hereinafter referred to as accompio PrimeTec – the general license terms and conditions shall apply to the respective contracting party of accompio PrimeTec.
1. These General Terms and Conditions of Business and Licensing (hereinafter referred to as "Terms" or "GTC") apply to all contracts concluded between accompio Prime Tec GmbH (hereinafter referred to as "Contractor") and the Customer. By concluding the contract, the Customer irrevocably acknowledges these Terms, regardless of whether they have actually taken note of them. The Customer's terms and conditions shall not become part of the contract, even without express objection, unless the Contractor agrees to them in text form on a case-by-case basis.
2. The general terms and conditions in the version valid at the time the contract is concluded shall apply.
3. Amendments or changes to these Terms and Conditions require written form according to § 126b of the German Civil Code (BGB) to be legally effective.
4. These terms and conditions apply only to businesses within the meaning of § 14 of the German Civil Code (BGB).
5. For reasons of readability, the simultaneous use of masculine, feminine, and diverse language forms is omitted. The use of the word „customer“ nevertheless applies to all genders.
6. The contract language is German.
Product and service descriptions by the contractor on the website and other digital or analog advertising media do not constitute a binding offer. The customer is hereby invited to submit an offer to the contractor for the conclusion of a contract. Acceptance of the offer can only be made through an express order confirmation or through a payment request.
2. If the contractor submits a request, the contractor will arrange a meeting with the client to discuss the contractual terms. The client will thereafter receive a binding offer and a description of services. The validity of the offer is set out in the offer. The deadline may be extended by mutual agreement. After the deadline has expired, the offer shall be deemed to have been rejected.
3. The acceptance of the offer must be in written form at a minimum.
4. The specific scope of services shall be determined by the order confirmation and the service description. The customer is hereby informed that sending an automatic confirmation of receipt does not constitute the conclusion of a contract. Any expansion or modification of the contract after its conclusion shall only be possible with the agreement of the parties. The contracting parties shall each be entitled to refuse an adjustment or expansion of the contract while maintaining the previous agreements. This shall also apply to post-contractual adjustments of the service.
Subject matter of the contract
1. The subject of the contract is the provision of IT services, including supplementary support, in accordance with these General Terms and Conditions, including the service description, exclusively for the customer's own internal purposes (hereinafter collectively referred to as „Service“). The nature and scope of the subject matter of the contract shall be determined by the service description.
2. The contractor is not obliged to install the service in the customer's IT infrastructure.
3. Please refer to "8. Customer's Rights of Use to the Service; Indemnification".
Provision
4. The manner of provision (e.g. implementation or access data via cloud) of the contractual object is set out in the service description.
5. Delivery is generally made remotely, unless otherwise agreed.
Scope of Services
6. The scope of services is defined by the order confirmation and the service description. The nature and functionality of the service are conclusively set out in the service description.
7. The respective current documentation for the Service is available in electronic form on the website. This documentation outlines the Service's performance description, which details the technical requirements for using the offered services, the nature and functionalities of the services, and the support services.
The customer is hereby informed that the contractor is only obliged and authorised to perform the contractually agreed service. Services beyond this require an additional express agreement.
Commissioning of third parties; Third-party service elements
9. The contractor is entitled to engage third parties to perform its services. No additional costs will be incurred by the customer. The customer is hereby advised that no contractual relationship will be established between them and the third party.
10. Some service elements may be provided by third parties. Where these are provided by the contractor, they are set out in the service description. If integration of third-party applications or the acquisition of third-party licenses is necessary, the contractor will inform the customer in advance.
Maintenance, performance modifications
1. The contractor receives the service in a condition suitable for contractually agreed use and carries out the necessary maintenance. The relevant measures are carried out at regular maintenance intervals, as well as when defects, malfunctions or damage occur. The customer will be informed in advance by email about longer interruptions due to unavoidable maintenance work or similar (see Clause 2).
2. The contractor is entitled to make reasonable changes to the service in order to be able to continue offering the service or to achieve an improvement/expansion of the service, even in the event of changes and adaptation requirements beyond the contractual use, particularly in the case of changed technical requirements and standards, changes in legal frameworks and/or other external factors (e.g. increased user numbers). These changes will be implemented free of charge in the form of updates.
3. The contractor shall inform the customer in good time about changes, describing the changes and the timing of the changes, and shall communicate any necessary installation instructions. §§ 7 and 8 are referred to.
4. These General Terms and Conditions shall apply mutatis mutandis to changes in the service made in accordance with the foregoing provisions during the term of the contract.
5. The contractor is entitled to cease or change third-party services, provided that the customer's interests are not unreasonably impaired. The customer will be informed of this in good time and in advance.
System availability
6. Service availability is determined by the service description. This is calculated as the number of hours the service is functional divided by the total number of hours in the respective month. Availability is defined as the provision of services without material functional impairments; periods of non-material functional impairments are considered periods of system availability. The determination of availability results from the service description. The prerequisite for availability is the creation and maintenance of the technical requirements by the customer. If the technical requirements are not met and/or are not maintained, and this leads to impairments, this cannot be attributed to the contractor.
7. The contractor shall generally provide the service around the clock during the contract term. In the event of planned outages, the customer shall be informed in advance in good time.
Support
8. The customer has access to e-mail customer support during the contractor's usual business hours. The customer support contact details and availability will be communicated to the customer in an appropriate manner, e.g. in the order confirmation or the service description. The contractor will inform the customer where the contact details and availability can be viewed.
9. A support case exists when the service does not meet the requirements of the service description. In the event of a support case, the customer must provide the contractor with the most detailed description possible of the respective functional defect.
1. All prices stated in the offer are net prices plus the applicable statutory value added tax and other price components.
2. The Customer shall pay the Contractor the remuneration contractually agreed upon at the conclusion of the contract in accordance with the agreed payment methods. The Customer is hereby informed that, in addition to the monthly payments, a one-time setup fee may be incurred. This fee is detailed in the offer.
3. If the customer does not pay the outstanding amount in full despite being given a reasonable deadline, the contractor is entitled to temporarily restrict or block the customer's access until the outstanding amount is paid in full. Upon receipt of the full payment, the contractor shall reinstate access within three (3) working days (taking into account the public holiday calendar of the Free State of Saxony). Any rights of termination shall remain unaffected.
4. Unless otherwise agreed, invoices will be sent electronically. The customer must ensure that the email address provided by them is available for the duration of the contract.
The customer is hereby informed that, in addition to the obligations listed below, further co-operation may be required, particularly depending on the nature of service provision. These arise from the service description, which forms part of the contract. Should further co-operation be necessary, the customer will be notified of these. These co-operation obligations are necessary for the fulfilment of the contract.
2. The customer must provide truthful information when submitting their details, including during the conclusion of the contract.
3. The customer is obliged to inform the contractor immediately upon becoming aware of any changes in addresses, contact persons, or email addresses, at least in written form.
4. The contractor must name one or more contact persons and their relevant contact details. The contact person must be authorised to make decisions.
5. The customer is the owner of the information and data uploaded or used by them (hereinafter referred to collectively as „data“). The customer shall check their uploaded or used data within the scope of the service for risks such as viruses, worms, and Trojans, and shall use anti-virus programmes that comply with the state of the art.
6. Where a customer accesses the Service via third-party applications, the customer must comply with such applications' policies and terms and conditions accordingly.
7. The Customer shall ensure that any access details, usage rights, etc. provided in connection with the Service are treated as confidential and protected from access by third parties, and that they are only disclosed within the scope contractually stipulated by these terms or with the express consent of the Contractor. The Customer shall immediately report any loss of access details and any abusive or non-contractual use of the Service to the Contractor.
8. The customer undertakes to make appropriate provisions for the availability, maintenance, and security of all their own data entered or used outside the service. The customer must regularly create backup copies of all their data that is entered, used, and/or generated within the service in order to enable their reconstruction in case of loss.
9. When using the service, the customer must comply with the applicable law in Germany and abroad.
10. The customer is hereby informed that the service uses AI systems, which are capable of making errors. It is recommended that the customer only process or act upon the results of generated test cases after careful review.
11. The Customer shall indemnify the Contractor against all third-party claims, including the necessary costs of legal defence, which are asserted against the Contractor due to a culpable breach of these General Terms and Conditions by the Customer.
In the event of any such claims being made by third parties, the contractor shall inform the customer immediately of the claims made and shall, at the customer's discretion, either leave the defence to the customer or conduct it in cooperation with the customer. The indemnification shall apply correspondingly to fines or other administrative or judicial orders and claims.
12. The customer is responsible for preventing unauthorised access to its facilities, systems and networks. Systems and components should only be connected to the company network or the internet if and to the extent necessary, and appropriate security measures (e.g. use of firewalls and network segmentation) are in place.
13. If third-party terms and conditions or policies are to be complied with, this shall be the responsibility of the customer.
1. The customer is responsible for establishing all technical prerequisites for the use of the service. The contractor shall inform the customer of the necessary technical prerequisites (in particular, which end devices, which operating systems, which software) prior to the conclusion of the contract; these are also available for inspection in the service description. The customer must provide and maintain these during the contract term, unless expressly agreed otherwise. The customer is advised that the technical prerequisites may change. The contractor will inform the customer of this in text form in a timely manner.
2. The customer must have end devices suitable for using the service. The suitability criteria are set out in the service description. The customer is responsible for ensuring that the end devices are compatible and for maintaining that compatibility.
Granting of usage rights
All rights in the service as a whole, i.e. in particular but not exclusively the software and the service itself, as well as the associated service descriptions and documentation – in particular copyright and other industrial property rights – exclusively vest in the contractor and/or its licensors.
No title or other rights, nor licences to the services, associated materials or intellectual property are transferred, whether expressly or implicitly, unless otherwise agreed.
2. The Contractor grants the Customer, for the duration of this Agreement, a simple, non-transferable, non-sublicensable, spatially unrestricted right to access and use the Service for its own internal purposes in accordance with these terms for the duration of the contract term agreed upon in the order confirmation. To the extent the Contractor provides new versions of the Service during the contract term, the aforementioned license grant shall apply accordingly. Use by members of a corporate group of the Customer requires the express consent of the Contractor.
3. The customer is only permitted to use the service for the contractually agreed and intended purposes, as set out in the service description.
4. The use of trademarks, logos, or other distinctive signs is prohibited without prior consent.
Duration of usage rights
5. The customer has the right to use the service for the contract duration after the contract has been concluded. The right of use for the service ends upon expiry of the contract.
Restriction of Usage Rights
6. In particular, but not exclusively, the following rights are expressly not granted by the right of use and are prohibited for the customer and users to whom the customer grants access in accordance with these terms and conditions:
a) Circumventing and/or bypassing the technological protection measures in or in connection with the service;
b) Disassembling, decompiling, decrypting, hacking, emulating, exploiting, or reverse engineering the Service or any other aspect of the associated software and services included in or available through the Service;
c) The use of the Service to carry out benchmark tests and other capacity tests of the Contractor's infrastructure;
d) The separation of components from the service for use on other devices or systems;
e) Publishing, copying, renting, leasing, selling, exporting, importing, distributing or lending the Service, unless expressly permitted by the Contractor;
f) The transfer of the service, software licenses, or access or usage rights to the service to third parties, unless expressly permitted by the contractor;
g) The granting of sub-licences, unless expressly permitted by the contractor;
h) The use of the Service in an impermissible manner that could interfere with another person's use of the Service or access to software, services, data, accounts, or networks;
i) The transmission and processing of illegal or immoral content, as well as the sending or distribution of legally prohibited and/or unsolicited information or other services (e.g. unwanted and unrequested advertising).
Monitoring and control
7. The Customer is responsible for monitoring the use of the Service by any users to whom they grant access to the Service in accordance with these Terms and Conditions, and shall immediately notify the Contractor in writing of any use that exceeds the contractually agreed scope of use or violates these Terms and Conditions.
Breach of contract and unlawful use
8. The Customer and any other users whom they grant access to the Service in accordance with these T&Cs may only use the Service for their own internal purposes and only as expressly permitted in these terms, unless applicable law grants them more extensive rights despite this restriction or otherwise agreed. The Customer is obligated to comply with all technical restrictions of the Service which only allow specific uses.
The customer is not permitted to use the service, in whole or in part, in a manner that intentionally causes the service to be impaired or damaged, or that impairs other networks.
9. In the event of the customer's use of the service in breach of contract or unlawfully, the contractor may temporarily restrict or completely suspend the customer's access, in accordance with the principle of proportionality, in particular if,
a) if third parties make unauthorised use of the service;
b) for damage limitation or
c) if unauthorised use could adversely affect the contractor, other customers of the contractor, or the rights of third parties.
The Contractor shall inform the Customer by email without undue delay, and where reasonably practicable, in advance, of any such restriction or suspension.
1. The customer is obliged to fulfil their duties punctually and in full. The contractor will inform the customer of any deadlines for co-operation duties in good time in advance.
2. If breaches of the duty to co-operate lead to a delay, these are defaults by the customer and cannot be attributed to the contractor.
3. If the contractor suffers damage due to a culpable breach of the duty to cooperate, the contractor reserves the right to hold the client liable for such damage.
4. In the event of the customer's use of the service in breach of contract or unlawfully, the contractor may temporarily restrict or completely suspend the customer's access in accordance with the principle of proportionality, in particular,
a) if third parties make unauthorised use of the service;
b) for damage limitation or
c) if unauthorised use could adversely affect the contractor, other customers of the contractor, or the rights of third parties.
The Contractor shall inform the Customer by email without undue delay, and where reasonably practicable, in advance, of any such restriction or suspension.
5. Reference is made to "13. Force Majeure, Liability".
1. The customer guarantees that they are the owner of all rights pertaining to data uploaded to or processed by the Service, and will ensure, when uploading or using data for the Service's use, that they hold the corresponding rights of use and processing for the entire contract term. Data uploaded or used by the customer must not infringe third-party rights or contain any unlawful content. Data that violates these terms, data protection laws, contractual or statutory confidentiality obligations, export restrictions, or other legal provisions, or infringes third-party rights, must not be transmitted to the contractor, uploaded to or used within the Service, or processed by the Service. Reference is made to the indemnification clause in this context.
2. The customer remains the owner of the data supplied or used.
3. In the context of support or warranty (if applicable) cases, or within the scope of storage in the form of agreed backups, the contractor is granted a simple, time- and location-limited right of use for these purposes.
1. The contractor will comply with the statutory data protection regulations. The contractor will provide the customer with the applicable data protection policy before the conclusion of the contract.
2. If a contract for order processing pursuant to Art. 28 GDPR is necessary, the contractor shall inform the customer thereof.
Contract term
1. The contract duration is determined by the offer and the order confirmation. The term will only begin with the provision of the service, unless otherwise agreed.
2. If the contract is not terminated in accordance with Section 4, it shall be automatically extended for one year.
Special right of termination
3. If the service is no longer further developed and is discontinued or functionally replaced by a new product or solution („End of Life“, hereinafter referred to as „EOL“), the Contractor shall have a special right of termination. The Contractor shall announce the EOL date to the Customer by e-mail with at least six months' notice. The announcement of EOL shall be considered as an ordinary termination of support at the earliest possible date. The Contractor shall inform the Customer in good time about options for updates or, if applicable, a migration to a new service.
Termination
4. Both parties have the option to terminate the contract with a notice period of 3 months until the end of the contract term. The right to ordinary termination is otherwise excluded. If neither party terminates within the notice period, the contract will be extended by a further 12 months each, unless otherwise agreed. The notice periods in this clause 4 shall apply accordingly.
The right to extraordinary termination shall not be affected by this.
5. Each party is entitled to terminate the agreement without notice. A valid reason for termination exists in particular if
a) one of the parties becomes insolvent or is liquidated,
b) the customer fails, in whole or in part, to meet their payment obligations in accordance with Section 5 within two consecutive periods, not within the agreed timeframe,
c) the customer provides the service to third parties, whether for payment or free of charge, without authorisation;
d) the customer uses the service in contravention of the provisions of § 9, despite a prior warning.
All terminations must be in writing.
1. Unforeseeable events
If the contractor is unable to provide the service due to unforeseeable events arising after the conclusion of the contract and beyond their reasonable control, such as force majeure, strike, war, riot, pandemic, epidemic, or unavoidable operational disruption or closure, no claims for damages shall arise.
2. Unlimited liability of the contractor
The contractor shall be liable without limitation in the following cases:
a) for damages caused by him, including his legal representatives or vicarious agents, intentionally or through gross negligence;
b) in cases of wilful misrepresentation;
c) in the event of non-compliance with an assumed warranty;
d) due to culpable injury to life, body or health;
and also under the Product Liability Act.
3. Contractor's Limited Liability
To the extent that damage to the customer was caused by slight negligence, the contractor's liability is limited: liability exists only in the event of a breach of material contractual obligations and is limited in amount to the typical damages foreseeable at the time of contract conclusion. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract and on whose observance the customer regularly relies and may rely.
The customer is hereby informed that they are solely responsible for data backup. The customer is recommended to create backup copies. In the event of data loss, the contractor shall only be liable to the extent of the effort required to restore the data using the backup copies.
4. Exclusion of Contractor's Liability
The contractor's liability is excluded in the following cases:
a) The contractor shall not be liable for the customer's personal, economic or business success.
b) The contractor shall not be liable to the customer for damages incurred by the customer due to the information and data provided by the customer.
c) The contractor shall not be liable to the customer for damages incurred by the customer as a result of breach of their co-operation obligations.
d) The contractor shall not be liable for damages if the content provided by the client does not comply with applicable law or data protection regulations, provided the contractor has not violated applicable law or data protection provisions.
e) The contractor shall not be liable for damages incurred by the client due to a delayed notification of defects.
1. The customer's warranty rights shall be governed by the general statutory provisions, unless otherwise specified below.
2. The customer must immediately report any defects in the service to the contractor, stating the nature, extent, and duration of the defect and attaching all information relevant to rectifying the defect, e.g., as a screenshot or recording. The contractor will rectify the defect or have it rectified by third parties within a reasonable period, and the customer will support the contractor free of charge by providing information about the defect upon request. The contractor is entitled to bypass the defect with a so-called workaround solution if the cause of the defect itself can only be rectified with disproportionate effort, the usability of the service is ensured, and the solution is reasonable for the customer.
3. The contractor provides no guarantee that the service is suitable for the customer's purposes and business processes. The customer is solely responsible for assuring themselves of the suitability of the provision for their own intended use.
4. Warranty shall be excluded in the event of errors, problems or deficiencies caused by the system environment and/or within the customer's area of responsibility.
5. No additional warranty is provided.
1. German law shall apply to all contractual and other business relationships. The application of UN Sales Law (known as „CISG“, which stands for „United Nations Convention on Contracts for the International Sale of Goods“) is excluded.
2. Should individual provisions of the General Terms and Conditions or individual agreements of the contract be invalid, the validity of the remaining provisions shall not be affected. The statutory provisions shall apply in place of the invalid provisions.
3. If the contracting partner is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be the court at the contractor's registered office. The same applies if the contracting partner has no general place of jurisdiction in Germany or an EU member state, or if their place of residence or habitual abode is unknown.
Status: 01.07.2026
accompio PrimeTec GmbH
Stresemannplatz 3
01309 Dresden
