third parties.

15.2 It is the CUSTOMER's responsibility to ensure that the APPLICATION is used exclusively by the CUSTOMER or USER.

15.3 As soon as there are indications that access data may have become known to unauthorized third parties or may become known in the future, the CUSTOMER or USERS will inform acQware of this immediately, but no later than within 2 days, in text form and provide the respective access data immediately change via the APPLICATION.

15.4 The CUSTOMER is liable for any use and/or other activity carried out using its access data or the USERS' access data.

 

16. Breach of duty by the CUSTOMER

16.1 If the CUSTOMER violates the provisions under Section 13, Section 14 or Section 15 of these General Terms and Conditions for reasons for which he is responsible,acQware block the CUSTOMER's and all USERS' access to the APPLICATION or the APPLICATION DATA if the violation can be demonstrably remedied in this way.

16.2 If the CUSTOMER unlawfully violates Section 15.2. of these General Terms and Conditions, acQware is entitled to delete the APPLICATION DATA affected thereby. In the event of an unlawful violation by one of the USERS registered to the CUSTOMER, the CUSTOMERacQware upon request, to immediately provide all information necessary to assert claims against the relevant USER, in particular to provide their name and address.

16.3 If the CUSTOMER violates despite appropriate written warning fromacQware continues or repeats the provisions under sections 13 and/or 15 of these General Terms and Conditions and if the CUSTOMER is responsible for this, acQware can terminate the contract extraordinarily with immediate effect without observing a notice period.

16.4 For each case in which the CUSTOMER culpably enables third parties to use the APPLICATION, the CUSTOMER must pay an immediately due contractual penalty of 12 monthly contributions or, in the case of free use (e.g. test phase/free service package), EUR 2,000.00 . The right to claim damages remains reserved. If additional claims for damages are made, the contractual penalty will be offset against the claim for damages.

16.5 If the CUSTOMER is responsible for the breach of duty, acQware can claim damages.

 

17. CUSTOMER's rights to resulting databases and database works

If and to the extent that during the term of this contract a database, databases, is created on acQware's SERVER through the activities of the CUSTOMER and/or the USERS created for the CUSTOMER as permitted and provided for under this contract, in particular through the compilation of APPLICATION DATA by the CUSTOMER If a database work or database works with data that can be assigned exclusively to the CUSTOMER are created, the CUSTOMER is entitled to the rights thereto. If the contract with acQware ends, the CUSTOMER is responsible for securing this data elsewhere. At the end of the contract, acQware blocks access to the database and deletes all database content.

 

18. Liability for violation of third party rights

18.1 acQware will immediately inform the CUSTOMER of third-party rights and any resulting impairment of the provision of agreed services and will appropriately enable the CUSTOMER to have full access to their APPLICATION DATA.

18.2 acQware is not liable for any violation of the rights of third parties by the CUSTOMER or USER. In particular not if and to the extent that this violation results from an exceeding of the usage rights granted under these General Terms and Conditions. In any such case, the CUSTOMERacQware free from all third-party claims upon first request.

 

19. Data protection and data security

19.1 The parties will observe the applicable data protection regulations, in particular those applicable in Germany, and will require their employees (including USERS) employed in connection with the contract and its implementation to maintain the confidentiality of personal data, unless they are already generally obliged to do so.

19.2 If the CUSTOMER and/or USERS created for the CUSTOMER collect, process and/or use personal data, the CUSTOMER warrants that he or the respective USER is entitled to do so in accordance with the applicable, in particular data protection regulations, in the event of a violation,acQware free from third party claims.

19.3 acQware will only collect, process and use data from the CUSTOMER or data attributable to the CUSTOMER to the extent covered by the purpose of the contract. The CUSTOMER agrees to this.

19.4 The obligations under Sections 19.1 and 19.3 of these General Terms and Conditions exist as long as APPLICATION DATA is within the sphere of influence ofacQware even after the end of the contract.

19.5 acQware can transmit the CUSTOMER's personal data to third parties to the extent that this is necessary for the processing of this contract and there are no further data protection requirements for the data transfer (e.g. data for payment transactions to third parties such as payment providers, banking institutions or credit card providers, etc.).

19.6 The customer's contact or customer details are never transmitted. All customer file attachments are stored exclusively on servers of a carefully selected supplier. This storage takes place exclusively in Europe and meets the highest security standards through redundant storage and encryption using the latest encryption technology.

19.7 Unless there are statutory retention requirements, the personal data will be deleted 14 days after the respective APPLICATION account has been deleted.

19.8 As described in 2.7, the CUSTOMER is the controller and data processor, acQware is merely a system service provider.

19.9 Further information and regulations on the handling of data can be found in the data protection declaration, which can be viewed at any time on the APPLICATION website.

 

20 Secrecy

20.1 The parties undertake to keep confidential all information, knowledge, data, documents, records, lists and all other matters of the other party (hereinafter referred to as “CONFIDENTIAL INFORMATION”) that become known to them in the course of the business relationship between them or from time to time to be treated and kept secret.

20.2 Confidential information may only be used and/or exploited by the receiving party within the scope of the business relationship existing between the parties. The use and/or exploitation of Confidential Information outside of the business relationship existing between the parties is prohibited without the prior written consent of the disclosing party.

20.3 Confidential Information may not be disclosed to any third party without the prior written consent of the disclosing party, unless the third party is a trustworthy person who necessarily needs to know the Confidential Information as part of the business relationship with the disclosing party.

20.4 The parties will take all necessary measures to prevent the knowledge, use and/or exploitation of the Confidential Information by unauthorized third parties. Employees of the parties are obliged to maintain secrecy unless they are already obliged to maintain secrecy under their employment contract.

20.5 The confidentiality obligation does not apply to such information or parts thereof for which the receiving party proves that it was already known to it or to the public before receipt or was generally accessible or became known or generally accessible after receipt without the receiving party doing so has to represent. 

 

21. Offsetting and right of retention

21.1 A party is only entitled to offset if its counterclaims have been legally established, are undisputed and/or have been acknowledged in writing by the other party.

21.2 A party is only entitled to exercise a right of retention if its counterclaim is based on the same contractual relationship.

 

22. Liability

22.1 The contractual partners are liable to each other without limitation for any damage caused by them or their legal representatives or vicarious agents (e.g. USERS) in the event of intent or gross negligence.

22.2 In the event of slight negligence, the contractual partners have unlimited liability in the event of injury to life, body or health.

22.3 acQware is otherwise only liable to this extentacQware has violated an essential contractual obligation, i.e. a so-called cardinal obligation. Essential contractual obligations are those that are of particular importance for achieving the purpose of the contract, as well as all those obligations that, in the event of a culpable violation, could result in the achievement of the purpose of the contract being jeopardized. In these cases the liability ofacQware limited to compensation for foreseeable, typically occurring damage. The strict liability ofacQware Compensation for damages (§ 536a BGB) for defects existing at the time the contract was concluded is excluded.

22.4 A party is only obliged to pay a contractual penalty if this contract expressly provides for this. A contractual penalty does not need to be reserved. Offsetting against it is permitted. 23.5. Liability under the Product Liability Act remains unaffected.

 

23. Force Majeure

23.1 Each contracting party is not liable for failure to fulfill any of its obligations if the failure is due to an impediment beyond its control, such as, in particular, fire, natural disasters, war, confiscation or other official measures, general shortages of raw materials, restrictions on energy consumption, labor disputes or lack of contract from suppliers based on such a reason. Each contracting party must immediately inform the other in writing of the occurrence of such a case of force majeure.

23.2 Each contracting party is entitled to terminate the contract by giving written notice if its implementation is prevented for more than 6 months in accordance with the above paragraph.

 

24. Transfer of Contract

24.1 acQware is entitled to transfer the right from this contract to third parties. The CUSTOMER already gives his consent to thisacQware The contractual relationship with all rights and obligations may be transferred to another company (new operator).

24.2 The transfer of the contract will be made to the CUSTOMER immediately after implementationacQware and notified the new operator by email.

24.3 acQware is entitled to involve third parties to fulfill this contract.

24.4 An assignment of the CUSTOMER's rights and obligations requires the prior written consent of acQware.

 

25 Final Provisions

25.1 The law of the Federal Republic of Germany applies to all legal relationships in connection with this contractual relationship, excluding the UN Convention on Contracts for the International Sale of Goods, CISG.

25.2 Unless otherwise expressly provided for in these General Terms and Conditions, all declarations made in the context of using the APPLICATION must be in writing or in text form via email.

25.3 Should individual provisions of these General Terms and Conditions be or become ineffective or unenforceable, this will not affect the rest of the contract. In this case, the statutory regulation takes the place of the ineffective or unenforceable provision.

25.4 The exclusive place of jurisdiction for all disputes arising from the contractual relationship, including these General Terms and Conditions, is, to the extent that such a place of jurisdiction agreement is permissible, the registered office of acQware in Munich.

25.5 Translations of these Terms and Conditions into other languages ​​are for informational purposes only. Only the German version is relevant.

 

November 2023