General Terms and Conditions as of 01.03.2025

§ 1 Scope of application

The General Terms and Conditions apply to the entire business relationship between the customer and KLEEN SOFTWARE GMBH, Ingenieurbüro Kleen and Kleen Holding GmbH (hereinafter referred to as "Kleen Group"). These General Terms and Conditions apply to all contracts that the customer concludes with one of the aforementioned companies.

§ 2 Rights of use, rights of third parties

1. the customer shall receive a simple right of use to the software supplied for an unlimited period of time. The right of use is personal, non-transferable and non-exclusive.

2. the Kleen Group retains full ownership rights to the software solutions. The licensed software solutions are protected by copyright. They are provided for use and are not sold.

3. the customer is not permitted to lend, rent or lease the software. Unless expressly stipulated in writing or required within the scope of the contractual use, the customer may not reproduce, edit, modify or translate the software, not even in part, without the prior written consent of Kleen Group. Furthermore, the customer may not disassemble, decompile, reconstruct or use other procedures to determine the source code or obtain other information about the design or creation of the software.

§ 3 Copyrights

The customer bears all legal responsibility with regard to copyright protection, protection of minors, press law and the "right to one's own image".

For publications commissioned by the customer, only texts and images are to be published or made available for publication for which a corresponding right of use exists and for which the necessary consent of any persons depicted has been obtained.

The copyright to all works created by the Kleen Group shall remain with the Kleen Group.

§ 4 Reproduction rights and access protection

1. the customer undertakes to use the underlying software exclusively for the purposes specified in the contract. The entire source code, as well as individual modules and functions, may not be passed on to third parties or used for other own projects. No modifications may be made to the existing software without the written consent of the Kleen Group. The Kleen Group must always be listed in the imprint of the software as long as components of the software are used for the software.

2. in addition, the customer may make copies for backup purposes. However, only a single backup copy may be made and stored. This backup copy must be marked as such of the program provided.

3. the customer is obliged to take suitable precautions to prevent unauthorized access by third parties to the program, the source code, the database and the documentation. The original data carriers supplied and the backup copies must be stored in a place secured against unauthorized access by third parties. The customer's employees must be expressly instructed to comply with these contractual conditions and copyright law.

4. the customer may not make any further copies, including the output of the program code to a printer.

§ 5 Program modifications

1. if errors occur in the system, the customer shall be entitled to support from the Kleen Group.

2. the corresponding actions may only be left to commercially operating third parties who are in a potential competitive relationship with the supplier if the supplier does not wish to make the desired program changes for an appropriate fee. The author must be granted a reasonable period of time to examine the acceptance of the order and must be informed of the name of the third party.

3. if the aforementioned actions are carried out for commercial reasons, they are only permitted if they are essential for the creation, maintenance or functioning of an independently created interoperable program and the necessary information has not been published or is otherwise accessible.

4. copyright notices, serial numbers and other features serving to identify the program may not be removed or altered under any circumstances.

§ 6 Liability

1. the Kleen Group accepts no liability for the end products created with the aid of the software. We assume neither a guarantee nor liability for the suitability of the end products created with our software for the purpose intended by the customer.

2. the customer is obliged to check the suitability of the end products for his specific purpose himself. This includes, in particular, testing for freedom from defects, conformity with legal requirements and suitability for the intended purpose.

3. the Kleen Group shall not be liable for damage caused by the use of defective end products, in particular if the customer uses these despite recognizable defects or passes them on to third parties.

4. this exemption from liability shall not apply to damage caused by intentional or grossly negligent behavior on the part of the Kleen Group, nor to damage resulting from injury to life, limb or health.

5. outside the warranty, the Kleen Group shall only be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, limb or health.

6. in the event of a slightly negligent breach of material contractual obligations (cardinal obligations), Kleen Group's liability shall be limited to the foreseeable damage typical of the contract.

7. the Kleen Group shall have no further liability.

In particular, there is no liability for loss of profit, business interruption, loss of data or other consequential damage, insofar as this is legally permissible.

8. the above limitations of liability shall also apply to the personal liability of Kleen Group employees, representatives and bodies.

§ 7 Warranty

1. the warranty for the defect-free functionality of the software in accordance with the service description shall remain unaffected by the above exclusions of liability.

2. in the event of defects in the software itself, the statutory warranty rights shall apply, insofar as these have not been modified by permissible agreements in these GTC.

3. the Kleen Group warrants that the software fulfills the agreed scope of functions when used in accordance with the contract.

However, complete freedom from errors cannot be guaranteed.

4. the customer is obliged to check the software immediately upon receipt and to report any recognizable defects within a reasonable period of time.

§ 8 Amendments

The customer shall be notified in writing of any changes to these terms and conditions. They shall be deemed to have been approved if the customer does not lodge a written objection with the Kleen Group within 6 weeks of notification of the changes. In case of doubt, the date of the postmark shall apply.

§ 9 Forwarded orders

If the content of an order is typically executed in such a way that Kleen Group entrusts a third party with the further execution of the order, Kleen Group shall fulfill the order by forwarding it to the third party in its own name. In these cases, Kleen Group's liability is limited to the careful selection and instruction of the third party.

§ 10 Offers

Our offers are subject to change and non-binding. The current price list and the prices stated in the individual offer shall apply.

§ 11 Conclusion of the contract

A contract with the Kleen Group is concluded by the transmission of the signed customer order by fax, electronic mail or delivery and the order confirmation by the Kleen Group.

§ 12 Data

The customer shall indemnify Kleen Group against all third-party claims relating to the data provided. In the event of data loss, Kleen Group cannot be held liable and the customer undertakes to transmit all necessary data to Kleen Group again free of charge.

§ 13 Data protection

The contractual partner agrees that, within the framework of the contract concluded with him, data relating to his person may be stored, amended and/or deleted and transmitted to third parties where necessary. This applies in particular to the transmission of data required for the registration and/or modification of a domain (Internet address).

§ 14 Prices and payments

Invoices shall be issued in accordance with our valid price list or the price individually agreed with the customer. All invoices are payable immediately and without deduction. If the customer is in arrears with payments due, the Kleen Group reserves the right not to perform further services until the outstanding amount has been settled and to pass on any costs incurred as a result to the customer. Objections due to incorrectness or incompleteness of an invoice statement must be raised by the customer in writing within a period of six weeks after receipt of the invoice at the latest. In case of doubt, the date of the postmark shall apply. Failure to raise objections in good time shall be deemed approval.

§ 15 Applicable law and place of jurisdiction

German law shall apply to all contracts. The place of jurisdiction is Hamm.

§ 16 Final provisions

Deviations from these terms and conditions are only effective if they are agreed in writing.
Kleen Group's legal successors shall also be bound by the obligations arising from contracts concluded on the basis of these General Terms and Conditions. Should these General Terms and Conditions and/or other contractual agreements contain an invalid provision, all other provisions shall remain unaffected.