Terms of Use for ITC-klha Software

§ 1 Scope

1. These Terms of Use apply if the customer is a business entity as defined in Section 14 of the German Civil Code (BGB), a legal entity under public law, or a special fund under public law within the meaning of Section 310 (1) BGB.
2. These Terms of Use govern the use of the software. ITC-klha provides all services related to the provision of its software exclusively based on these Terms.
3. Deviating, conflicting, or supplementary general terms and conditions of the customer shall only become part of the contract if ITC-klha has expressly agreed to their application. This also applies if the customer refers to their own terms and conditions during the order process and ITC-klha does not expressly object.

§ 2 Customer

1. ITC-klha markets its software exclusively to businesses. The customer confirms that they are a business entity as defined in Section 14 of the German Civil Code (BGB), a legal entity under public law, or a special fund under public law within the meaning of Section 310 (1) BGB.
2. The software is intended solely for the customer's internal use. Use for other commercial purposes is not permitted unless expressly approved in writing by ITC-klha.

§ 3 Software License Agreement

1. Downloading the software is required for its use.
2. By downloading the software, the customer receives a personal, limited, non-exclusive, non-transferable, and non-sublicensable license to use the software for internal purposes in accordance with the agreed license scope (e.g., per user) and these Terms of Use, for the duration of the contractually agreed term.
3. If the download is made through third-party app stores, the respective provisions of those providers shall also apply.

§ 4 Third-Party Services

1. For third-party services, the applicable terms and conditions of the respective third parties shall also apply. In particular, if the software is obtained or paid features are purchased through app stores, the formation of the license agreement and payment processing will be governed by the terms of the respective app store. The customer may review, save, or print those terms before downloading the software.
2. To obtain the software via app stores, the customer may be required to have an account with the respective provider. To use all features, it may also be necessary for the customer to be logged in to services provided by their device manufacturer or operating system provider.

§ 5 Scope of Services, System Requirements, Modifications

1. The scope of services, system requirements, and compatibility information for the software are based on the information provided by ITC-klha, either directly or on its website or in the relevant app store.
2. The customer is responsible for ensuring that their device and internet connection meet the technical requirements to use the software with the intended quality. Insufficient device performance or a weak connection may negatively affect the response time and display quality.
3. The customer does not acquire ownership of the software, but merely a right to use it in accordance with these Terms or the applicable app store terms.
4. Settings and content may be tied to the customer's device. If the software is deleted and reinstalled, or if the customer switches devices, ITC-klha is not obligated to restore previous settings or content.
5. ITC-klha continuously improves and updates the software. However, the customer is not entitled to receive any updates or specific new features.

§ 6 Code of Conduct and Customer Obligations

1. The customer may only use the software in accordance with these Terms. ITC-klha may use appropriate systems and measures to detect violations.
2. The customer must protect their access to the software against unauthorized use. Under no circumstances may a device, account, or login associated with another customer be used without authorization.
3. The customer may not use tools, mechanisms, or software in connection with the software that could disrupt its operation or functionality.
4. Unless explicitly permitted by ITC-klha or intended by the software's design, the customer may not add, delete, overwrite, or otherwise modify elements of the software or use its graphical components elsewhere. Decompilation of the object code is only permitted to the extent legally mandated.
5. The customer may not use or offer tools for unauthorized interference with the software (e.g., "bots" or "hacks").
6. The customer must immediately notify ITC-klha upon becoming aware that third parties have gained unauthorized access to their account or credentials, or if a violation of these Terms attributable to the customer occurs. The customer shall indemnify ITC-klha from third-party claims, including regulatory actions, resulting from such violations.
7. In the event of a suspected violation of these Terms, ITC-klha may temporarily suspend or permanently delete the customer's access. The customer will be given an opportunity to respond unless immediate action is required. In the case of a material breach, ITC-klha may terminate the agreement without notice. Prior warning is not required if continued adherence to the contract is unreasonable for ITC-klha. Additional claims remain unaffected.

§ 7 Fees and Payment Processing

1. The customer is obligated to pay the agreed fees. The prices valid at the time of contract conclusion, either communicated by ITC-klha or published in the relevant app store, shall apply.
2. Payment processing is governed by the agreed payment terms. If the software is acquired through third-party app stores, payment processing is subject to their terms, where applicable.

§ 8 Warranty

1. The software complies with the current state of the art. However, ITC-klha cannot guarantee that it is entirely free of defects. Minor issues may occur even though ITC-klha strives to provide high-quality software and ensure its full usability. Customers may assert statutory defect claims if defects significantly impair the use of the software.
2. Customers must report software defects with meaningful documentation, particularly including any error messages. Before reporting, they should consult any available troubleshooting features within the software.
3. Defects caused by external factors beyond ITC-klha's control—such as user errors, third-party software, force majeure, or unauthorized modifications—are not covered under warranty.
4. Unless otherwise expressly agreed, ITC-klha does not provide any guarantees regarding the software, its usability, or specific features, unless explicitly stated in writing and designated as a "guarantee".

§ 9 Limitation of Liability

1. The following applies to liability of ITC-klha and its employees, agents, and subcontractors, regardless of legal basis:
2. For paid services, ITC-klha is fully liable for intent and gross negligence. In the event of a breach of essential contractual obligations, ITC-klha is also liable for slight negligence, limited to typical, foreseeable damages at the time the contract was concluded. Essential obligations are those that enable proper performance of the contract and on which the customer may rely.
3. For free services (e.g., trial versions), ITC-klha is only liable for damages caused by gross negligence or intent, and even then, only for typical foreseeable damages.
4. These limitations do not apply to liability for injury to life, body, or health, or in the case of guarantees or product liability under applicable law.

§ 10 Intellectual Property Rights

All content within the software and on ITC-klha's websites, including documentation and supporting materials, is the exclusive property of ITC-klha or its licensors and is protected by copyright and other intellectual property laws. Unauthorized distribution, reproduction, exploitation, or infringement will be prosecuted.

§ 11 Data Protection

The current data protection notices apply. These are available from ITC-klha and can be accessed via its website or in the respective app store.

§ 12 Term and Termination

1. The agreement between the customer and ITC-klha is concluded for an indefinite period unless otherwise agreed.
2. Unless otherwise stated (e.g., in app store terms), the customer may terminate the agreement with one month's notice to the end of a calendar month.
3. ITC-klha may terminate the agreement only at the end of the paid license term.
4. The right of both parties to terminate for cause remains unaffected. ITC-klha may terminate the agreement without notice if the customer violates applicable laws or these Terms, particularly in cases of repeated or severe violations.
5. Termination must be in written form. Notification via the software or app store shall be sufficient.

§ 13 Amendments to the Terms of Use

1. ITC-klha may amend or supplement these Terms of Use with future effect, provided that such changes are reasonable and in good faith, for example, to reflect legal changes or evolving features.
2. Changes will be communicated in writing via the software, app store, or by email at least one month before they take effect. The announcement will include information about the customer's right to object and the consequences of not objecting.
3. If the customer objects within one month, both parties may terminate the agreement extraordinarily. If no objection is raised and the customer continues using the software, the amendment is deemed accepted.

§ 14 Final Provisions

1. The customer may not transfer their rights under this agreement to third parties without ITC-klha's prior written consent.
2. The customer may only exercise rights of set-off or retention if their counterclaims are legally established, undisputed, or recognized by ITC-klha.
3. All contracts concluded under these Terms of Use are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
4. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use shall be the registered office of ITC-klha, unless a mandatory statutory jurisdiction applies. ITC-klha may also bring an action at the customer's general place of jurisdiction.
5. If any provision of these Terms is or becomes invalid, the remaining provisions shall remain unaffected.