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

1. Content and Formation of the Contract

As of: 04.05.2026

1.1 Parties and Subject Matter

This Agreement governs the legal relationship between Alexander Thamm GmbH ("AT"), Sapporobogen 6-8, 80637 Munich, Germany, as the provider of the "Casebase" platform, and its customers ("Customer") with respect to the provision of the Casebase platform as a Software-as-a-Service (SaaS) solution via the internet.

Casebase is a Software-as-a-Service platform for the management of use cases, in particular from the fields of data analytics and artificial intelligence, and supports customers in the structured capture, evaluation, administration, and governance of such use cases throughout their entire lifecycle. To this end, Casebase provides functions that enable, in particular, the creation and maintenance of a central use case library, the analysis and prioritization of individual use cases based on strategic, functional, and economic criteria, and the transparent representation of interdependencies within a use case portfolio. On this basis, Casebase supports the preparation of business decisions without itself making decisions or issuing binding recommendations.

1.2 Exclusion of Deviating Provisions

Provisions that deviate from or go beyond this Agreement shall not apply. This applies in particular to the Customer's general terms and conditions, even if AT accepts a Customer order that references or includes such terms and AT does not expressly object to them.

1.3 Formation of the Contract

The contract is formed:

  • when 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 following the Customer's order.

1.4 Waiver of Certain Obligations in Electronic Commerce

The obligations under Section 312i(1) nos. 1, 2 and 3 of the German Civil Code (BGB) and Section 312i(1) sentence 2 BGB are hereby waived.

2. Services of AT

2.1 Right of Use

AT shall make the software product "Casebase" ("Software") specified and described in the order form or on the digital marketplace available to the Customer for use via the internet for the term of the Agreement ("Service"). For this purpose, AT hosts the Software on a server accessible to the Customer via the internet.

For the duration of this Agreement, 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 and use the Software via an internet connection and browser exclusively for its own commercial or independent professional purposes.

The right of use includes the temporary storage of program code (e.g., JavaScript) on the end devices of users to the extent necessary for contractual use.

Sublicensing or making the Service available to third parties or other companies is not permitted unless expressly agreed in text form (Section 126b BGB).

2.2 Availability

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

The Customer is solely responsible for the internet connection between the Customer and the data center and for the hardware and software required for this purpose (e.g., PC, network connection, browser). AT's service delivery occurs at the handover point from the data center used by AT to the internet.

a) Operating Hours

Maintenance work announced by AT via email (e.g., installation of updates/upgrades) of up to four hours per calendar month is excluded from operating hours. AT will perform maintenance work outside of operating hours wherever possible.

b) Calculation of Availability

When calculating actual availability ("Achieved Availability"), outages due to force majeure (e.g., strikes, civil unrest, natural disasters, epidemics) and reasonable service blocks implemented by AT for security reasons (e.g., due to denial-of-service attacks or critical security vulnerabilities without available patches) shall not be taken into account.

c) Service Credits

If the achieved availability falls below the target availability in a calendar month, the Customer is entitled to service credits equal to a share of the base and usage fees paid for that calendar month, as determined by the table below.

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

2.3 Setup

Initial setup of the Service (e.g., uploading a company logo) is performed independently by the Customer. Customizations or reprogramming of the Software according to the Customer's individual requirements are not included and require a separate written agreement including remuneration.

2.4 Support

AT provides the Customer with free email support to assist with use of the Service. General knowledge transfer, training, configuration, implementation, and customer-specific documentation and customization are not included.

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

2.5 Documentation

Unless otherwise agreed, AT's obligation is limited to providing user documentation in the form of online help or a PDF user manual. Further documentation as well as training or onboarding services must be agreed and compensated separately.

2.6 Service Modifications

The Customer acknowledges that the Software is standard software delivered as a SaaS model accessed by multiple customers through a centralized system (multi-tenancy).

AT is entitled to modify the Service (including system requirements) for good cause. Good cause exists in particular where the modification is required due to:

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

In addition, AT may modify the Service in a reasonable manner in the course of ongoing development (e.g., discontinuation of legacy features largely superseded by new ones).

AT will notify the Customer of changes that are more than insignificantly disadvantageous to the Customer by email at least four weeks prior to the changes taking effect. The Customer's consent is deemed granted unless the Customer objects in text form (Section 126b BGB) before the change takes effect. AT will expressly draw attention to this consequence in the change notification. Changes that would more than insignificantly disturb the contractual balance to the detriment of the Customer will not be made.

2.7 Responsibility for Uploaded Content

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

AT is not liable for damages or disadvantages arising from infected, defective, or erroneous files uploaded by the Customer. The Customer shall indemnify AT against all third-party claims asserted against AT based on content uploaded by the Customer, unless AT caused the damage intentionally or through gross negligence.

3. Fees and Default in Payment

3.1 Fee Structure

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

3.2 License Fees and Adjustment of Usage Packages

The license fee is 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.

The Customer may increase the number of booked usage packages 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 (Section 126b BGB), the number of booked usage packages will automatically increase if the Customer uses the Service beyond the booked quantity. In the event of an increase in booked usage units during the initial or a renewal term, additional fees will be invoiced on a pro-rata basis for the remaining term. Prices applicable at the time of ordering as per AT's price list apply to additional usage units.

3.3 Invoicing and Payment Period

AT shall invoice the agreed fees in advance at the start of the contract. Payment is due within 30 calendar days of receipt of the invoice. Invoicing may also take the form of an online invoice, whereby the invoice is provided as a downloadable and printable PDF file in the administrator menu or sent by email.

3.4 Prerequisite for Use

Use of the Service — except during an agreed free trial period — is only permitted after full receipt of the invoiced amount by 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 value-added tax.

3.6 Default in Payment, Suspension, and Extraordinary Termination

If the Customer falls into arrears with payment of the remuneration or a substantial portion thereof for two consecutive calendar months, or with payment of an amount equal to twice the monthly base and usage fees extending over more than two months, AT is entitled, following prior notice by email or letter, to suspend the Customer's access to the Service or to terminate the Agreement with immediate effect.

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

4. Customer Obligations and Duties

4.1 Lawful Use

The Customer undertakes to use the Service exclusively in accordance with the contractual agreements and applicable laws. The Customer shall ensure in particular that it does not infringe any third-party rights and complies with all applicable regulations — especially those relating to data protection, competition law, and copyright.

The Customer is obligated not to upload harmful, unlawful, unauthorized, or malware-containing data via the Service, not to misuse the Service, and not to take any actions likely to 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 and other cooperation obligations are set out in the order form or the product description on the digital marketplace. Unless otherwise specified therein, the Customer is obligated to always use a current browser version, enable cookies, and maintain an IT infrastructure that meets the system requirements.

The Customer is obligated to support AT in service delivery to the required extent and to perform all cooperation actions necessary for the execution of the Agreement in a timely manner.

4.3 Geographic Restrictions / Export Controls

AT's services may not be used from, or made technically accessible in, the following countries 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 block access to the contracted services from these countries or territories, in particular through IP blocking, geo-blocking, or comparable measures.

In addition, AT is entitled to exclude further countries or territories from use if they are subject to applicable sanctions or embargo lists of the European Union, the Federal Republic of Germany, or — where applicable — the United States of America. AT will notify the Customer without delay of the addition of further countries or territories.

The Customer warrants that neither it nor any user it has authorized will use AT's contracted services from the aforementioned countries or territories or make them accessible to third parties in those countries or territories. The Customer furthermore 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 the event of a breach by the Customer of the foregoing obligations, AT is entitled to immediately suspend access to the contracted services and to terminate the Agreement for good cause without notice. Further statutory claims remain unaffected.

5. Customer Data and Data Protection

5.1 Customer Data

Data entered or generated by the Customer and its employees in connection with use of the Software (including profile information, content, and other customer-related data) remain the property of the Customer. AT shall treat this data confidentially and implement appropriate measures to protect it against unauthorized access by third parties.

5.2 Grant of Rights and Use of Customer Data

The Customer grants AT a simple, worldwide, royalty-free right of use in the Customer Data, limited to the term of this Agreement, to the extent necessary for the provision and maintenance of the contractually owed Service. This includes in particular the storage, reproduction, processing, transmission, and backup of data on systems used by AT.

AT is further entitled to use Customer Data in anonymized, aggregated, or statistical form for error analysis, improvement and further development of software functions, and for internal purposes. Any personal reference is excluded.

5.3 Data Processing Agreement for Personal Data

To the extent that 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(7) GDPR; AT acts as processor within the meaning of Art. 4(8) GDPR and processes data exclusively on instruction and for the purpose of fulfilling this Agreement. The separately concluded data processing agreement (DPA) — provided to the Customer for signature upon request or during the onboarding process — applies in all other respects.

AT undertakes to implement appropriate technical and organizational measures to protect Customer Data — in particular against loss, destruction, or unauthorized access. This includes the creation of regular backups (at least daily).

The Customer retains the right at all times — including after the end of the Agreement — to request the return of its data. AT has no right of retention over the data. Return shall be made at AT's option either by transmission via a data network or by delivery of a data carrier. There is no entitlement to the return of software required to use the data.

5.4 Use of Usage Statistics and Third-Party Tools

AT uses the third-party tool Pendo.io (Pendo.io, Inc., 150 Fayetteville St, Raleigh, NC 27601, USA; further information at: https://www.pendo.io/legal/privacy-policy/) to collect pseudonymized statistics on the use of Casebase. Data collected includes in particular, but not exclusively: pages visited, features used, and duration of use. The data collected is processed in pseudonymized form and used exclusively to improve the user experience, in particular for error correction, optimization of the user interface, and further development of the Software. No use for advertising or marketing purposes takes place.

Processing is based on Art. 6(1)(f) GDPR (AT's legitimate interest in the continuous improvement and quality assurance of the Service). A data processing agreement in accordance with Art. 28 GDPR has been concluded with Pendo.io. Data transfer to the USA is based on the EU-US Data Privacy Framework and supplementary standard contractual clauses pursuant to Art. 46(2)(c) GDPR.

By entering into the agreement for use of Casebase, the Customer consents to the use of Pendo.io for the stated purposes. If the Customer objects to the use of Pendo.io, AT will deactivate usage analytics for the relevant tenant upon request. AT notes that full deactivation may limit its ability to further develop and troubleshoot the Service.

AT also uses the third-party tool Sentry (Functional Software, Inc. d/b/a Sentry, 45 Fremont Street, 8th Floor, San Francisco, CA 94105, USA; data processing exclusively on EU servers) to automatically capture and analyze errors and exceptions within the Casebase application. The purpose of this processing is to ensure the technical stability and security of the Service. Data processed may include in particular: error messages and stack traces, IP addresses (anonymized), browser and operating system information, and user IDs in pseudonymized form. Processing is based on Art. 6(1)(f) GDPR (AT's legitimate interest in ensuring the proper operation of the Software). A data processing agreement in accordance with Art. 28 GDPR has been concluded with Sentry. Further information at: https://sentry.io/privacy/

5.5 Responsibility for Data Protection and Consents

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

The Customer is obligated in particular to inform end users affected by use of the Service (e.g., its own employees) in accordance with Art. 13 and Art. 14 GDPR about the processing of their personal data and to make AT's privacy policy (available at [URL]) accessible to them. This applies in particular where the Customer creates user accounts for end users without those end users being involved in the registration process.

To the extent that AT provides the Customer with sample texts, templates, or other content relating to privacy notices and consent declarations, or draws attention to legal requirements, such materials are non-binding samples without claim to completeness or legal compliance. AT does not provide legal advice. The Customer is obligated to independently verify and ensure the lawfulness and suitability of such content, consulting a qualified third party if necessary.

5.6 Extended Rights of AT

a) Access and Audit Rights

AT is entitled, in the context of contractual service delivery and in the event of reasonable suspicion of unlawful or contractually non-compliant use of the Service, to access Customer Data, review it, and take technical measures to prevent or remedy violations. AT may in particular temporarily suspend access to or processing of individual data if necessary to maintain system integrity, remedy errors, or comply with statutory obligations.

b) Right to Delete Data

AT is entitled to delete Customer Data to the extent that the Customer breaches contractual or statutory provisions, in particular by uploading unlawful, harmful, or service-impairing content. AT will inform the Customer in advance wherever 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, and compliance with statutory disclosure, reporting, or documentation obligations, and — where legally required — to disclose it exclusively to the competent authorities. Disclosure to other third parties only takes place to the extent required for contract performance and in compliance with GDPR requirements, in particular Art. 28 GDPR.

d) Right to Adjust Technical Infrastructure

AT is entitled to change the technical infrastructure, storage locations, and tools or service providers used to deliver the Service, provided statutory data protection requirements and contractual agreements are observed. When engaging new sub-processors, AT will notify the Customer by email at least 14 days before the new sub-processor is engaged. The Customer has the right to object to the change in text form within this period. If the Customer does not object within the deadline, the change is deemed approved. In the event of a timely objection, the parties will seek an amicable solution; if this is not achieved, either party is entitled to terminate the Agreement with 30 days' notice for good cause. The current list of sub-processors used is included in the DPA and will be updated accordingly upon changes.

5.7 Further Restrictions for the Customer

a) Prohibition of Use for Unlawful or Critical Purposes

The Customer is prohibited from using the Service for purposes that violate applicable law, regulatory requirements, contractual agreements, or AT's interests. In particular, use for the following purposes is not permitted:

  • Storage or processing of special categories of personal data within the meaning of Art. 9 GDPR (e.g., health data), unless expressly and specifically agreed in writing with AT.
  • Transfer, storage, or dissemination 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 approved such activities.

b) Obligation to Cooperate in Data Breaches

The Customer is obligated to notify AT immediately upon becoming aware of any data protection breaches, unauthorized access, or loss of data, and to support AT in investigating and remediating such incidents to a reasonable extent.

c) Ensuring Deletion and Return

The Customer is obligated to delete and secure all of its own data from the Service after the end of the Agreement. After expiry of a deadline set by AT, AT is entitled to irreversibly delete all remaining Customer Data without further notification being required.

d) Restriction on Transfer of Rights

The Customer may not transfer or make available to third parties, in whole or in part, any rights or obligations under this Agreement or any access or usage rights to the Service without AT's prior express written consent.

6. Defect Claims

6.1 Freedom from Defects and Specification

AT shall provide the Service in a condition suitable for contractual use throughout the contract term. The specification of the Software is determined exclusively by the service description contained in or expressly referenced by the order form or the product description on the digital marketplace. Statements on the website, oral or written representations by AT outside the Agreement, and marketing materials are not binding with respect to the specification and scope of services.

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

6.2 Remediation of Defects

The Customer is obligated to notify AT of any defects in the Software immediately upon discovery, in writing and with a comprehensible description of the circumstances. AT will provide a remedy within a reasonable period at its own discretion. AT is entitled to provide the Customer with reasonable temporary workarounds and to perform the final remediation of the defect at a later date.

6.3 Exclusion of Strict Liability

Strict liability for defects existing at the time of contract formation pursuant to Section 536a(1), Alt. 1 BGB is excluded.

6.4 Restriction of Termination Rights

The Customer's right to terminate for failure to provide use of the Software pursuant to Section 543(2) sentence 1 no. 1 BGB is excluded, unless the provision of the contractual service has finally and permanently failed.

6.5 Limitation Period

The Customer's claims for defects become time-barred within 12 months of the statutory commencement of the limitation period. This does not apply to claims for damages where AT is subject to mandatory statutory liability (see Section 8.1, sentence 2).

6.6 Costs of Defect Remediation

If it transpires following a fault report by the Customer that no defect exists or that the defect is attributable to improper use by the Customer, AT may charge the Customer for the costs incurred.

6.7 Statutory Provisions

In all other respects, the statutory provisions on defect liability apply to the extent that this Agreement does not contain deviating provisions.

6.8 Restrictions During a Free Trial Period

The following restrictions apply to services provided during a free trial period:

  • AT does not warrant the freedom from defects, any specific functional scope, or any specific availability of the Service.
  • Claims for defect remediation, rectification, or warranty are excluded.
  • There is no entitlement to use, provision, data recovery, or support.
  • All liability for material defects and legal defects, and for damages arising during the trial period, is excluded — except in cases of intent or gross negligence and in cases of injury to life, body, or health.
  • The Customer is obligated not to enter any productive or sensitive data into the Software during the trial period.

7. Indemnification Obligations

7.1 Duty to Indemnify

The Customer is obligated to indemnify AT on first demand against all claims by third parties (including public authorities) asserted against AT due to a breach of contractual or statutory obligations attributable to the Customer. This includes in particular, but is not limited to, claims in connection with the uploading or provision of unlawful, data-protection-infringing, or otherwise impermissible content by the Customer, the misuse of the Service, and the infringement of third-party intellectual property rights (e.g., copyright, trademark rights, personal rights).

The indemnification also covers all costs incurred by AT in connection with the claims asserted against it, including reasonable legal costs for prosecution and defense.

7.2 Requirements and Process for Indemnification

A prerequisite for indemnification is that AT notifies the Customer in writing without delay of any claims asserted. AT is entitled at its own discretion to take all measures necessary to defend and/or settle the claims itself or to request the Customer to assume the defense at the Customer's own expense.

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

The Customer must support AT comprehensively and without delay in defense to a reasonable extent and provide all information and documents available to it.

AT remains entitled, independently thereof, to conduct judicial and extrajudicial proceedings concerning the claims itself, without 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 cases of intent or gross negligence by AT,
  • in cases of slightly negligent breach of material contractual obligations (cardinal obligations), whereby liability in such cases is limited to the typically foreseeable damage. Material contractual obligations are those whose fulfillment first enables the proper execution of the Agreement and on whose compliance the Customer may regularly rely (e.g., complete loss and irreversible absence of Customer Data).

In all other respects, AT's liability — regardless of the legal basis — is excluded, unless AT is mandatorily liable under statutory provisions, in particular for damages from injury to life, body, or health, for the assumption of an express guarantee, for fraudulent concealment of a defect, or under the German Product Liability Act.

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

8.2 Cap on Liability

In the event of liability pursuant to Section 8.1(b), AT's liability is limited to the typically foreseeable damage.

8.3 Maximum Amount of Foreseeable Damage

The parties agree that the typically foreseeable damage pursuant to Section 8.1(b) for all loss events within a calendar year shall not exceed the net remuneration for the Software-as-a-Service provided or incurred by AT in the relevant calendar year, whichever amount is higher.

8.4 Liability During the Free Trial Period

For damages arising during a free trial period, AT is only liable in cases of intent or gross negligence; all other liability is excluded.

8.5 Extension to Vicarious Agents

The limitations of liability set out in Sections 8.1 through 8.4 apply correspondingly in favor of AT's statutory representatives, employees, and other vicarious agents.

9. Term and Termination

9.1 Free Trial Period

If the order form or the product description on the digital marketplace provides for a free trial period, a 30-day trial period begins upon conclusion of the Agreement. No setup, base, or usage fees are charged during the trial period.

If the Customer does not terminate the Agreement in text form with AT no later than three (3) business days before the end of the trial period, the Agreement automatically and without further notice converts to the paid initial term pursuant to Section 9.2. Termination during the ongoing trial period is excluded. The right to extraordinary termination for good cause remains unaffected.

AT is entitled to end the trial period at any time without notice and without stating reasons, or to restrict or suspend access to the Service.

9.2 Term and Renewal

The Agreement is concluded — depending on the Customer's order — for a fixed term ("Initial Term") and automatically renews for a further period of equal length ("Renewal Term") unless terminated by either party with at least three (3) months' notice prior 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.

The right of either party to extraordinary termination for good cause remains unaffected. Section 3.2 applies to the reduction of usage units.

9.3 Form of Termination

Terminations require text form (e.g., letter, email, fax) to be effective.

10. Reference Use

AT is entitled, from the time of contract formation (see Section 1.3), to disclose the business relationship with the Customer to third parties for reference purposes and to use the Customer's logo, name, and company designation in all media (including but not limited to websites, presentations, brochures, press releases, and social media) free of charge. The legal basis for this processing is Art. 6(1)(f) GDPR (AT's legitimate interest in marketing the Service and building a reference base).

An objection to this processing (Art. 21 GDPR) or a withdrawal of consent to reference use is only possible in text form. The objection or withdrawal has no effect on publications and uses that have already taken place. In the event of an objection, AT is not obligated to recall or delete materials already produced or published.

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 email address of the administrator user most recently provided by the Customer. The Customer undertakes to keep this email address current at all times and to regularly check for new messages. Declarations and notices are deemed received upon delivery to this address.

11.2 Precedence of Mandatory Digital Marketplace Provisions

These Terms and Conditions apply exclusively to the extent that their application is not excluded or restricted by mandatory provisions of a digital marketplace (e.g., AWS Marketplace). To the extent that mandatory provisions of the relevant digital marketplace conflict with these Terms and Conditions, the provisions of the digital marketplace shall take precedence.

11.3 Order Form

The order form is an integral part of the Agreement. In the event of conflicts between these Terms and Conditions and the order form, the provisions of the order form shall prevail.

11.4 Set-Off and Retention

The Customer is only entitled to set off or assert a right of retention against undisputed or finally adjudicated claims arising from the respective contractual relationship. Set-off or retention based on other claims is excluded.

11.5 Form Requirements

Amendments and supplements to this Agreement and collateral agreements require text form (Section 126 BGB). Transmissions by email or fax satisfy the text form requirement unless mandatory statutory provisions require otherwise.

11.6 Governing Law

This Agreement and all disputes of any nature arising in connection with it are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11.7 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 Agreement is the registered seat of AT. AT remains entitled to assert claims also at the Customer's place of business.

11.8 Severability

Should any provision of this Agreement be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a provision shall be deemed agreed that comes closest to the economic purpose and intent of the parties. The same applies in the event of a contractual gap.