General Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between Flexhub IT Solutions GmbH, Stubenwald-Allee 21a, 64625 Bensheim (hereinafter "Provider") and the Customer regarding the use of the software-as-a-service platform "pAIpe" (hereinafter "Platform").

(2) Deviating, conflicting or supplementary general terms and conditions of the Customer shall become part of the contract only if and to the extent that the Provider has expressly agreed to their applicability in writing.

§ 2 Subject of the Contract

(1) The Provider makes the Platform available to the Customer as software-as-a-service (SaaS) via the internet. The scope of functions depends on the service package (tier) booked in each case.

(2) Depending on the package booked, the Platform comprises functions for project management, document management, material certificates, AI-assisted analyses and mobile applications for plant and pipeline construction.

(3) The Provider renders its services at a server location in Germany. The availability of the Platform amounts to at least 99.5% on an annual average, excluding scheduled maintenance windows.

§ 3 Contract Term and Termination

(1) The contract is concluded for the term agreed in the respective order form (monthly or annually).

(2) The contract is automatically renewed for the same period unless it is terminated with 30 days' notice prior to the end of the respective term.

(3) The right to extraordinary termination for good cause remains unaffected.

(4) After termination of the contract, the Customer has 30 days to export their data. After this period expires, the data will be irrevocably deleted.

§ 4 Prices and Payment

(1) The remuneration is based on the Provider's price list applicable at the time. All prices are net plus statutory value-added tax.

(2) For annual payment, the Provider grants a discount of 20% compared to the monthly payment method.

(3) Invoices are payable within 14 days of receipt without deduction.

(4) Additionally booked modules (add-ons) are charged separately and invoiced on a pro-rata basis for the remaining billing period.

§ 5 Usage Rights and Obligations of the Customer

(1) For the duration of the contract, the Customer is granted a non-exclusive, non-transferable right to use the Platform within the contractually agreed scope.

(2) The Customer is obliged to keep their access credentials confidential and to protect them against unauthorized access by third parties.

(3) The use of the Platform is limited to the number of users and devices included in the respective service package.

§ 6 Data Protection and Data Security

(1) The Provider processes the Customer's personal data exclusively within the framework of the applicable data protection regulations (GDPR, BDSG).

(2) Insofar as the Provider processes personal data on behalf of the Customer, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR.

(3) All customer data is stored and processed exclusively on servers in Germany.

§ 7 Liability

(1) The Provider is liable without limitation for intent and gross negligence.

(2) In the case of slight negligence, the Provider is liable only in the event of a breach of material contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable damage typical for the contract.

(3) The foregoing limitations of liability do not apply in the event of injury to life, body or health.

§ 8 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction for all disputes arising from this contract is Darmstadt, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law.

(3) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected thereby.