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General terms and conditions

By using the internet offer as well as the use of the provided services and products of inSky GmbH you accept the following general terms and conditions:

§ 1 Scope of application

inSky GmbH, Alter Unteröwisheimer Weg 19, 76646 Bruchsal, Germany (hereinafter referred to as inSky) provides the services described in more detail below exclusively on the basis of these General Terms and Conditions. Deviating terms and conditions on your part will not be recognised as a matter of principle. Our General Terms and Conditions shall also apply if we carry out deliveries and services without reservation in the knowledge of terms and conditions that are contrary to or deviate from our General Terms and Conditions.

§ 2 Services

inSky grants you the simple, non-transferable right to use the products and services of inSky. This licence includes the right to display on screen documents and forms accessible with the respective access code or accesses, to enter data, to access the products and services with automated components, to submit data for processing and to receive results. All further rights of use and exploitation remain reserved.

§ 3 Conclusion of contract

By registering in the customer portal or using individually created accesses, configuring and using the configured products, a contract for a test access is concluded. It has a term of 30 days (test phase) and ends without the need for termination.

Within a reasonable period of time, inSky will send you a final user ID and password, if applicable, or other access data suitable for the intended use and will activate your access account and the software configuration options.

During the test phase, you can conclude a contract for permanent access at any time by using the configured product(s) productively. Productive use is deemed to exist if you integrate the products and services into your value chain or use them for your own benefit or the benefit of third parties, or if productive operation can be assumed according to the type and number of transactions. In particular, this also applies if configurations are transferred to an explicitly provided productive environment. The contract for permanent access is concluded for an indefinite period.

§ 4 Remuneration

During the test phase the use of inSky is free of charge. With the activation of a permanent access or the productive use you commit yourself to pay the monthly or transaction-related fees for the use of the software to inSky as specified in the price list. inSky issues invoices monthly at the end of each month, unless otherwise agreed or technical or organisational necessities arise for a deviation. Unless otherwise agreed, you will be granted a payment term of 14 days net.

All prices shown in the price list are exclusive of VAT, which will be shown separately on the invoice at the statutory rate on the day of invoicing and added to the total price.

If you wish the invoice to be optionally delivered to a third party who provides invoice processing, order processing or similar services on your behalf, inSky will comply upon request. The invoice will be deemed received by you upon delivery to the third party. inSky will not accept any fees, charges or other costs resulting from this process. In the event that the third party engaged by you for settlement claims costs from inSky, these will be passed on to you with a surcharge of 5 per cent at the latest in the month following the month of the third party's invoice.

§ 5 Availability

Maintenance work is carried out daily from 0:30 to 3:00 UTC (maintenance time). During this time, there may be restrictions in availability or an increase in latency. During the rest of the time (operating time) inSky owes an availability of the products and services of 98%, calculated on the calendar month. Products and services are deemed to be available if they can be accessed at the provisioning point via the configured access paths.

§ 6 Warranty claims and support

You are obliged to report any errors detected in the software immediately by e-mail to the address service(at) InSky will correct the errors within a reasonable time. Error reports submitted via this system will be processed within 6 hours on weekdays between 8:00 and 17:00, and within 10 hours outside these times. These times can be shortened via our partner Goering GmbH within the framework of a separate service contract.

§ 7 Liability

inSky is not liable for disruptions or delays in data transmission via the Internet for which it is not responsible.

For damages, in particular loss of data, due to errors in the software or other errors within its sphere of influence, inSky shall only be liable for damages if its employees or other vicarious agents are guilty of gross negligence or intent. This exemption does not apply to claims for damages arising from the Product Liability Act, for injury to life, limb or health or in cases in which this exemption would restrict essential rights and obligations arising from the nature of the contract in such a way that the purpose of the contract would be jeopardised. Insofar as we are not accused of intentional breach of contract, liability for damages shall be limited to the foreseeable, typically occurring damage, up to a maximum of the respective total price of the products or services purchased. Unless otherwise stipulated above, liability is excluded.

§ 8 Data protection

The data protection obligations are governed by the supplementary agreement on commissioned processing.

§ 9 Termination of the contract

The trial access contract ends after 30 days without the need for termination.

The contract for permanent access is concluded for an indefinite period. Both parties have the right to terminate the contract at any time without giving reasons at the end of the month. You carry out the termination directly in the portal by deactivating all configurations and discontinuing productive use. The right of termination for cause remains unaffected.

After termination of this contract, inSky is entitled to block your access account. Unless you request earlier deletion, your data will be deleted after the statutory retention period has expired.

§10 Consultancy, support and other services

Insofar as we provide consulting, support or other services, we are entitled to determine the consultants to be used for the performance of the contractually agreed services and also to have services performed by third parties at our reasonable discretion. The personnel deployed by us shall not be subject to the instructions of the customer, irrespective of the place of performance. Insofar as no specific procedure has been agreed, we shall perform the services at our reasonable discretion and in accordance with the proven state of the art. The customer shall be responsible for project organisation and planning. The respective project manager of the customer bears the overall responsibility for the professional, timely and budgetary realisation of the service or a project. Our staff will support the client's project manager in this regard. Our project manager is responsible for the management of our project team as well as deployed personnel in technical and disciplinary terms, regardless of the place of performance.

§ 11 Final provisions

German law shall apply to this contract.

The place of jurisdiction is Bruchsal.

Should individual provisions of this contract be or become invalid in whole or in part, or should there be a loophole in the contract, this shall not affect the validity of the remaining provisions. In place of the ineffective provision or to fill the gap, an appropriate provision shall be made which, as far as legally possible, comes as close as possible to what the contracting parties intended or would have intended according to the sense and purpose of this contract and ensures a corresponding economic success if they had considered the point.

Status: October 2021

inSky GmbH

inSky GmbH - ERP Data and Machine Cloud, Networking, Automation, Industry 4.0, Siemens PLC, SaaS.

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