General terms and conditions

Updated October 2022

Below you will find the terms of use of Loxonet GmbH.

1. Scope

• 1.1 Loxonet GmbH (“Loxonet”) offers a web-based social intranet or an employee app (“software”) for companies on the loxonet.com (“website”) website, which is intended in particular to facilitate/improve internal Corporate communication serves.

• 1.2 These general terms and conditions (“GTC”) apply exclusively to business transactions with entrepreneurs within the meaning of Section 14 of the German Civil Code, legal entities under public law and special funds under public law (“customers”). Loxonet does not establish any business relationships with consumers within the meaning of § 13 BGB in connection with the offer of the software.

• 1.3 Conflicting, additional or deviating general terms and conditions of the customer shall not become part of the contract unless Loxonet has expressly agreed to their validity in writing. These terms and conditions also apply if Loxonet executes an order from the customer without reservation in the knowledge of conflicting or deviating general terms and conditions.

• 1.4 Irrespective of this, individual agreements made in individual cases that deviate from these GTC take precedence over these GTC. A written agreement is decisive for the content of such agreements, subject to proof to the contrary.

• 1.5 Rights that Loxonet has over and above these GTC under the statutory provisions remain unaffected.

2. Conclusion of contract between the customer and Loxonet, test period

• 2.1 The offer made on the website to use the web-based software described there does not constitute a binding offer from Loxonet.

• 2.2 The use of the software requires the creation of a customer account ("Account"). To create the account, the customer must provide the required data and choose a password. By confirming the creation of the account, the customer first makes a binding offer to conclude a contract for the free use of the software for test purposes, to which he is bound for a period of seven days. Loxonet can accept this offer during this period by setting up and granting access to the account or by sending a message (by post or electronic message to the email address provided) containing the access data for the account set up.

• 2.3 By concluding a contract for free use in accordance with section 2.2, Loxonet grants the customer the simple, i.e. non-exclusive, right to use the software for a seven-day period from the time Loxonet grants access exclusively for test purposes ("test period"). Each customer is only entitled to a one-time test period. At the request of the customer, Loxonet can extend the test period at its own discretion. After the test period has expired, Loxonet will block the customer's account. There is no automatic conversion to a contract for the use of the software that is subject to a fee. Loxonet does not provide any support during the test period.

• 2.4 After the end of the test period, the customer can conclude a fee-based contract for the use of the software. On request, Loxonet will prepare a corresponding offer in written or text form, to which Loxonet is bound for the period individually specified in the offer. The contract is concluded when the customer accepts the offer in good time (§§ 145 ff. BGB apply).

3. Services

• 3.1 Loxonet provides the customer with access to the software as a so-called Software-as-a-Service (“SaaS”) for the contract period within the framework of the availability regulation (section 4) and grants the customer the corresponding rights of use Clause 6, provides support and carries out the necessary maintenance work to keep the software in a condition suitable for contractual use.

• 3.2 Loxonet is an interactive information and exchange platform for employees or members of a company, which helps the customer to actively involve employees in corporate communications. Employees are given access to the platform with the help of their own account. The platform is provided as a software-as-a-service solution and is installed on the servers of Deutsche Telekom (Magdeburg location). Access to the platform is via internet-enabled devices via browser or iOS/Android app. An internet connection is required for use, this is not part of Loxo's service

• 3.2.1 Social Intranet. The Loxonet Social Intranet ("platform") is web-based intranet software that enables employees to register on a common platform and use it to participate in corporate communication. The password-protected platform is provided via a URL that can be specified by the customer if desired. The basic modules of the social intranet are administration (“admin panel”), user administration and the dashboard. There is an internal marketplace (“marketplace”) within the platform, which offers the option of adding additional functions or activating them for use. The service description of the individual functionalities can be found in the marketplace. Further details on the scope of services can be defined in the offer for the paid use of the software. The social intranet provides the basis for the employee app in accordance with 3.2.2. and the white label version according to 3.2.3. represent.

• 3.2.2 Employee App. The employee app uses a fully functional platform according to 3.2.1. in advance. The employee app extends the web version with a mobile access point. Loxonet has three technologies to provide the employee app on mobile devices: (i) the AppStore app from the public Apple AppStore, suitable for iOS devices (ii) the Android PlayStore app from the Google PlayStore, optimized for Android-compatible smartphones (iii ) the browser app, also known as the PWA app, for all mobile devices, including tablets, with push support.

• 3.2.3 white label version. The white label version requires a fully functional platform according to 3.2.1. The white label version can be provided in two variants, which can be combined as desired: (i) a white label platform, which contains the name of the customer in the copyright and in which the support chat is switched off and in individual cases against one's own Chat can be replaced and (ii) a white label employee app which is published in the Google PlayStore and Apple AppStore with a specially chosen app name and app logo. The Android Whitelabel employee app is regularly published in the Android PlayStore under the Loxonet developer account. The white label iOS AppStore app is provided in a hidden manner, with each user being provided with an individual download link via the platform. Alternatively, the white-label employee app can also be made available via a company-owned Apple developer account, visible in the AppStore. The customer has to bear the setup and costs for the developer account himself.

• 3.2.4 Setup. The platform is set up by the customer himself. For this purpose, the customer is provided with detailed documentation in accordance with 3.2.6. provided. Furthermore, the customer is available to set up the support according to §4.

• 3.2.5 Customization. Loxonet does not owe any individual adjustments to the platform according to customer requirements. If individual adjustments are desired, they must be agreed in writing. These are then to be remunerated separately.

• 3.2.6 Documentation. Loxonet provides detailed documentation on the administration and use of the product at https://loxonet.com/help-center

• 3.3 The scope of services of the booked software results from the service description according to 3.2. as well as from the offer. Loxonet can update and further develop the software to a reasonable extent at any time and in particular due to a changed legal situation, technical developments, to improve IT security or due to significant changes in services or contractual conditions from third-party providers (e.g. for integrations) or subcontractors (e.g. for additional functionalities) adjust. Loxonet will adequately consider the legitimate interests of the customer and inform the customer by email within a reasonable period of time before the changes come into effect. Other services (e.g. personal introduction on site) are not the subject of a contract for the (paid) use of the software.

• 3.4 The contractually agreed functionalities, the scope of which is not limited, may only be used to an appropriate extent ("fair use"), in particular to ensure the functionality and cost-effectiveness of the provision for all customers. In case of doubt, there is inappropriate use if the customer sends an unreasonably high number of e-mails via the software (ie not in relation to the number of employees managed by the software) or exceeds the agreed storage space by a factor of 2.5 . Use that is alien to the nature of the software is also inappropriate, for example if the customer does not use additional functionalities as intended, ie not in the sense of the objective pursued with the functionality of the software.

• 3.5 The software enables data to be exchanged with third-party systems (“third-party system”) via interfaces (“integrations”). Within the software there is an overview and description of all available functions, whereby their availability for the customer may depend on the agreed number and, if applicable, add-ons. Loxonet reserves the right to change the range of integrations, especially if the third-party provider adjusts or discontinues the integration. Insofar as integrations are not marked as such by Loxonet ("Loxonet integration"), these are integrations that are provided by third parties and are the sole responsibility of them ("partner integration"). The scope of services and the steps necessary for the setup result from the website and for partner integrations primarily from the description of the third-party provider. Functions may only be used for the intended data exchange with the explicitly provided third-party system.

• 3.6 Partner integrations are not services provided by Loxonet. The functionality, availability, pricing, term and other terms of use for the provision of partner integrations, including support, are determined by the contractual provisions between the customer and the third party. Loxonet assumes no liability or guarantee for the partner integrations. In order to be able to use an integration, the customer must be authorized to use the third-party system to be connected. The customer is responsible for the operation of the third-party system, including its availability, in the relationship between the parties.

• 3.7 A change in the scope of services can be requested by the customer at any time. However, the customer does not have the right to change the scope of services during the contract period unless this is contractually agreed. The remuneration resulting from a change is determined according to the contract, if agreed, otherwise according to the regulations in Section 7.6 of these General Terms and Conditions.

4. Availability and response time in the event of disruptions; support

• 4.1 Loxonet guarantees 99.00% availability of the software provided as SaaS on an annual average. Exceptions to this are times when the server on which the software is hosted cannot be reached due to technical problems that are beyond Loxonet's control (in particular force majeure, fault of third parties). Also excluded are planned maintenance work (e.g. software updates) that are either outside normal business hours (Monday to Friday 9:00 a.m. to 6:00 p.m., taking into account public holidays in the Free and Hanseatic City of Hamburg - "business hours"), or which have been announced in advance in accordance with Clause 4.2.

• 4.2 Loxonet is entitled to interrupt the availability of the software for maintenance purposes and as a result of other technical requirements. As far as possible, maintenance work is carried out outside of business hours. If a maintenance measure will lead to an expected interruption in the use of the software of more than 30 minutes during business hours, Loxonet will notify the customer of this maintenance work by email at least 24 hours before it is carried out. At the customer's request, Loxonet will check at its own discretion whether it is technically and economically justifiable for Loxonet to postpone the planned maintenance work. Loxonet will inform the customer of the decision at short notice by e-mail or verbally.

• 4.3 System availability disruptions must be reported by the customer immediately after they become known. Loxonet will endeavor to report system availability disruptions that lead to a total failure of the software and which are received within the support hours (Monday to Thursday between 9:00 a.m. and 6:00 p.m. and Friday between 9:00 a.m. and 5:00 p.m., taking into account the statutory Holidays in the Free and Hanseatic City of Hamburg - “support times”) to ensure a response time of four hours for the start of troubleshooting. In the case of minor errors that do not lead to a total failure of the software and occur during ongoing operation, Loxonet will endeavor to respond no later than one working day after receipt of the error message.

• 4.4 In the case of fault reports that are received outside of support hours, the fault clearance begins on the following working day. Delays in fault clearance for which the customer is responsible (e.g. due to the unavailability of a contact person on the customer side or late reporting of the fault) are not counted towards the fault clearance time.

5. Customer Cooperation

• 5.1 The following cooperation services are the main obligations of the customer.

• 5.2 The customer is obliged to check the functionalities and the general condition of the software during the test period and to notify Loxonet of any defects or other deviations from the requirements for the condition before concluding a contract for the paid use of the software.

• 5.3 The customer is obliged to provide a qualified contact person and a deputy who is entitled to make or promptly bring about all necessary decisions that are necessary for the provision of the contractually agreed service. The customer is obliged to immediately notify changes to the contact person (including deputy) by email to info@loxonet.com, stating the customer number.

• 5.4 The customer is solely responsible for the content and data processed with the software. The customer hereby undertakes to only use the software in accordance with the contract and within the framework of the applicable legal provisions and not to violate any rights of third parties when using it. The customer will inform Loxonet immediately, if possible in writing, but at least in text form, about:

• a) the misuse or suspicion of misuse of the contractually agreed service;

• b) a threat or suspicion of a threat to compliance with data protection or data security that occurs in the course of providing the contractually agreed service;

• c) a threat or suspected threat to the services provided by Loxonet, e.g. loss of access data or hacker attack. 


If the customer uses the software in breach of contract or illegally, Loxonet can temporarily restrict or completely suspend access to the software according to the principle of appropriateness, especially if this is done to avert damage, if the illegal use has a detrimental effect on the cloud service, other Loxonet customers or could affect the rights of third parties. Loxonet will immediately notify the customer via email of such a restriction or suspension, if appropriate, in advance. The above section applies accordingly to the blocking of interfaces (APIs) that Loxonet makes available to the customer for communication with third-party software.

• 5.5 The customer is obliged to ensure the technical requirements for the proper use of the software himself, without the fulfillment of which there may be restrictions on the usability of Loxonet's services, for which Loxonet is not responsible:

• a) The customer is responsible for ensuring a connection to the Internet with sufficient bandwidth and latency.

• b) For optimal use of the offers and functions of Loxonet, the customer will use the browser types Google Chrome or Mozilla Firefox in their current version. In addition, the use of cookies must be permitted in the browser settings.

• c) The customer is responsible for taking state-of-the-art IT security measures within their own organization and for their employees. This includes, among other things, the installation and regular updating of common antivirus software on laptops, computers or other mobile devices of the customer's employees, ensuring the assignment and regular updating of secure passwords in accordance with the BSI IT basic protection or other equivalent, recognized security standards for the Loxonet account as well as for the laptops, computers or other mobile devices of the employees or the use of appropriate mechanisms such as 2-factor authentication, automatic inactivity lock, firewall etc.

• d) The customer is also obliged to ensure the confidentiality of the identification and authentication data assigned to its users as well as access data for interfaces, which also means, for example, the organizational and, if necessary, technical ban on passing on passwords and the ban on the use of so-called "shared accounts". ", To take care. The ban on the use of "shared accounts" refers to the Loxonet account. e) In addition, the customer must ensure the security of the Internet connection used, i.e. in particular to check the use of company-owned instead of public Virtual Private Networks (VPN) and ensure the use of VPN connections in public networks.

• 5.6 The customer is responsible for the technical setup and administration of the account. This applies regardless of whether Loxonet supports the customer in setting up the account in whatever form. These include in particular:

• a) the migration of data, configuration of processes and products;

• b) the technical setup of integrations in the Loxonet account and in the third-party system, e.g. determining whether certain data fields should be transferred and how customer-specific values ​​from fields with multiple selection should be assigned;

• c) checking the correctness of the function of the integration using test cases (e.g. regarding the text length of free text fields) before productive use;

• d) the technical connection of interfaces on the part of the customer according to the specification for incoming and outgoing data, including the entry of API keys and the activation of interfaces in the third-party system;

• e) creating users and roles and assigning access to the account.

6. Granting of rights in the case of paid service provision

• 6.1 All rights to the software - in particular copyright and other industrial property rights - lie exclusively with Loxonet. Upon conclusion of a contract, Loxonet grants the customer a simple (i.e. non-exclusive), non-transferable, non-sublicensable right, limited to the term of the contract, to contractually use the software booked by the customer for internal company purposes of the customer. The right of use allows the customer to use the software, in particular to configure and use the software and the interfaces of the software applications (API) in the contractually agreed scope of use. Insofar as Loxonet provides new versions of the software during the term of this contract, the license granted applies accordingly.

• 6.2 Unless expressly agreed otherwise, the customer is not entitled to the following actions: (i) re-license and/or sub-license the software, sell it or otherwise make it accessible to third parties; (ii) combine the Software with its own "value-add" to produce a commercial solution; (iii) copy, decompile, disassemble, translate or reverse engineer (reverse engineer) the Software in whole or in part or otherwise extract the source code or algorithms or processes from the Software, unless this is permitted by statutory provisions (e.g. § 69d UrhG), or circumvent technical limitations in the Software; (iv) modify, adapt or create derivative works from the Software; (v) copyright notices, remove any trademarks or other proprietary notices from the Software; (vi) to use the software in a way that violates applicable law, in particular not to transmit any information and data that is illegal or infringes the property rights of third parties, or to use it in a way that endangers the operation or security of the software, e.g impairs or violates the integrity or security of any network or system, bypasses filters, or transmits viruses or malware code.

• 6.3 The provisions of the respective provider apply to the rights of use for third-party systems and partner integrations.

7. Prices, Payment Methods and Terms of Payment

• 7.1 The prices individually negotiated with the customer apply. Unless otherwise stated, these are to be understood as net prices in euros plus any applicable statutory sales tax at the applicable statutory rate.

• 7.2 All payments are due in full in advance upon invoicing, unless otherwise agreed in writing.

• 7.3 The billing period begins on the day the contract for the paid use of the software is concluded or according to the start time in the contract, if specified. Payments for contracts for the fee-based use of the software are made by bank transfer or by SEPA direct debit. When paying by SEPA direct debit, the specified bank account will be debited at the latest on the due date. Loxonet also reserves the right to check the validity of the bank details provided and to check the address details. If there is an important reason, Loxonet is entitled to reject the account details entered as a means of payment. Loxonet will send the invoice to the customer by email.

• 7.4 In the event of a returned direct debit (in particular if there are insufficient funds in the account, the account has expired, an unjustified objection by the account holder or incorrect entry of the account data by the customer), the customer is obliged to pay the costs incurred as a result of the returned direct debit. Loxonet's further claims remain unaffected. Loxonet also reserves the right to submit the direct debit a second time for the payment obligation that is due in each case.

• 7.5 If the price for using the software increases due to a change in the scope of services (section 3.7), Loxonet will provide the difference between the advance payment already made and the changed price by the end of the billing period or the contract, e.g. in the case of an annual contract for the remaining term of the contract, either immediately or with the following invoice for the next billing period to the exact month. If the price decreases during the billing period due to a change in the scope of services, the customer is not entitled to a (pro rata) refund of the advance payment already made.

• 7.6 If the customer is in default of payment and if no payment has been made within one calendar week after the due date, Loxonet is entitled to block the customer's access to the software immediately, without setting a further deadline or separate prior notice. In this case, the customer remains obliged to pay the agreed remuneration plus any default interest. Any damage suffered as a result of the blocking cannot be asserted against Loxonet. The statutory provisions on default (§§ 286 ff. BGB) remain unaffected.

• 7.7 Loxonet reserves the right to independently check compliance with the agreed scope of use using suitable technology in the portal on a random basis.

8. Start of Contract, Minimum Term and Termination

• 8.1 As soon as the customer has received his access data, a free test period begins (section 2.3). After the test period has expired, the contract for the free provision of the software for test purposes ends. There is no automatic transition to a fee-based usage contract. Rather, after the end of the test phase, the customer can decide whether he would like to conclude a contract with Loxonet for the paid use of the software.

• 8.2 The minimum term for contracts for paid use of the software is three months. After the minimum term has expired, the contract is extended indefinitely. The customer can terminate the contract subject to a period of notice of three months. Since performance periods do not start on a monthly basis, three performance periods are billed after receipt of the notice of termination, which should therefore correspond to three months.

• 8.3 Contracts for the paid use of the software that have a longer term than the minimum term are extended after the agreed term by the last agreed term, unless the customer terminates the contract with a notice period of three months before the end of the current term has.

• 8.4 Loxonet has the right to terminate contracts for the paid use of the software with a notice period of four weeks to the end of the respective billing period or the end of the term.

• 8.5 The right of both contractual partners to terminate the contract for important reasons remains unaffected.

• 8.6 Each termination must be sent at least by email to info@loxonet.com, stating the customer number. After the end of the last service period, the customer's account will be blocked.

• 8.7 After the end of the contract, Loxonet will delete the customer data remaining on the server in accordance with the provisions on the deletion or return of the data contained in the order processing agreement.

9. Warranty; Force majeure

• 9.1 Loxonet guarantees that the software fulfills the specification according to the service description and, if applicable, according to the contract during the contract period and does not infringe any third-party rights if used by the customer in accordance with the contract. The description of services and, if applicable, the contract are decisive for the nature of the functionality of the software. Loxonet does not owe any further quality. 
  
  Loxonet does not guarantee that the software is suitable for the customer's business processes. The customer is responsible for convincing himself of the suitability of the software for his purposes during the test period.

• 9.2 The customer is obliged to inform Loxonet immediately of any service disruptions (defects in services, lack of availability) by email to info@loxonet.com, stating the customer number. The notification must contain a comprehensible, detailed description of the disruption that has occurred. The customer will support Loxonet to a reasonable extent in identifying and rectifying errors in the event of service disruptions. Loxonet will remedy any defects in the software within a reasonable period of time. Loxonet is entitled to temporarily show the customer possible workarounds and to eliminate the actual cause later by adjusting the Loxonet software, provided this is reasonable for the customer.

• 9.3 The customer cannot invoke defects or other deviations from the quality requirements that were already known or existed during the test period but were not reported to Loxonet before the conclusion of a contract for the paid use of the software.

• 9.4 No-fault liability for defects that already existed at the time the contract was concluded in accordance with § 536a Paragraph 1 Alt. 1 BGB is excluded, except in the case of fraudulent concealment of the defect by Loxonet.

• 9.5 Failures caused by (i) improper or non-compliant or illegal use or modification of the Software; (ii) failure to install updates; (iii) customer-supplied malware or viruses; (iv) third party software or hardware or failure to maintain same under Customer's responsibility; or (v) caused by add-ons shall not constitute a defect.

• 9.6 Loxonet is not responsible for any delay or failure to perform any obligation under this Agreement due to unforeseeable events occurring after the effective date of this Agreement and which are beyond its reasonable control, such as strikes, blockades, war, terrorism, riots, natural disasters and epidemics (»force majeure«), if Loxonet is unable to prevent or eliminate the force majeure at reasonable cost. In this case, the parties are released from their mutual performance obligations with regard to the affected part of the service for the duration of the force majeure including an appropriate start-up phase. Binding dates are postponed accordingly.

10. Property rights of third parties; exemption

• 10.1 Exemption: Third-party property rights in this sense are only those to which the third party is entitled in the country of the place of delivery (location). Loxonet will indemnify the customer against all claims by third parties due to infringements of property rights for which it is responsible in connection with the contractual use of the software and will reimburse the costs of appropriate legal action. The customer will (i) notify Loxonet immediately of any relevant claim under Clause 10.1, (ii) accept no liability and make no attempt to settle the claim without Loxonet's prior consent, (iii) reasonably and at its own expense with Loxonet cooperate in the defense and settlement of the claim; and (iv) grant Loxonet sole authority to defend and settle the claim.

• 10.2 Exceptions: Loxonet is not liable for claims for infringement of property rights due to or as a result of (i) unauthorized use, reproduction or distribution of the software; (ii) Modification of the Software without the consent of Loxonet; (iii) Use of the software together with other system components that are not provided by Loxonet or approved as a suitable system environment; (iv) use of an older version of the Software if use of the update would have avoided the claim and the update was made available free of charge; or (v) linking to third-party components if causal for the infringement. Finally, Loxonet is not liable if an alleged violation of a right of a third party with the continued use of the software by the customer,

• 10.3 When defending against and settling the claim according to Section 10.1, Loxonet can, at its sole discretion, provide the customer with a license for further use, provided this does not significantly affect the contractually agreed functions of the software, or change the software with essentially similar functionality to ensure this that there will be no further injury. If it is not possible to change the software, Loxonet will cancel the contract with the customer and reimburse the customer proportionately for the remuneration already paid.

• 10.4 The customer assures that the content and data stored on the Loxonet server and their use and provision by Loxonet do not violate applicable law, official orders, the rights of third parties or agreements with third parties. The customer will release Loxonet from claims asserted by third parties due to a violation of this clause upon first request.

11. Liability

• 11.1 Loxonet is fully liable - for whatever legal reason - in the event of injury to life, limb or health. The same applies to intent and gross negligence on the part of organs and executive employees or vicarious agents.

• 11.2 Subject to Section 11.1, Loxonet is only liable for slight negligence in the case of paid services if contractual obligations are violated, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner can rely (so-called cardinal obligations). In these cases, Loxonet's liability is limited to the foreseeable damage that is typical for the contract. The parties agree that the foreseeable contract-typical damage, depending on the negotiation, corresponds to a maximum of half the annual fee for the Loxonet software.

• 11.3 The above limitations of liability do not apply to liability under the Product Liability Act or within the framework of guarantees assumed in writing by Loxonet.

• 11.4 The above limitations of liability also apply to claims against managers, employees, other vicarious agents or subcontractors of Loxonet.

• 11.5 Liability for other indirect or consequential damages and lost profits is excluded. Contributory negligence on the part of the customer is to be offset against the amount of any claim for damages.

12. Privacy and Confidentiality

• 12.1 The customer is solely responsible for compliance with all applicable data protection regulations (esp. GDPR, BDSG) with regard to the personal data processed in the software (Art. 4 No. 7 GDPR). Loxonet processes the personal data provided by the customer (e.g. data from the customer's employees) as a processor (Art. 4 No. 8 DSGVO). In order to comply with data protection requirements, the parties conclude an order processing agreement that meets the requirements of Art. 28 GDPR.

• 12.2 "Confidential information" means all information and documents of a party that are marked as confidential or are to be regarded as confidential based on the circumstances, in particular information about products of the respective party, including object codes, documentation and other documents, operational processes, business relationships and know-how -how. The parties undertake to keep confidential information of the other party strictly and unconditionally secret and to protect it by appropriate technical and organizational precautions. Confidential information that is exempt from the duty of confidentiality is a) that was demonstrably already known to the recipient at the time the contract was concluded or that became known afterwards from a third party without a confidentiality agreement being concluded as a result, legal regulations or official orders are violated; b) which are publicly known when the contract is concluded or are made publicly known thereafter, insofar as this is not based on a violation of this contract; c) which must be disclosed due to legal obligations or by order of a court or an authority. As far as permissible and possible, the recipient who is obliged to disclose will inform the other party in advance and give it the opportunity to take action against the disclosure. c) which must be disclosed due to legal obligations or by order of a court or an authority. As far as permissible and possible, the recipient who is obliged to disclose will inform the other party in advance and give it the opportunity to take action against the disclosure. c) which must be disclosed due to legal obligations or by order of a court or an authority. As far as permissible and possible, the recipient who is obliged to disclose will inform the other party in advance and give it the opportunity to take action against the disclosure.

• 12.3 The parties will only grant access to Confidential Information to such consultants who are subject to professional secrecy or who have previously been subject to obligations equivalent to the confidentiality obligations of this Agreement. Furthermore, the parties will only disclose confidential information to those employees who need to know them for the execution of this contract, and will also oblige these employees to maintain secrecy to the extent permissible under labor law for the time after they have left the company.

13. Subject to change

• 13.1 Loxonet is entitled to change or supplement these GTC as follows. Loxonet will inform the customer about the changes or additions within a reasonable period of time before they come into effect. If the customer does not agree with the changes or additions, he can object to the changes or additions with a notice period of one week at the time they are intended to take effect. The objection must be sent by email to info@loxonet.com, stating the customer number. When notifying the customer of the changes or additions to the contractual terms, Loxonet will specifically point out the intended significance of his behavior. If the customer objects in due form and time, the contractual relationship will be continued under the previous conditions. In this case, Loxonet reserves the right

• 13.2 Loxonet particularly reserves the right to limit or terminate the provision of additional functionalities or integrations if the technical partners of the additional functionalities or the providers of the third-party systems significantly restrict or change their services or service conditions and Loxonet can no longer be expected to continue providing them , e.g. because the additional effort from Loxonet is disproportionately large. In this case, if billed annually, the customer will receive a reasonable pro rata refund of upfront fees if the additional functionality or integration was billed separately. If the restriction or termination of additional functionalities means that the continued use of the software does not appear reasonable for the customer,

• 13.3 Changes to these General Terms and Conditions must be made in text form. This also applies to the waiver of the text form itself.

14. Final Provisions

• 14.1 If a provision in these GTC or a provision within the framework of other agreements between the customer and Loxonet violates legal provisions in whole or in part or is or becomes invalid or unenforceable for other reasons, this shall not affect the validity of the remaining provisions or agreements. The parties are obliged to replace the ineffective or unenforceable provision with an effective one that comes as close as possible to what the parties intended when the contract was concluded in an economic sense.

• 14.2 The law of the Federal Republic of Germany applies to the legal relationship between the customer and Loxonet, excluding the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

• 14.3 The exclusive place of jurisdiction for all claims arising from the business relationship is the registered office of Loxonet. Loxonet is also entitled to bring an action at the customer's registered office and at any other permissible place of jurisdiction.

Do you have questions?

Telephone:
040/226373770
 

Email:
info@loxonet.com