General Terms and Conditions of GeSi Software GmbH for the product SDBcheck®
§ 1 Preamble
1. GeSi Software GmbH, Juliuspromenade 28, 97070 Würzburg, represented by the Managing Director Dipl.-Math. Petra Feitsch (hereinafter referred to as GeSi), offers customers the online platform https://sdbcheck.de in the form of Software as a Service in order to automatically check the classification and labeling of a safety data sheet (SDB) in German and English and to obtain a statement on the plausibility of the information contained therein. For this purpose, GeSi automatically reads the data from the safety data sheet and transmits it to the customer.
2. as soon as the customer has compared and confirmed this read-out data with that of the safety data sheet, the classification and labeling of the read-out data is calculated in accordance with the CLP Regulation (Regulation (EC) No. 1272/2008). As a result, the customer receives a comparison between the calculated data and that of the original safety data sheet.
3 The following terms and conditions govern the provision of this software and the right to use this software for the duration of the rental period, as well as the services offered by GeSi in the form of Software as a Service.
§ 2 Scope of application, amendment
1. the following terms and conditions conclusively govern the contractual relationship between GeSi and the respective customer in connection with the above-mentioned platform and apply exclusively. Any terms and conditions of the Client that conflict with or deviate from these Terms and Conditions shall not be recognized unless GeSi has expressly agreed to them in individual cases.
2. they apply exclusively to entrepreneurs. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when placing an order.
3 GeSi reserves the right to amend the General Terms and Conditions at any time without stating reasons. In this respect, GeSi shall notify the Client of the change to the General Terms and Conditions at the latest 2 weeks before the change comes into effect and send it to the Client. If the Client does not agree to the amended General Terms and Conditions within 2 weeks of receipt of the notification of amendment, GeSi shall be entitled to terminate the contractual relationship concerned at the time at which the amended General Terms and Conditions are to enter into force or to continue it under the previous conditions.
4. the contract shall be concluded exclusively in German. The General Terms and Conditions and the contracts concluded with reference to these General Terms and Conditions shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
5. all prices quoted are net euro prices plus the applicable statutory value added tax.
6 In the event of collisions within the contractual relationships between the parties, the following order of precedence shall apply:
a) individual agreements
b) these General Terms and Conditions
c) the statutory provisions.
§ 3 Conclusion of contract, commencement of contract
1. a contract for the use of the platform as part of a free basic account between the customer and GeSi is concluded when the customer registers for a basic account on the https://sdbcheck.de/registrieren platform and sets up a user account. After submitting the registration form, the customer receives an activation link by email, which loses its validity after 72 hours. Following activation, the customer receives a corresponding confirmation e-mail.
2. a contract for the fee-based use of the SDBcheck® Premium Account or fee-based SDBcheck® Add-ons is concluded as follows: The customer requests the activation of the corresponding service via the contact form on the platform https://sdbcheck.de, by telephone or by e-mail. This request does not constitute a binding offer to conclude a contract. GeSi shall then send the customer a binding offer to conclude a contract by email (offer). The contract is concluded when the Customer confirms this offer in text form (acceptance). GeSi shall be bound by its offer for 14 days.
3. registration of the customer in accordance with § 5 of these GTC is required for the complete provision of services by GeSi.
4. if the customer does not register and wishes to use the platform as an anonymous user free of charge, a contract for the use of the platform is concluded when the customer selects and uploads a PDF on the platform https://sdbcheck.de/app/#/. Without registration, however, not all functions of the platform are available to the customer. In particular, it is not possible to save a checked safety data sheet and the evaluation. Registration is also possible in the course of anonymous use.
5. the prerequisite for activating the services of the SDBcheck® Premium account is that the customer already has a free basic account.
6 The prerequisite for activating the services of the SDBcheck® Add-ons Company Account® and SDBconvert® or SDBcheck® Service is that the customer has an SDBcheck® Premium Account.
7 GeSi shall commence with the agreed service at the time agreed in the respective contract and the underlying order documents. Deadlines shall be automatically extended by the period in which GeSi is prevented from performing the service through no fault of its own. This shall apply in particular in cases of force majeure, strikes, pandemics and epidemics and lack of cooperation on the part of the Client within the meaning of Section 8 of these General Terms and Conditions.
8. insofar as GeSi provides additional services and performances free of charge outside the contractual agreement, these may be discontinued at any time. This shall not give rise to a claim for reduction or damages on the part of the Client or a right of termination.
§ 4 Services, scope of services, place of performance
1. GeSi shall owe the provision of the platform specified in more detail within the scope of an offer and the commissioned functions for use via the Internet and the granting of storage space on GeSi’s servers for the aforementioned purpose. GeSi shall provide the Customer with the agreed platform in the current version via the Internet for the duration of the respective contract. For this purpose, GeSi shall set up the software on a server that is accessible to the Customer via the Internet.
2 GeSi offers the customer a choice of different service packages of its software solution, which can also be combined:
a) a free basic account
b) a paid SDBcheck® Premium Account
c) paid SDBcheck® add-ons “Company Account”, “SDBconvert®”, SDBcheck® Hazardous Substance Inventory and/or SDBcheck® Service
3. the individual subjects of performance and the specific scope of the services to be provided by GeSi are set out in the information in the respective offer to the customer and in the service details on the website prior to conclusion of the contract by GeSi https://www.gesi.de/sdbcheck-sicherheitsdatenblaetter-gratis-pruefen/.
4. the platform provided by GeSi enables the customer to fulfill the obligation to check in accordance with TRGS 400 and to inform a safety data sheet creator of possible errors in the safety data sheet. Irrespective of the specific service ordered, the services and functions owed are subject to the following listed limits, whereby the list is not exhaustive:
a) Only mixtures can be automatically checked for plausibility of classification and labeling (no substance safety data sheets)
b) The reading of PDF files is only possible for German and English SDS. Data from safety data sheets in other languages can be manually translated and entered into the form.
c) Physico-chemical classifications cannot be calculated and are therefore not part of SDBcheck®. Exception: The hazard class “flammable liquids.”
d) The plausibility check is always carried out with the classification specified in the safety data sheet for the respective ingredient. Reference is made to any existing harmonized classification for the respective ingredient in accordance with Annex VI of the CLP Regulation, but this is not taken into account in the check.
e) Specific concentration limits (SCLs) of an ingredient from the SDS must be recorded manually, whereby SCLs are automatically taken into account during the test if a harmonized classification according to Annex VI of the CLP Regulation exists.
f) The hazard-determining component(s) (for labeling) are not tested.
g) The additional hazard characteristics (EUH phrases) are already recognized, but not currently tested.
h) The safety instructions (P-phrases) are already recognized, but are currently not checked.
i) Toxicological and environmental toxicological data given for the mixture itself in the safety data sheet are not taken into account (i.e. only the corresponding properties and values of the ingredients are included in the plausibility check).
j) Information on mixture properties in Section 11 (e.g. detailed findings on skin irritant properties) shall not be taken into account when determining the mixture classification and labeling.
k) Currently only the mixture classification and mixture labeling of the safety data sheet is checked; not checked are, for example, dangerous goods classification, water hazard class, or the recommended personal protective equipment (PPE).
l) By using the corresponding e-mail function, the customer’s e-mail address is forwarded to the creator of the safety data sheet and random checks of the outgoing e-mails and the comparison that led to the result “deviation” are carried out. Upon transmission of the comparison to the creator of the safety data sheet, liability for any defects in GeSi’s services shall be transferred to the Customer.
5. the feedback provided by GeSi as part of the random checks of the comparisons is a voluntary service that checks the process that led to the result “deviation” from the safety data sheet. There is no entitlement to feedback.
6. when registering with SDBcheck®, the customer will be informed by GeSi by e-mail about essential and important updates and new features of SDBcheck® as part of the SDBcheck® User Info.
7 GeSi shall always ensure that the stored data can be accessed via the Internet.
8. GeSi reserves the right to expand services and make improvements if these serve technical progress, appear necessary to prevent misuse, or if GeSi is obliged to do so by law. The Client is not entitled to a specific quality of the platform and its functionalities. GeSi may make changes to the platform and functionalities or updates at any time without notifying the Client. GeSi shall eliminate all errors on the platform in accordance with these provisions within a reasonable period of time and in accordance with the technical possibilities.
9. GeSi shall be entitled to commission third parties, in particular subcontractors, for all services. These shall then be vicarious agents of GeSi. In particular, GeSi is entitled to call in further specialists for detailed questions, to replace deployed or named project employees at any time with comparably qualified resources, to use subcontractors of natural and legal persons, in particular third-party software. The provision periods shall be extended by the period in which the respective contractual partner fails to meet its obligations to GeSi, without prejudice to GeSi’s rights due to the Customer’s default.
10. if GeSi is in default with the performance owed, the Customer shall only be entitled to withdraw from the contract if GeSi fails to comply with a reasonable grace period set by the Customer.
11. the place of performance shall generally be the registered office of GeSi or the registered office of the Customer, unless otherwise specified in the individual agreement or the nature of the activity.
§ 5 Registration
1. in order for the registration to take place, the customer must fill in various mandatory fields.
2. after GeSi has received the data entered by the customer to register the user account, a confirmation of receipt of the registration will be sent to the e-mail address provided by the customer in a timely manner.
3. the customer and its users may only create one account each. The customer can delete his account and the associated information about himself or his profile without giving reasons in accordance with § 7 of these GTC, provided that no additional chargeable services have been ordered by the customer. Likewise, users of the customer can delete their accounts and the associated information about themselves or their profile without giving reasons.
4. registration and the associated creation of the Basic Account itself is free of charge for the customer.
§ 6 Prices, terms of payment, default
1. the mere creation and administration of a Basic Account is free of charge for the customer. However, the booking of the Premium Account and any add-ons within the framework of the platform is subject to a charge for the customer.
2. the Customer undertakes to pay GeSi the agreed monthly fee plus statutory VAT for the provision of the chargeable services. The usage fee shall be paid once a year in advance.
3. the amount of remuneration and the billing method for chargeable services are based on the respective contractual agreement or these terms and conditions.
4 GeSi shall issue the invoice in accordance with the agreed terms of payment at the beginning of the contractually agreed service period by e-mail or by post. Invoices must be paid within the period stated on the invoice. The Customer shall be in default if he has not paid within 30 days of the due date.
5. fulfillment of the payment obligation occurs when the contractually agreed claim is credited to GeSi’s account.
6. objections to fee statements must be raised with GeSi in text form. Invoices from GeSi shall be deemed to have been approved by the Client if they are not objected to within 4 weeks of receipt. Timely dispatch of the objection shall suffice to meet the deadline.
7. if the customer is in default of payment for 2 months and fails to meet its obligations, GeSi shall be entitled to withhold further services, interrupt ongoing services and withdraw from the contract with immediate effect or terminate the contract without notice.
8. in the event of premature termination of the contract, the services already provided by GeSi shall be remunerated by the Client in accordance with the contractual provisions until the termination becomes effective. Any statutory claims to which GeSi is entitled due to premature termination shall not be affected by this. Any claims arising from this Section 8 shall be offset within the scope of statutory claims.
§ 7 Termination
1. the contract for the free Basic Account is concluded for an indefinite period and can be terminated informally at any time without notice by deleting the customer account, provided that no additional fee-based services have been ordered by the customer.
2. if chargeable services are ordered, a minimum contract term of 12 months is agreed for these. The term is automatically extended by the previously agreed period of 12 months unless the customer terminates the contract in text form 3 months before the end of the contract.
3. a booked Premium Account can only be terminated at the end of the minimum contract term of the last booked add-on in accordance with § 3 No. 6 of these GTC.
4. the account of a customer or its user may also be blocked by GeSi. This may occur in particular if the customer or its user:
a) violates the GTCs or applicable law,
b) has deliberately provided false information when registering,
c) violates the rights of third parties,
d) misuses GeSi’s services and/or
e) if there is another important reason. In principle, a customer or its users shall be warned before being blocked, unless a warning is dispensable.
5. the right to terminate for good cause remains unaffected by this. Good cause shall be deemed to exist in particular if
a) the customer suspends payment
b) the customer is in arrears with payment of the invoice within the meaning of Section 6 (5) of these Terms and Conditions and the arrears already include two consecutive payment dates in the case of monthly payment or the due date has occurred in the case of annual payment and a corresponding reminder has been sent
c) the customer has filed an application for the initiation of insolvency proceedings
d) the customer fails to comply with his obligation to cooperate under these Terms and Conditions in a timely manner.
6. if the account of a customer or its users has been blocked by GeSi or the contractual relationship has been terminated for good cause, the customer or its users shall not be entitled to log in again.
§ 8 Obligations of the customer to cooperate
1. the Customer and its users are obliged to use the platform provided by GeSi and its content only for the contractually agreed purposes and to upload only safety data sheets in PDF format to the platform. If the Customer uploads other, irrelevant documents, in particular those in accordance with § 8 No. 4 i) of these GTC, the Customer shall forfeit a contractual penalty, which shall be determined by GeSi at its reasonable discretion in the individual case of a culpable breach and, if necessary, reviewed for appropriateness by a competent court. GeSi reserves the right to assert a claim for damages in excess of the contractual penalty. If GeSi incurs any additional expenses due to the use of its platform in breach of contract, these shall be charged by GeSi according to the expenses incurred. However, the Client may provide evidence to the contrary that the respective use in breach of contract is not the cause of the additional expenses incurred.
2. the data of the safety data sheet is determined from the texts of the PDF file using an algorithm. This can lead to confusion and misinterpretation of the automatic determination. The customer is therefore obliged to compare the determined contents with those of the uploaded safety data sheet before carrying out the SDBcheck® and to correct them if necessary.
3. the Client shall ensure that the authorized users of the platform are obliged to comply with the provisions of this agreement. In this respect, the Client shall indemnify GeSi against any liability for damages arising from user behavior contrary to this agreement. However, the Client may provide evidence to the contrary that the respective user behavior is not the cause of the damage.
4 The parties shall work together in a spirit of trust. If a contracting party recognizes that information and requirements, whether its own or those of the other contracting party, are incorrect, incomplete, unclear or impracticable, it must immediately inform the other party of this and the consequences it recognizes. The parties shall then look for a solution that is in line with their interests and endeavor to achieve this, if necessary in accordance with the provisions on changes to services. The obligations of the customer and its users to cooperate are generally derived from the respective offer, the respective service descriptions on the website prior to conclusion of the contract as well as the individual agreements and/or these General Terms and Conditions. The list of obligations mentioned is not exhaustive. In particular, the customer shall provide the following services free of charge:
a) The customer and its users are obliged to provide their data completely and truthfully when concluding the contract and when using the platform. At the start of the services, they shall provide all required or requested documents, data, content, process descriptions and other information completely and truthfully. Should there be any changes, these must be communicated to GeSi without delay.
b) The Client is obliged to check the legal admissibility of the commissioned services itself. This shall apply in particular in the event that GeSi’s services violate professional ethics, competition law, copyright law, trademark law, data protection law or other legal regulations. In addition, the Customer is obliged to obtain all necessary consents and permissions for the processing of personal data and publication of the corresponding content.
c) Insofar as contractually owed, GeSi shall provide the Customer with storage space on a server for the operation of the platform. The Customer may store content on the storage space provided by GeSi up to the contractually owed amount. The Customer shall not be entitled to transfer this storage space to a third party for use in part or in full, for a fee or free of charge.
d) The Client shall ensure that any service under the responsibility of third parties which may influence or be related to the provision of services by GeSi is provided on time and to the required quality and that GeSi is provided with all necessary information and results in good time.
e) He shall ensure at all times during the contract period that competent persons are available and willing to provide information.
f) The use of GeSi’s services requires any end device (tablet, notebook, PC) and an active Internet connection to use the platform. The Customer is aware that GeSi’s platform is not supported by smartphones. Ensuring the availability of the Internet connection is the sole responsibility of the Customer. The Customer shall bear all costs incurred for this. The full range of functions of the platform only applies to the current and two years previous common end devices as well as the current common browser versions and the respective two updates prior to the current version.
g) By commissioning the corresponding SDBconvert® service, the Customer undertakes to import generated JSON files only into the software system that was agreed upon conclusion of the contract.
h) The Customer and its users are themselves responsible for ensuring that all access data of their user accounts are kept strictly confidential and are not passed on to unauthorized third parties. Access data and the rights granted for use may not be sold, given away or lent, rented or leased to third parties, either directly or indirectly, without GeSi’s prior consent. If there are indications that unauthorized third parties have knowledge of the access data, GeSi must be informed immediately and, if possible, the access data must be changed.
i) The Customer and its users undertake not to upload any content to the platform that:
– does not represent safety data sheets in PDF format
– violates the rights of third parties, including intellectual property rights, in particular copyright or personal rights,
– is discriminatory, racist, sexist, obscene and/or hateful and/or glorifies violence or violates other provisions of the German Criminal Code. (This also applies if such content is made accessible via hyperlinks or other connections).
– contain viruses or other malware that are capable of damaging, surreptitiously intercepting or deleting data or systems,
– contain personal information without the necessary consent,
– be used to send junk mail, chain letters or unsolicited mass mailings or spamming, phishing, trolling or the like,
– contains scripts, bots or other automated technology to access the Platform,
– otherwise similarly violates the rights of third parties, including data protection or privacy rights, or applicable laws and regulations.
j) GeSi is entitled to monitor content that violates these provisions and, if necessary, to delete it in individual cases at its discretion.
k) The Customer and its users are obliged to regularly back up their settings and data, insofar as these obligations do not lie with GeSi according to the nature and scope of the respective contract.
l) The customer and its users are prohibited from using crawlers, web agents or similar software tools that contradict normal use in accordance with the contract. They undertake to check their data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
5. in the event that the customer fails to cooperate or fails to cooperate fully and/or correctly, GeSi shall be entitled to additional remuneration for the additional work caused by this, at the hourly rates customary in the industry.
6. if the Client or a user designated by the Client violates the present provisions with a contractually provided access, GeSi may immediately block the access of all users of the Client without prior notice and immediately delete the application data affected thereby with prior notice in text form if the violation can be demonstrably remedied as a result. If the blocking was ordered by the authorities to avert danger or to avert danger to GeSi, its customers or other users, the notification can only be made after the blocking.
7. if the Customer fails to comply with its obligations to cooperate after a reasonable deadline has been set, GeSi shall be entitled to terminate the contract extraordinarily. In this case, GeSi shall be entitled to demand the remuneration incurred up to this point in time. Further claims for damages shall remain unaffected by this.
8. if third parties assert claims against GeSi in accordance with the preceding clauses, GeSi shall inform the Customer of this immediately. The Customer undertakes to indemnify GeSi against any liability towards third parties in this respect, to support GeSi in its legal defense and to assume the costs of the appropriate legal defense, provided GeSi is not at fault.
§ 9 Liability / Warranty
1. the customer is liable for ensuring that the platform and the functionalities are not used for unlawful purposes or purposes that violate official regulations or requirements.
2 GeSi offers its services in accordance with the current technical and legal framework conditions of the Internet. The Customer is aware that disruptions and impairments may occur during transmission. GeSi shall provide its services in accordance with the current state of the art and shall exercise the care customary in the industry. The functionality of the platform is based on the description in the service description or the offer and the supplementary agreements made in text form.
3. GeSi guarantees an annual average availability of its servers of 98.5% for the chargeable services pursuant to § 4 No. 2 b) and c) of these GTC. GeSi shall not be liable for claims arising from the fact that the platform is temporarily unavailable, in particular due to maintenance work, provided that the outage does not exceed a total time of more than 1.5% of a year per calendar year and in the case of longer outages there is no intent or gross negligence. In the event of service outages due to a disruption for which GeSi is not responsible, no reimbursement of fees shall be made. GeSi does not owe any minimum availability for free services.
4 GeSi’s liability for defects in the free services shall be limited to cases where GeSi fraudulently conceals a defect from the Client. In the case of free services, the Client shall have no claims to rectification of defects by GeSi. GeSi’s liability for defects in the right to free services shall be limited to the event that GeSi fraudulently conceals a defect in the right to free services from the Client. § Section 536 a para. 1, 1st alt. BGB, which includes a no-fault claim for damages by the Customer against GeSi, is excluded.
5. liability for defects shall be excluded for defects caused by external influences for which GeSi is not responsible or by improper use by the Customer. It shall also lapse if the Customer itself or third parties make changes and/or additions to GeSi’s services without express approval in text form. However, the Customer may provide evidence to the contrary that the respective change and/or addition is not the cause of the defect.
6 GeSi shall not be liable for the loss of data and/or programs to the extent that the damage is due to the fact that the Customer or its users have failed to carry out regular data backups at short intervals customary in the industry and thereby ensure that lost data can be restored with reasonable effort, unless the respective data backup is one of GeSi’s main performance obligations.
7 The customer shall report defects immediately. The notification may initially be made verbally, but must be submitted in text form on the 3rd working day at the latest. A notification of defects may only be made by a competent person and must meet the following requirements:
a) precise description of the problem (error and expected behavior)
b) screenshot of the error message
c) a description of how the error can be reproduced
d) meaningful contact person for the problem
8. before asserting claims for subsequent performance, the Customer shall check with due care whether a defect subject to subsequent performance exists. If an alleged defect is not subject to the obligation of subsequent performance (apparent defect) or GeSi has increased expenses due to an insufficiently determined error message, the Customer may be charged for the services provided by GeSi for verification and error rectification at its respective applicable remuneration rates plus the expenses incurred, unless the Customer could not have recognized the apparent defect even if it had exercised due care.
9. the Customer shall support GeSi in determining and remedying the defect and shall immediately grant GeSi access to the necessary information from which the detailed circumstances of the occurrence of the defect can be determined.
10. subsequent performance shall be effected at GeSi’s discretion by remedying the defect, supplying a program or another item that does not have the defect, or demonstrating ways in which the effects of the defect can be avoided. The Customer may not enforce a reduction by deducting it from the agreed monthly flat rate. Corresponding claims for enrichment or damages remain unaffected. The customer’s right to terminate the contract for failure to grant use in accordance with Section 543 (2) sentence 1 no. 1 of the German Civil Code is excluded, unless the repair or replacement delivery is deemed to have failed. GeSi’s strict liability for damages for defects that already existed when the contract was concluded shall be excluded. Self-remedy by the Customer shall be excluded.
11. GeSi may also remedy defects by issuing instructions to the Customer by telephone, in writing or electronically.
12. as long as the Customer has not yet paid the remuneration due under the respective contract in full and he/she has no legitimate interest in retaining the outstanding remuneration, GeSi shall be entitled to refuse subsequent performance.
13. self-remedy by the customer is excluded.
14. the place of performance for subsequent performance shall be GeSi’s registered office.
15 GeSi shall be entitled to at least 5 attempts at subsequent performance within a reasonable period. The failure of a 5th attempt at subsequent performance does not necessarily mean the final failure of subsequent performance. Rather, GeSi shall be entitled to make further attempts at subsequent performance within the set deadlines or in view of the circumstances of the individual case.
16 GeSi shall be liable without limitation for damage caused intentionally or by gross negligence, in the event of fraudulent concealment of defects, in the event of the assumption of a guarantee of quality, for claims based on the Product Liability Act and for injury to life, limb or health.
17 GeSi shall only be liable for other damages if an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation).
18 In the event of slight negligence, liability shall be limited to the amount of foreseeable damage that can typically be expected to occur.
19 The above liability provisions shall also apply to GeSi’s vicarious agents.
20 Liability is otherwise excluded.
§ 10 Rights of use
1. all contents of the GeSi platform are protected by copyright.
2. unless otherwise agreed, the customer shall receive a simple, non-transferable, spatially unlimited right of use limited to the duration of the contractual relationship. The right of use shall be limited exclusively to the intended use of the platform and the content provided by GeSi. Any other use of any content is not permitted.
3. the Customer shall have no claim to disclosure and/or transfer of the source code, insofar as this does not conflict with any mandatory statutory provisions. GeSi shall be exclusively entitled to all rights to any software in the relationship between the contracting parties, insofar as no rights are granted to the Customer under these GTC or any other agreement. This contract does not grant any property rights / intellectual property rights or comparable rights to the platform and the functionalities. All intellectual property rights shall remain with GeSi even with the right of use in accordance with this contract of use.
4. in particular, the Customer shall not be entitled to use the Platform, its functionalities and the content provided, or to have them used by third parties, beyond the agreed scope without the prior written consent of GeSi. In particular, it is not permitted to sell, rent or lend the platform, its functionalities and the content provided.
5. GeSi shall be entitled to use any development and any know-how from orders/further developments freely for further orders and to exploit them at its own discretion.
6. in the event that copyright-relevant works are uploaded, the Customer shall grant GeSi a simple right of use, limited in terms of territory, time and content, for the intended use within the GeSi platform.
7. the Customer shall also be obliged to ensure that the data, images, texts and other content provided by it to GeSi for the contractually agreed services to be provided by GeSi do not violate statutory provisions and/or third-party rights. The Client shall indemnify GeSi against any liability in relation to the breach of these obligations. Any recourse claims by the Client are excluded. GeSi is not obliged to check the Customer’s content for possible legal violations.
§ 11 Support services
1. insofar as GeSi provides support services to the Customer, GeSi shall act exclusively in an advisory capacity, whereby no concrete success can be guaranteed. In this case, GeSi shall not be responsible for the success/customer objective of the services commissioned.
2. the support services to be provided by GeSi to the Customer shall be determined by the underlying offer and the information provided by GeSi on the website prior to conclusion of the contract.
3. support services on the part of GeSi shall generally be provided by remote maintenance by email or telephone. Support beyond the obligations arising from this contract is not owed, unless agreed separately.
4. the customer must send support requests by telephone to 0931 / 4653300 or by e-mail to support@gesi.de
5 GeSi shall not be obliged to adapt any software and/or other services to any changes made to the platform, whether by the manufacturer of the software or third parties, insofar as these adaptations go beyond merely maintaining the rental item in a suitable condition for use in accordance with the contract.
6. GeSi shall not be liable for advice on a possible adaptation of the platform to a changed hardware and/or software environment of the Customer, including new program versions or the implementation thereof; or advice on changed technical conditions (database update, system update, platform update, etc.); or other adaptations, advice, additions and extensions to the software, for whatever reason, unless expressly owed
7 GeSi will provide any support services within the following service hours: Monday to Friday, between 9 am and 4 pm. The aforementioned service hours do not apply on local or national holidays. Service times within the meaning of these provisions are defined as the times during which GeSi guarantees availability for fault acceptance. During these times, GeSi is only obliged to take up the issue raised, but not to process it immediately.
8. the customer shall describe malfunctions of the platform or its functions in as much detail as possible, describing the symptoms, the operating conditions, previous instructions to the platform and any relevant third-party machines or systems.
§ 12 Force majeure
GeSi shall be released from its obligation to perform in cases of force majeure. Force majeure shall include all unforeseen events and events whose effects on the fulfillment of the contract are not the responsibility of either party. Such events include, in particular, pandemics, epidemics, lawful industrial action, including in third-party companies, and official measures.
§ 13 Final provisions
1. the exclusive place of jurisdiction for all disputes concerning the contractual relationship shall be the registered office of GeSi in Germany, provided that the parties are merchants.
2. amendments or additions to the respective contract must be made at least in text form to be effective.
3. should a provision of this agreement be invalid or become invalid during the term of the contract, this agreement shall not be affected by this in all other provisions and shall continue to apply unchanged. The invalid provision shall be replaced by another, permissible provision that comes closest to the meaning and purpose of the invalid provision.
Status: 27.03.2023