Terms and Conditions

A Scope of Application

These Terms and Conditions form the basis of all contracts for deliveries and services of Cloud-Application Lifecycle Management (hereinafter also referred to as Calysima or we) based on orders via the Internet or other means of distance communication (email, letter, fax, telephone, etc.) by the customer (hereinafter customer or you).

The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership acting in the exercise of their commercial or self-employed professional activity when concluding the contract.

Deviating and/or supplementary agreements require our express written consent.

B Conclusion of Contract

The presentation of products in the online shop does not constitute a legally binding offer to conclude a purchase contract, but serves as an invitation for the customer to submit a binding offer.

The customer can initially place products into the shopping cart without obligation and correct their entries at any time before submitting the binding order. By clicking the button to place a binding order ("BUY WITH OBLIGATION TO PAY"), the customer submits a binding offer to conclude a purchase contract.

The contract is concluded within two days after the customer's order by Calysima's declaration of acceptance, or alternatively when the customer receives the goods or the contractually agreed service is made available to the customer within this period.

The contract is concluded in German. The text of the contract is not stored.

C Prices and Shipping Costs

The prices stated on the product pages are generally gross prices including statutory value added tax (VAT). Excluded from this are offers aimed exclusively at entrepreneurs.

D Provision & Use

Downloads and software activations (digital content not supplied on a physical data carrier) are provided immediately with the customer's consent and can be used directly.

Web applications are software provided for use solely via the Internet. Depending on the product, certain functionalities can be tested free of charge and anonymously, while others become available after paid activation. Depending on the product, activation allows selection between different functionalities and/or time periods. Calysima strives to grant the customer access to its web applications at all times, but cannot guarantee uninterrupted availability. Access may be temporarily restricted, for example, for technical reasons or due to maintenance work.

Before collecting, processing, or using personal data within the scope of using a web application, the customer must obtain the necessary consent of the data subject concerned unless a statutory permission applies. In the case of commissioned processing of personal data, Calysima will process, use, or access personal data exclusively in accordance with a data processing agreement to be concluded with the customer beforehand. If Calysima is to process special categories of personal data within the meaning of Art. 9 of the General Data Protection Regulation (GDPR) on behalf of the customer, the customer must inform Calysima thereof in writing immediately. If the customer uses the web applications unlawfully and/or in breach of contract, the customer shall indemnify Calysima and its vicarious agents against all third-party claims.

E Contract Content & Scope

The scope, duration, and costs of use as well as any additionally applicable manufacturer license and/or use terms vary from product to product and are specified individually upon conclusion of the contract. Calysima is free to provide the contractually agreed services in whole or in part through subcontractors or vicarious agents (in particular by the manufacturer of a product).

Unless otherwise specified upon conclusion of the contract (e.g., in the manufacturer's license terms or product description), the customer receives for web applications the non-exclusive right, limited to the contract term, to access the software functionalities via the Internet. The customer does not acquire any rights beyond this.

Contract customers (Update Guarantee Contract, Tax Savings Contract) receive newly released program versions free of charge during the contract term, continuous adaptation to technical and legal framework conditions (automatic updates, service packs), and the provision of services and functions enabling software usage. Updates are provided free of charge as downloads.

Unless otherwise stated upon conclusion of the contract, the following rules apply to the contract duration: Contracts without automatic renewal terminate automatically at the end of the contract term without requiring notice. Contracts with automatic renewal may be terminated by either party at any time without giving reasons with effect from the end of the respective usage period (found in your contract confirmation or in the customer portal under "My Account"), otherwise they renew automatically by another usage period.

The usage fee for all contract services is invoiced at the beginning of each new usage period. Telephone support is a voluntary additional service and not part of the contract; it may be modified or discontinued by Calysima at any time.

For regular subscription of selected magazines and publications, a subscription contract can be concluded. The subscription period is 12 months (annual subscription). Relevant information is provided with the offers. The annual fee is charged in advance for the entire subscription period after ordering. Content is provided monthly in digital form. The annual subscription may be cancelled at any time without giving reasons with effect from the end of the respective subscription period, otherwise it renews automatically by another subscription period.

F Payment Terms

Unless otherwise stated, our invoices are due immediately and payable without deduction. Without requiring a reminder, you enter default 30 days after due date and receipt of the invoice if we indicated this consequence on the invoice. However, we may issue a reminder earlier. Default interest for consumers is 5 percentage points and for entrepreneurs 9 percentage points above the respective base interest rate unless higher interest can be claimed. Cheques are accepted for fulfillment purposes only. Any bank charges shall be borne by you. You may only assert a right of retention if it is based on the same contractual relationship.

If invoices for deliveries and services are paid via SEPA Core Direct Debit or SEPA B2B Direct Debit, the invoice amount will not be debited from your account before the start of service provision, and you will receive advance notification of direct debit collection at least one day before the due date. This advance notification may occur, for example, with the transmission of the invoice. If you unjustifiably revoke the direct debit mandate retroactively, we are entitled to charge you the incurred chargeback costs.

Delivered goods remain our property until full payment has been received. We reserve the right to provide invoices via postal mail or electronically (e.g., via email or the Calysima customer portal). If you fall into payment default, we are entitled to withhold performance until full counter-performance is effected or to terminate the contract extraordinarily for good cause.

G Warranty & Liability

Warranty

Calysima warrants that the products are usable in accordance with their respective description and that services are performed properly. The warranty period for purchase contracts is two years for consumers and 12 months for entrepreneurs, commencing upon delivery or provision of the goods or service.

Maintenance

For contract customers (Update Guarantee Contract, Tax Savings Contract), the current software is maintained throughout the contract term, i.e., usability of the software is ensured in accordance with the service description.

Liability

Calysima is liable for damages arising from injury to life, body, or health according to statutory provisions. For other damages, Calysima is liable only for intent and gross negligence (subject to the next sentence). For other damages caused by breach of an essential contractual obligation (cardinal duty), Calysima is also liable for simple negligence, limited to damages foreseeable at the time of contract breach. Liability under the Product Liability Act and for breach of guarantees remains unaffected. Strict liability of Calysima for damages (§ 536a BGB) for defects existing at contract conclusion is excluded. The foregoing rules also apply to breaches of duty by employees, workers, representatives, and agents of Calysima.

Defect Rectification

The customer is obliged to assist Calysima in fault identification and defect rectification and to provide diagnostic information upon request. Calysima is entitled to bypass an occurring error if rectifying it would require disproportionate effort and software usability is not significantly impaired thereby. In case of a defect, Calysima will remedy the software or provide defect-free software within a reasonable period. If repair or replacement fails within this period and a reasonable grace period, the customer is entitled to reduce the price appropriately or terminate the contract at their choice.

Duties of Cooperation

The customer is obliged to use provided updates, patches, and service packs for the software and to back up their data prior to installation and regularly thereafter, especially before making changes to the hardware or software environment. The customer must not pass credentials to third parties, must store them securely against unauthorized access, and change them regularly. Credentials must not be stored unencrypted on end devices or media. If the customer becomes aware of misuse of credentials or suspects misuse, the customer must change credentials immediately and inform Calysima. If contributory fault applies due to breach of contractual duties or unauthorized modifications to the software by the customer or third parties, Calysima is not liable. Calysima assumes no responsibility for selection, installation, usage, or intended results of the software.

H Right of Withdrawal

Insofar as you as a consumer are entitled to a statutory right of withdrawal, you will receive cancellation instructions and a model withdrawal form with our order confirmation. If you do not act as a consumer when concluding a legal transaction, no right of withdrawal applies.

Data Carriers

According to § 312g (2) No. 6 BGB, the right of withdrawal does not apply to distance contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.

Downloads & Software Activations

According to § 356 (5) BGB, the right of withdrawal expires for contracts regarding the supply of digital content not on a physical data carrier once execution has begun after the consumer has given express consent to start performance before the withdrawal period expires and confirmed awareness of losing their right of withdrawal.

(Online) Services

According to § 356 (4) BGB, the right of withdrawal for service contracts expires once the service has been fully performed if execution began after the consumer gave express consent and confirmed awareness of losing their right of withdrawal upon complete performance.

I Miscellaneous

Information Obligations under Art. 14 ODR Regulation, § 36 VSBG

The European Commission provides an Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr/. Our email address is info@turnier-service.com. We voluntarily participate in dispute resolution proceedings before a consumer arbitration board: "Universalschlichtungsstelle des Bundes, Zentrum für Schlichtung e. V., Straßburger Str. 8, 77694 Kehl, www.verbraucher-schlichter.de".

Place of Jurisdiction

Place of jurisdiction is Freising if the customer is a merchant, a legal entity under public law, or has no general place of jurisdiction within the Federal Republic of Germany. We are also entitled to bring claims at any other statutory venue.

Choice of Law

The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Sales Convention (CISG), subject to mandatory international private law provisions and consumer protection laws of the customer's state of residence.

Reserve of Amendment

Calysima reserves the right to amend or supplement these conditions in the future insofar as reasonable for the customer, in particular if no economic or legal disadvantages arise or if amendments are required due to statutory or judicial changes. Calysima will notify the customer of amendments by email to the designated email address. Amendments take effect unless the customer objects within six weeks of notification.