General Terms and Conditions (GTC)
for the provision of the SaaS Casebase by Alexander Thamm GmbH

last updated Marc 2026

1. Content and Formation of the Contract

1.1 Parties and Subject Matter

This contract governs the legal relationship between Alexander Thamm GmbH ("AT"), Sapporobogen 6-8, 80637 Munich, as the provider of the "Casebase" platform, and its customers ("Customer") regarding the provision of the Casebase platform via Software-as-a-Service (SaaS) over the Internet.

Casebase is a Software-as-a-Service platform for managing use cases, particularly from the technology areas of data analysis and artificial intelligence, and supports customers in the structured capture, evaluation, management, and governance of these use cases throughout their entire lifecycle. For this purpose, Casebase provides functions that enable, in particular, the establishment and maintenance of a central use case library, the analysis and prioritization of individual use cases based on strategic, technical, and economic criteria, as well as the transparent representation of relationships within a use case portfolio. On this basis, Casebase supports the preparation of business decisions without making decisions itself or providing binding recommendations.

1.2 Exclusion of Deviating Terms

Deviating or additional terms beyond the provisions of this contract shall not apply. This applies in particular to the Customer's General Terms and Conditions, even if AT accepts an order from the Customer that refers to such terms or includes them, and AT does not expressly object.

1.3 Formation of the Contract

The contract is formed:

• as soon as the Customer and AT sign an order form or otherwise enter into an agreement regarding the provision of AT's services, or
• online on digital marketplaces (e.g., AWS Marketplace) upon transmission of an order confirmation after the Customer's order

1.4 Waiver of Certain Obligations in Electronic Commerce

The obligations pursuant to § 312i para. 1 no. 1, 2 and 3 BGB as well as § 312i para. 1 sentence 2 BGB are waived.

2. Services of AT

2.1 Right of Use

AT provides the Customer with the software product "Casebase" ("Software") designated and described in the order form or on the digital marketplace for use via the Internet for the contract term ("Service"). For this purpose, AT hosts the Software on a server accessible to the Customer via the Internet.

For the duration of this contract, the Customer receives a non-exclusive, non-transferable right, limited to the number of usage units agreed in the order form or online in the order confirmation, to access the Software via Internet connection and browser and use it exclusively for their own commercial or self-employed professional purposes.

The right of use includes the temporary storage of program codes (e.g., JavaScript) on the users' end devices, insofar as this is necessary for contractual use.

Transfer or provision of the Service to third parties or other companies is prohibited unless expressly agreed in text form (§ 126b BGB).

2.2 Availability

AT must ensure a target availability of 95% per calendar month for the SaaS product Casebase.

The Customer is solely responsible for the Internet connection between the Customer and the data center as well as the necessary hardware and software (e.g., PC, network connection, browser). AT's service provision occurs at the handover point from the data center used by AT to the Internet.

a) Operating Time
Excluded from operating time are maintenance work announced by AT via email (e.g., installation of updates/upgrades) of up to four hours per calendar month. AT will perform maintenance work outside of operating hours whenever possible.

b) Calculation of Availability
When calculating the actually achieved availability ("Achieved Availability"), outages due to force majeure (e.g., strikes, riots, natural disasters, epidemics) as well as reasonable blocks implemented by AT for security reasons (e.g., due to denial-of-service attacks or serious security vulnerabilities without available patches) are not considered.

c) Service Credits
If the achieved availability falls below the target availability in a calendar month, the Customer is entitled to service credits in the amount of a proportion of the basic and usage fees paid for that calendar month, determined according to the following table.

Service credits will be offset against the next invoice upon the Customer's request. There is no entitlement to cash payment of service credits.

2.3 Setup

The initial setup of the Service (e.g., upload of company logo) is performed by the Customer independently. Customizations or reprogramming of the Software according to the Customer's individual wishes are not owed and require a separate written agreement including compensation.

2.4 Support

AT provides the Customer with free email support to assist with using the Service. This does not include general know-how transfer, training, configuration, implementation, or customer-specific documentation and customizations.

Support requests are processed Monday through Friday (business days), excluding nationwide public holidays and December 24 and 31, between 9:00 AM and 4:00 PM. The response time for email inquiries is a maximum of 24 hours. Inquiries outside support hours are deemed received on the next business day.

2.5 Documentation

Unless otherwise agreed, AT only owes the provision of user documentation in the form of online help or a PDF user manual. Additional documentation as well as training or instruction services must be separately agreed and compensated.

2.6 Service Modifications

The Customer is aware that the Software is standard software in a SaaS model accessed by multiple customers within a central system (multi-tenancy).

AT is entitled to modify the Service (including system requirements) for good cause. Good cause exists particularly if the modification is necessary due to:

• (i) adaptation to new legal requirements or case law,
• (ii) changed technical framework conditions (e.g., new browser versions, technical standards), or
• (iii) system security protection.

Furthermore, AT may modify the Service to a reasonable extent as part of further development (e.g., discontinuation of old functions that have been largely replaced by new ones).

AT will inform the Customer by email at least four weeks before implementation of changes that are not only insignificantly disadvantageous. The Customer's consent is deemed given unless they object to the change in text form (§126b BGB) by the time of implementation. AT will expressly point out this legal consequence in the modification notice. Changes that would not insignificantly impair the contractual balance between the parties to the Customer's detriment will not be made.

2.7 Responsibility for Uploaded Content

The Customer is solely responsible for the legal permissibility, accuracy, freedom from third-party rights, as well as freedom from viruses and malware of all files and content uploaded via the Service.

AT is not liable for damages or disadvantages arising from infected, harmful, or defective files uploaded by the Customer. The Customer indemnifies AT against all third-party claims asserted against AT due to content uploaded by the Customer, unless AT caused the damages intentionally or through gross negligence.

3. Compensation and Payment Default

3.1 Fee Structure

The Customer is obligated to pay AT the compensation agreed in the order form for using the Service during the contract term. The compensation consists of a fixed monthly basic fee and a monthly license fee, the amount of which depends on the number of booked usage packages (e.g., license packages for 25 users).

3.2 License Fees, Adjustment of Usage Packages

The license fee becomes due at the beginning of the initial term (see Section 9.2) and at the beginning of each renewal term (see Section 9.2) in advance and in full for the respective term.

An increase in booked usage packages can be made by the Customer at any time. A reduction of booked usage packages is only possible at the end of the initial term or a renewal term, or earlier with AT's express consent.

If agreed in the order form or otherwise in text form (§ 126 b BGB), the number of booked usage packages automatically increases if the Customer uses the Service beyond the booked quantity. In case of an increase in booked usage units during the initial or a renewal term, additional fees are invoiced proportionally for the remaining term. For additional usage units, the prices valid at the time of order according to AT's price list apply.

3.3 Invoicing and Payment Terms

AT invoices the agreed fees in advance at the beginning of the contract. Payment must be made within 30 calendar days after receipt of the invoice. Invoicing may also be done in the form of an online invoice by providing the invoice as a downloadable and printable PDF file in the administrator menu or sending it via email.

3.4 Usage Prerequisite

Use of the Service is permitted - except for an agreed free trial phase - only after full payment of the invoice amount to AT. AT is entitled to withhold activation of the Service until payment is received.

3.5 Net Prices

All stated prices are exclusive of applicable statutory VAT.

3.6 Payment Default, Blocking, and Extraordinary Termination

If the Customer is in default of payment of the compensation or a non-negligible part thereof for two consecutive calendar months, or with payment of an amount reaching double the monthly basic and usage fee extending over more than two months, AT is entitled, after prior warning by email or letter, to block access to the Service or terminate the contract extraordinarily.

During a block, the Customer's access to data stored in the Service is excluded.

4. Duties and Obligations of the Customer

4.1 Lawful Use

The Customer undertakes to use the Service exclusively within the framework of contractual agreements and applicable legal provisions. In particular, they will ensure not to violate third-party rights and to comply with all applicable regulations - especially regarding data protection, competition law, and copyright law.

The Customer is obligated not to upload harmful, illegal, unauthorized, or malware-infected data via the Service, not to use the Service abusively, and not to take any actions that could impair the functionality, security, or integrity of the Service.

4.2 System Requirements and Cooperation Obligations

The technical and organizational requirements for the Customer's hardware and software as well as other cooperation obligations are set out in the order form or the product description on the digital marketplace. Unless otherwise specified there, the Customer is obligated to always use a current browser version, allow cookies, and ensure IT infrastructure corresponding to the system requirements.

The Customer is obligated to support AT in providing services to the required extent and to perform all cooperation actions necessary for contract execution in a timely manner.

4.3 Geographic Usage Restrictions / Export Control

AT's services may not be used or made technically accessible from the following states or territories:

• Russian Federation
• Republic of Belarus
• Islamic Republic of Iran
• Democratic People's Republic of Korea
• Syrian Arab Republic

AT is entitled and obligated to technically prevent access to the contractual services from these states or territories, particularly through IP blocking, geo-blocking, or comparable measures.

Furthermore, AT is entitled to exclude additional states or territories from use if these are subject to corresponding sanctions or export control regulations according to sanction or embargo lists of the European Union, the Federal Republic of Germany, or - where applicable - the United States of America. AT will inform the Customer immediately about the inclusion of additional states or territories.

The Customer assures that neither they nor users authorized by them will use AT's contractual services from the named states or territories or make them accessible to third parties in these states or territories. The Customer further undertakes to comply with all applicable export control and sanctions regulations of the European Union, the Federal Republic of Germany, and - where applicable - the United States of America.

In case of the Customer's violation of the above obligations, AT is entitled to immediately block access to the contractual services and terminate the contract extraordinarily for good cause. Further statutory claims remain unaffected.

5. Customer Data and Data Protection

5.1 Customer Data

Data entered or generated by the Customer and their employees in the course of using the Software (including profile information, content, and other customer-related data) remain the property of the Customer. AT treats this data confidentially and takes appropriate precautions to protect against unauthorized access by third parties.

5.2 Grant of Rights and Use of Customer Data

The Customer grants AT a simple, worldwide, non-exclusive right to use the customer data, limited to the term of this contract and free of charge, insofar as this is necessary for providing and ensuring the contractually owed Service. This includes in particular storing, reproducing, processing, transmitting, and backing up the data on systems used by AT.

Furthermore, AT is entitled to use customer data in anonymized, aggregated, or statistical form for error analysis, improvement and further development of software functions, as well as for internal purposes. Personal reference is excluded.

5.3 Processing of Personal Data on Behalf

Insofar as AT processes personal data on behalf of the Customer in the course of providing the Service, the following applies:

The Customer is the controller within the meaning of Art. 4 No. 7 GDPR; AT acts as a processor within the meaning of Art. 4 No. 8 GDPR and processes the data exclusively on instruction and for the fulfillment of this contract. For the rest, the DPA to be concluded between the parties applies.

AT undertakes to maintain appropriate technical and organizational measures to protect customer data - particularly against loss, destruction, or unauthorized access. This includes regular backups (at least daily).

The Customer remains entitled at all times to demand the return of their data - even after contract termination. AT's right of retention on the data is excluded. The return is made at AT's choice either by transmission via a data network or by delivery of a data carrier. There is no entitlement to return of the software required to use the data.

5.4 Use of Usage Statistics and Employment of Third-Party Providers

AT employs the third-party tool Pendo.io (see: Security and Privacy – Pendo Help Center) to automatically and anonymously collect statistics on Casebase usage. In particular, but not exclusively, the following is recorded: pages accessed, functions used, and duration of use.

This data is non-personal and serves exclusively to improve user experience, particularly for bug fixes, user interface optimization, and software development.

Information collected by Pendo.io is processed and stored in accordance with applicable data protection laws. AT ensures that data transmission and storage is appropriately secured.

By using Casebase, the Customer consents to the collection and use of this data by Pendo.io for the stated purposes. If the Customer objects to the use, use of Casebase must be discontinued.

5.5 Responsibility for Data Protection and Consents

The Customer is solely responsible for the lawfulness of collection, processing, and use of data entered by them, as well as for proper information and consent of affected persons in accordance with GDPR requirements.

Insofar as AT provides the Customer with sample texts, templates, or other content for data protection information and consent declarations or points out legal requirements, these are non-binding samples without claim to completeness or legal conformity. Legal advice is not provided by AT. The Customer is obligated to independently verify, if necessary with the assistance of a qualified third party, the lawfulness and suitability of this content and to ensure it.

5.6 Extended Rights of AT

a) Access and Audit Rights
AT is entitled to access customer data in the course of contractual service provision and in case of justified suspicion of contractual or unlawful use of the Service, to review it, and to take technical measures to prevent or eliminate violations. In particular, AT may temporarily block access to or processing of individual data if this is necessary to secure system integrity, for error correction, or to comply with legal obligations.

b) Right to Data Deletion
AT is entitled to delete Customer data if and to the extent that the Customer violates contractual or legal provisions, particularly by uploading illegal, harmful, or content endangering the functionality of the Service. AT will inform the Customer in advance - where possible.

c) Processing for Support and Compliance Purposes
AT is entitled to process customer data for the purpose of technical support, error correction, internal quality assurance measures, and to fulfill legal disclosure, reporting, or documentation obligations and - if legally required - to forward them to authorities or authorized third parties.

d) Right to Adjust Technical Infrastructure
AT is entitled to change the technical infrastructure, storage locations, and tools or service providers used to provide the Service at its discretion, provided legal data protection provisions and contractual agreements are complied with.

5.7 Further Restrictions for the Customer

a) Prohibition of Use for Illegal or Critical Purposes
The Customer is prohibited from using the Service for purposes that violate applicable law, official regulations, contractual agreements, or AT's interests. In particular, use for the following purposes is not permitted:

• Storage or processing of particularly sensitive personal data within the meaning of Art. 9 GDPR (e.g., health data), unless expressly and in writing agreed with AT.
• Transmission, storage, or distribution of data whose possession, use, or publication is prohibited by law.
• Use of the Service to conduct penetration tests, security analyses, or automated data queries unless AT has expressly authorized this.

b) Obligation to Cooperate in Data Protection Violations
The Customer is obligated to immediately inform AT of data protection violations, unauthorized access, or loss of data that become known to them and to support AT in investigating and resolving incidents to a reasonable extent.

c) Ensuring Deletion and Return
The Customer is obligated to delete and backup all their own data from the Service after contract termination. After expiration of a deadline set by AT, AT is entitled to irrevocably delete all remaining customer data without further notice being required.

d) Restriction of Rights Transfer
The Customer may not transfer rights and obligations from this contract as well as access or usage rights for the Service in whole or in part to third parties or make them accessible without AT's prior express written consent.

6. Defect Claims

6.1 Freedom from Defects and Condition

AT will provide the Service in a condition suitable for contractual use during the contract term. The condition of the Software is exclusively determined by the service description contained in the order form or the product description on the digital marketplace or expressly incorporated by reference. Information on the website, oral or written statements by AT outside the contract, as well as marketing materials are not binding for the condition and scope of services.

The obligation to maintain the contractually compliant condition does not include adapting the Software to changed deployment conditions, technical or functional developments, changes in the IT environment (particularly hardware, operating systems), to the functional scope of competing products, or establishing compatibility with new data formats.

6.2 Defect Remediation

The Customer is obligated to report defects in the Software to AT immediately upon discovery in writing and with a comprehensible description of the circumstances. AT will remedy the situation at its discretion within a reasonable period. AT is entitled to provide the Customer with temporary reasonable workaround solutions and perform final defect remediation at a later time.

6.3 Exclusion of No-Fault Liability

No-fault liability for initial defects pursuant to § 536a para. 1, alt. 1 BGB is excluded.

6.4 Limitation of Termination Rights

The Customer's right to terminate due to non-provision of use of the Software pursuant to § 543 para. 2 sentence 1 no. 1 BGB is excluded unless the provision of contractual services has definitively and permanently failed.

6.5 Limitation Period

The Customer's defect claims become time-barred within 12 months from the statutory start of the limitation period. This does not apply to damage compensation claims insofar as AT is mandatorily liable by law (see Section 8.1 sentence 2).

6.6 Costs of Defect Remediation

If it turns out after a malfunction reported by the Customer that no defect exists or the defect is based on improper use by the Customer, AT may charge the Customer for the costs incurred.

6.7 Legal Provisions

For the rest, the legal provisions on defect liability apply insofar as nothing deviating is regulated in this contract.

6.8 Restrictions During Free Trial Phase

For services within a free trial phase, the following restrictions apply:

• AT does not owe freedom from defects nor a specific functional scope or specific availability of the Service.
• Claims for defect remediation, improvement, or warranty are excluded.
• There is no entitlement to use, provision, data recovery, or support.
• Any liability for material and legal defects as well as for damages arising during the trial phase is excluded - except for intent and gross negligence as well as for violation of life, body, or health.
• The Customer is obligated not to input productive or sensitive data into the Software during the trial phase.

7. Indemnification Obligations

7.1 Obligation to Indemnify

The Customer is obligated to indemnify AT on first request from all third-party claims (including public authorities) asserted against AT due to a violation of contractual or legal obligations attributable to the Customer. This includes in particular, but not exclusively, claims in connection with uploading or providing illegal, data protection-violating, or otherwise inadmissible content by the Customer, abusive use of the Service, as well as violation of third-party protective rights (e.g., copyrights, trademark rights, personal rights).

The indemnification also includes the assumption of all costs incurred by AT in connection with the claim, including reasonable prosecution and defense costs.

7.2 Prerequisites and Procedure of Indemnification

A prerequisite for indemnification is that AT immediately informs the Customer in writing about asserted claims. AT is entitled to take all measures necessary to defend against and/or settle claims at its own discretion or to request the Customer to assume the defense at their own expense.

Acknowledgments or comparable declarations to the third party may only be made with AT's prior written consent.

The Customer must comprehensively and immediately support AT in legal defense to a reasonable extent and provide all information and documents available to them.

Regardless, AT remains entitled to conduct judicial and extrajudicial negotiations on the claims itself without this affecting the indemnification claim.

8. Limitation of Liability

8.1 Exclusion of Liability

AT is liable for damages - regardless of the legal basis - exclusively:

• in case of intent or gross negligence by AT,
• in case of slightly negligent violation of essential contractual obligations (cardinal obligations), whereby liability in this case is limited to contractually typical foreseeable damage. Essential contractual obligations are those whose fulfillment first enables proper contract execution and on whose compliance the Customer may regularly rely (e.g., complete loss and irreversible absence of customer data).

Otherwise, AT's liability - regardless of the legal basis - is excluded unless AT is mandatorily liable under legal provisions, particularly for damages from violation of life, body, or health, upon assumption of an express guarantee, upon fraudulent concealment of a defect, or under the Product Liability Act.

Guarantees by AT require text form (§ 126 b BGB) and are only to be interpreted as such if expressly designated as a "guarantee".

8.2 Limitation of Liability Amount

In case of liability pursuant to Section 8.1 letter b), AT's liability is limited to contractually typical foreseeable damage.

8.3 Maximum Amount of Foreseeable Damage

The parties assume that the contractually typical foreseeable damage pursuant to Section 8.1 letter b) for all damage cases within a calendar year amounts at most to the net compensation for the Software-as-a-Service services provided by AT planned or incurred in the relevant calendar year, whereby the higher amount is decisive.

8.4 Liability During Free Trial Phase

For damages arising during a free trial phase, AT is liable exclusively for intent and gross negligence; otherwise liability is excluded.

8.5 Extension to Vicarious Agents

The liability limitations of Sections 8.1 to 8.4 apply accordingly also in favor of the legal representatives, employees, and other vicarious agents of AT.

9. Term and Termination

9.1 Free Trial Phase

If the order form or product description on the digital marketplace provides for a free trial phase, a trial phase of 30 days begins with contract conclusion. During the trial phase, no setup, basic, or usage fees are charged.

Unless the Customer terminates the contract in text form to AT no later than three (3) business days before expiration of the trial phase, the contract automatically and without further notice transitions into the paid initial term pursuant to Section 9.2. Termination during the ongoing trial phase is excluded. The right to extraordinary termination for good cause remains unaffected.

AT is entitled to terminate the trial phase at any time without giving reasons with immediate effect or to restrict or block access to the Service.

9.2 Term and Renewal

The contract is concluded - depending on the Customer's order - for a specific term ("Initial Term") and automatically renews for another period of equal length ("Renewal Term") each time unless terminated by one party observing a notice period of at least three (3) months to the end of the Initial Term or a Renewal Term in text form.

Unless otherwise agreed in the order form, both the Initial Term and each Renewal Term are twelve (12) months each.

Each party's right to extraordinary termination for good cause remains unaffected. For reduction of usage units, Section 3.2 applies.

9.3 Form of Termination

Terminations require text form for validity (e.g., letter, email, fax).

10. Reference Use

AT is entitled, from contract conclusion (see Section 1.3), to disclose the collaboration with the Customer to third parties for reference purposes and to use the logo as well as the name and company of the Customer free of charge in all media (including but not limited to websites, presentations, brochures, press releases, and social media).

Revocation of this right is only possible in text form. Revocation has no effect on publications and uses already made. In case of revocation, AT is not obligated to withdraw or delete already created or published materials from circulation.

11. Final Provisions

11.1 Declarations and Notices

AT is entitled to send all declarations and notices in connection with the contractual relationship by email to the administrator user's email address last communicated by the Customer. The Customer undertakes to always keep this email address current and regularly check for new messages. Upon receipt at this address, declarations and notices are deemed received.

11.2 Priority of Mandatory Digital Marketplace Terms

These General Terms and Conditions apply exclusively insofar as their application is not excluded or restricted by mandatory provisions of a digital marketplace (e.g., AWS Marketplace). Insofar as mandatory regulations of the respective digital marketplace conflict with these General Terms and Conditions, the respective provisions of the digital marketplace take precedence.

11.3 Order Form

The order form is an integral part of the contract. In case of contradictions between these General Terms and Conditions and the order form, the provisions of the order form take precedence.

11.4 Set-off and Retention

The Customer is only entitled to set-off or assertion of a right of retention with undisputed or legally established claims from the respective affected contractual relationship. Set-off or retention with other claims is excluded.

11.5 Form Requirements

Amendments and supplements to this contract as well as collateral agreements require text form (§ 126 BGB). Transmissions by email or fax fulfill the text form requirement unless mandatory legal provisions state otherwise.

11.6 Applicable Law

This contract and all related disputes - of any kind - are exclusively governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11.7 Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is AT's registered office. AT remains entitled to assert claims also at the Customer's registered office.

11.8 Severability Clause

Should individual provisions of this contract be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected. Instead of the invalid or unenforceable provision, a regulation is deemed agreed that comes closest to the economic purpose and the will of the parties. The same applies in case of a contractual gap.