Terms of Use

1. Services

1.1 The provider shall provide the contractual services, in particular access to the software, in its disposal area (from the interface between the computer centre and the Internet). The scope of performance, quality, purpose of use and conditions of use of the contractual services shall be specified in the respective service description.

1.2 Additional services, such as the development of customer-specific solutions or necessary adaptations require a separate contract.

1.3 The provider may provide updated versions of the Software. The provider will inform the customer about updated versions and corresponding instructions for use by electronic means and make them available accordingly.

2. Scope of use

2.1 The contractual services may only be used by the customer and only for the purposes agreed in the contract. The customer may access the contractual services by means of telecommunications (via the Internet) during the term of the contract and use the functionalities associated with the software in accordance with the contract by means of a browser or another suitable application (e. g."App"). The customer does not receive any additional rights, in particular rights to the software or any infrastructure services provided in the respective computer center. Any further use requires the prior written consent of the provider.

2.2 In particular, the customer may not make use of the software beyond the agreed scope of use or have it used by third parties or make it accessible to third parties. In particular, the customer is not permitted to reproduce software or parts of it, to sell it or to let it for a limited period of time, to rent it out or to lend it.

2.3 The provider is entitled to take appropriate technical measures to protect against use not in accordance with the contract. The contractual use of the services may not be impaired in any way other than to an insignificant extent.

2.4 In the event that the scope of use is breached by a user or in the event of an unauthorized cession of use, the customer shall upon request immediately provide the provider with all information available to him/her for asserting claims based on the use contrary to the contract, in particular the name and address of the user.

2.5 The provider may revoke the customer's right of access and / or terminate the contract if the customer significantly exceeds the permitted use or violates regulations for protection against unauthorized use. The provider can interrupt or block access to the contractual services. The provider has to set the customer a reasonable period of grace to remedy this. The sole revocation of the right of access shall not be regarded as termination of the contract at the same time. The provider can only maintain the revocation of the access authorization without notice for a reasonable period, maximum 3 months.

2.6 The provider's claim for compensation for the use beyond the agreed use remains unaffected.

2.7 The customer has a claim to re-engagement of the access authorization and the access possibility, after he has proven that he has stopped the use contrary to the contract and has prevented a future use contrary to the contract.

3. Availability, performance deficiencies

3.1 The availability of the provided services is stated in the service description.

3.2 In the event of a only insignificant reduction in the suitability of the services for contractual use, the customer shall not be entitled to any claims on account of defects. The liability of the provider for defects which were already present at the time of the conclusion of the contract is excluded.

4. Data protection, confidentiality and obligations of provider

4.1 The customer is informed that the provider collects, processes and uses personal data relating to inventory and usage, as described in more detail in the provider's privacy policy, see https://www.lexemo.com/privacy-policy

4.2 The provider is obliged to keep customer data confidential. The provider is also specifically obliged to comply with all provisions of data protection law, as amended from time to time, and to preserve trade secrets and banking secrecy, if applicable.

4.3 The provider is obliged to use data it is provided with exclusively within the scope of this terms of use and the referred privacy policy.

4.4 The provider undertakes to educate all employees involved in processing the provided data in accordance with the applicable provisions of data protection law and to request a written data protection statement from them. This statement can be requested by the customer or its data protection officer at any time.

4.5 The provider is obliged to protect customer data against unauthorised access by means of appropriate technical and organisational measures. In particular, systems are to be protected against unauthorised or accidental destruction, accidental loss, technical defects, counterfeiting, theft, unlawful use, unauthorised changes, reproduction, access and other unauthorised modification.

4.6 To the extent the provider also offers its services to other customers, the provider ensures that the data provided by each customer is kept confidential from other customers by taking appropriate technical, staffing and organisational measures.

5. Obligations of the customer

5.1 The customer must protect the access rights assigned to him/her or the users as well as identification and authentication information from access by third parties and not pass them on to unauthorized persons.

5.2 The customer is obliged to indemnify the provider from all claims of third parties due to infringements of the law, which are based on an illegal use of the object of performance by him or take place with his approval. If the customer recognizes or must recognize that such a violation is imminent, the obligation exists to inform the provider immediately.

5.3 The customer has to use the possibilities provided by the provider to additionally secure his data in his original area of responsibility.

6. Non-contractual use, damages

In the event of any case in which the customer is unjustifiably making use of a contractual service, the customer shall pay damages in the amount of the compensation which would have accrued for the use in accordance with the contract within the minimum contract period applicable for this service. The proof that the customer is not responsible for the unauthorized use or that there is no damage or a considerably lower damage is reserved to the customer. The provider remains entitled to assert further damages.

7. Impact management

7.1 The provider will receive customer impact reports, assign them to the agreed impact categories (item 7.3) and carry out the agreed measures for analysing and eliminating impacts on the basis of this allocation.

7.2 During his usual business hours, the provider will receive and provide the customer with an identification number during his usual business hours. At the request of the customer, the provider confirms the receipt of a shock report to him under communication of the assigned identification.

7.3 Unless otherwise agreed, the provider will assign received shock reports to one of the following categories after first inspection:

a) Serious impact

The impingement is due to an error in the contractual services, which renders the use of the contractual services, in particular the software, impossible or only permitted with severe restrictions. The customer cannot circumvent this problem in a reasonable way and therefore cannot carry out tasks that cannot be postponed.

b) Other impacts

The impact is due to an error in the contractual services, which more than insignificantly limits the use of the contractual services, in particular the software, by the customer without causing a serious impact.

c) Other messages

Shock reports that do not fall into categories a) and b) are allocated to the other reports. Other notifications will only be handled by the provider according to the agreements made for this purpose.

7.4 In the event of notifications of serious impacts or other impacts, the provider shall immediately take appropriate measures on the basis of the circumstances notified by the customer in order to first locate the cause of the impact.

If, after initial analysis, the notified impact does not present itself as an error of the contractual services, in particular the software provided, the provider will inform the customer immediately.

Otherwise, the provider will initiate appropriate measures for further analysis and correction of the notified impact or - in the case of third party software - will forward the impact report together with its analysis results to the distributor or manufacturer of the third party software with the request for remedy.

The provider will provide the customer with any measures available to him to circumvent or correct an error in the contractual services, in particular the provided software, such as instructions for action or corrections of the provided software, without delay. The customer shall immediately take over such measures to circumvent or eliminate impacts and shall inform the provider of any remaining impacts when they occur.

8. Hotline

8.1 Contractual services

The provider sets up a contact point for the customer (hotline). This unit handles the customer's enquiries in connection with the technical requirements and conditions of use of the software provided as well as individual functional aspects.

8.2 Acceptance and processing of enquiries

Prerequisite for the acceptance and processing of enquiries is that the customer designates to the provider qualified personnel, who are responsible for the internal processing of enquiries from the users of the provided software. The customer is obliged to address inquiries to the hotline only via this personnel named to the provider and to use forms provided by the provider. The hotline accepts such enquiries by e-mail, chat and telephone during the usual business hours of the provider.

The hotline will process and answer proper inquiries in the usual course of business as far as possible. The hotline can refer to the customer's documentation and other training resources for the provided software. If it is not possible or not possible to receive an answer by the hotline, the provider will forward the request for processing - insofar as this has been expressly agreed upon - in particular inquiries regarding software not produced by him.

Further services of the hotline, such as other response times and deadlines as well as on-call standby or on-site use of the provider at the customer's premises must be expressly agreed in advance.

9. Duration of contract and termination of contract

9.1 The contractually agreed services shall be provided from the date specified in the contract for the duration of the term agreed upon in the contract. During this minimum term, a premature, ordinary termination on both sides is excluded.

9.2 The contract can be terminated with a notice period of three months, at the earliest at the end of the minimum term. If this does not happen, the contract shall be extended by a further year in each case, unless it has been duly terminated with a period of 3 months to the end of the respective extension period.

9.3 The right of each contracting party to extraordinary termination for good cause shall remain unaffected.

9.4 Any notice of termination must be given via the account page.

9.5 The customer shall secure his data on his own responsibility in good time before the end of the contract (e. g. by downloading). If desired, the provider will support the customer in this process. The customer's ability to access these data will not be available on a regular basis after termination of the contract due to reasons of order data processing.

10. Liability

The provider is not liable for the correctness of the provided contents.

11. Upload Customer Content

In the team versions of our products, customers can upload information and documents in certain formats. With the upload, the rights connected to the uploaded content stays with the relevant customer. The provider will not make use of any uploaded content, except for providing the search functionality for the relevant customer. As we do not process the uploaded customer content (except for building the search index), we will not scan the content for any virus or malware. The customer is responsible to ensure that no virus or malware will be uploaded. Malicious software files are generally not activated unless you open them. For this reason, just as with files from any other source, we recommend that you follow good security practices, including:

Running anti-virus software; Exercising due caution when running unknown files from other computers.

Version: 1 April 2019