General Terms and Conditions (GTC)
for the provision of the SaaS Casebase by Alexander Thamm GmbH
last updated January 2024
1. Content and Formation
1.1 Parties and Subject Matter.
This contract regulates the legal relationship between Alexander Thamm GmbH (“[at]”), Sapporobogen 6-8, 80637 Munich, provider of Casebase (“Casebase”), and its customers (“Customer”) regarding the provision of the Casebase platform over the internet (Software as a Service). Casebase is a data and AI use case management platform that supports documenting, managing, and controlling throughout the entire lifecycle of AI use cases. Customers can build a data and AI use case library, evaluate individual AI use cases based on strategically important criteria, and thus always make business-critical decisions based on the portfolio and business value.
1.2 No Deviating Provisions.
The applicability of deviating or additional provisions beyond these regulations is excluded. This applies particularly to the customer’s general terms and conditions, even if [at] accepts an order from the customer in which the customer refers to their general terms and conditions and/or attaches the customer’s general terms and conditions and [at] does not object.
1. 3 Formation of the Contract.
The contract is concluded when the customer and [at] sign an order form or otherwise agree on the provision by [at].
1.4 Obligations in Electronic Business Transactions.
§ 312i para. 1 nos. 1, 2, and 3 of the German Civil Code (BGB) as well as § 312i para. 1 sentence 2 BGB, which prescribes certain obligations for entrepreneurs in electronic commerce contracts, are excluded.
2. Services Provided by [at]
2.1. Right of Use
[at] provides the customer with the software product Casebase (“Software”), as specified and described in the order form, for use over the internet for the duration of the contract term (“Service”). For this purpose, [at] hosts the software on a server that is accessible to the customer via the internet. The customer receives a non-exclusive, non-transferable right to access the software via a browser and an internet connection for their own business purposes, exclusively within the scope of their commercial or self-employed professional activities. This includes the right to temporarily store (e.g., in RAM or browser cache) and execute program code (e.g., JavaScript) on the user’s computer to the extent necessary.
The right of use is limited to the maximum number of users (“usage units”) booked by the customer as specified in the order form. Any transfer of use or provision of the service to other companies or third parties is prohibited.
2.2. Availability
[at] will endeavor to provide the customer with the service at a target availability of 95% per calendar month during operating hours from 6:00 AM to 8:00 PM CET. The customer is responsible for the internet connection between their system and the data center, as well as the necessary hardware and software (e.g., PC, network connection, browser). [at]’s service provision is fulfilled at the connection point of [at]’s data center to the internet.
- Operating Hours: Operating hours do not include maintenance work (e.g., installation of updates or upgrades) announced by [at] via email, up to 4 hours per calendar month. [at] will endeavor to schedule maintenance outside operating hours.
- Achieved Availability: When calculating actual availability (“Achieved Availability”), service outages due to force majeure (e.g., strikes, riots, natural disasters, epidemics) are disregarded. Also excluded are service suspensions by [at] for security reasons, provided that [at] has taken appropriate security measures (e.g., denial-of-service attacks, critical security vulnerabilities in third-party software without an available patch).
- Service Credits: If the achieved availability falls below the target availability in a calendar month, the customer is entitled to service credits, which represent a portion of the monthly base fee and usage fee, as specified in the following table.
| Actual availability | Service credits |
| >= 95 % | none |
| >= 90 % and < 95 % | 20 % |
| >= 80 % and < 90 % | 40 % |
| >= 50 % and < 80 % | 80 % |
| < 50 % | 100 % |
Service credits are deducted from the next invoice upon request. A cash payout of service credits is not possible.
2.3. Setup
The customer is responsible for the initial setup of the service (e.g., uploading the company logo). Any modification of the service, particularly reprogramming based on customer requests, is not included. Such services must be separately agreed upon and compensated.
2.4. Support
[at] provides free email support to assist with the use of the service. The support does not include general knowledge transfer, training, configuration, implementation, customer-specific documentation, or software customization. Support services are available on weekdays from Monday to Friday between 9:00 AM and 4:00 PM, excluding national public holidays and December 24th and 31st each year. The response time for email inquiries is 24 hours. Inquiries received outside of support hours are considered received on the next business day.
2.5. Documentation
Unless otherwise agreed, [at] is only required to provide user documentation in the form of online help or a PDF user manual. Additional documentation, training, or instruction services must be separately agreed upon and compensated.
2.6. Service Changes
The customer acknowledges that the software is a standard software provided as a Software as a Service (SaaS) solution, where multiple customers access a central system. The benefits of such a multi-tenancy model can only be realized if the software remains uniform and capable of further development. Therefore, the parties agree:
[at] may change the service (including system requirements) for important reasons. Such a reason exists particularly if the change is necessary due to (i) legal or regulatory changes, (ii) modified technical conditions (e.g., new browser versions or technical standards), or (iii) system security protection.
Additionally, [at] may make reasonable changes to the service as part of software development (e.g., discontinuation of old functions that have largely been replaced by new ones). [at] will notify the customer in advance via email—typically four weeks before the changes take effect—if the change has more than a minor adverse impact on them.
The customer’s consent to such a change is considered granted unless they object in writing or via email before the change takes effect. [at] will explicitly inform the customer of this consequence when announcing the change. If the change significantly disrupts the contractual balance to the customer’s disadvantage, the change will not be made.
3. Payment and Default
3.1. Fee Structure
The customer owes [at] the agreed remuneration for the use of the service during the contract period, as specified in the order form. The remuneration may consist of a fixed monthly base fee and a monthly license fee dependent on the number of booked usage packages (e.g., license packages for 25 users).
3.2. License Fee Accrual
The license fee is due in full in advance at the start of the contract for the initial term (see Section 9.2) and subsequently at the beginning of each renewal term (see Section 9.2). An increase in the booked usage packages is possible at any time, while a reduction is only possible at the end of the initial or a renewal term, or earlier with the consent of [at]. If agreed in the order form, the number of booked usage packages automatically increases if the customer uses the service beyond the initially booked usage packages. In the event of an increase in booked usage units during the initial or a renewal term, the additional fees are charged proportionally. The prices for additional usage units are based on [at]’s price list valid at the time of ordering the additional units.
3.3. Invoicing
[at] issues invoices in advance at the start of the contract. The invoice amount is payable within 30 days. Invoicing may also be carried out online by providing a downloadable and printable PDF invoice in the administrator menu or by sending it via email (“Online Invoice”).
3.4. Commencement of Service Usage
Except in the case of a free trial period, the use of the service is only permitted and possible once the invoice amount has been received by [at].
3.5. Net Prices
All prices are exclusive of the applicable statutory value-added tax (VAT).
3.6. Payment Default
If the customer is in default for two calendar months with the payment of the fee or a significant part of it, or if, over a period exceeding two months, the outstanding payment reaches an amount equal to twice the monthly base and usage fee, [at] is entitled, after appropriate notice via email or letter, to suspend access to the service or to terminate the contract extraordinarily. During the suspension, the customer has no access to the data stored in the service.
4. Customer Obligations
4.1. Lawful Use
The customer will use the service only within the contractual and legal provisions and will not infringe on the rights of third parties. In particular, the customer will comply with data protection regulations, competition law, and copyright law while using the service and will not introduce harmful or illegal data or otherwise misuse the service.
4.2. System Requirements and Cooperation Obligations
Requirements for hardware and software on the customer’s side, as well as organizational requirements and the customer’s cooperation obligations, are regulated in the order form. Unless otherwise specified, the customer must use an up-to-date browser version and enable cookies.