TERMS & CONDITIONS

  1. We enable the customer to use 2GTHR on the dates specified in the offer.

  2. In addition, we provide you with a designed virtual online environment ("Map", "Space Layout").

  3. For the points 1. and 2 we charge you the price stated in the offer. Of course we will issue an invoice for this, which has to be paid within two weeks after receipt by you (by e-mail is sufficient), as far as there are no other details mentioned in the offer.

  4. We will do our best to ensure that 2GTHR will be online continuously on the mentioned dates. However, it may happen that unavoidable maintenance work or technical failures lead to a shorter downtime.

  5. 2GTHR is best used with the following web browsers to ensure the best possible usability and security and to note, mobile is our functionality is still limited.:
    Google Chrome (version as of 89.0.4389.90)
    Firefox (Version from 83.0)

  6. If you or your employees detect a defect in 2GTHR, you will provide us with all information and data necessary to enable us to correct the defect.

  7. Both the Customer and we agree to comply with any applicable data protection regulations. Insofar as we receive personal data from the customer that is required for the performance of the services, we ask you to provide this data in accordance with data protection regulations. We will only process this data for the purpose of providing the service. Otherwise, we will only act as an order data processor. If necessary, we will conclude a separate agreement on this.

  8. You acknowledge that our software and maps are protected by copyright and that 2GTHR UG (haftungsbeschränkt) has the sole rights to them. You may use the software and maps only on the specified dates, and may not license, reproduce, or make them available to any third party that is not a party to this agreement. We are allowed to continue using the maps after the end of this contract and especially to provide them to third parties (without your branding of course).

  9. For intent and gross negligence, we are generally liable according to the legal regulations. For simple negligence, we are only liable (i) for damages resulting from injury to life, body or health; (ii) for damages resulting from the not insignificant breach of a material contractual obligation (obligation, the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies and may rely.

2gthr UG (haftungsbeschränkt), C/O Samuel Rumold, Plantagenstraße 13, 13347 Berlin

Registry court: Amtsgericht Charlottenburg

Register number: HRB 225065 B

Authorised representative / Managing director: Samuel Rumold, Julia Steier, Matthias Voßberg _____________________________________________________________________________________

  1. The customer is responsible for the backup of his data. If damages result from the loss of data, we shall not be liable for this. We recommend that you do not exchange any business secrets or other information on 2GTHR of which third parties are not allowed to gain knowledge. If this happens anyway, we are not liable for it according to point 9.

  2. The limitation period for claims for compensation for futile expenses is one year, beginning with the end of the year in which the claim arose and you became aware or should have become aware of the circumstances giving rise to the claim.

  3. If third parties assert claims because the use of our software by the customer or third parties attributable to it infringe or impair their rights, we shall inform each other without delay and mutually agree on the joint course of action.

  4. The customer shall fully indemnify and hold harmless 2GTHR upon first request from any and all claims or demands of third parties resulting in connection with or from (i) any use of the SOFTWARE by the customer contrary to the provisions of this contract, and/or (ii) any breach of contract or any defective performance or non-performance of this contract by the customer, and/or (iii) any liability under regulations on the protection of industrial property rights, in particular trademark and copyright law. This does not apply, of course, in the event that you can prove that you or your employees are not responsible for this.

  5. Applicable law for all claims arising from or in connection with this contract is the law of the Federal Republic of Germany. The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Berlin. Amendments to this contract must be made in writing, which also applies to this written form clause.

  6. Should any provision of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. In this case, we and you undertake to replace the invalid provision with a valid provision that comes as close as possible to the provision to be replaced in terms of its economic effects and the purpose of the contract. The same applies to the filling of contractual gaps.