General Terms and Conditions (GTC)

As of: 23.07.2026

PLUS4DATA GmbH

Carl-Benz-Str. 1, 76761 Rülzheim, Germany

Scope of Application

These General Terms and Conditions govern the legal relationship between PLUS4DATA GmbH (“PLUS4DATA”) and its customers in connection with the provision of software, software licenses, software subscriptions, maintenance and support services, training, consulting services, and other services provided by PLUS4DATA.

Any deviating, conflicting, or supplementary terms and conditions of the customer shall only become part of the contract if PLUS4DATA has expressly agreed to their validity in writing.

These GTC apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).

Subject Matter of the Contract

The subject matter of the contract may include, in particular, the provision of a perpetual software license, the provision of a time-limited software subscription, maintenance and support services, training, consulting and project services, as well as other services offered by PLUS4DATA.

The type and scope of the respective services are defined in the individual quotation, order, or agreement.

Software Operation and Infrastructure

The software is generally operated within an infrastructure maintained by the customer or a service provider commissioned by the customer.

The software may be used within the customer’s local IT infrastructure (on-premises), within a hosting or cloud infrastructure operated by the customer, or as a hybrid solution consisting of local and hosted system components.

PLUS4DATA does not provide hosting, cloud, housing, or data center services unless expressly agreed otherwise in writing.

The customer is solely responsible for the operation, availability, maintenance, backup, access protection, and security of the infrastructure used.

Rights of Use

The type and scope of the granted usage rights are defined in the respective contract, quotation, or order.

In the case of a perpetual license, the customer receives the permanent right of use described in the respective contract.

In the case of a subscription, the customer receives a right of use limited to the contractual subscription term.

Unless expressly agreed otherwise, the customer receives a non-exclusive, non-transferable, and non-sublicensable right to use the software.

The software may only be used for the customer’s own business purposes.

In particular, resale of the software, rental or lending of the software, sublicensing, permanent transfer to third parties, circumvention of technical protection measures, as well as reverse engineering, decompilation, or disassembly are prohibited unless expressly permitted by mandatory law.

Licensing and License Verification

Licensing may be based on users, components, backups, sites, modules, editions, or other contractually agreed metrics.

The customer is obligated to comply with the agreed licensing limits.

PLUS4DATA is entitled to verify the contractual use of the software to a reasonable extent.

The customer shall provide the information required for such verification and reasonably support PLUS4DATA in conducting the verification.

Any verification shall take into account the legitimate business and confidentiality interests of the customer and shall not unreasonably interfere with the customer’s business operations.

If it is determined that agreed licensing limits have been exceeded, PLUS4DATA shall be entitled to charge the corresponding additional license fees retrospectively.

Support, Maintenance, and Services

Support, maintenance, or service activities shall only be provided if expressly agreed.

The type and scope of such services are defined in the respective contract, quotation, or Service Level Agreement (SLA).

The customer has no claim to specific product developments, product versions, feature enhancements, or the implementation of individual feature requests.

Prices and Payment Terms

The prices agreed in the respective quotation or contract shall apply.

Unless otherwise agreed, invoices are issued after conclusion of the contract or prior to service delivery.

Invoices are due and payable within fourteen calendar days from the invoice date without deduction.

All prices are exclusive of the applicable statutory value-added tax (VAT).

For subscription agreements, payment methods, payment intervals, and contract terms are governed by the respective agreement or quotation.

The customer may only offset claims if its counterclaims have been legally established, are undisputed, or have been acknowledged by PLUS4DATA.

Data Protection, Backup, and Customer Responsibilities

Each party is responsible for complying with the data protection laws applicable to it.

Where PLUS4DATA processes personal data on behalf of the customer, the parties shall conclude a data processing agreement in accordance with Article 28 GDPR before processing begins.

The customer remains responsible in particular for data backups, user administration, access control, password management, security of its IT and OT infrastructure, and the professional review and approval of data, configurations, programs, and changes.

Safety-Relevant Systems and Customer Responsibility

The software is intended solely to support documentation, administration, analysis, and lifecycle processes.

The software is not intended to perform safety functions and does not replace safety controllers, emergency stop systems, safety devices, or other safety-critical systems.

Responsibility for the safe operation of machines, plants, production systems, and automation equipment remains solely with the customer.

The use of the software does not release the customer from its statutory, regulatory, or operational obligations for testing, approval, and safety.

The customer is responsible for reviewing and approving all changes, configurations, programs, projects, backup states, and system data before productive use.

Intellectual Property and Open Source

All rights to the software, documentation, source code, algorithms, data models, technical concepts, trademarks, logos, and other intellectual property remain exclusively with PLUS4DATA or the respective rights holders.

The granting of usage rights does not constitute a transfer of ownership.

To the extent the software contains open-source components, the respective license terms of the relevant rights holders shall additionally apply.

Confidentiality

The parties undertake to treat all confidential information of the other party as confidential and to use such information exclusively for the performance of the respective contractual relationship.

The parties shall protect confidential information with at least the same degree of care they use to protect their own confidential information, but in no event less than the care of a prudent businessperson.

The confidentiality obligation shall remain in effect after termination of the contractual relationship.

The confidentiality obligation shall not apply to information that is publicly known, lawfully obtained from third parties, already known to the receiving party, or required to be disclosed by law or by governmental or judicial order.

Warranty

PLUS4DATA warrants that its services substantially comply with the agreed service descriptions.

The customer shall notify PLUS4DATA of any apparent defects without undue delay and in writing.

PLUS4DATA shall be entitled, at its sole discretion, to remedy defects through correction, updates, patches, bug fixes, or by providing a reasonable workaround.

If a defect cannot be remedied within a reasonable period, the customer may reduce the remuneration appropriately or, in the case of material defects, withdraw from the contract where legally permissible.

The warranty period shall be twelve months from the provision of the respective service.

Liability

PLUS4DATA shall be liable without limitation for intent, gross negligence, damages arising from injury to life, body, or health, and under the provisions of the German Product Liability Act.

In the event of a slightly negligent breach of essential contractual obligations, liability shall be limited to the foreseeable damage typical for the contract.

Essential contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.

Any further liability is excluded.

To the extent permitted by law, the total liability of PLUS4DATA arising out of or in connection with the respective contractual relationship shall be limited to the remuneration paid by the customer during the twelve months preceding the event causing the damage.

The above limitations of liability shall also apply to the legal representatives, employees, agents, and subcontractors of PLUS4DATA.

Term and Termination

Unless otherwise agreed, the term and notice periods shall be governed by the respective contract or quotation.

For subscription agreements, the terms and notice periods specified in the Subscription Agreement or quotation shall apply.

The right of either party to terminate the agreement for good cause remains unaffected.

Final Provisions

The customer may only transfer rights and obligations arising from the contractual relationship with the prior written consent of PLUS4DATA.

Any amendments or supplements to contracts and these GTC must be made in writing.

This also applies to any waiver of the written form requirement.

If any provision of these GTC is or becomes wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the original provision.

The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall, to the extent legally permissible, be Landau in der Pfalz, Germany.