1. Subject Matter of the Contract

These Terms and Conditions apply to the use of the Provider’s Leanbyte SaaS software during the trial period or under the SaaS-Leanbyte order form and related annexes.

The software is operated by the Provider as a SaaS (cloud solution). The Customer is enabled to use the software via internet for the agreed duration.

These Terms apply exclusively; Customer terms are expressly excluded.

2. Formation and Validity of Use

By signing the SaaS order form, the Customer agrees to these Terms and Conditions.

The Terms apply only with the respective SaaS order form.

3. Type and Scope of the Service

The scope is defined in the SaaS Leanbyte Order Form appendix.

The Provider supplies the software at the data center handover point. Connectivity beyond this is the Customer’s responsibility.

Access Authorization

Access is granted per user via Microsoft Azure Active Directory. Integration is mandatory.

Cloud Storage Space

Data including images, videos, protocols, and documents are stored. If exceeded, storage auto-expands (“elastic cloud storage”).

4. Cloud Provider

Only EU/EEA-based ISO 27001-certified providers are used (e.g., Azure, AWS, Excoscale).

The Provider may change providers with 8 weeks’ notice in case of market changes.

5. Rights of Use

The Customer receives non-exclusive, non-transferable access for internal use only. Use by third parties is prohibited without consent.

6. Availability of the Software

99.5% availability per month is guaranteed. Scheduled maintenance, with consent, is excluded from availability calculations.

External disruptions (e.g., force majeure, Customer systems) are not the Provider’s responsibility.

7. Rights to Data Processing & Data Backup

The Provider complies with data protection regulations.

Data may be copied or formatted as needed to provide services, and is regularly backed up.

If personal data is involved, a data processing agreement (AVV) must be signed.

After termination, data is made available for 3 weeks and deleted within 3 months.

8. Language Packs and Translation

Language packs are optionally available and translated via DeepL. Data is not stored permanently.

See: DeepL Pro Security

9. Support

Support is triggered when contractual functions fail. Details are in the order form or SLA.

Detailed malfunction reports are required. SLAs may be agreed separately if needed.

10. Remuneration

Invoices are due within 14 days. Billing occurs monthly or quarterly as agreed.

Delayed payments (over 2 weeks) allow access blocking, which is lifted upon payment.

11. Customer’s Duty to Cooperate

The Customer must:

• Support the Provider reasonably,
• Ensure proper data backup and system requirements,
• Keep access data confidential.

12. Warranty

Statutory warranties apply with specific exclusions (§536a BGB, etc.).

13. Liability and Compensation

Liability is limited to €20,000 and excludes indirect damages unless caused by gross negligence, breach of cardinal obligations, personal injury, or covered by law.

Customers are responsible for data backups. Provider liability for data loss is excluded if preventable by backups.

14. Customer Data and Third-Party Claims

The Customer is responsible for data legality and shall not upload illegal or harmful content.

The Customer indemnifies the Provider against third-party claims and will assist in defense.

15. Term and Termination

Term is defined in the order form. Either party may terminate for cause (e.g., payment delay over 1 month).

Termination notices must be in writing or electronic form.

Upon termination, the Provider must return or delete Customer data unless legally required to retain it.

16. Confidentiality

Both parties must keep confidential all marked or obviously sensitive business information.

Exceptions include previously known, public, or lawfully disclosed data. These obligations survive termination.

17. Transfer of Rights and Obligations

Assignments require written approval. The Provider may use subcontractors to fulfill obligations.

18. Miscellaneous

• Changes must be in writing unless law requires otherwise.
• German law applies; CISG is excluded.
• If a clause is invalid, the rest of the contract remains in force.
• This agreement supersedes prior terms.
• Appendices (if agreed) include:
  • SaaS Leanbyte Order Form
  • AVV (Data Processing Agreement)
  • Service Level Agreement (SLA)

In case of contradiction, appendix provisions take precedence.