General Terms and Conditions (GTC)

As of: 01.04.2024


Pfeifferstr. 20 A | D-76764 Rheinzabern

Scope of Application

These General Terms and Conditions (GTC) govern the rights and obligations between PLUS4DATA GmbH (hereinafter referred to as the “Provider”) and the licensee (hereinafter referred to as the “Customer”) in connection with the sale of a software license.

Any deviating or supplementary terms of the Customer shall not become part of the contract unless expressly agreed to in writing by the Provider.

Subject Matter of the Contract

The subject matter of the contract is the permanent provision of the separately designated computer program including the associated user documentation (“Contract Software”) and the granting of the described rights of use. The nature and functionality of the Contract Software are conclusively determined by the respective product description. The information contained therein is to be understood as performance descriptions and not as guarantees. A guarantee is only granted if expressly designated as such.

The Provider provides the Customer with a copy of the software and delivers it to the Customer via download. The Provider shall provide the Customer with the necessary access data and, if applicable, the license key for the contractual use of the software upon proper delivery of the software. Further services, especially installation, configuration, training, and instruction services as well as support, shall be separately and explicitly agreed upon if necessary.

Grant of Usage Rights

The software license entitles the Customer to use the software in accordance with the license terms specified in the license certificate provided to the Customer at the time of sale.

Upon full payment of the purchase price, the Provider grants the Customer the non-exclusive and unlimited right to use the software to the extent specified in the product specification. The right applies to individual use on a server/cluster or as a cloud solution.

The Customer may install and use the software within the scope of Paragraph 1 and as intended. The Customer is also entitled to create a backup copy necessary to ensure future use; the Customer must label it as such. Finally, the Customer is entitled to reproduce and decompile the software exclusively under the conditions of § 69e UrhG (German Copyright Act).

The Customer is not entitled to rent, sublicense, make publicly available, or otherwise provide the software to third parties. Not considered third parties in this sense are employees in the Customer’s business operations and persons deployed by the Customer to ensure proper use.

The Customer is not entitled to permanently transfer the acquired copy of the software including the documentation to a third party within the scope of the rights granted here.

If the Customer exceeds the usage rights granted under this contract without the prior consent of the Provider, the Provider may demand the amount attributable to the exceeding usage according to its price list. Claims for damages outside the contract remain unaffected.

License Conditions

The Customer receives a non-exclusive, non-transferable license to use the software for internal business purposes.

The software may only be installed and used at the location specified by the Customer. In the case of server installation where multiple locations are to be connected, PLUS4DATA must be informed of where the server/APP is operated and which locations are to be connected. If additional locations are to be connected subsequently or if the server location is changed, this must also be communicated to PLUS4DATA. However, it should be noted that PLUS4DATA does not provide any guarantee for the connection between the individual locations and the server. Separate conditions apply for cloud installations:

When using a cloud solution, the licensor grants the licensee the non-exclusive, non-transferable right to use the cloud solution in accordance with the provisions of this agreement. The license includes the use of the cloud solution according to the specified parameters, including the number of users and other relevant resources. The use of the cloud solution is limited to the locations specified by the licensee unless expressly agreed otherwise. The licensee undertakes to provide the cloud solution and perform necessary maintenance work. The licensor takes reasonable measures to ensure the security of the data stored in the cloud solution. However, the licensee is also responsible for taking appropriate security precautions. Parties undertake to comply with all applicable data protection laws. The licensor treats data in accordance with its privacy policy. The licensee aims for maximum availability of the cloud solution.

The Customer may not decompile, reverse engineer, or otherwise attempt to ascertain the source code of the software unless expressly permitted by law and agreed upon with the Provider.

The Customer may not modify, copy, rent, lease, sell, transfer, or otherwise make available to third parties the software unless expressly agreed upon in writing between the parties.

Prices and Payment Conditions

prices communicated or published by the Provider at the time of order or, if applicable, the prices individually agreed upon between the contracting parties shall apply.

The Provider accepts all common payment methods, and usually issues an invoice to the Customer for the ordered service, which is sent to the Customer in text form. The Customer is only entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship. The Provider is entitled to adjust the respective prices after conclusion of the contract due to changing essential market conditions, significant changes in procurement costs, and/or changes in value-added tax. All prices are exclusive of the statutory value-added tax in force at the time.

Warranty and Limitation of Liability

The Provider warrants that the software and user documentation have the agreed-upon quality and that the use by the Customer within the contractually agreed scope in the country of acquisition of the software does not infringe any third-party rights. The Provider shall not be liable for deviations from the agreed quality and conflicting rights resulting from improper use or unauthorized alterations by the Provider or third parties.

The Provider has the option to remedy a defect by subsequent performance or replacement. This also applies to legal defects. Temporary solutions provided by the Provider to the Customer to remedy the defect shall also be considered as subsequent performance if they remedy the defect. The same applies if the defect can be bypassed by a different use of the software, provided that the Customer can still reasonably use the software. The Customer is obliged to accept a new version of the software if the contractual scope of functions is maintained and the adoption does not result in significant disadvantages for the Customer. The rectification includes, if necessary, the adaptation of the user documentation.

After two unsuccessful attempts at subsequent performance, the Customer may withdraw from this contract or demand a reduction of the purchase price as well as damages according to statutory provisions. Prerequisite for this is that, after the second unsuccessful attempt at subsequent performance, the Customer has unsuccessfully requested the Provider to remedy the defect in a reasonable period in writing, and has pointed out that otherwise it will exercise its statutory warranty rights.

The limitation period for warranty claims is 12 months. This also applies to claims for damages except for claims due to intentional or grossly negligent conduct, claims for damages to life, body, and health, and claims under the Product Liability Act. If the Provider delivers the software to the Customer via download, the limitation period begins with the provision of the download link including access data by the Provider.


PLUS4DATA GmbH is only liable for damages caused by grossly negligent or intentional breaches of duty by its legal representatives or vicarious agents. Liability for slight negligence is excluded, unless it concerns the breach of essential contractual obligations (cardinal obligations)