General Terms and Conditions (GTC) of Gitterdan GmbH

Section 1 Scope, Definitions
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the use of the software "Gitterdan" provided by Gitterdan GmbH (hereinafter "Provider") as Software-as-a-Service (hereinafter the "Service").
(2) These GTC apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), to legal entities under public law and to special funds under public law (hereinafter the "Customer").
(3) Terms and conditions of the Customer that conflict with or deviate from these GTC do not become part of the contract unless the Provider has expressly agreed to their application in text form.

Section 2 Subject Matter of the Contract, Description of Services
(1) The Provider makes the Service available to the Customer for use via the internet for the term of the contract (rental of software). The scope of functions results from the applicable service description or the selected plan.
(2) The Service is operated on servers of the Provider or its subcontractors. The point of delivery for the service is the router output of the data center used by the Provider.

Section 3 Conclusion of Contract, Registration
(1) The presentation of the Service does not constitute a binding offer. The contract is concluded through [registration and activation of access / acceptance of the offer in text form].
(2) Upon registration the Customer must provide truthful and complete information and keep it up to date.

Section 4 Availability, Maintenance
(1) The Provider ensures an availability of the Service of [99%] on annual average, measured at the point of delivery. Excluded from this are periods of scheduled maintenance as well as outages due to circumstances outside the Provider's control (in particular force majeure, disruptions of public networks).
(2) Scheduled maintenance work will, where possible, be carried out during low-usage periods and announced in advance.

Section 5 Duties and Obligations of the Customer
(1) The Customer uses the Service only within the framework of applicable laws and these GTC.
(2) The Customer keeps its access credentials confidential and protects them from access by third parties.
(3) The Customer is responsible for the content and data it uploads and ensures that it is entitled to use such content and does not infringe the rights of third parties.
(4) The Customer remains responsible for regularly backing up its own data, unless a backup has been expressly agreed as a service.

Section 6 Rights of Use
The Provider grants the Customer, for the term of the contract, a simple (non-exclusive), non-transferable and non-sublicensable right to use the Service in accordance with the contract. No further rights, in particular to the source code, are granted.

Section 7 Prices and Payment Terms
(1) The prices according to [the applicable price list / the agreed plan] apply. All prices are exclusive of statutory value-added tax (VAT).
(2) Payment is due [in advance, monthly/annually]. In the event of default in payment, the statutory provisions apply.

Section 8 Contract Term, Termination
(1) The contract runs [for an indefinite term / for the selected term of …]. It may be terminated by either party in text form with [a notice period of …] effective [end of term].
(2) The right to extraordinary termination for good cause remains unaffected.
(3) After the end of the contract, the Provider provides the Customer with the opportunity to export its data for a period of [30 days]; thereafter the data is deleted.

Section 9 Data Protection, Data Processing
(1) Insofar as the Provider processes personal data on behalf of the Customer, the parties conclude a data processing agreement pursuant to Article 28 GDPR. In this respect the Customer is the controller and the Provider is the processor.
(2) In all other respects, the Provider's privacy policy applies.

Section 10 Warranty
(1) The Provider warrants that the Service can be used in accordance with the contract. The statutory provisions of tenancy law apply unless otherwise provided in these GTC.
(2) The Provider's strict (no-fault) liability for defects existing at the time of conclusion of the contract pursuant to Section 536a (1), first alternative, BGB is excluded.

Section 11 Liability
(1) The Provider is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), and to the extent of any guarantee assumed.
(2) In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation), liability is limited to the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer regularly relies.
(3) In all other respects, the Provider's liability is excluded.
(4) The foregoing limitations of liability also apply in favor of the Provider's legal representatives and vicarious agents.

Section 12 Confidentiality
The parties treat confidential information of the other party as confidential and use it only for the purposes of the contract. This obligation continues beyond the end of the contract.

Section 13 Amendments to the GTC
The Provider may amend these GTC with effect for the future. Amendments will be notified to the Customer in text form. They are deemed approved unless the Customer objects in text form within [six weeks] of receipt of the notification; the Provider will specifically point out this consequence in the notification.

Section 14 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is [Stuttgart], provided that the Customer is a merchant, a legal entity under public law or a special fund under public law.
(3) Amendments and supplements to the contract must be made in text form.
(4) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.

This English version is the authoritative version of these GTC. A German translation is provided for convenience only; in case of discrepancies, this English version prevails.

Last updated: June 2026