General Terms of Use of the GAPTEQ Website

Please also note our other GAPTEQ terms and conditions.

Version 11/2022

1. Scope of application

1. By using the generally accessible free content and functions of the website www.gapteq.com (hereinafter "Website") of GAPTEQ GmbH (hereinafter "we", "us" or "GAPTEQ"), the visitor (hereinafter "User") enters into a contract with GAPTEQ in accordance with the following General Terms of Use (hereinafter "Terms of Use").
2. The content and functions of our website are aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and legal entities under public law or special funds under public law, not at consumers.
   An entrepreneur is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity; a partnership with legal capacity is a partnership which has the capacity to acquire rights and enter into obligations.
   In contrast, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
3. The subject of the terms of use are
   - Information on the GAPTEQ product portfolio, GAPTEQ service offerings and GAPTEQ software, testing and licensing options;
   - additional information and services such as webinars, FAQs, explanatory videos and access to demos;
   - Information about GAPTEQ as a company and ways to contact us.
4. These terms of use do not cover
   - the use of the GAPTEQ portal and
   - the services that can be booked separately via the GAPTEQ portal (in particular the licences to use the GAPTEQ software).
   These are regulated in each case in the GAPTEQ Portal Terms of Use or the GAPTEQ Software General Terms and Conditions (in individual versions).

2 Amendments to the terms of use

GAPTEQ has the right to amend the Terms of Use at any time and to make further use of the website dependent on acceptance of the amended Terms of Use.

3 Provision of content and functions

GAPTEQ reserves the right to change, terminate or remove content and functions in whole or in part at any time and/or to discontinue the operation of the website in whole or in part at any time.

4 Copyright and database rights

1. All content provided on our website (e.g. texts, graphics, logos, button icons, images, audio clips, digital downloads and data collections) is protected by copyright, both individually and as a whole.
2. Unless otherwise stated, we make this content available free of charge, exclusively for our own, non-commercial purposes. Existing copyright notices or other designations may not be removed. Any other editing/modification of our content is also not permitted.
3. Any use of the content of the website for commercial or public use, in particular by incorporating it into third-party websites, e.g. by means of a hyperlink, requires the prior written consent of GAPTEQ.
4. The user may not systematically extract and/or reuse content from the website - either in part or in full - without the express consent of GAPTEQ. In particular, the user may not use data mining, robots or similar data collection and extraction programmes to extract essential content from the website for reuse (whether once or several times). Furthermore, without the express consent of GAPTEQ, the user may not create and/or publish their own database that includes significant parts of the content of www.gapteq.com.

5 Availability of the website

1. GAPTEQ does not guarantee uninterrupted availability of the website.
2. Interruptions to availability may occur, for example, due to
   - technical errors that lead to the temporary shutdown of the website
   - necessary maintenance work on the website or the system
   - force majeure (or other causes for which GAPTEQ is not responsible).
   occur. GAPTEQ will always endeavour to rectify any faults for which it is responsible without delay.

6 Liability

1. GAPTEQ is liable without limitation if the cause of the damage is based on an intentional or grossly negligent breach of duty for which GAPTEQ is responsible.
2. GAPTEQ is liable for the slightly negligent breach of material obligations only for the foreseeable damage typical of the contract. Material obligations are obligations whose breach jeopardises the achievement of the purpose of the contract or whose fulfilment is essential for the proper execution of the contract and on whose compliance the user regularly relies. GAPTEQ is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
3. In the case of strict liability, GAPTEQ is only liable for typical and foreseeable damage.
4. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
5. Insofar as GAPTEQ's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

7 Data protection

1. We process personal data in accordance with the statutory and contractual provisions. Our employees involved in data processing are obliged to maintain data secrecy.
2. Further information on data protection can be found in the data protection notice on our website.

8 Applicable law, place of fulfilment, place of jurisdiction

1. The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes arising from this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. The place of fulfilment is the registered office of GAPTEQ.
3. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from the contract is the registered office of GAPTEQ. The exclusive place of jurisdiction is also our respective registered office if
   (a) if the user is not a merchant, a legal entity under public law or a special fund under public law and does not have a general place of jurisdiction in the Federal Republic of Germany, or
   (b) if the user moves his domicile or usual place of residence outside the Federal Republic of Germany after conclusion of the contract or if his domicile or usual place of residence is not known at the time the action is brought.
   Mandatory statutory provisions on exclusive places of jurisdiction, including Section 689 (2) of the German Code of Civil Procedure (ZPO), remain unaffected. This also applies to mandatory provisions of the EU Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (Regulation no. 1215/2012) and the Lugano Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters (in particular if the user is a consumer and is not domiciled in the Federal Republic of Germany but, in the case of the EU Regulation, in another state of the European Union or, in the case of the Convention, in Switzerland, Norway or Iceland and the Regulation or Convention is applicable).

9 Contact details and legal information

If you have any questions about our website, please contact us using the following contact details:
Company: GAPTEQ GmbH
Address: Flintsbacher Straße 12
83098 Brannenburg
Germany
Phone: +49 8034 95590-30
E-mail: info@gapteq.com
Register number: HRB 25402
Register court: Local court Traunstein
Value added tax identification number: 156/127/10160
Managing directors: Hermann Hebben, Anna Pongratz, Christian Stöllinger, Steffen Vierkorn
Responsible for editorial content according to § 55 paragraph 2 RStV: Steffen Vierkorn

10. Final provisions

1. Conclusion of the contract and communication for the fulfilment of contractual obligations between GAPTEQ and the user shall be in German.
2. If provisions of this contract have not become part of the contract in whole or in part or are invalid, this shall not affect the validity of the remaining provisions of the contract. In the event of invalid or unenforceable provisions of this contract, the contracting parties undertake to negotiate provisions that come as close as possible to the economic purpose of the invalid or unenforceable provisions. The same applies to the filling of loopholes. If the negotiations are unsuccessful, the content of the contract shall be governed in this respect by the statutory provisions.

Further GAPTEQ contractual conditions: