General Terms and Conditions of Business (GTC) of NATIF.AI GmbH
NATIF.AI GmbH
Campus A1 1
66123 Saarbrücken
Ust.Id.: DE323073937
Managing directors Manuel Zapp, Johannes Korves
E-Mail: contact@natif.ai
Campus A1 1
66123 Saarbrücken
Ust.Id.: DE323073937
Managing directors Manuel Zapp, Johannes Korves
E-Mail: contact@natif.ai
1. General provisions and conclusion of contract
1.1 These Terms and Conditions apply to contracts for the use of natif.ai. Our offer is intended exclusively for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. We refuse to conclude contracts with consumers within the meaning of Section 13 BGB. If we were deceived with regard to our contractual partner being a consumer, we reserve the right to termination without notice of the contract for cause.
1.2 Any deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract, even if we are aware of them, unless we have expressly agreed to their validity. These Terms and Conditions shall also apply if we provide the service without reservation despite being aware that the customer has terms and conditions that conflict with or deviate from our Terms and Conditions or if the customer has additional terms and conditions.
1.3 Our offer to conclude a contract does not constitute a legally binding offer. Rather, when placing an order, the customer submits an offer to us to conclude a corresponding contract. The customer is bound by its offer for a period of two working days at our registered office. During this period, we may accept or reject the offer. Acceptance takes place through the successful completion of the customer’s payment transaction, confirmation of the conclusion of the contract in text form by us or provision of the service. An automated email sent by us confirming receipt of the order does not constitute acceptance of the customer’s offer to conclude a contract.
1.4 The customer must provide truthful and complete information when registering online. Changes to the information provided must be made by the customer immediately in the customer area. The customer shall not be entitled to demand the correction of invoices that were not issued correctly due to a failure to update the data.
1.5 Only the information we provided at the conclusion of the contract shall be regarded as the agreed quality of natif.ai. Public statements, pitches or advertisements shall not constitute any contractual quality information.
2. Definitions
“API” refers to the REST API provided by us for using natif.ai.
“API Documentation” refers to the technical description of the API provided by us on the internet.
“API Documentation” refers to the technical description of the API provided by us on the internet.
3. Provision
After conclusion of the contract, we shall provide the API to the customer for use via the Internet after an appropriate period according to the provisions of this Contract. Normally, this is the case when we inform the customer via e-mail about its account having been set up.
4. Use of the API by the customer for its own purposes
The customer shall receive the right to use the API for its own purposes in accordance with the contract, limited to the term of this Contract, in accordance with the agreed scope and the API Documentation. Own purposes are also the use of the API by companies affiliated pursuant to §§ 14 ff. AktG (German Joint Stock Company Act). The customer is also our sole contractual partner in the event of use by such companies.
5. Use of the API for reselling
5.1 If the customer does not want the API for its own purposes, but instead wants to facilitate use of the API directly or indirectly by third parties (e.g. through integration of the API or of the functionalities offered by it in one of the customer’s own products), this section 5 shall apply. Use of the API by companies affiliated with the customer pursuant to §§ 14 ff AktG shall not be subject to this section 5.
5.2 The use authorisation of the API by the customer under this section 5 shall be on the condition that from the objective view of the third parties for whom it would like to facilitate the use of the API under this section 5, this offer of the customer offers a functionality, which goes beyond the functionalities offered by the API. Therefore, its offer may in particular not be any software solution which serves to provide the functionality of the API without significant additional benefits to third parties.
5.3 The solution offered by the customer using the API must include a customary and appropriate reference at a customary, easily visible position on the user interface that it uses natif.ai (e.g. reference “powered by natif.ai”). The reference must be provided with a link to natif.ai.
5.4 If third parties on account of one of these offers of the customer subject to section 5 – if and to the extent this does not represent any contractual use of the API – maintain they have claims against us, one of our executive bodies or one of our employees, the customer shall undertake to indemnify us, our executive bodies or our employees from these claims and any damage and costs arising from these claims. The claim to indemnity shall also cover appropriate costs for examination by lawyers and defence against the claims asserted. We shall immediately inform the customer if third parties assert corresponding claims and grant it the opportunity to cooperate in mounting a defence against the claims. The above provisions shall not affect any additional statutory claims to damages against the customer.
6. Limits on the use of the
6.1 Each party shall take the customary and appropriate precautions to protect user IDs / passwords for the use of the API from unauthorised third parties. The parties shall notify each other should they suspect that user IDs and/or passwords may have become known to unauthorised third parties.
6.2 The customer may not use the API in violation of the rights of third parties or for illegal purposes or allow it to be used. In particular, it shall refrain from any use that could lead to us being accused of violating applicable laws or the rights of third parties. It shall indemnify us against all corresponding claims by third parties, including appropriate costs of legal review and representation, upon first request.
6.3 If the customer violates the provisions of paragraph 2, we may block access to natif.ai or the corresponding data to the necessary extent, if in our equitable discretion this can remedy or minimise the violation. To the extent that we can reasonably be expected to do so, we shall notify the customer about the violation of paragraph 2 and request the customer to eliminate the violation within a reasonable period of time. The request or notification about a measure taken will be sent by email to the email addresses stored in the customer account. Instead of blocking, data may also be deleted if we are obliged to do so, if blocking is not sufficient to eliminate the violation and to avoid a breach of the order data processing contract concluded with the customer.
6.4 Should the customer continue to or repeatedly breach the provisions of this paragraph 2 despite corresponding warning, we can summarily terminate the contract without observance of a period of notice. We shall also be entitled to summary termination if a single breach of paragraph 2 was so severe that we cannot be reasonably expected to continue to cooperate with the customer. If the breach of paragraph 2 is attributable to a third party, to whom the customer facilitates use of the API under section 5, the termination must be restricted to the respective third party if this is reasonable for us and may only occur once the customer has been informed of this intention and the grounds justifying the termination have not been eliminated within a period of one month after receipt of the information at the customer, or the customer declares it does not wish to or cannot call on the third party to eliminate the grounds. The period must be appropriately shortened if waiting for the agreed period is not reasonable for us (e.g. commission of crimes by means of or through use of the API).
7. Transfer of rights by the customer
If and to the extent that data, documents or other content are stored in natif.ai, all rights necessary for the performance of the contract shall be transferred to us.
8. Availability of the API
8.1 We owe availability of the API at the transfer point (interface to the Internet in the computer centre in which the API is provided by us to the customer) of 99 % per contractual month.
8.2 The parties shall understand the possibility of contractual use of the API at the transfer point under availability.
8.3 In determining the availability, periods shall not be considered for correcting errors that conflict with secure operation of the API according to the guidelines of the GDPR or otherwise significantly endanger IT security if the non-availability does not exceed a duration of 24 hours per contractual month.
8.4 The information of the customer according to paragraph 3 shall occur via e-mail to the e-mail address filed in its customer account.
9. Fees and settlement, change of agreed fees
9.1 If not individually agreed, we shall settle the fees agreed with the customer monthly in advance.
9.2 All prices stated by us are net and in euros.
9.3 If the customer has filed a credit card as means of payment, it shall guarantee that it is in the name of the contractual partner and may be used for the collection of the fees to which we are entitled. The customer must update the credit card filed in good time before its validity expires.
9.4 Customers for whom VAT is invoiced according to the reverse charge procedure must file their VAT ID in their customer profile; otherwise, we shall be entitled to charge the customer the German VAT. The customer shall have no claim to retrospective correction of corresponding invoices.
9.5 In the event of payment arrears of the customer, we shall be entitled to charge once per invoice an arrears flat rate according to § 288 (5) BGB (German Civil Code). This shall not affect the possibility of asserting any additional arrears damages.
9.6 Invoices can be issued in digital form and sent via e-mail or provided in the customer area on our website.
9.7 We shall be entitled to modify fees agreed with the customer. Information about the modification must be provided at least two weeks before expiry of the termination period of notice of the contract by e-mail to the e-mail address of the customer filed in the customer profile. The modification may enter into force at the earliest at the time when the customer after receipt of the information can terminate the contract.
9.2 All prices stated by us are net and in euros.
9.3 If the customer has filed a credit card as means of payment, it shall guarantee that it is in the name of the contractual partner and may be used for the collection of the fees to which we are entitled. The customer must update the credit card filed in good time before its validity expires.
9.4 Customers for whom VAT is invoiced according to the reverse charge procedure must file their VAT ID in their customer profile; otherwise, we shall be entitled to charge the customer the German VAT. The customer shall have no claim to retrospective correction of corresponding invoices.
9.5 In the event of payment arrears of the customer, we shall be entitled to charge once per invoice an arrears flat rate according to § 288 (5) BGB (German Civil Code). This shall not affect the possibility of asserting any additional arrears damages.
9.6 Invoices can be issued in digital form and sent via e-mail or provided in the customer area on our website.
9.7 We shall be entitled to modify fees agreed with the customer. Information about the modification must be provided at least two weeks before expiry of the termination period of notice of the contract by e-mail to the e-mail address of the customer filed in the customer profile. The modification may enter into force at the earliest at the time when the customer after receipt of the information can terminate the contract.
10. Term and termination
10.1 The contract shall be concluded for a fixed contractual term selected by the customer upon making its order. It can only be terminated before expiry of the fixed term for cause. Moreover, termination shall be possible in each case until the expiry of the last day of the agreed contractual term if this has not been otherwise individually defined. If no termination occurs, the fixed term shall be renewed in each case by the period agreed upon the conclusion of the contract.
10.2 The right to termination for cause shall be unaffected. The following grounds shall be regarded as cause if they exist for the other party:
a.      the breach of essential contractual obligations by the other party if the breach has not been corrected despite warning and setting of an appropriate period of notice while referring to the right of termination. warning and setting a period of notice in the event of unreasonableness are not necessary;
b.     the rejection of the opening of insolvency proceedings due to the lack of assets;
c.      the opening of liquidation;
b.     the rejection of the opening of insolvency proceedings due to the lack of assets;
c.      the opening of liquidation;
10.3 We shall be entitled to terminate the contract without notice if the conditions of § 543 (2) no. 3 BGB exist.
10.4 Termination pursuant to § 543 (2) sentence 1 no. 1 BGB due to non-provision of the contractual use of natif.ai shall only be permissible if we were granted an appropriate opportunity for defect elimination and this failed.
10.5 Termination by us for cause, which is based on or attributable to the action or omission of a third party, to whom the customer facilitates use of the API under section 5, must be restricted to the respective third party if this is reasonable for us and may only occur once the customer has been informed of this intention and the grounds justifying the termination have not been eliminated within a period of one month after receipt of the information at the customer or the customer declares it does not wish to, or cannot call on the third party to eliminate the grounds. The period must be appropriately shortened if waiting for the agreed period is not reasonable for us (e.g. commission of crimes by means of or through use of the API).
10.6 Terminations can be made by e-mail. Termination of the customer must be sent to contact@natif.ai. Termination can alternatively occur in the customer area.
11. Consequences of contract termination
Upon termination of the contract, we shall delete all data deposited by the client in natif.ai.
12. Development and improvement of natif.ai
12.1 The customer does not acquire a static product with natif.ai. We have rather the intention to further develop natif.ai in order to be able to offer new functions and offers, which make natif.ai more attractive and secure. The scope of performance of natif.ai is therefore undergoing transformation. Should changes occur with which existing important functions are eliminated or considerably restricted, we shall inform the customer of this within an appropriate period at the e-mail address filed in its customer account.
12.2 natif.ai includes functionalities referred to as artificial intelligence or machine learning. The provision of these functionalities requires that the corresponding parts of natif.ai are trained using real data. The aim of this training is to test and improve the performance of existing functionalities and to expand the functional scope of natif.ai for the purpose of capturing document data and thus to be able to provide the customer with improved and additional functionalities. Real data in this context are data, documents or other content that the customer stores in natif.ai or has processed using natif.ai. The customer, therefore, instructs us to train the corresponding functionalities used for the customer or to be used in the future with the customer’s real data. We are entitled to the resulting findings and software products not only for providing services to the customer, but also in general.
12.3 If changes to natif.ai should be unreasonable for the customer against the background of the services owed by us, it shall be entitled to a special right of termination, which must be exercised within a period of two weeks. The beginning of the period of notice shall be the day on which the customer becomes aware of the change. This right of termination shall not apply to changes and the elimination of functions that we offered to the customer as part of a beta test. For these, we reserve the right at all times, not to offer them further or only in amended form.
12.4 We welcome every suggestion for improvement from a customer. For the sake of good order, however, we must state that the customer transfers to us, at no charge, all rights to its suggestion that are necessary for its possible implementation and any exploitation. In other words: every suggestion is welcome, but we do not provide any service in return.
12.2 natif.ai includes functionalities referred to as artificial intelligence or machine learning. The provision of these functionalities requires that the corresponding parts of natif.ai are trained using real data. The aim of this training is to test and improve the performance of existing functionalities and to expand the functional scope of natif.ai for the purpose of capturing document data and thus to be able to provide the customer with improved and additional functionalities. Real data in this context are data, documents or other content that the customer stores in natif.ai or has processed using natif.ai. The customer, therefore, instructs us to train the corresponding functionalities used for the customer or to be used in the future with the customer’s real data. We are entitled to the resulting findings and software products not only for providing services to the customer, but also in general.
12.3 If changes to natif.ai should be unreasonable for the customer against the background of the services owed by us, it shall be entitled to a special right of termination, which must be exercised within a period of two weeks. The beginning of the period of notice shall be the day on which the customer becomes aware of the change. This right of termination shall not apply to changes and the elimination of functions that we offered to the customer as part of a beta test. For these, we reserve the right at all times, not to offer them further or only in amended form.
12.4 We welcome every suggestion for improvement from a customer. For the sake of good order, however, we must state that the customer transfers to us, at no charge, all rights to its suggestion that are necessary for its possible implementation and any exploitation. In other words: every suggestion is welcome, but we do not provide any service in return.
13. Failure to fulfil main performance obligations incumbent on us
13.1 If we get into arrears with the initial provision of natif.ai, the customer shall be entitled to withdraw from the contract if an appropriate period of grace set for us has expired without result, i.e. if we should not have provided the agreed functionality of natif.ai for the first time within the period of grace.
13.2 If we do not meet the obligations incumbent on us in full or only partially after operational provision of natif.ai or the availability due of natif.ai is undershot for a contractual month, the agreed use flat rate shall be reduced pro rata for the time in which natif.ai was not available to the extent agreed to the customer and the API retrievals arranged by it could not be processed.
13.3 We must demonstrate that we are not responsible for the delayed provision or the failure to reach the availability due. If the customer did not notify us of the deficient availability of natif.ai, it must prove in the event of our disputing this that we obtained knowledge of the deficient availability in another manner.
13.2 If we do not meet the obligations incumbent on us in full or only partially after operational provision of natif.ai or the availability due of natif.ai is undershot for a contractual month, the agreed use flat rate shall be reduced pro rata for the time in which natif.ai was not available to the extent agreed to the customer and the API retrievals arranged by it could not be processed.
13.3 We must demonstrate that we are not responsible for the delayed provision or the failure to reach the availability due. If the customer did not notify us of the deficient availability of natif.ai, it must prove in the event of our disputing this that we obtained knowledge of the deficient availability in another manner.
14. Claims for defects
14.1 In the event of defects in the service, the customer is entitled to the statutory rights, in which case we decide whether we correct the defect through subsequent improvement or new delivery.
14.2 Our no-fault liability for damages (§ 536a BGB) for defects present upon conclusion of the contract shall be ruled out unless this involves a property warranted by us (guarantee, § 276 (1) BGB).
14.3 A limitation period of one year is agreed for claims for defects. This period shall not apply to claims for compensation of damages due to the violation of claims for defects; in this respect, the liability provisions shall apply.
14.4 If the customer complains about the existence of a defect and through our resulting activity it emerges that there was no defect in our performance, the customer must pay for the effort we incurred for this, according to the agreed, or in the absence of an agreement, appropriate, hourly rates. This paragraph shall not apply if the non-existence of the defect was not recognisable for the customer when applying reasonable care and knowledge.
14.5 All defect claims shall be ruled out for functions, services, software or other offers, which we provided expressly as beta version unless we can be accused of intent. The nature of such beta versions is precisely that they are not finished and can have defects. Such defects can, for example, result in the loss of data or the functionality of natif.ai. Therefore, the customer should only use beta versions if the occurrence of such defects does not represent any disadvantage for it, in particular, cannot involve any harm for it, for which it wants to make us or third parties liable.
14.6 The customer shall be obliged to notify us of defects in contractual services, especially defects of natif.ai. If we cannot create a remedy as a result of the omission of, or delay in, notification, the customer shall not be entitled to reduce the agreed remuneration in whole or in part for the corresponding period, to demand the compensation of the damage that occurred due to the defect or to extraordinary termination of the contract without observance of a period of notice on account of the defect. The customer must demonstrate that it was not responsible for the omission of the notification.
14.2 Our no-fault liability for damages (§ 536a BGB) for defects present upon conclusion of the contract shall be ruled out unless this involves a property warranted by us (guarantee, § 276 (1) BGB).
14.3 A limitation period of one year is agreed for claims for defects. This period shall not apply to claims for compensation of damages due to the violation of claims for defects; in this respect, the liability provisions shall apply.
14.4 If the customer complains about the existence of a defect and through our resulting activity it emerges that there was no defect in our performance, the customer must pay for the effort we incurred for this, according to the agreed, or in the absence of an agreement, appropriate, hourly rates. This paragraph shall not apply if the non-existence of the defect was not recognisable for the customer when applying reasonable care and knowledge.
14.5 All defect claims shall be ruled out for functions, services, software or other offers, which we provided expressly as beta version unless we can be accused of intent. The nature of such beta versions is precisely that they are not finished and can have defects. Such defects can, for example, result in the loss of data or the functionality of natif.ai. Therefore, the customer should only use beta versions if the occurrence of such defects does not represent any disadvantage for it, in particular, cannot involve any harm for it, for which it wants to make us or third parties liable.
14.6 The customer shall be obliged to notify us of defects in contractual services, especially defects of natif.ai. If we cannot create a remedy as a result of the omission of, or delay in, notification, the customer shall not be entitled to reduce the agreed remuneration in whole or in part for the corresponding period, to demand the compensation of the damage that occurred due to the defect or to extraordinary termination of the contract without observance of a period of notice on account of the defect. The customer must demonstrate that it was not responsible for the omission of the notification.
15. Liability
15.1 Liability for intent and gross negligence is unlimited.
15.2 In the case of a breach of material contractual obligations as a result of simple negligence, liability shall be limited in terms of amount to foreseeable damage typical of the contract. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract and on whose compliance the injured party may normally rely. The limitation period for claims under this paragraph is one year.
15.3 Paragraph 2 shall not apply to claims arising from injury to life, limb or health, in the case of fraudulent acts, in the case of the assumption of a guarantee, in the case of liability for initial inability or impossibility for which we are responsible, as well as for claims under the German Product Liability Act (Produkthaftungsgesetz).
15.4 In all other respects, liability is excluded, irrespective of the legal grounds.
15.2 In the case of a breach of material contractual obligations as a result of simple negligence, liability shall be limited in terms of amount to foreseeable damage typical of the contract. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract and on whose compliance the injured party may normally rely. The limitation period for claims under this paragraph is one year.
15.3 Paragraph 2 shall not apply to claims arising from injury to life, limb or health, in the case of fraudulent acts, in the case of the assumption of a guarantee, in the case of liability for initial inability or impossibility for which we are responsible, as well as for claims under the German Product Liability Act (Produkthaftungsgesetz).
15.4 In all other respects, liability is excluded, irrespective of the legal grounds.
16. Confidentiality
16.1 We undertake to keep the data saved by the customer in natif.ai confidential. These shall only be processed by us for the purpose of fulfilment of the contract with the customer and only disclosed to third parties to the extent that it is necessary for fulfilment of the contract at our reasonable discretion.
16.2 Data shall not be subject to confidentiality, which (i) at the time of the transmission were generally known or thereafter – without our fault – became generally known, (ii) were already lawfully known to us at the time of the disclosure without the existence of a confidentiality obligation, (iii) after the time of transmission were lawfully made known to us by third parties without a confidentiality obligation, without the third party on its part being obliged to confidentiality vis-a-vis the customer according to our knowledge, (iv) were independently developed by us without us having used confidential information of the customer for this purpose, (v) became known to us through a permissible analysis of publicly obtainable services or products of the customer or (vi) on account of mandatory statutory, official or court regulations or orders had to be disclosed.
16.3 This confidentiality obligation shall not be affected by termination of the contract.
16.4 The order processing contract concluded with the customer and regulations of section 18 shall not be affected by the above paragraphs. These shall take precedence over the provisions of this section 17.
16.2 Data shall not be subject to confidentiality, which (i) at the time of the transmission were generally known or thereafter – without our fault – became generally known, (ii) were already lawfully known to us at the time of the disclosure without the existence of a confidentiality obligation, (iii) after the time of transmission were lawfully made known to us by third parties without a confidentiality obligation, without the third party on its part being obliged to confidentiality vis-a-vis the customer according to our knowledge, (iv) were independently developed by us without us having used confidential information of the customer for this purpose, (v) became known to us through a permissible analysis of publicly obtainable services or products of the customer or (vi) on account of mandatory statutory, official or court regulations or orders had to be disclosed.
16.3 This confidentiality obligation shall not be affected by termination of the contract.
16.4 The order processing contract concluded with the customer and regulations of section 18 shall not be affected by the above paragraphs. These shall take precedence over the provisions of this section 17.
17. Obligation to confidentiality due to § 203 StGB (German Criminal Code)
17.1 If and to the extent that data processed by natif.ai are subject to § 203 StGB, we shall commit ourselves to silence in the knowledge of the criminal law consequences of a breach of obligation (imprisonment of up to a year or fine). If the customer processes data in the meaning of § 203 StGB, it must inform us of this in its customer account.
17.2 We shall undertake only to obtain knowledge of third party secrets in the meaning of § 203 to the extent this is necessary for contractual fulfilment.
17.3 We shall be entitled to bring in other persons to fulfil the contract. In this case, we must commit these persons to confidentiality in text form if they could obtain knowledge of third party secrets in the meaning of § 203 StGB as part of their work. We meet the legal requirements with regard to their employees. If we have concluded an order processing contract with the customer, its provisions shall take precedence over the provisions of this paragraph if we were subjected to additional obligations by it.
17.4 When making use of services that directly serve a single mandate of the customer, the customer shall be obliged to obtain the consent of the mandator to third party secrets being made accessible according to the statutory regulations applicable to it.
17.5 This shall not affect the regulations on the protection of personal data.
17.6 The obligation to confidentiality pursuant to the above paragraphs shall not exist if we are obliged due to an official or court decision to disclosure of confidential information of the customer. We shall immediately inform the customer of this if and to the extent this is permissible and possible in individual cases.
17.2 We shall undertake only to obtain knowledge of third party secrets in the meaning of § 203 to the extent this is necessary for contractual fulfilment.
17.3 We shall be entitled to bring in other persons to fulfil the contract. In this case, we must commit these persons to confidentiality in text form if they could obtain knowledge of third party secrets in the meaning of § 203 StGB as part of their work. We meet the legal requirements with regard to their employees. If we have concluded an order processing contract with the customer, its provisions shall take precedence over the provisions of this paragraph if we were subjected to additional obligations by it.
17.4 When making use of services that directly serve a single mandate of the customer, the customer shall be obliged to obtain the consent of the mandator to third party secrets being made accessible according to the statutory regulations applicable to it.
17.5 This shall not affect the regulations on the protection of personal data.
17.6 The obligation to confidentiality pursuant to the above paragraphs shall not exist if we are obliged due to an official or court decision to disclosure of confidential information of the customer. We shall immediately inform the customer of this if and to the extent this is permissible and possible in individual cases.
18. Data protection
18.1 The data processing contract concluded separately with the customer pursuant to Article 28 GDPR applies to the processing of personal data by the customer using natif.ai.
18.2 In all other respects, we undertake to process the personal data provided to us by the customer for the performance of the contract and that are not the subject of the order data processing in accordance with applicable data protection regulations.
18.2 In all other respects, we undertake to process the personal data provided to us by the customer for the performance of the contract and that are not the subject of the order data processing in accordance with applicable data protection regulations.
19. Offsetting and assignment
19.1 A contractual party shall only be entitled to exercise a right of retention or to offsetting if the underlying counter-claim has been established with legally binding force or is undisputed.
19.2 The assignment of rights and obligations from this Contract or the contract as a whole to a third party shall only be permissible with prior approval of the other contractual party. The approval may not be unreasonably refused
19.2 The assignment of rights and obligations from this Contract or the contract as a whole to a third party shall only be permissible with prior approval of the other contractual party. The approval may not be unreasonably refused
20. Force majeure
20.1 Each party shall be temporarily excused from its service obligation as long as the rendering of the service is prevented by force majeure. This shall also apply if the party is already in arrears.
20.2 Force majeure shall be corresponding events in the meaning of § 206 BGB and an otherwise unusual and unforeseen event if the party invoking it did not cause the event, did not expect the event, did not influence its occurrence, could not prevent its consequence despite exercising due care and for this reason is prevented from rendering its services. This shall in particular apply to war, terrorism, unrest, pandemics, storms, and environmental catastrophes, or if the prevention of service is otherwise due to government orders.
20.3 The party that invokes the existence of force majeure, must
a.      immediately inform the other party in text form of the fact and the reasons for this;
b.     take the measures with the diligence of a prudent businessman, which are necessary to be able to once again resume the complete fulfilment of their obligations as soon as possible;
c.      make appropriate efforts to minimise the negative effects on the fulfilment of the contract;
20.2 Force majeure shall be corresponding events in the meaning of § 206 BGB and an otherwise unusual and unforeseen event if the party invoking it did not cause the event, did not expect the event, did not influence its occurrence, could not prevent its consequence despite exercising due care and for this reason is prevented from rendering its services. This shall in particular apply to war, terrorism, unrest, pandemics, storms, and environmental catastrophes, or if the prevention of service is otherwise due to government orders.
20.3 The party that invokes the existence of force majeure, must
a.      immediately inform the other party in text form of the fact and the reasons for this;
b.     take the measures with the diligence of a prudent businessman, which are necessary to be able to once again resume the complete fulfilment of their obligations as soon as possible;
c.      make appropriate efforts to minimise the negative effects on the fulfilment of the contract;
21. Amendments of these Terms and Conditions of Business
21.1 We shall be entitled to amend these General Terms and Conditions of Business at any time with a period of notice of at least six weeks. The customer shall be entitled to a right of objection.
21.2 For this purpose, we must inform the customer in text form at the e-mail address filed in its customer account of the purpose of the change, the changed provisions and the existence and exercise of its right of objection. Corresponding information and the option to objection / approval can also occur upon login of the customer in its customer area.
21.3 If the customer makes use of its right of objection before expiry of the period of notice, the previous Terms and Conditions of Business shall apply unchanged; otherwise, upon expiry of the period of notice, the new Terms and Conditions of Business shall apply. We shall be entitled to terminate the contract concluded with the customer in the event of its objection with the agreed period of notice.
21.2 For this purpose, we must inform the customer in text form at the e-mail address filed in its customer account of the purpose of the change, the changed provisions and the existence and exercise of its right of objection. Corresponding information and the option to objection / approval can also occur upon login of the customer in its customer area.
21.3 If the customer makes use of its right of objection before expiry of the period of notice, the previous Terms and Conditions of Business shall apply unchanged; otherwise, upon expiry of the period of notice, the new Terms and Conditions of Business shall apply. We shall be entitled to terminate the contract concluded with the customer in the event of its objection with the agreed period of notice.
22. Final provisions
22.1 This contract contains all agreements between the parties concerning the subject matter of the contract. Any deviating subsidiary agreements and earlier agreements concerning the subject matter of the contract are hereby rendered null and void.
22.2 Amendments and supplements of this Contract must be in writing unless a stricter form is prescribed by law. This shall also apply to waiver of the form requirement.
22.3 General Terms and Conditions of Business of the customer shall have no application to this Contract. This shall also apply if reference was made without objection to their inclusion in later documents that are related to this Contract.
22.4 Should any provision of this Contract be or become invalid, ineffective or unenforceable, either in whole or in part, or if an inherently necessary provision is omitted, this shall not affect the validity and enforceability of all other provisions of this Contract.
22.5 The contract shall be governed exclusively by the laws of the Federal Republic of Germany. International private law shall not apply insofar as it can be waived.
22.6 The sole place of jurisdiction for all disputes in connection with this agreement shall be our registered office. We shall be entitled to have recourse against the customer at one of its statutory places of jurisdiction.
22.2 Amendments and supplements of this Contract must be in writing unless a stricter form is prescribed by law. This shall also apply to waiver of the form requirement.
22.3 General Terms and Conditions of Business of the customer shall have no application to this Contract. This shall also apply if reference was made without objection to their inclusion in later documents that are related to this Contract.
22.4 Should any provision of this Contract be or become invalid, ineffective or unenforceable, either in whole or in part, or if an inherently necessary provision is omitted, this shall not affect the validity and enforceability of all other provisions of this Contract.
22.5 The contract shall be governed exclusively by the laws of the Federal Republic of Germany. International private law shall not apply insofar as it can be waived.
22.6 The sole place of jurisdiction for all disputes in connection with this agreement shall be our registered office. We shall be entitled to have recourse against the customer at one of its statutory places of jurisdiction.