General Terms and Conditions

General Terms and Conditions of rissc solutions GmbH, Mathildenstr. 10/1. 71638 Ludwigsburg, legally represented by

by the Managing Director Alexander Sperrfechter (hereinafter "RISSC")

for the products printformer, printformer.i.o and printformer Zaikio Edition in the cloud           

§ 1 Scope of application

These General Terms and Conditions (hereinafter referred to as "GTC") in the version applicable at the time the contract is concluded govern the provision of the software product selected when the order is placed (hereinafter referred to as "Software") via the Internet for a limited period of time exclusively to companies (hereinafter referred to as "Customers"; RISSC and the Customer together are the "Contractual Partners"). These GTC, including their appendices, together with the Customer's individual details and order data, form the contract.

• When concluding the contract, the customer can choose between different editions of the software and optional additional packages. The applicable parameters, such as the scope of support services, the amount of the usage fee and the period for which the transaction data processed with the software is stored, are displayed to the customer when the contract is concluded.
• The contract shall apply exclusively. There are no verbal side agreements between the parties. Any terms and conditions of the customer that deviate from or conflict with these GTC shall not apply; this shall also apply if RISSC does not expressly agree to the customer's terms and conditions. If individual contractual agreements are expressly concluded between the customer and RISSC, these shall apply in addition to these GTC and shall take precedence over them in cases of doubt.
• RISSC is entitled to amend these GTC. The customer shall be notified of new versions of the GTC in writing or by e-mail, highlighting the changes. They shall become effective if the customer does not object to the new version in writing within six weeks of receipt of the notification of change. If the customer objects to the new version of the GTC, the contractual relationship shall continue under the original conditions, but may be terminated by RISSC for cause with a notice period of three months.

§ 2 Conclusion of contract

• The presentation of the software on the website does not constitute a legally binding offer by RISSC, but merely a non-binding invitation to the customer to submit an offer. By completing the customer's order by clicking on the order button, the customer submits a binding offer to conclude a contract. Before completing the order, the customer can check his order and contract data again on a separate page and make any necessary corrections (e.g. select a different software edition).
• RISSC shall confirm receipt of the customer's electronic order by sending an automatic confirmation of receipt by e-mail. This confirmation of receipt does not constitute a binding acceptance of the customer's offer. It merely serves to inform the customer that his order has been received. The contract is only concluded when the customer account is activated. RISSC is free not to accept orders from the customer; the decision to do so is at the discretion of RISSC.
• Following an electronic order placed by the customer via the RISSC website, the customer's individual order and contract data shall be stored by RISSC. RISSC is entitled to contact the customer in order to verify his identity and, if necessary, to clarify any queries regarding the order. The customer can view and add to their order and contract data via the software user interface after activating their customer account with the "Company admin" role. In addition, each customer shall receive a summary of the order and contract data (including the GTC included in the contract) again by email after checking their order. The current version of the GTC can also be accessed and printed out at any time via the RISSC website. Contracts via the website are concluded in German and/or English.

§ 3 Special regulation during the test phase

• The contract term begins with a test phase during which the software can be used free of charge. The duration of this test phase is defined when the contract is concluded, specified in the order process and can be extended by RISSC on request in special cases.
• During this test phase, the customer has the opportunity to use the functionality of the selected edition without restrictions, to set up the operational master data and to optimize the workflow. The contract data required for subsequent invoicing must be entered by the first change of month in order to ensure a smooth process.
• The free trial period expires automatically.

§ 4 Main services; functional scope of the software

• RISSC shall provide the customer with the software in the currently released version for use via the Internet for the term of the contract. If the software is provided on a permanent basis (purchase), the customer shall be provided with electronic user documentation as online help in German together with the software.
• If RISSC develops additional modules, language versions and/or new functionalities of the software during the term of the contract, it may, at its own discretion, include these in the standard version of the software and make them available to the customer (e.g. as part of a regular update) without additional remuneration or offer them to the customer separately as part of new editions or additional packages that can be booked in return for a corresponding increase in the usage fee. The customer is not entitled to the free provision of such newly developed modules, language versions or functionalities.
• During the term of the contract, RISSC shall provide the customer with storage space in an external data center for storing its transaction data processed with the software (hosting). The data shall be stored for the period applicable to the software edition selected by the customer on external servers operated by a third party on behalf of RISSC. The costs for storing the transaction data are covered by the standard user fee. The customer shall not be entitled to transfer the storage space to a third party for use in whole or in part, for a fee or free of charge.
• RISSC is entitled to provide the contractually agreed services through third parties as subcontractors; in particular, RISSC shall use the external computer center where the software is kept for use and the customer's transaction data is stored.
• As part of the continuous improvement and further development of the software, new functions and services may be added, changed or omitted during the term of the contract, provided that this does not lead to any significant restriction of the contractually agreed services, the achievement of the purpose of the contract is not jeopardized by this and the adjustment is reasonable for the customer.

§ 5 Granting of rights of use

• RISSC shall be exclusively entitled to the copyrights and other industrial property rights to the software, including the user documentation, in relation to the customer. The customer shall only receive the simple rights of use to the software described in more detail below.
• The customer shall receive the non-exclusive, non-transferable and non-sublicensable right to use the software for its own business purposes for the term of the contract. All further rights, in particular the right to reproduce, distribute, including (further) leasing, process and make available to the public, shall remain with The software may only be used by the customer for the contractual purpose; the intended use of the software is specified in detail in the corresponding description of the purposes of use on the RISSC website. Any use of the software beyond the intended use is not permitted.
• The customer is not authorized to use the software for the business purposes of third parties or to allow third parties to use it for themselves or to make it accessible to third parties. This does not apply to third parties who have been commissioned in writing by the customer to carry out activities in connection with the execution of the customer's transactions.
• The transaction data belong to the customer, who grants RISSC all rights to the data transmitted by him that are necessary for the fulfillment of the contract, in particular to store and process his transaction data. Furthermore, the customer shall grant RISSC the right to evaluate the transaction data processed with the software in anonymized form for analysis and benchmarking purposes and to merge, duplicate and process it with other data for this purpose. RISSC shall ensure that the customer cannot be identified (even indirectly) by third parties if the results are published. Any other use of the data by RISSC or disclosure of non-anonymized data to third parties is not permitted.

§ 6 Services

During the term of this Agreement, RISSC shall provide the services described in more detail in this Section 6 and - unless otherwise specified below - covered by the standard transaction-based usage fee:

• RISSC shall make the software available to the customer ready for use during the term of the contract and maintain it. RISSC shall make generally approved updates of the software available to the customer centrally during the term of the contract.
• For questions regarding the application and use of the software, the customer has access to online help in the customer portal for the duration of the contract. In the event of malfunctions and errors that prevent the use of the software in whole or in part, the customer can contact the service e-mail address support@rissc.com or open a ticket in the support portal. If the customer uses the Enterprise Edition of the software, a hotline is also available in the event of faults and errors that prevent use.
• The customer shall describe any faults and errors that occur in the software in such detail that they can be reproduced and reproduced by RISSC. RISSC shall rectify duly reported errors within the scope of its repair obligation in accordance with § 8 and the provisions of the SLA in Appendix B.
• At the customer's request, RISSC provides optional consulting and support services for the introduction and use of the software, such as configuration support, training of the customer's employees or commissioning support. This also includes the individual provision of all stored transaction data in a form specified by the customer. These services shall be provided at the customer's request and invoiced separately by RISSC in accordance with the applicable annual price list of the RISSC Training Terms and Conditions.

§ 7 Responsibility and cooperation of the customer

• The customer shall provide all cooperation services required for the use of the software, in particular those listed and described in detail in this § 7 and in the appendices
• The customer is responsible for ensuring that the minimum technical requirements for the hardware and software used by him and his Internet connection, as described by RISSC in Appendix A, are met for the contractual utilization and use of the software. The customer may not use any software or other technical equipment that could jeopardize the functioning of the software. In particular, the customer is not permitted to access the software and its transaction data using technical means other than those listed in Appendix A.
• The customer undertakes not to store any content on the storage space whose transmission, storage or use violates applicable law or agreements with third parties (e.g. on confidentiality). The customer shall not manipulate the software and shall not store any data on RISSC's servers that could damage or jeopardize the software, the servers, the other IT infrastructure or the data of other customers. Furthermore, the customer shall not steal the data of other customers and shall not burden the storage space provided with unusually large amounts of data that are not required to process its transactions.
• The customer bears sole responsibility for compliance with all legal requirements for its transaction processing and the storage, retention and archiving of its data. This also includes compliance with the general retention periods under commercial and tax law as well as any applicable specific (e.g. industry-specific) retention obligations and periods (e.g. for certain environmental data). The customer shall take appropriate precautions in the event of data loss as part of its duty to minimize damage, in particular by regularly checking its own IT systems and regularly making backup copies of its transaction data processed with the software using the export function provided by RISSC for this purpose.
• Expenses incurred by RISSC due to the Customer's failure to cooperate, delayed cooperation or improper cooperation, in particular due to the use of outdated or faulty interfaces, incorrect handling of the software, faulty, incomplete, contradictory, outdated data or data that does not meet RISSC's requirements or delays on the part of the Customer, shall be invoiced to the Customer separately on a time and material basis in accordance with RISSC's current annual price list. Further rights of RISSC shall remain unaffected by this.

 § 8 Warranty

• RISSC accepts no liability for the results and outputs achieved with the software, in particular their up-to-dateness, correctness, quality and completeness, insofar as these are based on the customer's entries. The transaction data entered by the client is neither checked by RISSC nor by the software for its correctness or completeness.
• RISSC guarantees that the software corresponds to the product description on the website rissc.com and the user documentation and is free from third-party property rights that prevent or restrict the contractual use of the software. Claims can only be asserted by the customer for defects that are reproducible or can be comprehensibly described by the customer. In particular, functional impairments of the software resulting from the customer's hardware or software environment, faulty data, improper use or other circumstances originating from the customer's area of responsibility do not constitute a defect. RISSC assumes no warranty for connections of the software to the Customer's systems not created by RISSC.
• Properly notified defects in the Software shall be remedied by RISSC during the term of this Agreement within a reasonable period of time and in accordance with the SLA in Appendix B
• The customer may only assert the right of termination in accordance with Section 543 (2) No. 1 BGB on condition that he has previously requested RISSC in writing to provide supplementary performance, setting a reasonable deadline of at least two weeks, and that the deadline has expired without success.
• RISSC shall only pay damages and compensation for wasted expenditure within the limits of the 9th paragraph.

§ 9 Liability

• If RISSC provides services to the customer without remuneration, e.g. the provision of the software during a free test phase, RISSC shall only be liable in this respect for intentional and grossly negligent acts.
• RISSC shall only be liable for defects in the software that already existed when the contract was concluded, contrary to the statutory provision of 536a BGB, if RISSC is responsible for such defects.
• Otherwise, RISSC shall only pay damages and compensation for wasted expenditure, irrespective of the legal grounds (e.g. contractual breach of duty, tort), to the following extent:
  • in the event of malice, intent and gross negligence in the full amount;
  • in cases of simple negligence only in the event of a breach of a material contractual obligation (if none of the cases of unlimited liability specified in this § 9 apply), the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (so-called cardinal obligation) and only in the amount of the damage typically foreseeable at the time of conclusion of the contract, but only up to a maximum of ten times the net amount paid for the usage fee in the last two months before the occurrence of the damage.
• Except in the case of intent or gross negligence and provided it is not a cardinal obligation on the part of RISSC, RISSC shall only be liable in the event of data loss for the damage that would have occurred even if the customer had made proper and risk-adequate data backups, limited to the net amount paid for the usage fee in the last twelve months before the damage occurred.

§ 10 Confidentiality; access data; data protection

• The contracting parties mutually undertake to treat confidential RISSC information and documents of the other contracting party, which are either obviously to be regarded as confidential or are designated as confidential by the other contracting party, as business and trade secrets.
• The software may only be used by the customer's employees and the customer's customers. Such third parties must be bound to secrecy in writing before the customer accesses the software. The customer may not allow other third parties to use the software or access the cloud interface, either directly or indirectly.
• The customer is prohibited from disclosing their personal access data for the customer account to the cloud interface of the software to unauthorized third parties. All access data must be kept protected so that third parties cannot access it. The customer shall notify RISSC immediately if there is any suspicion that unauthorized third parties may have gained knowledge of them. If there is a suspicion of unauthorized access to the access data by third parties, RISSC shall be entitled to temporarily block the customer's access to his customer account or to the cloud interface of the software.
• RISSC uses an external data center operator to fulfil its contractual obligations. The customer has no claim to the involvement and use of a specific data center operator. However, RISSC shall always ensure that the data centers used are located within the EU and that - according to the information provided by the respective data center operator - the customer's data is not transferred to countries outside the EU. The browser connection to the data center is SSL-encrypted. The relevant security measures in the external data center include, in particular, physical security, logical security, operational security and data protection.
• The customer shall only process and store its own operational transaction data using the hardware and software provided. Insofar as the customer's data provided to RISSC has a personal reference, the customer shall be responsible for compliance with data protection regulations. The customer shall ensure that the relevant legal requirements for transmission to and processing by RISSC are met. In order to ensure that the end user is able to provide comprehensive data protection self-disclosure in accordance with the European General Data Protection Regulation (GDPR), it is essential that input fields are filled in for a specific purpose and that no personal data (e.g. user ID, name, telephone number, email addresses, etc.) is entered in free text fields (e.g. comment fields). If the customer processes personal data with the software, he shall request the agreement on order processing (AVV) from RISSC, sign it and send it to the following address at RISSC: rissc solutions GmbH, Mathildenstrasse 10/1. 71638 Ludwigsburg, Germany. RISSC is entitled to pass on the data provided to the operator of the external data center commissioned in each case for the purpose of fulfilling the contract.

§ 11 Term and termination

• Unless otherwise agreed, the contract shall have an initial term until the end of the month following the conclusion of the contract, after which it shall be extended by a further month if it is not terminated by one of the contracting parties with a notice period of three (2) weeks before the end of the respective term.
• An upgrade to a higher edition and/or the booking of additional packages is possible at any time with a conversion period of generally one to three months. A downgrade to a lower edition is possible at the end of the respective contract term and must be notified by the customer no later than one working week before the end of the respective contract term. When the changeover takes effect, the remuneration amount for subsequent transactions will be adjusted accordingly.
• The right of both contractual partners to extraordinary termination for good cause remains unaffected. Good cause shall exist for RISSC in particular if the customer is in default of payment of a substantial part of the remuneration or otherwise breaches material obligations under the contract. In the event of good cause, RISSC may, at its discretion, initially temporarily block the Customer's access to the cloud interface of the software and the Customer's access to its transaction data and request the Customer to remedy the breach of duty to fulfill the contract, setting a reasonable deadline. Further rights of RISSC remain unaffected by this.
• To be effective, any termination requires the
• RISSC is not obliged to store, archive and/or retain the customer's data for access by the customer beyond the date of termination of this contract

§ 12 Remuneration and terms of payment

• The contractual services are remunerated via a fixed basic fee plus a transaction-based usage fee (hereinafter collectively referred to as "usage fee"). The transaction-based usage fee can be designed as a usage fee per individual transaction or staggered according to transaction blocks. The amount of the usage fee depends on the one hand on the software edition selected by the customer upon conclusion of the contract and the selected
• The usage fee shall be invoiced by RISSC on a monthly basis at the beginning of each calendar month for the previous month. The customer shall receive the invoice as a pdf document by e-mail to the e-mail address stored in his customer account.
• RISSC has the right to adjust both the basic fee and the transaction-based usage fee by giving six weeks' notice in writing or by e-mail at the end of the calendar year in line with general price trends (taking into account the development of the consumer price index, www.destatis.de). Such an adjustment may not exceed the above fee components of the previous calendar year by more than 10%. If the usage fee is increased by more than 5%, the customer may terminate the contract in writing with four weeks' notice to the end of the calendar year.
• Services for which the customer must pay separately on a time and material basis shall be invoiced monthly at the beginning of the following month. Travel times for on-site assignments by RISSC employees shall be recorded separately as working hours and invoiced to the client at cost. Travel costs and travel expenses shall be invoiced additionally in the amount actually incurred.
• All remuneration components are subject to the applicable statutory payments and must be paid by the customer within 14 calendar days of the invoice date without deduction. Objections to the invoice may only be raised by the customer in writing within 14 calendar days of the invoice date, stating reasons.
• If the customer defaults on payment of the remuneration, RISSC shall be entitled, after issuing a prior reminder and setting a reasonable grace period (under threat of otherwise blocking), to block the customer's access to the cloud interface of the software and the customer's access to its transaction data until all outstanding and due invoices have been settled in full.

§ 13 Final provisions

• If the customer agrees to be named as a reference customer, RISSC is entitled to publish the customer's logos, brands and names in reference lists and specialist articles (in print and online format), if necessary in conjunction with coordinated statements (e.g. press releases). This consent can be revoked at any time in writing or by e-mail to info@rissc.com Amendments and additions to the contract must be made in writing to be effective. The revocation of this written form requirement must also be sent by fax (but not by e-mail, unless otherwise stated in this contract) in order to comply with the written form requirement under this contract.
• Should a provision of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by the contracting parties by mutual agreement with a provision that is as economically equivalent as possible.
• The customer may only transfer the rights and obligations arising from this contract to a third party with the prior written consent of RISSC.
• RISSC naturally complies with the requirements of the German Minimum Wage Act (MiLoG) and undertakes to its customers to pass on these obligations to its subcontractors and to provide evidence of compliance where necessary.
• This agreement is subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contractual relationship is